Thursday, November 13, 2008
Bailout Bait And Switch . . . Uncle Sam Screws Citizens
Another $500 billion is in the works for make-work jobs to fix our failing roads and bridges. Seriously, just how much of that will go to the intended purpose? The environmental legal battles alone will consume most of it.
Don't forget the Auto Industry, State and Local Governments . . . everyone is in line for a hand out.
Then there is Obama's campaign promises . . . health care, taxes, etc. On and on next year's government will continue to squander the very last dime this country has.
It is doubtful the country will go bankrupt. The politicians will not let that happen at least technically speaking. The only option is for our U.S. Government to print money and create hyperinflation.
Read the history of post WWI Germany. We are going to repeat it except on a gigantic scale. We being the whole world. It has been set in motion and can not be stopped. Pay off your debts, buy bulk and necessities now before your money becomes worthless, and above all else get your Gold and Silver. Good luck . . .
Remarks by Secretary Henry M. Paulson, Jr. on Financial Rescue Package and Economic Update
Washington - Good morning. I will provide an update on the state of the financial system, our economy, and our strategy for continued implementation of the financial rescue package.
Current State of Global Financial System
The actions taken by Treasury, the Federal Reserve and the FDIC in October have clearly helped stabilize our financial system. Before we acted, we were at a tipping point. Credit markets were largely frozen, denying financial institutions, businesses and consumers access to vital funding and credit. U.S. and European financial institutions were under extreme pressure, and investor confidence in our system was dangerously low.
We also acted quickly and in coordination with colleagues around the world to stabilize the global financial system. Going into the Annual IMF/World Bank meetings in early October, I made clear that we would use the financial rescue package granted by Congress to purchase equity directly from financial institutions – the fastest and most productive means of using our new authorities to stabilize our financial system. We launched our capital purchase program the following week when we announced that nine of the largest U.S. financial institutions, holding approximately 55 percent of U.S. banking assets would sell $125 billion in preferred stock to the Treasury. At the same time, the FDIC announced it would temporarily guarantee all newly issued senior unsecured debt of participating organizations for up to three years. In addition, the FDIC provided an unlimited guarantee on non-interest bearing transaction accounts that expires at the end of next year.
As I assess where we are today, I believe we have taken the necessary steps to prevent a broad systemic event. Both at home and around the world we have already seen signs of improvement. Our system is stronger and more stable than just a few weeks ago. Although this is a major accomplishment, we have many challenges ahead of us. Our financial system remains fragile in the face of an economic downturn here and abroad, and financial institutions' balance sheets still hold significant illiquid assets. Market turmoil will not abate until the biggest part of the housing correction is behind us. Our primary focus must be recovery and repair.
Housing and Mortgage Finance
Overall, we are in a better position than we were, but we must address the continued challenges of a weak economy, especially the housing correction and lending contraction.
On housing, we have worked aggressively to avoid preventable foreclosures and keep mortgage financing available. In October 2007, we helped establish the HOPE NOW Alliance, a coalition of mortgage servicers, investors and counselors, to help struggling homeowners avoid preventable foreclosures. HOPE NOW created a streamlined protocol to assist struggling borrowers who could afford their homes with a loan modification. The industry is now helping 200,000 homeowners a month avoid foreclosure. In addition, HUD has created new programs to complement existing FHA options, and to refinance a larger number of struggling borrowers into affordable FHA mortgages.
Most significantly, we acted earlier this year to prevent the failure of Fannie Mae and Freddie Mac, the housing GSEs that now touch over 70 percent of mortgage originations. I clearly stated at that time three critical objectives: providing stability to financial markets, supporting the availability of mortgage finance, and protecting taxpayers – both by minimizing the near term costs to the taxpayer and by setting policymakers on a course to resolve the systemic risk created by the inherent conflict in the GSE structure.
Fortunately we acted, citing concerns about both the quality and quantity of GSE capital. Unfortunately, our actions proved all too necessary. The GSEs were failing, and if they did fail, it would have materially exacerbated the recent market turmoil and more profoundly impacted household wealth: from family budgets, to home values, to savings for college and retirement.
Earlier this week, Fannie Mae reported a record loss, including write-downs of its deferred tax assets that make up a significant portion of its capital. We monitor closely the performance of both Fannie Mae and Freddie Mac, and both are performing within the range of our expectations. The magnitude of the losses at Fannie Mae were within the range of what we expected, and further confirms the need for our strong actions.
