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2026-07-06 10:51:44 -04:00

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LegalText 12 U.S.C. § 5710 Oversight and audits us united_states_code code_section 12 BANKS AND BANKING 54 STATE SMALL BUSINESS CREDIT INITIATIVE 5710 12 U.S.C. § 5710 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc12@119-100.zip /us/usc/t12/s5710 data/legal/raw/us/code/title-12/usc12.xml 37ee3079184143fb973b713e59ba92073d79f0efb350d97d80103f6e40790842 e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa a0255ace66172d49c2474d2364b466f8d03c0534e7bb32f0fb2ddda3057eeb29 2026-07-04 official
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12 U.S.C. § 5710 - Oversight and audits

Text

(a) Inspector General oversight The Inspector General of the Department of the Treasury shall conduct, supervise, and coordinate audits and investigations of the use of funds made available under the Program.

(b) Required certification (1) Financial institutions certification With respect to funds received by a participating State under the Program, any financial institution that receives a loan, a loan guarantee, or other financial assistance using such funds after March 11, 2021, shall certify that such institution is in compliance with the requirements of section 103.121 of title 31, Code of Federal Regulations, a regulation that, at a minimum, requires financial institutions, as that term is defined in section 5312(a)(2) and (c)(1)(A) of title 31, to implement reasonable procedures to verify the identity of any person seeking to open an account, to the extent reasonable and practicable, maintain records of the information used to verify the persons identity, and determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the financial institution by any government agency.

(2) Sex offense certification With respect to funds received by a participating State under the Program, any private entity that receives a loan, a loan guarantee, or other financial assistance using such funds after March 11, 2021, shall certify to the participating State that the principals of such entity have not been convicted of a sex offense against a minor (as such terms are defined in section 20911 of title 34).

(c) Prohibition on pornography None of the funds made available under this chapter may be used to pay the salary of any individual engaged in activities related to the Program who has been officially disciplined for violations of subpart G of the Standards of Ethical Conduct for Employees of the Executive Branch for viewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing official Federal Government duties.

(Pub. L. 111240, title III, § 3011, Sept. 27, 2010, 124 Stat. 2581; Pub. L. 113188, title IX, § 901(d), Nov. 26, 2014, 128 Stat. 2020; Pub. L. 1172, title III, § 3301(a)(1)(G), Mar. 11, 2021, 135 Stat. 69.)

Notes

Editorial Notes

Amendments2021—Subsec. (b). Pub. L. 1172 substituted “March 11, 2021” for “September 27, 2010” in pars. (1) and (2). 2014—Subsecs. (b) to (d). Pub. L. 113188 redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “The Comptroller General of the United States shall perform an annual audit of the Program and issue a report to the appropriate committees of Congress containing the results of such audit.”

Statutory Notes and Related Subsidiaries

Effective Date of 2021 AmendmentAmendment by Pub. L. 1172 applicable with respect to funds appropriated under section 3301 of Pub. L. 1172 and funds appropriated on and after Mar. 11, 2021, see section 3301(g) of Pub. L. 1172, set out as a note under section 5701 of this title.