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S. 386 111th Congress Senate

FERA

Official title: An Act to improve enforcement of mortgage fraud, securities and commodities fraud, financial institution fraud, and other frauds related to Federal assistance … Show full official titleShow less

Official title: An Act to improve enforcement of mortgage fraud, securities and commodities fraud, financial institution fraud, and other frauds related to Federal assistance and relief programs, for the recovery of funds lost to these frauds, and for other purposes.

Introduced: April 27, 2009 See on congress.gov
Crime and Law Enforcement Civil actions and liabilityCommodities marketsCongressional oversightCriminal investigation, prosecution, interrogation
More subjectsShow fewer subjects
CurrencyDepartment of Housing and Urban DevelopmentDepartment of JusticeExecutive agency funding and structureFinancial crises and stabilizationFraud offenses and financial crimesGovernment studies and investigationsHousing finance and home ownershipPostal serviceSecuritiesTax administration and collection, taxpayers
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 Everywhere this bill has been 46 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
May 20, 2009
Became Public Law No: 111-21.
May 20, 2009
Signed by President.
May 19, 2009
Cleared for White House.
May 19, 2009
Presented to President.
May 18, 2009
Motion to reconsider laid on the table Agreed to without objection.
May 18, 2009
On motion that the House suspend the rules and agree to the Senate amendment to the House amendments Agreed to by the Yeas and Nays: (2/3 required): 338 - 52 (Roll no. 268). (text as House agreed to Senate amendment: CR H5686)
May 18, 2009
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Burgess objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn. (consideration: CR H5688)
May 18, 2009
DEBATE - The House proceeded with forty minutes of debate on S. 386.
May 18, 2009
Mr. Scott (VA) moved that the House suspend the rules and agree to the Senate amendment to the House amendments. (consideration: CR H5686-5688, S5689)
May 15, 2009
Message on Senate action sent to the House.
May 14, 2009
Senate concurred in the House amendment to the title by Unanimous Consent.
May 14, 2009
Resolving differences -- Senate actions: Senate concurred in the House amendment to the title by Unanimous Consent.
May 14, 2009
Senate concurred in House amendment with an amendment (SA 1128) by Unanimous Consent. (consideration: CR S5494-5495)
May 14, 2009
Resolving differences -- Senate actions: Senate concurred in House amendment with an amendment (SA 1128) by Unanimous Consent.(consideration: CR S5494-5495)
May 6, 2009
Message on House action received in Senate and at desk: House amendments to Senate bill.
May 6, 2009
The title of the measure was amended. Agreed to without objection.
May 6, 2009
Motion to reconsider laid on the table Agreed to without objection.
May 6, 2009
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 367 - 59, 1 Present (Roll no. 235). (text: CR H5260-5264)
May 6, 2009
Considered as unfinished business. (consideration: CR H5271-5272)
May 6, 2009
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
May 6, 2009
DEBATE - The House proceeded with forty minutes of debate on S. 386.
May 6, 2009
Considered under suspension of the rules. (consideration: CR H5260-5270)
May 6, 2009
Mr. Scott (VA) moved to suspend the rules and pass the bill, as amended.
Apr 28, 2009
Held at the desk.
Apr 28, 2009
Message on Senate action sent to the House.
Apr 28, 2009
Received in the House.
Apr 28, 2009
Passed Senate with an amendment by Yea-Nay Vote. 92 - 4. Record Vote Number: 171. (text: CR S4777-4781)
Apr 28, 2009
Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 92 - 4. Record Vote Number: 171.(text: CR S4777-4781)
Apr 28, 2009
Considered by Senate. (consideration: CR S4774-4781)
Apr 27, 2009
The committee substitute as amended agreed to by Unanimous Consent Vote. (consideration: CR S4740)
Apr 27, 2009
Point of order raised against pending amendments en bloc.
Apr 27, 2009
Cloture on the committee substitute amendment invoked in Senate by Yea-Nay Vote. 84 - 4. Record Vote Number: 170. (consideration: CR S4740; text: CR S4740)
Apr 27, 2009
Considered by Senate. (consideration: CR S4735-4738, S4738-4741)
Apr 23, 2009
Cloture motion on the committee substitute amendment presented in Senate. (consideration: CR S4657; text: CR S4657)
Apr 23, 2009
Considered by Senate. (consideration: CR S4704-4641, S4657)
Apr 22, 2009
Measure laid before Senate by unanimous consent. (consideration: CR S4531-4561; text of measure as reported in Senate: CR S4531-4532)
Apr 21, 2009
Cloture motion on the motion to proceed to the measure withdrawn by unanimous consent in Senate. (consideration: CR S4498)
Apr 20, 2009
Motion to proceed to measure considered in Senate. (consideration: CR S4408-4426)
Apr 3, 2009
Cloture motion on the motion to proceed to the measure presented in Senate. (consideration: CR 4/02/2009 S4399; text: CR 4/02/2009 S4399)
Mar 23, 2009
By Senator Leahy from Committee on the Judiciary filed written report. Report No. 111-10.
Mar 5, 2009
Placed on Senate Legislative Calendar under General Orders. Calendar No. 28.
Mar 5, 2009
Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
Mar 5, 2009
Committee on the Judiciary. Ordered to be reported with an amendment favorably.
Feb 5, 2009
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1682-1684)
Feb 5, 2009
Sponsor introductory remarks on measure. (CR S1681-1682)
Feb 5, 2009
Introduced in Senate
 Votes taken on this bill 4
DateChamberWhat was voted onResultYes–No
May 18, 2009 House · vote #268 Suspend Rules and Agree to S Adt to House Adts Passed 338–52 See who voted →
May 6, 2009 House · vote #235 On Motion to Suspend the Rules and Pass, as Amended Passed 367–59 See who voted →
Apr 28, 2009 Senate · vote #171 On Passage of the Bill S. 386 Passed 92–4 See who voted →
Apr 27, 2009 Senate · vote #170 On the Cloture Motion S. 386 Agreed To 84–4 See who voted →
 Amendments to this bill 33

