Dodd-Frank Act - Title XI: Federal Reserve System Provisions

The Board shall establish, by regulation, in consultation with the Secretary of the Treasury, the policies and procedures governing emergency lending under this paragraph. Such policies and procedures shall be designed to ensure that any emergency lending program or facility is for the purpose of providing liquidity to the financial system, and not to aid a failing financial company, and that the security for emergency loans is sufficient to protect taxpayers from losses and that any such program is terminated in a timely and orderly fashion. The policies and procedures established by the Board shall require that a Federal reserve bank assign, consistent with sound risk management practices and to ensure protection for the taxpayer, a lendable value to all collateral for a loan executed by a Federal reserve bank .

The Board shall establish procedures to prohibit borrowing from programs and facilities by borrowers that are insolvent. Such procedures may include a certification from the chief executive officer (or other authorized officer) of the borrower, at the time the borrower initially borrows under the program or facility (with a duty by the borrower to update the certification if the information in the certification materially changes), that the borrower is not insolvent.

A borrower shall be considered insolvent, if the borrower is in bankruptcy, resolution under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act, or any other Federal or State insolvency proceeding.

A program or facility that is structured to remove assets from the balance sheet of a single and specific company, or that is established for the purpose of assisting a single and specific company avoid bankruptcy, resolution under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act, or any other Federal or State insolvency proceeding, shall not be considered a program or facility with broad-based eligibility.

The Board may not establish any program or facility under this paragraph without the prior approval of the Secretary of the Treasury.

The Board shall provide to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives:

  • not later than 7 days after the Board authorizes any loan or other financial assistance, a report that includes:

  • the justification for the exercise of authority to provide such assistance

  • the identity of the recipients of such assistance

  • the date and amount of the assistance, and form in which the assistance was provided;

  • the material terms of the assistance, including:

    • duration;
    • collateral pledged and the value thereof
    • all interest, fees, and other revenue or items of value to be received in exchange
    • for the assistance
    • any requirements imposed on the recipient with respect to employee compensation,
    • distribution of dividends, or any other corporate decision in exchange for the assistance;
  • the value of collateral;

  • the amount of interest, fees, and other revenue or items of value received in exchange

  • for the assistance

  • the expected or final cost to the taxpayers of such assistance.

The information required to be submitted to Congress related to:

  • the identity of the participants in an emergency lending program or facility
  • the amounts borrowed by each participant in any such program or facility;
  • identifying details concerning the assets
  • collateral held by, under, or in connection with such a program or facility, shall be kept confidential.

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