CQ TODAY PRINT EDITION
Oct. 2, 2008 – 8:19 p.m.
Congress Faces Large Financial Oversight Challenge
By Joseph J. Schatz and Phil Mattingly, CQ Staff
If the House clears the financial bailout package, the federal government within weeks will be wielding new authority to buy hundreds of billions of dollars worth of mortgages.
And thanks to provisions added by lawmakers during the past two weeks, Congress would be ready to effectively oversee the program.
At least that’s the plan.
But in order to work, both the program itself and the oversight entities that are supposed to hold it accountable might require a significant infusion of financial markets expertise — perhaps from firms that have collapsed during the recent turmoil on Wall Street.
The process of managing, implementing and contracting out a huge program — in many ways akin to an investment bank located in the Treasury Department — would present Congress with a unique oversight challenge. Some suggest lawmakers would be hard-pressed to keep track of what’s going on.
“It’s almost a retail operation, and you can’t constantly be coming back to some congressional board for oversight or something like that,” William Gale, director of the Brookings Institution’s economic studies program, said during an Oct. 1 discussion on the bailout package. “Mainly what’s going to happen, is Treasury is going to do it, and they’ll report back to the public now and then. But I just don’t see a strong role for oversight in all this, despite what people say.”
If the House follows the Senate’s lead and clears the package, the Treasury Department wants to begin buying financial institutions’ shaky assets “as quickly as possible,” White House spokesman Tony Fratto said Thursday. “It’s a complicated thing that they’ll be trying to put in place, and I’ll let them explain it. . . . I think it’s at least weeks.”
At its core, the bill would set up a Troubled Assets Relief Program (TARP) at Treasury with authority to purchase mortgages or mortgage-related securities. As requested by Treasury Secretary Henry M. Paulson Jr. , Treasury could decide whether those purchases occur through an auction process or directly from a financial firm.
“There’s a lot to work out and plan in terms of managing that process,” said Paul Wachtel, an economics professor at the Stern School of Business at New York University. “Developing a bureaucracy that can do so well is not a simple problem.”
“I think whomever is elected [president] in a month or so ought to designate his secretary of the Treasury pretty quickly,” House Financial Services Chairman Barney Frank , D-Mass., said Thursday on CNBC.
Outside Help Needed
The Treasury Department might contract out a great deal of the work to stressed financial institutions — a possibility that some watchdogs see as raising conflicts of interest. The legislation would waive the normal federal contracting process.
“For all of the oversight, there may not be much in the form of accountability,” said Gary D. Bass, founder and executive director of OMB Watch. “You have to consider the possibility that some of the people who got us into this in the first place are the people who will be getting these jobs. Does it mean Goldman Sachs is now going to be arm-and-arm with the federal government?”
Congress Faces Large Financial Oversight Challenge
And as it assembles its oversight operation, Congress might also need to bring in help from Wall Street.
The legislation passed by the Senate and awaiting House action would set up three oversight functions.
The first would be a board composed of the Treasury secretary, the chairman of the Federal Reserve, the commissioner of the Securities and Exchange Commission, the Housing and Urban Development secretary and the Federal Housing Finance Agency director. That panel would review such things as appointments, how the Treasury Department determines which assets to buy and how the purchases are made.
The bill would also create a bipartisan panel of two House members and two senators that would submit reports to Congress on the program’s transparency, effectiveness and market impact.
But most of the oversight responsibility would fall on the Government Accountability Office, an arm of Congress. The bill would empower the GAO’s top official, the comptroller general, to set up an office within Treasury at Treasury’s expense to conduct detailed oversight including yearly audits. The GAO would have access to all records, books and accounts.
That oversight office would be an enormous undertaking likely to require a large number of new personnel with significant financial acumen.
All three oversight bodies would issue reports to a newly established inspector general appointed by the president. That person would have a $50 million budget and would coordinate all audits and investigations.
“You would have to hire people with the kinds of expertise [the government agencies] do not have at the current time,” said NYU’s Wachtel, noting that could mean an influx of Wall Street finance experts. “The kind of people who understand the structure of these securities would be helpful,” Wachtel said. “That understanding is not widespread. . . . That’s one of the reasons we got to where we are.”
Some outside observers are impressed by the accountability Congress has tried to write into the legislation.
“They tried to build some accountability into this process while still allowing for some free-form experimentation with the program itself because they’re not sure exactly how it’s run,” Thomas Mann, a senior fellow at Brookings, said at the Oct. 1 roundtable.
Beyond overseeing the assets purchase program, lawmakers likely will be considering next year an overhaul of the regulatory framework governing financial markets. House Financial Services plans to hold oversight hearings on the economic situation, accounting issues and financial practices that have come under scrutiny in recent months, including credit default swaps, Frank told the House Rules Committee on Thursday.
The hearings, Frank said, would “deter things from going wrong until we can legislate.”


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