12 U.S.C. § 5391 — Inspector General reviews
submitted 16 years ago by Pub. L. 111-203 to r/title-12-BANKS-AND-BANKING · 950 words · no verdicts yet
This section requires three Inspectors General to review parts of a covered financial company’s liquidation. It sets deadlines, reporting duties, funding rules, and end dates for those duties.
(a) to (c) Omitted.
(d) FDIC Inspector General reviews. (1) Scope. The Corporation’s Inspector General must conduct, supervise, and coordinate audits and investigations of the Corporation’s liquidation of each covered financial company* for which it is receiver. The review must collect and summarize: (A) what the Corporation did as receiver; (B) the company’s material sales, transfers, mergers, obligations, purchases, and other material transactions; (C) whether the Corporation’s policies and procedures under section 5383(d) and its orderly liquidation plan under section 5390(n)(14) were adequate; (D) how the Corporation used the private sector, including whether its conflict-of-interest reviews were adequate; and (E) the Corporation’s overall performance, including administrative costs, the speed of liquidation, and the effect on the financial system. (2) Frequency. The Inspector General must perform this audit and investigation within 6 months after the Corporation is appointed receiver and every 6 months afterward. (3) Reports and testimony. The Inspector General must summarize the findings and evaluations in the semiannual reports required by section 405(b) of title 5 and must appear before the appropriate congressional committees if asked to present a report. (4) Funding. (A) The receivership treats the Inspector General’s expenses under this subsection as administrative expenses. (B) If the maximum amount available to the Corporation as receiver is not enough, the Corporation must pay the additional amount from assessments under section 5390. (5) End of duties. These duties end 1 year after the receivership ends.
(e) Treasury Inspector General reviews. (1) Scope. The Treasury Department’s Inspector General must conduct, supervise, and coordinate audits and investigations of the Secretary’s actions related to liquidating each covered financial company* under this subchapter. The review must summarize: (A) the Secretary’s actions; (B) the Secretary’s approval of the Corporation’s policies and procedures under section 5383 and acceptance of its orderly liquidation plan under section 5390; and (C) the terms and conditions behind the Secretary’s purchase of the Corporation’s obligations under section 5390. (2) Frequency. The Inspector General must do this within 6 months after the Corporation is appointed receiver and every 6 months afterward. (3) Reports and testimony. The Inspector General must summarize the findings and assessments in the required semiannual reports and must appear before the appropriate congressional committees if asked. (4) End of duties. These duties end 1 year after the obligations bought by the Secretary from the Corporation are fully redeemed.
(f) Primary financial regulatory agency Inspector General reviews. (1) Scope. When the Corporation becomes receiver for a covered financial company* supervised by a Federal primary financial regulatory agency or the Board of Governors under section 5365, that agency’s or Board’s Inspector General must write a report reviewing its supervision. The report must: (A) evaluate how effectively it performed its supervisory duties; (B) identify officials’ acts or omissions that helped cause default or danger of default; (C) identify actions that could have prevented default or danger of default; and (D) recommend administrative or legislative action. (2) Reports and testimony. Within 1 year after appointment of the Corporation as receiver, the Inspector General must give the report to the agency or Board and, with it, appear before the appropriate congressional committees if asked. Within 90 days after receiving the report, the agency or Board must give Congress a written report describing actions taken in response to the recommendations, or, if none were taken, why not.
The Inspector General of the Corporation shall conduct, supervise, and coordinate audits and investigations of the liquidation of any covered financial company* by the Corporation as receiver under this subchapter, including collecting and summarizing—
a description of actions taken by the Corporation as receiver;
a description of any material sales, transfers, mergers, obligations, purchases, and other material transactions entered into by the Corporation;
an evaluation of the adequacy of the policies and procedures of the Corporation under section 5383(d) of this title and orderly liquidation plan under section 5390(n)(14) 1 of this title;
an evaluation of the utilization by the Corporation of the private sector in carrying out its functions, including the adequacy of any conflict-of-interest reviews; and
an evaluation of the overall performance of the Corporation in liquidating the covered financial company*, including administrative costs, timeliness of liquidation process, and impact on the financial system.
