---
kind: "section"
citation: "12 U.S.C. § 5213"
title: "12"
title_heading: "Banks and Banking"
number: "5213"
heading: "Considerations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/5213"
units:
  - "Chapter 52 — Emergency Economic Stabilization"
  - "Subchapter I — Troubled Assets Relief Program"
---

# §5213. Considerations


In exercising the authorities granted in this chapter, the [Secretary](/usc/12/5202.md?p=7) shall take into consideration—

- (1) protecting the interests of taxpayers by maximizing overall returns and minimizing the impact on the national debt;
- (2) providing stability and preventing disruption to financial markets in order to limit the impact on the economy and protect American jobs, savings, and retirement security;
- (3) the need to help families keep their homes and to stabilize communities;
- (4) in determining whether to engage in a direct purchase from an individual [financial institution](/usc/12/5202.md?p=5), the long-term viability of the [financial institution](/usc/12/5202.md?p=5) in determining whether the purchase represents the most efficient use of [funds](/usc/12/5202.md?p=6) under this chapter;
- (5) ensuring that all [financial institutions](/usc/12/5202.md?p=5) are eligible to participate in the program, without discrimination based on size, geography, form of organization, or the size, type, and number of assets eligible for purchase under this chapter;
- (6) providing financial assistance to [financial institutions](/usc/12/5202.md?p=5), including those serving low- and moderate-income populations and other underserved communities, and that have assets less than $1,000,000,000, that were well or adequately capitalized as of June 30, 2008, and that as a result of the devaluation of the preferred government-sponsored enterprises stock will drop one or more capital levels, in a manner sufficient to restore the [financial institutions](/usc/12/5202.md?p=5) to at least an adequately capitalized level;
- (7) the need to ensure stability for United States public instrumentalities, such as counties and cities, that may have suffered significant increased costs or losses in the current market turmoil;
- (8) protecting the retirement security of Americans by purchasing [troubled assets](/usc/12/5202.md?p=9) held by or on behalf of an eligible retirement plan described in clause (iii), (iv), (v), or (vi) of [section 402(c)(8)(B) of title 26](/usc/26/402.md?p=c-8-B), except that such authority shall not extend to any compensation arrangements subject to [section 409A](/usc/26/409A.md) of such title; and
- (9) the utility of purchasing other [real estate](/usc/12/1707.md?p=g) owned and instruments backed by [mortgages](/usc/12/1707.md?p=a) on multifamily properties.

## Source credit

(Pub. L. 110–343, div. A, title I, § 103, Oct. 3, 2008, 122 Stat. 3770.)

## Notes

### 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, Oct. 3, 2008, 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.