The Deal
Saturday, November 21, 
3:56 pm

Congress issues draft of bailout

  Share     E-Mail    Discussion (1)     Print Story

capitol_building_facade.jpgRepublican and Democratic lawmakers in the House and Senate reached a compromise with Treasury Secretary Henry Paulson early Sunday morning over how to move forward on a $700 billion Wall Street bailout plan (see draft here). 

Continue reading below

Also on Dealscape

"The negotiators resolved our differences so we can go forward with a package to stabilize the market," House Speaker Nancy Pelosi, D-Calif., told reporters after the deal was hammered out.

The measure, which is expected to be voted on by both the House and Senate by Wednesday, would authorize $700 billion to the treasury for buying back mortgage assets, mostly from Wall Street financial institutions. But the provision provides initial funding of $250 billion, followed by another $100 billion at the president's request. The final $350 billion would be made available afterwards with presidential approval, but it would also be subject to a congressional veto.

The package also provides:

  • The Treasury Department with the authority to provide government insurance for mortgage-backed securities, though the government is not required to provide it. House Republicans, led by Rep. Eric Cantor, R-Va., had sought to replace the $700 billion bailout package with their insurance plan, which they believed would have driven private capital back into the markets.
  • The measure will require the Treasury to take equity stakes or warrants in participating financial institutions that sell assets to the government. The equity stake approach was opposed by Paulson, but lawmakers included it as part of their effort to provide benefits to taxpayers from the revitalization of the financial sector. In addition to buying assets from financial institutions, the measure also allows the government to purchase troubled mortgage assets from pension plans, local governments and small banks.
  • The package puts restrictions on executive compensation of CEOs at financial institutions participating in the program, an idea that Paulson also initially opposed. The draft legislation prohibits golden parachute severance packages and also includes a clawback provision that would require executives to return bonuses if it turns out after that their companies actually did not hit benchmark financial targets. 
  • Lawmakers agreed to create two oversight boards:
    1. One that consists of the secretaries of Treasury and Commerce, the head of the Securities Exchange Commission and of the Federal Reserve and
    2. Another made up of reputable economists and other individuals chosen by bipartisan leaders of Congress. This provision would take away sole control of government allocations from the treasury secretary, but appointments to the latter panel are likely to be the subjects of heated debate.
  • The package also requires that an inspector general and Government Accountability Office staffer be present at the Treasury Department to oversee the program.
  • Transactions will also need to be posted online.

A measure that Democrats wanted that would have made changes to bankruptcy law and let judges adjust the terms of mortgages was not included. But the plan gives government officials the authority to modify mortgages such as reduce principal or interest rates or lengthen the amount of time to pay back the mortgages.

Bush Administration spokesman Tony Fratto said in a statement that the administration is satisfied with the progress on the proposal. He added that Bush spoke with Pelosi on the negotiations Saturday night.

Pelosi expects the House will vote on the measure by late Sunday or early Monday, though some Republicans want a 24 hour delay on the vote so they can absorb its complexities. The Senate should vote on it shortly afterward, most likely by Wednesday. - Ron Orol

See draft of legislation

Ron Orol is a Washington-based reporter for The Deal and author of Extreme Value Hedging: How Activist Hedge Fund Managers Are Taking on the World.





Comments

From: Jack,

How in the world can you put the people who, either caused, or help cause the bailout problem, in charge of oversight of the bill? The Chairman of the Fed Res Sys, The Sec of Trea, the Director of Fed Home Fin Agency, The Chairman of the SEC, and the Secretary of Housing and Urban Dev.


Post a comment





The Deal Pipeline

Deal Video


Inside The Deal: Avaya Inc.'s Mohamad Ali on the company's next target.


More video...

Crisis On Wall Street
Technology
Deals of The Decade

Community

Industry Insight

Managing your shareholder base

Growth companies and their PE sponsors should be wary of the pitfalls that arise when they layer on tiers of preferred stock.


Industry Insight

Easing the stress of distressed M&A

Corporate buyers face numerous complexities when trying to identify the right moment to purchase a distressed asset.


Editor's Note

Editor's letter: Nov. 16, 2009

Beneath the veneer of Wall Streeters beats the same heart, stirred by the same determinants of behavior.


footspacer.jpg footspacer.jpg footspacer.jpg footspacer.jpg footspacer.jpg


©Copyright 2009, The Deal, LLC. All rights reserved. Please send all technical questions, comments or concerns to the Webmaster.