Title 12, Banks and BankingRelease 119-110

§5391 Inspector General Reviews

Title 12 › CHAPTER 53 — WALL STREET REFORM AND CONSUMER PROTECTION › SUBCHAPTER II — ORDERLY LIQUIDATION AUTHORITY › § 5391

Last updated Sep 23, 2026|Official source

Summary

Requires three inspectors general to check and report on how a big failed financial firm is handled. The FDIC Inspector General must audit and investigate the Corporation acting as receiver. That review must describe what the Corporation did, list major sales or deals, check whether the Corporation’s rules and liquidation plan were adequate, look at how the private sector was used and any conflict-of-interest checks, and judge overall performance including costs, speed, and effects on the financial system. The FDIC Inspector General must do this within 6 months after the Corporation becomes receiver and every 6 months after that. The findings must be put into the inspector general’s twice‑yearly reports and may be presented to Congress if asked. The FDIC Inspector General’s costs are paid as receivership expenses, and if more money is needed the Corporation must cover it. Those duties end 1 year after the receivership ends. The Treasury Inspector General must do a similar twice‑yearly review of the Secretary’s actions, including what the Secretary approved and the terms of any purchases from the Corporation. The Treasury Inspector General reports and may testify to Congress on the same 6‑month schedule, and its duties end 1 year after the purchased obligations are fully redeemed. The Inspector General of the firm’s primary regulator must write a report within 1 year evaluating supervision, noting any acts or failures that helped cause the firm’s trouble, saying what could have been done to prevent it, and recommending fixes. The regulator must tell Congress, and must report back within 90 days about what it did in response.

Full Legal Text

Title 12, §5391

Banks and Banking, Source: USLM XML via OLRC

(a)to (c) Omitted
(d)FDIC Inspector General reviews
(1)Scope
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)a description of actions taken by the Corporation as receiver;
(B)a description of any material sales, transfers, mergers, obligations, purchases, and other material transactions entered into by the Corporation;
(C)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) of this title;
(D)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
(E)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.
(2)Frequency
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).
(3)Reports and testimony
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.
(4)Funding
(A)Initial funding
The expenses of the Inspector General of the Corporation in carrying out this subsection shall be considered administrative expenses of the receivership.
(B)Additional funding
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.
(5)Termination of responsibilities
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.
(e)Treasury Inspector General reviews
(1)Scope
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)a description of actions taken by the Secretary under this subchapter;
(B)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
(C)an assessment of the terms and conditions underlying the purchase by the Secretary of obligations of the Corporation under section 5390 of this title.
(2)Frequency
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).
(3)Reports and testimony
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.
(4)Termination of responsibilities
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.
(f)Primary financial regulatory agency Inspector General reviews
(1)Scope
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—
(A)evaluate the effectiveness of the agency or the Board of Governors in carrying out its supervisory responsibilities with respect to the covered financial company;
(B)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;
(C)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
(D)recommend appropriate administrative or legislative action.
(2)Reports and testimony
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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsecs. (d)(1), (2), (4)(B), (5), (e)(1), (2), and (f)(2), was in the original “this title”, meaning title II of Pub. L. 111–203, July 21, 2010, 124 Stat. 1442, which is classified principally to this subchapter. For complete classification of title II to the Code, see Tables. section 5390(n)(14) of this title, referred to in subsec. (d)(1)(C), probably means section 5390(n)(9), because section 5390(n) of this title does not contain a par. (14) and section 5390(n)(9) of this title relates to orderly liquidation plans. Codification Section is comprised of section 211 of Pub. L. 111–203. Subsecs. (a) to (c) of section 211 of Pub. L. 111–203 amended section 4403 of this title and section 1032 of title 18, Crimes and Criminal Procedure.

Amendments

2022—Subsec. (d)(3). Pub. L. 117–286, § 4(b)(36)(A), substituted “section 405(b) of title 5,” for “section 5(a) of the Inspector General Act of 1978 (5 U.S.C. App.),”. Subsec. (e)(3). Pub. L. 117–286, § 4(b)(36)(B), substituted “section 405(b) of title 5,” for “section 5(a) of the Inspector General Act of 1978 (5 U.S.C. App.),”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as a note under section 5301 of this title.

Reference

Citations & Metadata

Citation

12 U.S.C. § 5391

Title 12, Banks and Banking

Last Updated

Sep 23, 2026

Release point: 119-110