Amendments propose changes to this bill. Members vote on amendments separately before the final bill vote. An agreed amendment becomes part of the bill; a failed amendment does not.

6 agreed to 1 failed 14 with no recorded outcome 12 withdrawn or other

AmendmentSponsorPurposeStatusLatest action
SAMDT 1,128 McConnell, Mitch To modify the provision relating to the issuance of subpoenas. Agreed to May 14, 2009
SAMDT 1,007 – To prohibit the Department of Labor from expending Federal funds to withdraw a rule pertaining to the filing … Ruled out of order Apr 27, 2009
SAMDT 1,004 – To impose certain requirements on public-private investment fund programs, and for other purposes. Ruled out of order Apr 27, 2009
SAMDT 1,003 – To impose certain requirements on public-private investment fund programs, and for other purposes. Ruled out of order Apr 27, 2009
SAMDT 1,002 Thune, John To require the Secretary of the Treasury to use any amounts repaid by a financial institution that is a recip… Ruled out of order Apr 27, 2009
SAMDT 1,000 – To authorize monies for the Special Inspector General for the Troubled Asset Relief Program to audit and inve… Ruled out of order Apr 27, 2009
SAMDT 996 – To amend title 4, United States Code, to declare English as the national language of the Government of the Un… Ruled out of order Apr 27, 2009
SAMDT 994 – To prohibit the use of Troubled Asset Relief Program funds for the purchase of common stock, and for other pu… Ruled out of order Apr 27, 2009
SAMDT 991 – To authorize and remove impediments to the repayment of funds received under the Troubled Asset Relief Progra… Ruled out of order Apr 27, 2009
SAMDT 990 – To protect older Americans from misleading and fraudulent marketing practices, with the goal of increasing re… Ruled out of order Apr 27, 2009
SAMDT 984 – To increase funding for certain HUD programs to assist individuals to better withstand the current mortgage c… Ruled out of order Apr 27, 2009
SAMDT 983 – To require the Inspector General of the Federal Housing Finance Agency to investigate and report on the activ… Ruled out of order Apr 27, 2009
SAMDT 982 – To authorize the use of TARP funds to cover the costs of the bill. Ruled out of order Apr 27, 2009
SAMDT 1,006 Schumer, Charles E. To provide additional funding to the SEC to use in enforcement proceedings. Agreed to Apr 23, 2009
SAMDT 986 – To limit the amount that may be deducted from proceeds due to the United States under the False Claims Act fo… Failed Apr 23, 2009
SAMDT 999 – To establish a select committee of the Senate to make a thorough and complete study and investigation of the … Agreed to Apr 22, 2009
SAMDT 995 – To establish the Financial Markets Commission, and for other purposes. Agreed to Apr 22, 2009
SAMDT 993 – To clarify the amendments relating to major fraud. Agreed to Apr 22, 2009
SAMDT 985 – To modify the definition of the term "obligation". Agreed to Apr 22, 2009
SAMDT 1,013 Schumer, Charles E. – No recorded outcome –
SAMDT 1,012 – – No recorded outcome –
SAMDT 1,011 – – No recorded outcome –
SAMDT 1,010 – – No recorded outcome –
SAMDT 1,009 – – No recorded outcome –
SAMDT 1,008 – – No recorded outcome –
SAMDT 1,005 – – No recorded outcome –
SAMDT 1,001 – – No recorded outcome –
SAMDT 998 Schumer, Charles E. – No recorded outcome –
SAMDT 997 – – No recorded outcome –
SAMDT 992 – – No recorded outcome –
SAMDT 989 – – No recorded outcome –
SAMDT 988 – – No recorded outcome –
SAMDT 987 – – No recorded outcome –
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 Latest action May 20, 2009

