12 U.S.C. § 1827 — Reports by Corporation; audit of financial transactions; report on audits; employment of certified public accountants for audits
submitted 76 years ago by ch. 967 to r/title-12-BANKS-AND-BANKING · 1,198 words · no verdicts yet
The Corporation must provide annual and quarterly financial reports to Congress, the Treasury Secretary, and the Office of Management and Budget. The Government Accountability Office must audit specified funds and the Corporation, report audit results, and may hire certified public accountants whose audit costs the Corporation must repay.
(a) Annual reports on the Deposit Insurance Fund and FSLIC Resolution Fund. (1) The Corporation must each year submit a complete report of its operations, activities, budget, receipts, and spending for the previous 12 months. For each fund, it must analyze (A) current financial condition; (B) purpose, effect, and estimated cost of each resolution action for an insured depository institution during the prior year; (C) how much actual assistance costs exceeded estimates reported in an earlier year; (D) the Deposit Insurance Fund’s exposure to economic changes most likely to affect it; (E) current resources estimated to be needed to fulfill this chapter’s purposes; and (F) findings, conclusions, and recommendations for future legislative or administrative resolution actions. (2) The report goes to the Senate President and House Speaker, who must arrange for printing for Congress, and to the President, as soon as practicable after January 1 each year. (3) It must include the report required by section 57a(f)(7) of title 15.
(b) Quarterly Treasury reports. (1) Before each fiscal quarter, the Corporation must give the Treasury Secretary its financial operating plans and forecasts. (2) As soon as practicable after each quarter, it must give the Secretary its financial-condition report at quarter-end and results of operations during the quarter. (3) These documents must include estimates required under section 1825(b) of the Corporation’s liabilities and obligations. (4) Providing them does not imply that the Corporation must obtain the Secretary’s approval or consent.
(c) OMB reports. (1) The Corporation must continue giving the OMB Director* financial information consistent with what it gave that Director immediately before the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 took effect. (2) It must also give copies of its ordinary-course financial plans and forecasts and quarterly financial-condition and operating-results reports. (3) This does not imply a duty to consult the Director or obtain consent or approval, or give the Director jurisdiction or oversight over Corporation affairs or operations.
(d) Audit. (1) The Comptroller General must annually audit the Corporation’s financial transactions and the Deposit Insurance Fund and FSLIC Resolution Fund under generally accepted government auditing standards. (2) The Corporation, the funds, and any independent certified public accountant auditing a fund’s financial statements must make available all books, records, accounts, reports, files, and property belonging to or used by them.
(e) Corporation audit. GAO must audit the Corporation’s financial transactions under principles and procedures for commercial corporate transactions and rules issued by the Comptroller General. The audit occurs where the Corporation normally keeps its accounts. GAO representatives must have access to all materials and property concerning transactions needed for the audit and full facilities to verify transactions against balances or securities held by depositaries, fiscal agents, and custodians. The Corporation keeps custody of those materials. The audit covers transactions on and after August 31, 1948, and the Corporation must be audited at least once every 3 years.
(f) Audit report. For each audit under subsection (b), the Comptroller General must report to Congress within 6½ months after the last audited year ends. The report must state* the audit’s scope and include assets and liabilities and surplus or deficit; surplus-or-deficit analysis; income and expenses; sources and uses of funds; comments and information needed about the Corporation’s financial operations and condition; and recommended actions. It must specifically identify any program, spending, transaction, or undertaking the Comptroller General believes lacked legal authority. Copies go at submission to the President, Treasury Secretary, and Corporation.
(g) Audit help and costs. For this audit, the Comptroller General may, at discretion and with the Corporation’s agreement, contract without regard to section 6101 of title 41 with certified-public-accounting firms or organizations for temporary or special work. The Corporation must reimburse GAO for the billed audit cost, and GAO must deposit the reimbursement in the Treasury as miscellaneous receipts.
The Corporation shall annually submit a full report of its operations, activities, budget, receipts, and expenditures for the preceding 12-month period. The report shall include, with respect to the Deposit Insurance Fund and the FSLIC Resolution Fund, an analysis by the Corporation of—
the current financial condition of each such fund;
the purpose, effect, and estimated cost of each resolution action taken for an insured depository institution during the preceding year;
the extent to which the actual costs of assistance provided to, or for the benefit of, an insured depository institution during the preceding year exceeded the estimated costs of such assistance reported in a previous year under paragraph (A);
the exposure of the Deposit Insurance Fund to changes in those economic factors most likely to affect the condition of that fund;
a current estimate of the resources needed for the Deposit Insurance Fund or the FSLIC Resolution Fund to achieve the purposes of this chapter; and
any findings, conclusions, and recommendations for legislative and administrative actions considered appropriate to future resolution activities by the Corporation.
Such report shall be submitted to the President of the Senate and the Speaker of the House of Representatives, who shall cause the same to be printed for the information of Congress, and the President as soon as practicable after the first day of January each year.
The report required under this subsection shall include the report required under section 57a(f)(7) 1 of title 15.
Before the beginning of each fiscal quarter, the Corporation shall provide to the Secretary of the Treasury a copy of the Corporation’s financial operating plans and forecasts.
As soon as practicable after the end of each fiscal quarter, the Corporation shall submit to the Secretary of the Treasury a copy of the report of the Corporation’s financial condition as of the end of such fiscal quarter and the results of the Corporation’s operations during such fiscal quarter.
