I've pasted the text of the bill below the jump. Everyone should read it. But here are the key points:
- No one who foresaw the crisis, such as Krugman or Stiglitz, is involved in making the plan to fix it.
- The man overseeing the bailout is the ex-CEO of Goldman Sachs, a Wall Street Company. He helped cause the crisis.
- Paulson helped obtain the SEC exemption which allowed brokerages to increase leverage to 60:1 from 12:1.
- The money is Paulson's to use for buying commercial and residential mortgages and mortgaged backed securities as he chooses. No one has any oversight over him, and he can pay any price he wants to, including face amount of the debt.
- Courts cannot review his decisions, not can any regulators. He has to report to Congress once every six months.
- He gets 700 Billion dollars to use as he sees fit, looking after the taxpayer is a "consideration" not a requirement.
- Bet on that 700 Billion dollars being gone before January 20, 2009. Bet on Treasury asking for more.
- That is $2,324 dollars per man, woman and child in America
- There is no bailout for mortgage holders. Banks get bailed out, but not ordinary people.
- Banks and brokerages made record profits these last eight years. Ordinary Americans barely broke even.
- In 2007 Wall Street paid itself bonuses equal to the raises of 80 million Americans.
- Banks bailed out by this plan need make no changes in how they do business.
- Banks bailed out need not replace the management which drove them into insolvency.
- Shareholders and bondholders of such banks do not lose a cent.
- The securities which caused this crisis are still allowed.
- Expect the 700 billion dollars to increase inflation, especially in oil.
- Bush is asking you to trust his administration with 700 billion after spending 580 billion on the Iraq war. Do you trust him?
LEGISLATIVE PROPOSAL FOR TREASURY AUTHORITY TO PURCHASE MORTGAGE-RELATED ASSETS
Section 1. Short Title.
This Act may be cited as ____________________.
Sec. 2. Purchases of Mortgage-Related Assets.
(a) Authority to Purchase.--The Secretary is authorized to purchase, and to make and fund commitments to purchase, on such terms and conditions as determined by the Secretary, mortgage-related assets from any financial institution having its headquarters in the United States.
(b) Necessary Actions.--The Secretary is authorized to take such actions as the Secretary deems necessary to carry out the authorities in this Act, including, without limitation:
(1) appointing such employees as may be required to carry out the authorities in this Act and defining their duties;
(2) entering into contracts, including contracts for services authorized by section 3109 of title 5, United States Code, without regard to any other provision of law regarding public contracts;
(3) designating financial institutions as financial agents of the Government, and they shall perform all such reasonable duties related to this Act as financial agents of the Government as may be required of them;
(4) establishing vehicles that are authorized, subject to supervision by the Secretary, to purchase mortgage-related assets and issue obligations; and
(5) issuing such regulations and other guidance as may be necessary or appropriate to define terms or carry out the authorities of this Act.
Sec. 3. Considerations.
In exercising the authorities granted in this Act, the Secretary shall take into consideration means for--
(1) providing stability or preventing disruption to the financial markets or banking system; and
(2) protecting the taxpayer.
Sec. 4. Reports to Congress.
Within three months of the first exercise of the authority granted in section 2(a), and semiannually thereafter, the Secretary shall report to the Committees on the Budget, Financial Services, and Ways and Means of the House of Representatives and the Committees on the Budget, Finance, and Banking, Housing, and Urban Affairs of the Senate with respect to the authorities exercised under this Act and the considerations required by section 3.
Sec. 5. Rights; Management; Sale of Mortgage-Related Assets.
(a) Exercise of Rights.--The Secretary may, at any time, exercise any rights received in connection with mortgage-related assets purchased under this Act.
(b) Management of Mortgage-Related Assets.--The Secretary shall have authority to manage mortgage-related assets purchased under this Act, including revenues and portfolio risks therefrom.
(c) Sale of Mortgage-Related Assets.--The Secretary may, at any time, upon terms and conditions and at prices determined by the Secretary, sell, or enter into securities loans, repurchase transactions or other financial transactions in regard to, any mortgage-related asset purchased under this Act.
