IIB 
111TH CONGRESS 
1ST SESSION 
H. R. 384 
IN THE SENATE OF THE UNITED STATES 
JANUARY 22, 2009 
Received; read twice and referred to the Committee on Finance 
AN ACT 
To reform the Troubled Assets Relief Program of the Sec-
retary of the Treasury and ensure accountability under 
such Program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘TARP Reform and Accountability Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—MODIFICATIONS TO TARP AND TARP OVERSIGHT 
Sec. 101. New conditionality for TARP-assisted institutions. 
Sec. 102. Executive compensation and corporate governance. 
Sec. 103. New lending by insured depository institutions that is attributable to 
TARP investments and assistance. 
Sec. 104. Other protections for the taxpayer. 
Sec. 105. Availability of TARP funds to smaller community institutions. 
Sec. 106. Increase in size and authority of Financial Stability Oversight Board. 
Sec. 107. Inclusion of women and minorities. 
Sec. 108. Analysis of use of assistance. 
Sec. 109. Database of use of TARP funds. 
Sec. 110. Clarification. 
Sec. 111. Investment of TARP funds in credit unions taken into account in de-
termination of net worth. 
Sec. 112. Treasury facilitated auction. 
Sec. 113. Broadened Inspector General Authority. 
TITLE II—FORECLOSURE RELIEF 
Sec. 201. TARP foreclosure mitigation plan and implementation. 
Sec. 202. Elements of plan. 
Sec. 203. Program alternatives. 
Sec. 204. Systematic foreclosure prevention and mortgage modification plan es-
tablished. 
Sec. 205. Modification of plan. 
Sec. 206. Servicer safe harbor. 
Sec. 207. Foreclosure moratorium recommendation. 
Sec. 208. Foreclosure prevention for affordable housing. 
Sec. 209. Report by Congressional Oversight Panel. 
Sec. 210. Mortgage modification data collecting and reporting. 
TITLE III—AUTO INDUSTRY FINANCING AND RESTRUCTURING 
Sec. 301. Short title. 
Sec. 302. Direct loan provisions. 
TITLE IV—CLARIFICATION OF AUTHORITY 
Sec. 401. Consumer loans. 
Sec. 402. Municipal securities. 
Sec. 403. Commercial real estate loans. 
Sec. 404. Small business loans. 
Sec. 405. Commercial loans. 
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Sec. 406. Automobile fleet purchase loans. 
Sec. 407. Certification. 
TITLE V—HOPE FOR HOMEOWNERS PROGRAM IMPROVEMENTS 
Sec. 501. Changes to HOPE for Homeowners Program. 
TITLE VI—HOME BUYER STIMULUS 
Sec. 601. Home buyer stimulus program. 
TITLE VII—FDIC PROVISIONS 
Sec. 701. Permanent increase in deposit insurance. 
Sec. 702. Extension of restoration plan period. 
Sec. 703. Borrowing authority. 
Sec. 704. Systemic risk special assessments. 
TITLE VIII—REPORTS ON THE GUARANTEE OF CERTAIN 
CITIGROUP ASSETS 
Sec. 801. Reports required. 
TITLE IX—GAO STUDY OF FINANCIAL CRISIS 
Sec. 901. Study required. 
Sec. 902. Treasury strategy and timeline. 
TITLE X—AGENCY MBS PURCHASE PROGRAM DISCLOSURE 
Sec. 1001. Disclosure required. 
TITLE I—MODIFICATIONS TO 
TARP AND TARP OVERSIGHT 
SEC. 101. NEW CONDITIONALITY FOR TARP-ASSISTED IN-
STITUTIONS. 
(a) IN GENERAL.—Section 113 of the Emergency 
Economic Stabilization Act of 2008 (12 U.S.C. 5223) is 
amended by adding at the end the following new sub-
sections: 
‘‘(e) REPORTING, MONITORING
AND
ACCOUNT-
ABILITY.— 
‘‘(1) PERIODIC PUBLIC REPORTING ON USE OF 
ASSISTANCE.—The Secretary shall require any as-
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sisted institution that became an assisted institution 
on or after October 3, 2008, to publicly report, not 
less than quarterly, on such institution’s use of the 
assistance. Such reporting may be required directly 
for nondepository institutions or through the appro-
priate Federal banking agency, as provided in sec-
tion 103. 
‘‘(2) ADDITIONAL REQUIREMENTS AND COMPLI-
ANCE.—The Secretary— 
‘‘(A) may establish additional reporting 
and information requirements for any direct or 
indirect recipient of any assistance or benefit at 
any time on or after October 3, 2008, that in-
volves the obligation or expenditure, loan, or in-
vestment of funds available to the Secretary 
under this title; and 
‘‘(B) shall establish appropriate mecha-
nisms to ensure appropriate use and compliance 
with all terms of any use of funds made avail-
able under this title. 
‘‘(3) CONSULTATION.—The Secretary shall con-
sult with the appropriate Federal banking agencies 
in establishing the reporting requirements under this 
subsection that are applicable to insured depository 
institutions. 
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‘‘(4) ONLINE PUBLICATION OF PERIODIC RE-
PORTS.—The Secretary shall make publicly available 
on the Internet each report made in accordance with 
paragraph (1). 
‘‘(5) USE OF 2008 ASSISTANCE.— 
‘‘(A) COLLECTION OF INFORMATION.—Ef-
fective upon enactment of this paragraph, The 
Secretary shall require any assisted institution 
which received assistance under this title before 
January 1, 2009, to provide sufficient informa-
tion with regard to such assistance as to inform 
the Secretary of the precise use of such assist-
ance by the institution and the purpose for the 
use. 
‘‘(B) ANALYSIS.—The Secretary shall con-
duct an analysis of the use of the assistance for 
which information was received under subpara-
graph (A). 
‘‘(C) REPORT TO THE CONGRESS.—Within 
30 days after the enactment of this paragraph, 
the Secretary shall promptly submit a report 
containing the findings and conclusion of the 
Secretary on the use of the assistance referred 
to in subparagraph (A), together with such rec-
ommendations for legislative or administrative 
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action as the Secretary may determine to be ap-
propriate, to the Committee on Financial Serv-
ices of the House of Representatives, the Com-
mittee on Banking, Housing, and Urban Affairs 
of the Senate, and the Committees on Appro-
priations of the House of Representatives and 
the Senate. 
‘‘(f) USE
AND
ACCOUNTABILITY
FOR
USE
OF 
FUNDS.— 
‘‘(1) INSURED DEPOSITORY INSTITUTION.— 
‘‘(A) INVESTMENT
IN
OR
OTHER
INJEC-
TION OF FUNDS INTO A DEPOSITORY INSTITU-
TION.—Except as provided in section 105, as a 
condition for the provision of any investment in 
the capital or assets of, or any other provision 
of assistance to or for the benefit of, any in-
sured depository institution made after the date 
of the enactment of the TARP Reform and Ac-
countability Act of 2009, the Secretary shall in-
corporate into the agreement for such invest-
ment or assistance an agreement between the 
depository institution and the appropriate Fed-
eral banking agency with respect to such insti-
tution on the manner in which the funds are to 
be used and benchmarks that the institution is 
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