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banking agency’ and ‘appropriate Federal banking 
agency’ have the same meanings as in section 3 of 
the Federal Deposit Insurance Act. 
‘‘(11) ASSISTED INSTITUTION.—The terms ‘as-
sisted institution’ or ‘assisted insured depository in-
stitution’ mean any such institution that receives, di-
rectly or indirectly, any assistance or benefit that in-
volves the obligation or expenditure, loan, or invest-
ment of funds available to the Secretary under title 
I.’’. 
SEC. 102. EXECUTIVE COMPENSATION AND CORPORATE 
GOVERNANCE. 
(a) IN GENERAL.—Section 111 of the Emergency 
Economic Stabilization Act of 2008 (12 U.S.C. 5221) is 
amended by adding at the end the following new sub-
sections: 
‘‘(e) ACROSS-THE-BOARD EXECUTIVE COMPENSA-
TION AND CORPORATE GOVERNANCE REQUIREMENTS.— 
‘‘(1) STANDARDS REQUIRED.—Notwithstanding 
any provision of, and in addition to any requirement 
of subsection (a), (b), or (c) (other than the defini-
tions in subsection (b)(3)), the Secretary shall re-
quire any institution that became an assisted institu-
tion after the date of the enactment of the TARP 
Reform and Accountability Act of 2009 to meet 
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standards for executive compensation and corporate 
governance while any assistance under this title is 
outstanding. 
‘‘(2) SPECIFIC REQUIREMENTS.—The standards 
established under paragraph (1) shall include— 
‘‘(A) limits on compensation that exclude 
incentives for senior executive officers of such 
institution to take unnecessary and excessive 
risks that threaten the value of such institution 
during the period that any assistance under this 
title is outstanding; 
‘‘(B) a provision for the recovery by such 
institution of any bonus or incentive compensa-
tion paid to a senior executive officer based on 
statements of earnings, gains, or other criteria 
that are later found to be materially inaccurate; 
‘‘(C) a prohibition on such institution mak-
ing any golden parachute payment to a senior 
executive officer during the period that the as-
sistance under this title is outstanding; 
‘‘(D) a prohibition on such institution pay-
ing or accruing any bonus or incentive com-
pensation, during the period that the assistance 
under this title is outstanding, to the 25 most 
highly-compensated employees; and 
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‘‘(E) a prohibition on any compensation 
plan that would encourage manipulation of such 
institution’s reported earnings to enhance the 
compensation of any of its employees. 
‘‘(3) APPLICABILITY TO PRIOR ASSISTANCE.— 
Notwithstanding any limitations included in sub-
section (a), (b), or (c) with regard to applicability, 
the Secretary may apply the requirements of and the 
standards established under this subsection to any 
assisted institution that received any assistance 
under this title before the date of the enactment of 
the TARP Reform and Accountability Act of 2009. 
‘‘(f) BOARD OBSERVER.—The Secretary may require 
the attendance of an observer delegated by the Secretary, 
on behalf of the Secretary, to attend the meetings of the 
board of directors of any assisted institution that became 
an assisted institution before October 3, 2008, and any 
committees of such board of directors, while any assist-
ance under this title is outstanding.’’. 
(b) REPEAL OF DE MINIMIS EXCEPTION.—Section 
111(c) of the Emergency Economic Stabilization Act of 
2008 (12 U.S.C. 5221(c)) is amended by striking ‘‘and 
only where such purchases per financial institution in the 
aggregate exceed $300,000,000 (including direct pur-
chases),’’. 
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SEC. 103. NEW LENDING BY INSURED DEPOSITORY INSTI-
TUTIONS THAT IS ATTRIBUTABLE TO TARP 
INVESTMENTS AND ASSISTANCE. 
Section 7(a) of the Federal Deposit Insurance Act 
(U.S.C. 1817(a)) is amended by adding at the end the 
following new paragraph: 
‘‘(12) LENDING INCREASES ATTRIBUTABLE TO 
INVESTMENT
OR
OTHER
ASSISTANCE
UNDER
THE 
TROUBLED ASSETS RELIEF PROGRAM.— 
‘‘(A) IN GENERAL.—Each report of condi-
tion filed pursuant to this subsection by an in-
sured depository institution which received an 
investment or other assistance under the Trou-
bled Assets Relief Program established by the 
Emergency Economic Stabilization Act of 2008 
or section 136(d) of the Energy Independence 
and Security Act of 2007 shall report the 
amount of any increase in new lending in the 
period covered by such report (or the amount of 
any reduction in any decrease in new lending) 
that is attributable to such investment or as-
sistance, to the extent possible. 
‘‘(B) ALTERNATIVE MEASURE.—If an in-
sured depository institution that is subject to 
subparagraph (A) cannot accurately quantify 
the effect that an investment or other assist-
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ance under such Troubled Assets Relief Pro-
gram has had on new lending by the institution, 
the insured depository institution shall report 
the total amount of the increase in new lending, 
if any, in the period covered by such report. 
‘‘(C) DESIGNATION
OF
REPORTING
RE-
QUIREMENT.—The Federal banking agencies 
and the Secretary of the Treasury shall specify 
the form, content, and manner of reports re-
quired under this paragraph, and shall require 
such reports to be provided to the appropriate 
State bank supervisor (as defined in section 3 
of the Federal Deposit Insurance Act).’’. 
SEC. 104. OTHER PROTECTIONS FOR THE TAXPAYER. 
(a) WARRANT REQUIREMENTS.—Subsection (d) of 
section 113 of the Emergency Economic Stabilization Act 
of 2008 (12 U.S.C. 5223(d)) is amended by adding at the 
end the following new paragraph: 
‘‘(4) AMOUNT.—For assistance provided after 
the date of the enactment of the TARP Reform and 
Accountability Act of 2009, and except as provided 
in title III of such Act, the warrants or instruments 
described in this section shall have a value at least 
equal to 15 percent of the aggregate amount of such 
assistance.’’. 
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