(d) Application of Sunset to Mortgage-Related Assets.--The authority of the Secretary to hold any mortgage-related asset purchased under this Act before the termination date in section 9, or to purchase or fund the purchase of a mortgage-related asset under a commitment entered into before the termination date in section 9, is not subject to the provisions of section 9.
Sec. 6. Maximum Amount of Authorized Purchases.
The Secretary’s authority to purchase mortgage-related assets under this Act shall be limited to $700,000,000,000 outstanding at any one time
Sec. 7. Funding.
For the purpose of the authorities granted in this Act, and for the costs of administering those authorities, the Secretary may use the proceeds of the sale of any securities issued under chapter 31 of title 31, United States Code, and the purposes for which securities may be issued under chapter 31 of title 31, United States Code, are extended to include actions authorized by this Act, including the payment of administrative expenses. Any funds expended for actions authorized by this Act, including the payment of administrative expenses, shall be deemed appropriated at the time of such expenditure.
Sec. 8. Review.
Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency.
Sec. 9. Termination of Authority.
The authorities under this Act, with the exception of authorities granted in sections 2(b)(5), 5 and 7, shall terminate two years from the date of enactment of this Act.
Sec. 10. Increase in Statutory Limit on the Public Debt.
Subsection (b) of section 3101 of title 31, United States Code, is amended by striking out the dollar limitation contained in such subsection and inserting in lieu thereof $11,315,000,000,000.
Sec. 11. Credit Reform.
The costs of purchases of mortgage-related assets made under section 2(a) of this Act shall be determined as provided under the Federal Credit Reform Act of 1990, as applicable.
Sec. 12. Definitions.
For purposes of this section, the following definitions shall apply:
(1) Mortgage-Related Assets.--The term “mortgage-related assets” means residential or commercial mortgages and any securities, obligations, or other instruments that are based on or related to such mortgages, that in each case was originated or issued on or before September 17, 2008.
(2) Secretary.--The term “Secretary” means the Secretary of the Treasury.
(3) United States.--The term “United States” means the States, territories, and possessions of the United States and the District of Columbia.
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What a crock!
As always thanks Ian.
digg
good thing I wasn’t first, ’cause it would have been a lot uglier.
Like I said in the last thread, Krugman nailed it: No Deal.
Go for it! *g*
No one could have foreseen…wait. They did, including Ian.
King Paulson promises to treat the little people well.
I’m starting to wish we’d never elected Paulson. /s
Thanks, Ian. Great analysis. I faxed the basic premise of your proposal from yesterday to Chris Dodd’s office this morning.
SOP. It’s a done deal.
The (former) gold man sucks.
have been trying to contact Senator Dodd in his capacity as Banking Chair, but the damn site isn’t working properly - will call Monday am, but worry that will be too late - as Atrios says, Dems tend to do what the “Big Daddies in Nice Suits” tell them to -
suggestions ?
and has BO given any indication as to which way he’s leaning ?
all right - where are my parliamentary experts?
Assuming this piece of shit passes the house, it still must be passed by the Senate, right?
Can Harry style it so that it goes no further, at least not without a 60 vote threshold?
I used this fax number for his main DC office:
FAX (202) 224-1083
Is Paulson now the “Unitary Loan Officer”?
firedogs, I’m lost in RTC land, trying to discern if that gambit was controlled and executed in the same fashion -
Oversight ?
Power of Paulsen, etc,
it’ll take me a while to read through (hint, hint, wonks) but this jumped out immediately
Wiki
thanks!
dugg
More on topic for Ian’s Obama thread but …
http://www.marketoracle.co.uk/Article4363.html
Ian, I hope someone is faxing your posts and emptywheel’s to the Black Caucus and to the Unions. We need them to bring their weight to bear in this fight.
He sure did! My congresswoman Pelosi sez:
She says the bailout should include provisions to help families facing foreclosure to stay in their homes, as well as create jobs, extend unemployment benefits and prevent CEOs of failed companies to leave with multimillion-dollar “golden parachutes.”
We need to keep the pressure on.
OMG this is insane! If the dems go along with this they will regret it.
Instability is bad but the moral hazard on this is outrageous. No one involved in this fiasco loses anything? Are you fing kidding me.
We should have a revolution if this goes through. I mean people in the streets demanding change. I mean people demonstrating for our rights. People demonstrating for healthcare and for higher minimum wage.
