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12 USC § 5710 - Oversight and audits

---
identifier: "/us/usc/t12/s5710"
source: "usc"
legal_status: "official_prima_facie"
title: "12 USC § 5710 - Oversight and audits"
title_number: 12
title_name: "BANKS AND BANKING"
section_number: "5710"
section_name: "Oversight and audits"
chapter_number: 54
chapter_name: "STATE SMALL BUSINESS CREDIT INITIATIVE"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 111–240, title III, § 3011, Sept. 27, 2010, 124 Stat. 2581; Pub. L. 113–188, title IX, § 901(d), Nov. 26, 2014, 128 Stat. 2020; Pub. L. 117–2, title III, § 3301(a)(1)(G), Mar. 11, 2021, 135 Stat. 69.)"
---

# § 5710. Oversight and audits

**(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** March 11, 2021

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 , 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 person’s 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** March 11, 2021section 20911 of title 34

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 , 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 ).

**(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.

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**Source Credit**: (Pub. L. 111–240, title III, § 3011, Sept. 27, 2010, 124 Stat. 2581; Pub. L. 113–188, title IX, § 901(d), Nov. 26, 2014, 128 Stat. 2020; Pub. L. 117–2, title III, § 3301(a)(1)(G), Mar. 11, 2021, 135 Stat. 69.)

## Editorial Notes

### Amendments

2021—Subsec. (b).  substituted “” for “” in pars. (1) and (2).

2014—Subsecs. (b) to (d).  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 Amendment

Amendment by  applicable with respect to funds appropriated under  and funds appropriated on and after , see , set out as a note under .