Full text of Treasury’s proposal

By: HousingWire staff
September 21, 2008 8:17 AM CST

Below is the full text of the original proposal sent by Treasury to Congress for consideration:

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.


13 Responses to “Full text of Treasury’s proposal”

  • September 21st, 2008 9:05 am by Paulson Seeks Blank Check for Treasury; Unease Grows : HousingWire

    [...] Indeed, Paulson is reaching for unchecked power here — the proposal sent to Congress on Saturday stipulates that “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.” Read the full text of the proposal. [...]

  • September 22nd, 2008 11:29 am by GEORGE HENRY

    THIS IS OUTRAGES IN THE UNITED STATES OF AMERICA. ANOTHER MAN WHO HAS FAILED TO EXECUTE HIS SOLEM DUTIES TO THE PEOPLE HE SERVES IS REQUESTING UNPRECEDENTED POWER TO SPEND MORE MONEY TO FIX THE PROBLEM HE ALLOWED TO OCCUR ON INSTITUTIONS HE WAS TO HAVE OVERSEEN. THIS CERTAINLY IS THE LATEST FACTUAL EVIDENCE THAT JOHN McCAIN AND SARAH PALIN ARE ON TARGET TO SAY WASHINGTON NEEDS TO BE SHAKEN UP. GOD HELP US IF OUR FELLOW CITIZENS AND LAW MAKERS CANNOT SEE THROUGH THIS UNBELEIVABLE SCAM.

  • September 22nd, 2008 12:23 pm by What Recent Changes In The Financial Markets Mean To You: Lock. Now. : Arizona Mortgage Team :: Arizona. Mortgage. Experts.

    [...] Congress is planning on giving Treasury Secretary Hank Paulson a line of credit that he can use to purchase up to 700 Billion of “bad mortgage debt” at any one time.  (Note the part in section 6 of the Treasury’s proposal where it says that the maximum amount is 700 Billion at any one time — meaning it is possible to buy and sell, buy and sell TRILLIONS if Hank Paulson decides to”) [...]

  • September 22nd, 2008 2:38 pm by Jerry Winston

    Ole Hank is looking for the way out of a tight spot that he, along with a mandate from the Clinton administration, created. First and foremost, the law changed a few years back that allowed these institutions to become mega giants in size. The became so big that when such a mega giant’s foundation crumbles it then becomes a matter of national security if they fail. Throw caution to the wind and expect the government to bail you ass out when you go under is paultry planning. I’m sure the CEO’s of these institutions are not hurt a bit with their mega millions in salary and bonuses. Go after the BOSSES!!

  • September 24th, 2008 6:49 am by Bruce Mattingly

    Assuming Paulson is correct on the time, need, and amount of this “package”, why is there no discussion on diverting funds from existing projects to offset some of the initial outlay? Can renovations and expansions be put on hold for the requested two year window? Surely we can come up with a better plan than spend now pay later. After all, isn’t that how we got here?

  • September 26th, 2008 11:30 am by John Doe

    What about the millions of tax payers that are losing their homes? Who is taking care of those guys? Give a stimulus to the tax payers and your results are- they can pay mortgage to current status, pay credit cards, gas, purchasing of autos, buy seconds homes, remodeling, etc. This will help the corporations that have defaults due to non payment of mortgage. This will also stimulate economy due to satisfying debts, new purchases. Isn’t that what we really need and want.

  • September 26th, 2008 3:01 pm by John Doe

    Everyone above has said it all. Here is a new one. Take over and control these companies. Foreclosed homes give back to the original owners and give a refinance at a low low rate and at a fair value price [not the escalated inflation values] and set up a program to pay the mortgage payment in lieu of giving money to Paulson who does not know what he is doing. They project financial statements 5 years in advance. They knew this was coming. If you go in and read the Federal Reserve meeting notes, this same thing was discussed in the 90s. This is just one more fat to the fire. Are any of us safe from financial ruin. As Americans we need to pull together and fight the BS and the politics. We need experience. Say what you want about McCain and Obama, neither was my choice. And if I wanted Biden I would have voted for him when he was running.
    Either way, the government was responsible for this financial downfall now they are trying to manipulate the system to cover it up. Prosecute all of the people responsible, that includes Hank Paulson!

