The public comment period for this legislation has now ended.

TITLE I - Authorizing the Treasury Department to Buy Mortgage-Related Assets

Sec. 15. Annual financial reports and audits. (4 Comments) subscribe to the comments feed

  1. COMPTROLLER GENERAL AUDITS.

    1. IN GENERAL.The Secretary shall annually prepare and submit to the Congress, and make available to the public, audited financial statements prepared in accordance with generally accepted accounting principles, such statements to be audited annually by the Comptroller General, in accordance with generally accepted government auditing standards. The Comptroller General shall annually issue an advisory opinion on the adequacy of the internal financial controls of the office established under section 2 (in this section referred to as the "office"). The Secretary shall reimburse the Government Accountability Office for the full cost of any such audit as billed therefor by the Comptroller General.

    2. SCOPE OF AUTHORITY.The Comptroller General may audit the programs, activities, receipts, expenditures, and financial transactions of the office, and any contractor or agent of the office with respect to any contract with or service performed for the office or the Secretary in carrying out this Act.

    3. PROFESSIONAL SERVICES.For the purpose of conducting an audit under this subsection, the Comptroller General is authorized in the discretion of the Comptroller General, to employ by contract without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C. 5), professional services of firms and organizations of certified public accountants for temporary periods or for special purposes.

  2. COMPTROLLER GENERAL ACCESS.In order to conduct audits under subsection (a), representatives of the Comptroller General shall have access, upon request, to any information, data, schedules, books, accounts, financial records, reports, files, or other papers, things, or property belonging to or in use by the office or the Secretary, and to the employees, accountants, financial advisors, and other agents thereof, all at such reasonable times as the representatives of the Comptroller General may request. The representatives of the Comptroller General shall be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. The representatives of the Comptroller General may make and retain copies of such books, accounts, and other records as they deem appropriate.

  3. CORRECTIVE RESPONSES TO AUDIT PROBLEMS.The Secretary and the office shall

    1. take action to address deficiencies identified by the Comptroller General, any other auditor engaged by the office, and any audit committee; or

    2. certify that no action is necessary or appropriate.

  4. INTERNAL CONTROLS.

    1. SYSTEM.The office shall establish and maintain an effective system of internal controls, consistent with the standards prescribed under section 3512(c) of title 31, United States Code, that provides reasonable assurance over

      1. the effectiveness and efficiency of operations, including the use of office resources;

      2. the reliability of financial reporting, including financial statements and other reports for internal and external use; and

      3. compliance with applicable laws and regulations.

    2. ANNUAL STATEMENTS.In conjunction with each annual financial statement issued under subsection (a), the office shall

      1. state the responsibility of management for establishing and maintaining adequate internal control over financial reporting; and

      2. state its assessment, as of the end of the most recent year covered by such financial statement of the Office, of the effectiveness of the internal control over financial reporting.

4 comments on Sec. 15. Annual financial reports and audits.

  • Under item c., some agency or other body should review the Secretary's corrective actions or determinations not to take action and make further determination as to propriety of the decisions. Further, the content and justification for these actions and decisions should be made available for review by the general public.

    posted by Sam (private citizen) at September 22, 2008
  • There should be regulatory reform as part of this bill to address the lack of visibility into the public banks/corporations. The following measures would require proper disclosure prior to buying of their assets.
    - Level 3 assets must be disclosed, and any mark-to-model or illiquid assets should be clearly labeled as what they are so the investors can determine their value.
    - One other point is the maximum leverage that can be used by these companies must be limited and enforced.

    The stigma of a company selling assets to the gov for exchange of shares would be detrimental to both parties, so the disclosure is to increase confidence that all bad assets have been divulged and accounted.

    posted by Concerned Citizen at September 23, 2008
  • Something should state that these are all accessible by US citizens online - with no charge, as almost all government information should be. (Exclusive of military and intelligence info).

    posted by Mark Mecum at September 26, 2008
  • An annual report?

    This thing should only run for one year!

    Oh, I get it, your creating another bureaucracy, another program with no oversight, no time limit, and no accountability.

    Could I apply for the position of Secretary?

    posted by Craig Bryant, Citizen at September 28, 2008
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