Taxpayers should get a stake in the companies. CEO’s should be wiped out. The moral hazard is too large. This will happen over and over again unless we put a stop to this now.
Insanity.
i’ve emailed this to all my contacts. i hope something can be done.
Big difference: the RTC bought loans of S&Ls that had failed. Their stockholders were indemnified, and the loans and underlying assets became the government’s.
No banks are failing under Paulson’s plan. And he’s not undoing the 60:1 leverage ratio, or prohibiting any golden parachutes, or requiring anyone to resign. As soon as the balance sheets are cleared by offloading toxin onto the American taxpayer, it’s back to business-as-usual.
A mere interruption in the party. We’ve all been at the party the first time the cops show up, right? When everyone promises to be quieter and not do wheelies in the cul-de-sac? Well, this is that first visit. Nothing but a slap on the wrist. Oh, and more beer and drugs.
I don’t know what is more outrageous, the bailout or that one man by himself gets to decide what the price is.
This is a giant giveaway to his friends. So Paulson can bail out his friends and punish his enemies. Easy.
Companies that donated to Republicans get bailed out. Those that didn’t don’t.
Congress might as well just open the doors to fort knox and allow the CEO’s that are friends with Paulson drive up with an 18 wheeler and take whatever they want.
Shouldn’t we be calling for Paulson’s resignation? It seems that this is at least partially his fault for allowing the biggest of the big to increase their leverage.
He should be persona non-grata. Not welcome at the table where this is going to be fixed.
Excellent summary Ian, thanks for the good work… This thing reeks of corruption. Democrats should at least demand Bush & Cheney’s resignation before they even consider this piece of crap.
It seems to me we have been awfully passive in the face of repeated trauma (9/11, etc).
Time to stop that shit. Give them reason to really worry. People in the streets is just a start.
This is a classic Republican bill. It is awful from every conceivable angle for ordinary Americans and for the country. Paulson has already shown himself to be totally incompetent as Treasury Secretary. If he had the least amount of integrity and competence, he would not have sat on his fat ass for the last year doing virtually nothing to address this crisis. This is just monumentally bad and I’m afraid the Democrats are going to cave on it like they have everything else.
Another great article Ian, as usual, thank you very much.
Congress contact info (phone and fax) to load into your email/fax contacts list:
US Senators
US Representatives
i think they are up to date, but if you find any errors, please let me know and i’ll correct them asap.
I can’t shake the feeling we’re being played,again
This is the most elusive threat since WMDs,
I’ve seen numbers range up to four trillion $ in bad debt floating out there, maybe more. Shouldn’t we have a handle on a finite number before we commit to another hair-brain, quick draw solution, which will once again, look ridiculous in hind sight.
thanks Teddy, just now caught the “failed” thingy - and agree with you.
What in the world is Obama to do ? seriously, there is even more momentum to be had in the coming weeks and he is forced to walk this tightrope
The only way for him to have Ian’s prescribed “FDR Moment” is for the Leadership to back him - loudly and consistently - good effing luck with that Senator - am so afraid this will be just one more item “off the table”
this is the shock doctrine in action. a crisis hits, and the crooks use it has an excuse to rob the country.
amen.
transparency should, imo, be first on a long list of our demands.
Wouldn’t a government in a country with a parliamentary govt. have to quit if something like this happened? They’d face a vote of no confidence, wouldn’t they?
yeppers. Blair admitted so much the other night on TDS :D
That’s encouraging.
I hope Pelosi sticks to her guns and doesn’t let the Blue Dogs run wild.
“as” much - blerggh
Dodd testing the waters for resisting? From an AP article:
At least he’s not saying “We have to do everything Sir Paulson says.” In fact, I’m somewhat encouraged.
As written DO DEAL!
Just how is it that the rethuglians seem to think that they are in a position of strength on this issue! Unless Obama steps in and says NO DEAL and tells the Dems in Congress the same thing this country will go down the drain.
sorry - a stupid question is required:
When does the term of the 110th Congress (this one) end?
It is better to die standing on your feet, than to live on your knees.—-Emiliano Zapata
Nancy Pelosi and Harry Reid—-Baaaa, baa, baaaa
from ian’s link:
wow - How many times has the word “should” appeared in the comments?
