CQ TODAY ONLINE NEWS
– ECONOMIC AFFAIRS
Updated Oct. 31, 2008 – 1:09 p.m.
Frank Wants Tighter Control of Banks’ Use of Bailout Funds
By Phil Mattingly, CQ Staff
Banks that use infusions of federal funds for anything other than lending will be violating the terms of the financial rescue, House Financial Services Chairman Barney Frank warned Friday.
House Majority Leader Steny Hoyer, D-Mass., issued a similar statement, indicating growing concern about how the program is being implemented among leaders of both parties on Capitol Hill.
Meanwhile, Sen. Charles E. Grassley of Iowa, the top Republican on the Senate Finance Committee, asked insurance giant AIG to detail how it has spent most of a $123 billion Federal Reserve loan it received to stay afloat.
As reports continue to circulate about the banks potentially hoarding portions of the $250 billion Treasury has offered to invest in exchange for senior preferred stock, or using the money for purposes other than lending, Frank said Treasury Secretary Henry M. Paulson Jr. “must make it absolutely clear to any participating entity that the federal government will insist on compliance” with the rescue law (PL 110-343), which was aimed at using federal funds to unfreeze the credit market.
“Any use of the these funds for any purpose other than lending— for bonuses, for severance pay, for dividends, for acquisitions of other institutions, etc. — is a violation of the terms of the act,” Frank said in a statement.
Hoyer seconded those comments in a statement issued later in the day.
“In the past few days, it has become apparent that some financial institutions are misinterpreting the intent of Secretary Paulson’s ‘Troubled Asset Relief Program,’” he said. “...It is the responsibility of all parties involved to remember not only the terms, but the spirit of this program.”
Several reports have indicated institutions receiving funds are considering acquisitions of smaller, troubled banks; intend to pay dividends to shareholders; and are planning generous executive bonuses.
While Treasury has imposed some limits on executive compensation at financial institutions that participate in the rescue program, the administration has been more tolerant about acquisitions.
“If a larger bank, a stronger bank, is able to acquire [a smaller bank], and capital is put into that combined entity, that community is now better served,” Neel Kashkari, the interim assistant Treasury secretary for financial stability, said Oct. 23. “And so we have to be very careful about not discouraging prudent acquisitions because that can actually help us get through these troubled times that we’re in right now.”
As for dividend payments, White House spokesman Tony Fratto said Friday “if the capital injections were used to pay for dividends, I think that’s probably something that we would object to, too. But that’s not the intent of their use, and there’s no evidence that that’s taking place.”
Treasury officials have also said they don’t want to discourage participation in the rescue program by imposing too many conditions.
Senate Banking Chairman Christopher J. Dodd , D-Conn., who stood side by side with Frank through the process of crafting the $700 billion bailout legislation, agreed with Kashkari’s assessment on bank mergers. But he said the idea of banks hoarding funds has “really distracted me.”
Frank Wants Tighter Control of Banks’ Use of Bailout Funds
As lawmakers have called for more explicit restrictions on the use of the capital, Treasury has insisted that the impetus to lend is high.
“There is strong economic incentive for them to take that capital and put it to good use,” Kashkari said. “Their own shareholders will demand it. Otherwise their own returns are going to come down. So we feel that the provisions we’ve put into the agreements provide the economic incentives for them to lend.”
In a rare show of bipartisan unanimity, Frank’s comments mirrored those of House Minority Leader John A. Boehner , R-Ohio, in a letter sent Wednesday to Paulson.
“Funds made available under the economic rescue package should not be used to pay for bank acquisitions, raises, and executive bonuses,” Boehner wrote. “These are not the types of expenditures you described during your many discussions on Capitol Hill earlier this fall, and these certainly are not the types of expenditures members of Congress envisioned when the plan was sent to the president earlier this month.”
Frank’s comments also echo those of Democratic leaders in the House and Senate. Speaker Nancy Pelosi , D-Calif., and Senate Majority Leader Harry Reid , D-Nev., also wrote Paulson Wednesday, demanding more vigilant oversight of the recipients of capital injections.
Frank said in his statement that his concerns would be addressed in Financial Services hearings Nov. 12 and Nov. 18.
“It is very important if congressional and public support for this program is to continue that we receive assurances at those hearings that the money being advanced will be used only for relending and for no other purpose,” Frank said.
Meanwhile, Grassley sent a letter to American International Group Inc. Chairman and CEO Edward M. Liddy asking that the company disclose how it has spent $90 billion of its $123 billion loan from the Fed. He cited a New York Times report that said the company had refused to provide a public accounting.
“AIG’s use of the Federal Reserve loans is of great interest to the American people because they are footing the bill,” Grassley said. “Moreover, some experts believe that AIG will need additional funding over and above the $123 billion the Federal Reserve has already lent it.”
He asked Liddy to provide a briefing to his committee staff and to preserve documents related to the matter.
Separately, Grassley wrote to Paulson and FDIC Chairman Sheila C. Bair asking how they intend to determine which homeowners would be eligible to take part in a plan the two agencies are reportedly weighing to guarantee up to 3 million troubled mortgages.
“We cannot and should not rescue everyone for the sake of it; we need to understand the underlying loans and determine which are viable customers and which are fraudulent or ‘straw’ buyers,” Grassley wrote. “There are far too many Americans legitimately struggling to stay in their homes for the Federal Government to ignore those who “gamed” the system with knowledge and intent.”
First posted Oct. 31, 2008 1:09 p.m.




Comments
CONGRESS IS FULL OF LAWYERS, SO WHY DID THEY ALL FORGET TO INCLUDE SOME CRITICAL FINE PRINT IN THE BAILOUT PACKAGE? More abuse of the taxpayer is coming. http://pacificgatepost.blogspot.com/2008/10/what-they-didnt-tell-us-about-bailout.html Congress didn't do its job, ... again.
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