‘‘(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) DIVESTITURE.—During the period in 
which any assistance under this title to any assisted 
institution is outstanding, the institution may not 
own or lease any private passenger aircraft, or have 
any interest in such aircraft, except that such insti-
tution shall not be treated as being in violation of 
this provision with respect to any aircraft or interest 
in any aircraft that was owned or held by the insti-
tution immediately before receiving such assistance, 
as long as the recipient demonstrates to the satisfac-
tion of the Secretary that all reasonable steps are 
being taken to sell or divest such aircraft or interest. 
‘‘(4) 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 on or after the date of the enactment 
of the TARP Reform and Accountability Act of 
2009. 
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‘‘(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 on or after October 3, 2008, and 
any committees of such board of directors, while any as-
sistance 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),’’. 
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 
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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-
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.’’. 
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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 striking para-
graph (1) and inserting the following new paragraph: 
‘‘(1) WARRANTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
not provide any assistance under this title to 
any institution, unless the Secretary, receives 
from the institution— 
‘‘(i) in the case of an institution the 
securities of which are traded on a national 
securities exchange, a warrant giving the 
right to the Secretary to receive nonvoting 
common stock or preferred stock in such 
institution, or voting stock, with respect to 
which the Secretary agrees not to exercise 
voting power, whichever the Secretary de-
termines appropriate; or 
‘‘(ii) in the case of an institution 
other than one described in clause (i), a 
warrant for common or preferred stock, or 
an instrument that is the economic equiva-
lent (as determined by the Secretary) of 
such a warrant in the financial institution 
(in the case of a mutual association), hold-
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ing company of the financial institution, or 
any company that controls a majority 
stake in the financial institution, whichever 
the Secretary determines appropriate. 
‘‘(B) AMOUNT.— 
‘‘(i) IN GENERAL.—The warrants or 
instruments described in subparagraph (A) 
with respect to an assisted institution shall 
have a value equal to 15 percent of the ag-
gregate amount of all assistance provided 
to the institution under this title. Such 
warrants or instruments shall entitle the 
Government to purchase— 
‘‘(I) nonvoting common stock, up 
to a maximum amount of 15 percent 
of the issued and outstanding common 
stock of — 
‘‘(aa) the assisted institu-
tion; or 
‘‘(bb) in the case of an as-
sisted institution, the securities 
of which are not traded on a na-
tional securities exchange, a hold-
ing company or company that 
controls a majority of the stock 
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