12 USC 5225 - Graduated authorization to purchase

U.S Code last checked for updates: Nov 23, 2024

§ 5225.

Graduated authorization to purchase

(a)

Authority

The authority of the Secretary to purchase troubled assets under this chapter shall be limited as follows:

(1)

Effective upon October 3, 2008, such authority shall be limited to $250,000,000,000 outstanding at any one time.

(2)

If at any time, the President submits to the Congress a written certification that the Secretary needs to exercise the authority under this paragraph, effective upon such submission, such authority shall be limited to $350,000,000,000 outstanding at any one time.

(3)

If, at any time after the certification in paragraph (2) has been made, the President transmits to the Congress a written report detailing the plan of the Secretary to exercise the authority under this paragraph, unless there is enacted, within 15 calendar days of such transmission, a joint resolution described in subsection (c), effective upon the expiration of such 15-day period, such authority shall be limited to $475,000,000,000.

(4)

For purposes of this subsection, the amount of authority considered to be exercised by the Secretary shall not be reduced by—

(A)

any amounts received by the Secretary before, on, or after July 21, 2010, from repayment of the principal of financial assistance by an entity that has received financial assistance under the TARP or any other program enacted by the Secretary under the authorities granted to the Secretary under this chapter;

(B)

any amounts committed for any guarantees pursuant to the TARP that became or become uncommitted; or

(C)

any losses realized by the Secretary.

(5)

No authority under this chapter may be used to incur any obligation for a program or initiative that was not initiated prior to June 25, 2010.

(b)

Aggregation of purchase prices

(c)

Joint resolution of disapproval

(1)

In general

(2)

Contents of joint resolution

For the purpose of this section, the term “joint resolution” means only a joint resolution—

(A)

that is introduced not later than 3 calendar days after the date on which the report of the plan of the Secretary referred to in subsection (a)(3) is received by Congress;

(B)

which does not have a preamble;

(C)

the title of which is as follows: “Joint resolution relating to the disapproval of obligations under the Emergency Economic Stabilization Act of 2008”; and

(D)

the matter after the resolving clause of which is as follows: “That Congress disapproves the obligation of any amount exceeding the amounts obligated as described in paragraphs (1) and (2) of section 115(a) of the Emergency Economic Stabilization Act of 2008.”.

(d)

Fast track consideration in House of Representatives

(1)

Reconvening

(2)

Reporting and discharge

(3)

Proceeding to consideration

(4)

Consideration

(e)

Fast track consideration in Senate

(1)

Reconvening

(2)

Placement on calendar

(3)

Floor consideration

(A)

In general

(B)

Debate

(C)

Vote on passage

(D)

Rulings of the chair on procedure

(f)

Rules relating to Senate and House of Representatives

(1)

If, before the passage by one House of a joint resolution of that House, that House receives from the other House a joint resolution, then the following procedures shall apply:

(A)

The joint resolution of the other House shall not be referred to a committee.

(B)

With respect to a joint resolution of the House receiving the resolution—

(i)

the procedure in that House shall be the same as if no joint resolution had been received from the other House; but

(ii)

the vote on passage shall be on the joint resolution of the other House.

(2)

Treatment of joint resolution of other House

(3)

Treatment of companion measures

(4)

Consideration after passage

(A)

In general

(B)

Vetoes

If the President vetoes the joint resolution—

(i)

the period beginning on the date the President vetoes the joint resolution and ending on the date the Congress receives the veto message with respect to the joint resolution shall be disregarded in computing the 15-calendar day period described in subsection (a)(3), and

(ii)

debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees.

(5)

Rules of House of Representatives and Senate

This subsection and subsections (c), (d), and (e) are enacted by Congress—

(A)

as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and

(B)

with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

(Pub. L. 110–343, div. A, title I, § 115, Oct. 3, 2008, 122 Stat. 3780; Pub. L. 111–22, div. A, title II, § 202(b), title IV, § 402(f), May 20, 2009, 123 Stat. 1643, 1658; Pub. L. 111–203, title XIII, § 1302, July 21, 2010, 124 Stat. 2133.)

cite as: 12 USC 5225