Oh yeah, Nancy and Harry, we’ve got all the fucking confidence in the world in the two of you.
He needs to oppose this plan for what it is - a giveaway - and propose a better idea. The Dems will fall into line behind him - he gives them someone to blame if it doesn’t work.
It’s a time for Obama to show his real leadership - assuming he has such.
Just a quick and dirty guesstimate but if we look at the mortgage sector alone and forget about all the other debt out there, the American housing market is (or was) worth $12 trillion. If housing values fall 40%, that is $4.8 trillion that someone or someones, mortgage holders, banks, investment houses, and the buyers of the securitized instruments based on these mortgages are going to have to eat.
damn -
the stench is so bad, it woke up NPR :D
NPR: Planet Money
we
were
warned
Exactly. There is just no way to convey how bad this bill is. It entrusts money and power in the hands of those who deserve neither.
Good read.
that’s a huge problem - they wont necessarily fall in line as that would put it “back on the table”
these were the folks so interested in getting Iraq “off the table” they gave Bush more than he asked for last time - even if it meant the continued slaughter of Iraqis and US Military Personnel
some bits from glenn:
my bolds.
Just emailed Hillary, Chuck and Mike Arcuri. I will fax them on Monday morning. I will also email everyone I’ve got in my address book to contact their people as well.
Commissar Paulson is all over the Sunday gasbag shows, and he will hit Dodd and Frank hard for their “dithering” and “political gamesmanship” in the face of this crisis. Big GOP Daddy in a Suit™ read them the riot act on Thursday night. The Democrats are squirming a little bit now, as they are hearing from their constituents and, perhaps, their standard-bearer.
But Daddy will whip them good tomorrow.
Daddy doesn’t pay their salaries. We do. We also furnish their nice pretty offices.
how much will be lost if the speculation is unwound from the commodities markets? is it significant, or does the housing market make everything look small in comparison?
that’s why we have to push from the other direction.
M take is that they give Bush what he wants to avoid blame. If Obama proposes something else, they have another path and can still avoid blame - and claim they were being loyal Dems.
Do you have a different take on their motives?
They have NSA-discovered secrets that have been known to Cheney since forever.
speaking of demands (with transparency at the top of the list) … here’s one from bernie sanders that i like:
nahant–regarding my little problem last night–I “think” I have fixed it but would like to know for sure–would you please e-mail me at my screenname at a o l dot com?
also, have you seen CTuttle around here recently?
New Lindsay post
After thinking about this some more, I don’t know why we shouldn’t be pushing the concept of a massive debt-to-equity swap — not for the toxic assets themselves but rather for the debt-obligations of the effected financial institutions. In theory, the marked-to-market toxic assets could sit in place indefinitely, on the balance sheets of these corporations, if the companies’ own debt obligations were small enough to be servicible and their capitalization ratios were manageable.. so swap them out.
And let guvmint take over that swapped equity, translating into board seats and the ability to fire incompetent managers, in return for this recapitalization. As any third world central banker knows, toxic assets by themselves need not bring down the economy if the organizations holding them are, themselves, able to service calls on their own obligations, and that problem is easier to fix than the underlying toxic assets problem. The cancercorps themselves will just have to learn to be smaller, and their shareholders will just have to deal with the dilution.
Then, Congress can get to work on longer term measures to restore housing values/mortgate market problems, unwind the derivatives positions, etc, as non-emergency problems to be solved, say, over the next year.
They will no doubt be reminded of what happened to those who took the lead in questioning the Patriot Act. Quietly, of course.
I do not know exactly…but what I heard this morning is recess is pretty soon for the rest of the year…to campaign + the holidays. Sorry I do not recall the number of days mentioned.
I just sent the following letter to my congressional delegation, the congressional leadership, and the committees with oversight. I urge everyone to send their own.
We need to flood their offices so they are more afraid of us than of Wall Street or the preznit.
The actual amounts in the commodities markets were on the order of $150-$200 billion. Speculators made their profits on the differentials. The increase in the absolute prices exported $500 billion to $1 trillion in profits to oil producing countries some of the most unstable on the planet.