Became Public Law No: 111-21.

 Plain-English summary Congressional Research Service

Fraud Enforcement and Recovery Act of 2009 or FERA - (Sec. 2) Amends the federal criminal code to include within the definition of "financial institution" a mortgage lending business or any person or entity that makes, in whole or in part, a federally related mortgage loan. Defines "mortgage lending business" as an organization that finances or refinances any debt secured by an interest in real estate, including private mortgage companies and their subsidiaries, and whose activities affect interstate or foreign commerce.

Extends the prohibition against making false statements in a mortgage application to employees and agents of a mortgage lending business.

Applies the prohibition against defrauding the federal government to fraudulent activities involving the Troubled Asset Relief Program (TARP) or a federal economic stimulus, recovery, or rescue plan.

Expands securities fraud provisions to cover fraud involving options and futures in commodities.

Expands the concept of monetary proceeds, for purposes of enforcing prohibitions against money laundering, to include gross receipts.

Expresses the sense of Congress with respect to the prosecution of money laundering crimes in combination with other closely-connected offenses. Requires the Attorney General to report to the House and Senate Judiciary Committees on such prosecutions.

(Sec. 3) Authorizes appropriations to the Attorney General for FY2010-FY2011 for investigations, prosecutions, and civil and administrative proceedings involving federal assistance programs and financial institutions. Allocates such funds among various departments of the Department of Justice (DOJ). Requires that an appropriate percentage of such funds be used to investigate mortgage fraud.

Authorizes additional appropriations to the U.S. Postal Service, the Inspector General for the Department of Housing and Urban Development (HUD), the U.S. Secret Service, and the Securities and Exchange Commission (SEC), including the Office of Inspector General, in FY2010-FY2011 for similar investigations.

Requires the Attorney General, in consultation with the U.S. Postal Inspection Service, the Inspector General for HUD, the Secretary of Homeland Security, and the SEC Commissioner [sic], to submit a report to Congress identifying: (1) amounts spent for investigations, with a certification of compliance that funds have been spent in accordance with this Act; and (2) amounts recovered from criminal or civil restitution, fines, penalties, and other monetary recoveries.

(Sec. 4) Amends the False Claims Act to: (1) expand liability under such Act for making false or fraudulent claims to the federal government; and (2) apply liability under such Act for presenting a false or fraudulent claim for payment or approval (currently limited to such a claim presented to an officer or employee of the federal government). Requires persons who violate such Act to reimburse the federal government for the costs of a civil action to recover penalties or damages.

Modifies and expands provisions of the False Claims Act relating to intervention by the federal government in civil actions for false claims, sharing of information by the Attorney General with a claimant, retaliatory relief, and service upon state or local authorities in sealed cases.

(Sec. 5) Establishes in the legislative branch the Financial Crisis Inquiry Commission to examine the causes of the current U.S. financial and economic crisis, taking into account fraud and abuse in the financial sector and other specified factors.

Requires the Commission to submit a final report on its findings to the President and Congress on December 15, 2010. Requires the Commission chairperson to appear before the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs within 120 days after the submission of such report. Terminates the Commission 60 days after the submission of such report.

Authorizes appropriations.

 Related & companion bills 3
 Bill text 7 versions

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
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APA
U.S. Congress. (2026). S. 386: FERA. 111th Congress. Open America. https://openamerica.io/bill/111-S-386/
MLA
"S. 386: FERA." 111th Congress, 2026, Open America, https://openamerica.io/bill/111-S-386/.
Bluebook (legal)
S. 386, 111th Cong. (2026), https://openamerica.io/bill/111-S-386/.
Markdown link
[S. 386: FERA](https://openamerica.io/bill/111-S-386/)
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