  • September 26th, 2008 8:40 pm by Danny

    There has been a theft from the system. The details are both clear, and not so clear. We want you to replace the money that was taken. That is crystal clear.

  • September 27th, 2008 4:19 pm by Amy

    Just something I was thinking about.

    If the corporations that funded our home mortgages need money, so desperately they need government assistance, and if people are losing value in their home or losing their homes, due to the poor economy and it is mainly mortgage related. How about an incentive, the people that do have a some money left pay off part of their loan for additional credit. For instance, if you owe 500,000 on your home and you have some savings, you could pay 20,000 to your lender and they would reduce your loan 40,000, so your new loan balance is 460,000 and the lender would recalculate the loan at the same terms as agreed, this should lower the borrower’s payments. By doing this, the company would raise money, benefit their customers and gain some financial stability. Now the homeowners that have lost equity could have a chance of gaining some of it back thus reducing the urge to walk away from their home. As a result less money would be required for the bailout if any. As a country we could pull together and do something for ourselves, everyone that contributes, directly benefits, which means our great grandchildren will not be paying for our debts. If I contribute to save the mortgage company I want to directly benefit and the mortgage company would be taking a loss however have a better chance of improving their financial standing.

    Benefits:
    Reduce the American’s debt
    No additional foreclosures
    Banks will have funds available for others to borrow
    Less money will be needed for the bailout if any
    American’s will have less obligation therefore may create a stimulus in the economy

    People have already taken a loss as it relates to our investments and our homes. The banks have taken losses as it relates to owning a bunch of homes they don’t want. I’ve heard mortgage companies don’t want to negotiate with customers that are current, well I think that’s greedy when we are in a time of financial crisis and they need our help. What do you think? Why won’t this work?

  • September 27th, 2008 7:26 pm by Varuni

    This country seems to go backwards every time the Republicans are in office. At times I am ashamed to be born in this country. I have visit other countries and everyone laughs at the Americans.

    I really do not see how this bailout plan is going to work. This country in many ways has come to the same level as 2nd or 3rd world countries.

  • September 28th, 2008 8:15 am by Dolores

    Check out Goldman Sachs on Wikipedia and you will find that Paulson was a former CEO of that company and is only looking out for his stock. Also, who is going to be appointed administrator of this plan? You can bet all the republicans are salivating over this. A cap on CEO salaries should be part of the terms.

  • October 2nd, 2008 8:14 am by KC

    wow dolores you’re a genius…you uncovered that Paulson was the ceo of goldman. you also uncovered the truth about how republicans voted against this measure but really are quite for it. nice investigative work.

  • October 2nd, 2008 8:51 am by allis

    Look, anybody who blames the republican party or bush for this is ignorant of the facts. This problem arose from fannie mae and freddie mac buying too many subprime and alt-a loans. Those loans were intended to allow people who otherwise could not afford a house, to buy one. Which in theory seemed like a nice thing to do, but what it really did was increase real estate values by increasing demand with buyers who had no real reason to be in the market, which in turn made housing less affordable for everybody, causing an increase in the number of non conforming loans, which ultimately led to fannie and freddie having to buy more bad loans. it’s a vicious cycle.

    many republicans including bush tried to get legislation passed that would regulate fannie and freddie, not allowing them to have a portfolio dominated by subprimes and alt-a’s. similar legislation in 2003, 2005, 2007. all republicans(in committee) for, and all democrats against, so it never made it out of committee.

    ultimately both parties are to blame for trying in a way reminiscent of our cold war buddies to redistribute wealth. not something this country was founded on.

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