Here is the exact wording (as of yesterday at least) of the treasury's bailout proposal to congress:
(From the WSJ):
"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."
This entire enterprise is patently absurd and reads like something I'd expect to read on the Onion.com, not something that is being legitimately proposed by the U.S. Treasury.
The things that bother me the most about this proposal are as follows:
Mortgage securities are a symptom of a problem not the actual problem : the real problem is undercapitalized and overleveraged financial institutions investing in and/or borrowing against overvalued debt securities and other derivative instruments. Allowing the banks to dump their bad investments onto the taxpayer does nothing to solve the core problem. The whole thing is analogous to someone who has an underwater primary mortgage and HELOC debt against their home equal to 15X it's current value, and a 3rd party claiming to be able to resolve the situation by buying the house and paying the primary mortgage.
Any sensible person would call that 3rd party a snake oil salesmen, yes? So why is anyone in their right mind even taking the treasury's proposal seriously, is our government that clueless about the financial markets, economy, et al?
The language around protecting the taxpayer : how in god's name can you claim to be protecting the taxpayer when you're proposing to offload $700 billion worth of the financial industry's mistakes on them? You want to protect the taxpayer? Burn this proposal and apologize to the taxpayer for even drafting it, then require that banks raise more capital and work on fixing the actual problems facing our economy.
Mortgage Securities didn't fall out of the sky : much of the rhetoric in support of this proposal makes the situation sound as if toxic mortgage securities simply fell out of the sky and "happened" to the banks, as opposed to them being a calamity of their own making. The banks created this problem and they should be made to suffer mightily for it as opposed to being able to dump their bad investments on to the taxpayer. I'd rather the government just let more banks fail and the $700 billion be used to cushion the blow to the individual citizen, than for them to use OUR money to bailout irresponsible companies and their executives.
No language around penalties for banks receiving bailouts: one would think that any bank that sells its mortgage securities to this entity would face some rather stiff penalties for being bailed out by taxpayers, yet nothing of the sort is said on the subject in the Treasury's proposal. In my view any bank that receives a bailout should be treated as if it was in FDIC receivership, its assets liquidated and the proceeds used to reimburse taxpayers, bondholders and shareholders (in that order). Furthermore executives should be forced to surrender their compensation from this calendar year and the year before (at least).
The goal of the bailout shouldn't be to enrich irresponsible banks and their executives, it should be viewed as a last resort measure that the banks should be incentivized to avoid at all costs because without penalties the bailout is nothing more than an Enron style SPE for the financial sector.
Section Eight : I found section eight to be so disturbing I was thinking about it in my sleep this morning! The sheer audacity of the Treasury department to propose that they should be given $700 billion worth of taxpayer money to bailout the financial sector, whilst not being subject to any kind of review, audit, oversight, et al, is truly egregious. Better yet we have a %700 billion taxpayer funded bailout of an elite few that isn't subject to a lick of governance and oversight, which sounds like many different things (near-fascist and communist comes to mind) with none of them including Capitalist, Free Enterprise or Democracy.
Sources:
The WSJ: "Treasury's Financial-Bailout Proposal to Congress" -- September 20, 2008.