Title 12Banks and BankingRelease 119-73not60

§3910 Audit Authority of Government Accountability Office

Title 12 › Chapter 40— INTERNATIONAL LENDING SUPERVISION › § 3910

Last updated Apr 3, 2026|Official source

Summary

The Comptroller General must audit the federal agencies that supervise banks (see section 3902 for who those agencies are). The Comptroller General can only do an onsite exam of an open insured bank or its holding company if the supervising agency gives written permission. The audit can look at how those agencies supervise banks at home and how they work with foreign or international authorities. When auditing the Federal Reserve Board or Federal Reserve banks, the audit cannot look at certain things: transactions involving a foreign central bank, a foreign government, or a nonprivate international financing organization; internal deliberations, decisions, or actions about monetary policy (for example, discount window use, member bank reserves, securities credit, interest on deposits, or open market operations); transactions made under the Federal Open Market Committee’s direction; or internal discussions about any of those items. GAO staff must keep identifying information about open banks, bank holding companies, and their customers confidential, except the Comptroller General may disclose a customer of a closed bank if that customer controlled or was closely tied to those who controlled the bank. GAO employees may talk with bank supervisors and report suspected crimes to law enforcement. To do audits, agencies must give GAO access to records, sample exam reports, workpapers, and related materials, provide lockable office space, phones, and copying, and accept a GAO list of authorized staff. Most GAO workpapers and agency records used in an audit must stay at the agency, and GAO must protect them from unauthorized access.

Full Legal Text

Title 12, §3910

Banks and Banking — Source: USLM XML via OLRC

(a)(1)Under regulations of the Comptroller General, the Comptroller General shall audit the appropriate Federal banking agencies (as defined in section 3902 of this title), but may carry out an onsite examination of an open insured bank or bank holding company only if the appropriate Federal banking agency has consented in writing.
(2)An audit under this subsection may include a review or evaluation of the international regulation, supervision, and examination activities of the appropriate Federal banking agency, including the coordination of such activities with similar activities of regulatory authorities of a foreign government or international organization.
(3)Audits of the Federal Reserve Board and Federal Reserve banks may not include—
(A)transactions for, or with, a foreign central bank, government of a foreign country, or nonprivate international financing organization;
(B)deliberations, decisions, or actions on monetary policy matters, including discount window operations, reserves of member banks, securities credit, interest on deposits, or open market operations;
(C)transactions made under the direction of the Federal Open Market Committee; or
(D)a part of a discussion or communication among or between members of the Board of Governors of the Federal Reserve System and officers and employees of the Federal Reserve System related to subparagraphs (A) through (C) of this paragraph.
(b)(1)(A)Except as provided in this subsection, an officer or employee of the Government Accountability Office may not disclose information identifying an open bank, an open bank holding company, or a customer of an open or closed bank or bank holding company.
(B)The Comptroller General may disclose information related to the affairs of a closed bank or closed bank holding company identifying a customer of the closed bank or closed bank holding company only if the Comptroller General believes the customer had a controlling influence in the management of the closed bank or closed bank holding company or was related to or affiliated with a person or group having a controlling influence.
(2)An officer or employee of the Government Accountability Office may discuss a customer, bank, or bank holding company with an official of an appropriate Federal banking agency and may report an apparent criminal violation to an appropriate law enforcement authority of the United States Government or a State.
(3)This subsection does not authorize an officer or employee of an appropriate Federal banking agency to withhold information from a committee of the Congress authorized to have the information.
(c)(1)(A)To carry out this section, all records and property of or used by an appropriate Federal banking agency, including samples of reports of examinations of a bank or bank holding company the Comptroller General considers statistically meaningful and workpapers and correspondence related to the reports shall be made available to the Comptroller General, including such records and property pertaining to the coordination of international regulation, supervisor and examination activities of an appropriate Federal banking agency.
(B)The Comptroller General shall give each appropriate Federal banking agency a current list of officers and employees to whom, with proper identification, records and property may be made available, and who may make notes or copies necessary to carry out an audit.
(C)Each appropriate Federal banking agency shall give the Comptroller General suitable and lockable offices and furniture, telephones, and access to copying facilities.
(2)Except for the temporary removal of workpapers of the Comptroller General that do not identify a customer of an open or closed bank or bank holding company, an open bank, or an open bank holding company, all workpapers of the Comptroller General and records and property of or used by an appropriate Federal banking agency that the Comptroller General possesses during an audit, shall remain in such agency. The Comptroller General shall prevent unauthorized access to records or property.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—Subsec. (b)(1)(A), (2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

Reference

Citations & Metadata

Citation

12 U.S.C. § 3910

Title 12Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60