[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 383 Enrolled Bill (ENR)]
S.383
One Hundred Eleventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and nine
An Act
To amend the Emergency Economic Stabilization Act of 2008 (division A of
Public Law 110-343) to provide the Special Inspector General with
additional authorities and responsibilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Inspector General for the
Troubled Asset Relief Program Act of 2009''.
SEC. 2. AUDIT AND INVESTIGATION AUTHORITIES.
Section 121 of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended--
(1) in subsection (c), by adding at the end the following:
``(4)(A) Except as provided under subparagraph (B) and in
addition to the duties specified in paragraphs (1), (2), and (3),
the Special Inspector General shall have the authority to conduct,
supervise, and coordinate an audit or investigation of any action
taken under this title as the Special Inspector General determines
appropriate.
``(B) Subparagraph (A) shall not apply to any action taken
under section 115, 116, 117, or 125.''; and
(2) in subsection (d)--
(A) in paragraph (2), by striking ``subsection (c)(1)'' and
inserting ``subsection (c)(1) and (4)''; and
(B) by adding at the end the following:
``(3) The Office of the Special Inspector General for the
Troubled Asset Relief Program shall be treated as an office
included under section 6(e)(3) of the Inspector General Act of 1978
(5 U.S.C. App.) relating to the exemption from the initial
determination of eligibility by the Attorney General.''.
SEC. 3. PERSONNEL AUTHORITIES.
Section 121(e) of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' after ``(1)''; and
(B) by adding at the end the following:
``(B)(i) Subject to clause (ii), the Special Inspector General may
exercise the authorities of subsections (b) through (i) of section 3161
of title 5, United States Code (without regard to subsection (a) of
that section).
``(ii) In exercising the employment authorities under subsection
(b) of section 3161 of title 5, United States Code, as provided under
clause (i) of this subparagraph--
``(I) the Special Inspector General may not make any
appointment on and after the date occurring 6 months after the date
of enactment of the Special Inspector General for the Troubled
Asset Relief Program Act of 2009;
``(II) paragraph (2) of that subsection (relating to periods of
appointments) shall not apply; and
``(III) no period of appointment may exceed the date on which
the Office of the Special Inspector General terminates under
subsection (k).''; and
(2) by adding at the end the following:
``(5)(A) Except as provided under subparagraph (B), if an annuitant
receiving an annuity from the Civil Service Retirement and Disability
Fund becomes employed in a position within the Office of the Special
Inspector General for the Troubled Asset Relief Program, his annuity
shall continue. An annuitant so reemployed shall not be considered an
employee for purposes of chapter 83 or 84.
``(B) Subparagraph (A) shall apply to--
``(i) not more than 25 employees at any time as designated by
the Special Inspector General; and
``(ii) pay periods beginning after the date of enactment of the
Special Inspector General for the Troubled Asset Relief Program Act
of 2009.''.
SEC. 4. RESPONSE TO AUDITS AND COOPERATION AND COORDINATION WITH OTHER
ENTITIES.
Section 121 of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended--
(1) by redesignating subsections (f), (g), and (h) as
subsections (i), (j), and (k), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Corrective Responses to Audit Problems.--The Secretary
shall--
``(1) take action to address deficiencies identified by a report or
investigation of the Special Inspector General or other auditor engaged
by the TARP; or
``(2) certify to appropriate committees of Congress that no action
is necessary or appropriate.
``(g) Cooperation and Coordination With Other Entities.--In
carrying out the duties, responsibilities, and authorities of the
Special Inspector General under this section, the Special Inspector
General shall work with each of the following entities, with a view
toward avoiding duplication of effort and ensuring comprehensive
oversight of the Troubled Asset Relief Program through effective
cooperation and coordination:
``(1) The Inspector General of the Department of Treasury.
``(2) The Inspector General of the Federal Deposit Insurance
Corporation.
``(3) The Inspector General of the Securities and Exchange
Commission.
``(4) The Inspector General of the Federal Reserve Board.
``(5) The Inspector General of the Federal Housing Finance
Board.
``(6) The Inspector General of any other entity as appropriate.
``(h) Council of the Inspectors General on Integrity and
Efficiency.--The Special Inspector General shall be a member of the
Council of the Inspectors General on Integrity and Efficiency
established under section 11 of the Inspector General Act of 1978 (5
U.S.C. App.) until the date of termination of the Office of the Special
Inspector General for the Troubled Asset Relief Program.''.
SEC. 5. REPORTING REQUIREMENTS.
Section 121(i) of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343), as redesignated by this Act, is
amended--
(1) in paragraph (1), by striking the first sentence and
inserting ``Not later than 60 days after the confirmation of the
Special Inspector General, and not later than 30 days following the
end of each fiscal quarter, the Special Inspector General shall
submit to the appropriate committees of Congress a report
summarizing the activities of the Special Inspector General during
that fiscal quarter.'';
(2) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (4), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Not later than September 1, 2009, the Special Inspector
General shall submit a report to Congress assessing use of any funds,
to the extent practical, received by a financial institution under the
TARP and make the report available to the public, including posting the
report on the home page of the website of the Special Inspector General
within 24 hours after the submission of the report.''; and
(4) by adding at the end the following:
``(5) Except as provided under paragraph (3), all reports submitted
under this subsection shall be available to the public.''.
SEC. 6. FUNDING OF THE OFFICE OF THE SPECIAL INSPECTOR GENERAL.
Section 121(j)(1) of the Emergency Economic Stabilization Act of
2008 (division A of Public Law 110-343), as redesignated by this Act,
is amended by inserting before the period at the end the following: ``,
not later than 7 days after the date of enactment of the Special
Inspector General for the Troubled Asset Relief Program Act of 2009''.
SEC. 7. COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY.
The Special Inspector General for Iraq Reconstruction and the
Special Inspector General for Afghanistan Reconstruction shall be a
members of the Council of the Inspectors General on Integrity and
Efficiency established under section 11 of the Inspector General Act of
1978 (5 U.S.C. App.) until the date of termination of the Office of the
Special Inspector General for Iraq Reconstruction and the Office of the
Special Inspector General for Afghanistan Reconstruction, respectively.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.