Not later than 6 months after the date of appointment of the Corporation as receiver under this subchapter and every 6 months thereafter, the Inspector General of the Corporation shall conduct the audit and investigation described in paragraph (1).
The Inspector General of the Corporation shall include in the semiannual reports required by section 405(b) of title 5, a summary of the findings and evaluations under paragraph (1), and shall appear before the appropriate committees of Congress, if requested, to present each such report.
The expenses of the Inspector General of the Corporation in carrying out this subsection shall be considered administrative expenses of the receivership.
If the maximum amount available to the Corporation as receiver under this subchapter is insufficient to enable the Inspector General of the Corporation to carry out the duties under this subsection, the Corporation shall pay such additional amounts from assessments imposed under section 5390 of this title.
The duties and responsibilities of the Inspector General of the Corporation under this subsection shall terminate 1 year after the date of termination of the receivership under this subchapter.
The Inspector General of the Department of the Treasury shall conduct, supervise, and coordinate audits and investigations of actions taken by the Secretary related to the liquidation of any covered financial company* under this subchapter, including collecting and summarizing—
a description of actions taken by the Secretary under this subchapter;
an analysis of the approval by the Secretary of the policies and procedures of the Corporation under section 5383 of this title and acceptance of the orderly liquidation plan of the Corporation under section 5390 of this title; and
an assessment of the terms and conditions underlying the purchase by the Secretary of obligations of the Corporation under section 5390 of this title.
Not later than 6 months after the date of appointment of the Corporation as receiver under this subchapter and every 6 months thereafter, the Inspector General of the Department of the Treasury shall conduct the audit and investigation described in paragraph (1).
The Inspector General of the Department of the Treasury shall include in the semiannual reports required by section 405(b) of title 5, a summary of the findings and assessments under paragraph (1), and shall appear before the appropriate committees of Congress, if requested, to present each such report.
The duties and responsibilities of the Inspector General of the Department of the Treasury under this subsection shall terminate 1 year after the date on which the obligations purchased by the Secretary from the Corporation under section 5390 of this title are fully redeemed.
Upon the appointment of the Corporation as receiver for a covered financial company supervised by a Federal primary financial regulatory agency or the Board of Governors under section 5365 of this title, the Inspector General of the agency or the Board of Governors shall make a written report reviewing the supervision by the agency or the Board of Governors of the covered financial company, which shall—
evaluate the effectiveness of the agency or the Board of Governors in carrying out its supervisory responsibilities with respect to the covered financial company;
identify any acts or omissions on the part of agency or Board of Governors officials that contributed to the covered financial company being in default or in danger of default;
identify any actions that could have been taken by the agency or the Board of Governors that would have prevented the company from being in default or in danger of default; and
recommend appropriate administrative or legislative action.
Not later than 1 year after the date of appointment of the Corporation as receiver under this subchapter, the Inspector General of the Federal primary financial regulatory agency or the Board of Governors shall provide the report required by paragraph (1) to such agency or the Board of Governors, and along with such agency or the Board of Governors, as applicable, shall appear before the appropriate committees of Congress, if requested, to present the report required by paragraph (1). Not later than 90 days after the date of receipt of the report required by paragraph (1), such agency or the Board of Governors, as applicable, shall provide a written report to Congress describing any actions taken in response to the recommendations in the report, and if no such actions were taken, describing the reasons why no actions were taken.
Source credit: (Pub. L. 111–203, title II, § 211, July 21, 2010, 124 Stat. 1514; Pub. L. 117–286, § 4(b)(36), Dec. 27, 2022, 136 Stat. 4347.)
- 2010Enacted · Pub. L. 111-203 · 124 Stat. 1514
- 2022Amended · Pub. L. 117-286 · 136 Stat. 4347
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-203 on 2010-07-21.
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