The plans, forecasts, and reports required under this subsection shall reflect the estimates required to be made under section 1825(b) of this title of the liabilities and obligations of the Corporation described in such section.
The requirement to provide plans, forecasts, and reports to the Secretary of the Treasury under this subsection may not be construed as implying any obligation on the part of the Corporation to obtain the consent or approval of such Secretary with respect to such plans, forecasts, and reports.
The Corporation shall continue to provide to the Director* of the Office of Management and Budget financial information consistent with that contained in the reports that were being provided to the Director immediately prior to the effective date of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
The Corporation shall also provide to the Director copies of the Corporation’s financial operating plans and forecasts as prepared by the Corporation in the ordinary course of its operations, and copies of the quarterly reports of the Corporation’s financial condition and results of operations as prepared by the Corporation in the ordinary course of its operations.
This subsection may not be construed as implying any obligation on the part of the Corporation to consult with or obtain the consent or approval of the Director with respect to any reports, plans, forecasts, or other information referred to in paragraph (1) or (2) or any jurisdiction or oversight over the affairs or operations of the Corporation.
The Comptroller General shall audit annually the financial transactions of the Corporation 2 the Deposit Insurance Fund and the FSLIC Resolution Fund in accordance with generally accepted government auditing standards.
All books, records, accounts, reports, files, and property belonging to or used by the Corporation 2 the Deposit Insurance Fund and the FSLIC Resolution Fund, or by an independent certified public accountant retained to audit the Fund’s financial statements, shall be made available to the Comptroller General.
The financial transactions of the Corporation shall be audited by the Government Accountability Office in accordance with the principles and procedures applicable to commercial corporate transactions and under such rules and regulations as may be prescribed by the Comptroller General of the United States. The audit shall be conducted at the place or places where accounts of the Corporation are normally kept. The representatives of the Government Accountability Office shall have access to all books, accounts, records, reports, files, and all other papers, things, or property belonging to or in use by the Corporation pertaining to its financial transactions and necessary to facilitate the audit, and they shall be afforded full facilities for verifying transactions with the balances or securities held by depositaries, fiscal agents, and custodians. All such books, accounts, records, reports, files, papers, and property of the Corporation shall remain in possession and custody of the Corporation. The audit shall begin with financial transactions occurring on and after August 31, 1948. The Corporation shall be audited at least once in every three years.
A report of each audit conducted under subsection (b) of this section shall be made by the Comptroller General to the Congress not later than six and one-half months following the close of the last year covered by such audit. The report to the Congress shall set forth the scope of the audit and shall include a statement of assets and liabilities and surplus or deficit; a statement of surplus or deficit analysis; a statement of income and expenses; a statement of sources and application of funds and such comments and information as may be deemed necessary to inform Congress of the financial operations and condition of the Corporation, together with such recommendations with respect thereto as the Comptroller General may deem advisable. The report shall also show specifically any program, expenditure, or other financial transaction or undertaking observed in the course of the audit, which, in the opinion of the Comptroller General, has been carried on or made without authority of law. A copy of each report shall be furnished to the President, to the Secretary of the Treasury, and to the Corporation at the time submitted to the Congress.
For the purpose of conducting such audit the Comptroller General is authorized in his discretion to employ by contract, without regard to section 6101 of title 41, professional services of firms and organizations of certified public accountants, with the concurrence of the Corporation, for temporary periods or for special purposes. The Corporation shall reimburse the Government Accountability Office for the cost of any such audit as billed therefor by the Comptroller General, and the Government Accountability Office shall deposit the sums so reimbursed into the Treasury as miscellaneous receipts.
Source credit: (Sept. 21, 1950, ch. 967, § 2[17], 64 Stat. 890; Pub. L. 93–604, title VI, § 602, Jan. 2, 1975, 88 Stat. 1963; Pub. L. 101–73, title II, § 220(a), Aug. 9, 1989, 103 Stat. 263; Pub. L. 102–242, title IV, § 427, Dec. 19, 1991, 105 Stat. 2378; Pub. L. 104–208, div. A, title II, § 2704(d)(14)(S), (T), Sept. 30, 1996, 110 Stat. 3009–493, 3009–494; Pub. L. 106–569, title XI, §§ 1103(a), 1104(b), Dec. 27, 2000, 114 Stat. 3030, 3032; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–171, title II, § 2102(b), Feb. 8, 2006, 120 Stat. 9; Pub. L. 109–173, § 8(a)(26), (27), Feb. 15, 2006, 119 Stat. 3614, 3615.)
- 1950Enacted · Act of Sept. 21, 1950, ch. 967 · 64 Stat. 890
- 1975Amended · Pub. L. 93-604 · 88 Stat. 1963
- 1989Amended · Pub. L. 101-73 · 103 Stat. 263
- 1991Amended · Pub. L. 102-242 · 105 Stat. 2378
- 1996Amended · Pub. L. 104-208 · 110 Stat. 3009
- 2000Amended · Pub. L. 106-569 · 114 Stat. 3030, 3032
- 2004Amended · Pub. L. 108-271 · 118 Stat. 814
- 2006Amended · Pub. L. 109-171 · 120 Stat. 9
- 2006Amended · Pub. L. 109-173 · 119 Stat. 3614, 3615
A history note hasn’t been published yet. The record shows enactment by ch. 967 on 1950-09-21.
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