Title 12 — Banks and Banking
Chapter 52 — Emergency Economic Stabilization
§ 5216. Rights; management; sale of troubled assets; revenues and sale proceeds
Statutory text
Exercise of rights
The Secretary may, at any time, exercise any rights received in connection with troubled assets purchased under this chapter.
Management of troubled assets
The Secretary shall have authority to manage troubled assets purchased under this chapter, including revenues and portfolio risks therefrom.
Sale of troubled assets
The Secretary may, at any time, upon terms and conditions and at a price determined by the Secretary, sell, or enter into securities loans, repurchase transactions, or other financial transactions in regard to, any troubled asset purchased under this chapter.
Transfer to Treasury
Revenues of, and proceeds from the sale of troubled assets purchased under this chapter, or from the sale, exercise, or surrender of warrants or senior debt instruments acquired under section 5223 of this title shall be paid into the general fund of the Treasury for reduction of the public debt.
Application of sunset to troubled assets
The authority of the Secretary to hold any troubled asset purchased under this chapter before the termination date in section 5230 of this title, or to purchase or fund the purchase of a troubled asset under a commitment entered into before the termination date in section 5230 of this title, is not subject to the provisions of section 5230 of this title.
Report
The Secretary of the Treasury shall report to Congress every 6 months on amounts received and transferred to the general fund under subsection (d).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Emergency Economic Stabilization Act of 2008
Pub. L. 110–343 div. A title I § 106 · 122 Stat. 3765
Enacted · 12 U.S.C. § 5216
Pub. L. 110–343, div. A, title I, § 106, Oct. 3, 2008, 122 Stat. 3773
Source evidence
Code source credit
Pub. L. 110–343, div. A, title I, § 106, Oct. 3, 2008, 122 Stat. 3773Enacted provision · exact public law section
SEC. 106. RIGHTS; MANAGEMENT; SALE OF TROUBLED ASSETS; REVENUES AND SALE PROCEEDS. (a) Exercise of Rights.— The Secretary may, at any time, exercise any rights received in connection with troubled assets purchased under this Act. (b) Management of Troubled Assets.— The Secretary shall have authority to manage troubled assets purchased under this Act, including revenues and portfolio risks therefrom. (c) Sale of Troubled Assets.— The Secretary may, at any time, upon terms and conditions and at a price determined by the Secretary, sell, or enter into securities loans, repurchase transactions, or other financial transactions in regard to, any troubled asset purchased under this Act. (d) Transfer to Treasury.— Revenues of, and proceeds from the sale of troubled assets purchased under this Act, or from the sale, exercise, or surrender of warrants or senior debt instruments acquired under section 113 shall be paid into the general fund of the Treasury for reduction of the public debt. (e) Application of Sunset to Troubled Assets.— The authority of the Secretary to hold any troubled asset purchased under this Act before the termination date in section 120, or to purchase or fund the purchase of a troubled asset under a commitment entered into before the termination date in section 120, is not subject to the provisions of section 120.Pay It Back Act
Pub. L. 111–203 title XIII § 1303 · 124 Stat. 1376
Added · 12 U.S.C. § 5216(f)
Pub. L. 111–203 added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 111–203 added subsec. (f).Enacted provision · exact public law section
SEC. 1303. REPORT. Section 106 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5216) is amended by inserting at the end the following: “(f) Report.— The Secretary of the Treasury shall report to Congress every 6 months on amounts received and transferred to the general fund under subsection (d).” .Effective date note
Amendment by Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an Effective Date note under section 5301 of this title.
2 of 2 references resolved to an enrolled provision
Editorial Notes
References in Text
This chapter, referred to in text, was in the original “this Act” and was translated as reading “this division”, meaning div. A of Pub. L. 110–343, , 122 Stat. 3765, known as the Emergency Economic Stabilization Act of 2008, to reflect the probable intent of Congress. For complete classification of division A to the Code, see Short Title note set out under section 5201 of this title and Tables.
Amendments
2010—Subsec. (f). Pub. L. 111–203 added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by Pub. L. 111–203 effective 1 day after , except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an Effective Date note under section 5301 of this title.
Credits
2008–2010 · 2 acts
- 2008Pub. L. 110–343, div. A, title I, § 106, , 122 Stat. 3773
- 2010Pub. L. 111–203, title XIII, § 1303, , 124 Stat. 2133.
Show as published
(Pub. L. 110–343, div. A, title I, § 106, , 122 Stat. 3773; Pub. L. 111–203, title XIII, § 1303, , 124 Stat. 2133.)