Not exactly, as least as I understand it. Paulsen is providing a floor for them to crawl out of the fire, not a ceiling. They are going to need more liquidity after this bailout and I think they’ll go looking to sovereign funds.
If the deal is sweet enough (larger ownership stakes than what has been offered in the recent past and perhaps even more transparent regulations) I suspect that oil rich countries and China will be willing to be a partner in the commercial/consumere megabanks that are being created.
That’s just my take.
Also drop your bookmarks to Andrew Sullivan “Dish” site. He is insulting us with his right wing bull shit. All that thinking needs to be answered by ignoring them now.
Dave
Viet Vet
excellent letter.
Don’t forget the toll-free numbers for the capitol switch board
Call a number, as for Congressperson X or Senator Y, talk to the staff, hang up then hit redial…. do it over again…. and again…..
thanks. half a trillion isn’t pocket change, even as bushco hands it out.
i was just wondering how much could be lost by speculators on the down side of the commodities bubble. if profits were leveraged, then won’t losses be also?
Don’t know an exact date myself but I would assume there will be a lame-duck session after the election up until the Christmas recess. The 111th will be sworn in the first week of January I believe and has roughly 2 1/2 weeks before the new president takes office.
New emptywheel post
Josh Marshall is soliciting e-mailed opinions on the bailout for publication at http://www.talkingpointsmemo.com
He’s limited to $700 billion in any one transaction, but pursuant to Section 10, he can increase the public debt up to $11,315,000,000,000. That’s $11.3 trillion.
He, or the Secretary of the Treasury, has this dictatorial power for 2 years. What impact will this have on the new President? Does it make any sense to tie the new president’s hands like this?
None of this makes any sense to me.
what would happen if we could get people to stop witholding taxes from their paychecks? is that even possible?
He’s limited to $700 billion in any one transaction, but pursuant to Section 10, he can increase the public debt up to $11,315,000,000,000. That’s $11.3 trillion.
—-
It was about $10.6 a week or so ago which pretty much limits him to the $700.
Just another transfer of wealth. If Pelosi and Reid let this pig move thru Congress then they are committing treason against all working Americans. You can bet that both are scared shitless because they know that the press will paint them as opposing a solution to the Republican created economic Armegeddon.
The person that should be opposing this Republican bailout is Obama. He needs to come out forcefully against this pig.
the dems in congress need cover to act against the current administration. obama can give it to them.
New post — Is Palin a Bircher?
The next few days will show us what Obama is made of. It would be too easy for him to lay low and coast into winning the presidency. There are probably many “advisers” whispering in his ear that he should do just that. However, I think that he is smart enough to know that if he does that and the bailout as structured now passes, his presidency will be hamstrung before he even takes office.
Ironically, McCain is running on “Country First”, but Obama needs to put country first in a very real way and come out with a concrete, fair plan that both addresses the crisis on Wall Street and provides consequences to those who have caused it. He has the opportunity to literally save our country even before he takes office. Will he have the courage? Will he tell those whispering in his ear to STFU so that he can get us out of this?
Commodities markets are leveraged at between 15 and 20 to one.
all the economy needs is a little tweak here, a little nudge there. that’s all.
jim @ 83 - should have said first thing, that i agree completely.
hugh @ 84 - so, if a $150-200 billion dollar market goes down by 25-50% and is leveraged at 15-20 to one, does that mean there is another trillion in losses? sorry to be asking such basic questions, but that just seems like of money have i have no intuition on this to act as a guide.
Humble edit:
Outstanding letter Dr. Dick (from one Dr to another)
/grammar police
;~P
That has just doubled the national debt well within the lifetime of one administration. National debt 09/30/2000 5,674,178,209,886.86 (In the first 9 months of this administration). Have you any doubts the new limit will not be reached by the termination of the administration
National Debt: http://www.treasurydirect.gov/.....histo5.htm
ersatz edit:
This administration has doubled the accumulated debt of 230 years in less than 8 years. This from beginning with a budget surplus. This feature also occurred with Reagan administration which saw the US go from the world’s largest creditor nation to the world’s largest debtor nation within the first half of its 8 year administration, IIRC. Debt always facilitates transfer of wealth with Chicago School of Economics ideology. This should be something to have a true fear of, for real.