Eight weeks ago, Treasury took responsibility for supporting the agency debt securities and the agency MBS through a preferred stock purchase agreement that guarantees a positive net worth in each enterprise – effectively, a guarantee on GSE debt and agency MBS. We also established a credit facility to provide the GSEs the strongest possible liquidity backstop. As the enterprises go through this difficult housing correction we will, as needed and promised, purchase preferred shares under the terms of that agreement. The U.S. government honors its commitments, and investors can bank on it.
When we took action in September, I said that we would be entering a "time out" – a period where the new President and Congress must decide what role government in general, and the GSEs in particular, should play in the housing market. In my view, government support needs to be either explicit or non-existent, and structured to resolve the conflict between public and private purposes. And policymakers must address the issue of systemic risk. In the weeks ahead, I will share some thoughts outlining my views on long term reform.
In the meantime, the GSEs now operate on stable footing. They have strong government support backing both future capital and liquidity needs. We have stabilized the GSEs and limited systemic risk, and our authorities provide us with additional flexibility to use as necessary to accomplish our objectives.
Implementing the Financial Rescue Package
More recently, we have also taken extraordinary steps to support our financial markets and financial institutions. As credit markets froze in mid-September, the Administration asked Congress for broad tools and flexibility to rescue the financial system. We asked for $700 billion to purchase troubled assets from financial institutions. At the time, we believed that would be the most effective means of getting credit flowing again.
During the two weeks that Congress considered the legislation, market conditions worsened considerably. It was clear to me by the time the bill was signed on October 3rd that we needed to act quickly and forcefully, and that purchasing troubled assets – our initial focus – would take time to implement and would not be sufficient given the severity of the problem. In consultation with the Federal Reserve, I determined that the most timely, effective step to improve credit market conditions was to strengthen bank balance sheets quickly through direct purchases of equity in banks.
Of course, before that time, the only instances in which Treasury had taken equity positions was in rescuing a failing institution. Both the preferred stock purchase agreement for Fannie Mae and Freddie Mac, and the Federal Reserve's secured lending facility for AIG came with significant taxpayer protections and conditions. As we planned a capital purchase plan to support the overall financial system by strengthening balance sheets of a broad array of healthy banks, the terms had to be designed to encourage broad participation, balanced to ensure appropriate taxpayer protection and not impede the flow of private capital.
Capital Purchase Plan
We announced a plan on October 14th to purchase up to $250 billion in preferred stock in federally regulated banks and thrifts. By October 26th we had $115 billion out the door to eight large institutions. In Washington that is a land-speed record from announcing a program to getting funds out the door. We now have approved dozens of additional applications, and investments are being made in approved institutions. Although we are moving very quickly it will take time to complete legal contracts and execute investments in the significant number of institutions who meet the eligibility requirements and are approved, but we are on the path to getting this done.
Although this program's primary purpose is stabilizing our financial system, banks must also continue lending. During times like these with a slowing economy and some deterioration in credit conditions, even the healthiest banks tend to become more risk-averse and restrain lending, and regulators' actions have reinforced this lending restraint in the past. With a stronger capital base, our banks will be more confident and better positioned to play their necessary role to support economic activity. Today banking regulators issued a statement emphasizing that the extraordinary government actions taken by the Fed, Treasury and FDIC to stabilize and strengthen the banking system are not merely one-sided; all banks – not just those participating in the Capital Purchase Program – have benefited, so they all also have responsibilities in the areas of lending, dividend and compensation policies, and foreclosure mitigation. I commend this action and I am particularly focused on the importance of prudent bank lending to restore our economic growth.
Since announcing the Capital Purchase Program, we have been examining a wide range of ideas that can further strengthen the financial system and get lending going again to support the broader economy. First and foremost, because the system remains fragile, we must continue to stand ready to prevent systemic failures. That is the basis for Monday's action to purchase preferred shares in AIG. The stability of our system remains the highest priority.
We must also allow markets and institutions to absorb the extensive array of new policies put in place in a very short period of time. The injection of up to $250 billion of capital into individual banks, the FDIC's temporary guarantee of bank debt and the Federal Reserve's multiple liquidity facilities for banks, money funds and commercial paper issuers have all significantly enhanced liquidity and helped improve market conditions.
Priorities for Remaining TARP Funds
We have evaluated options for most effectively deploying the remaining TARP funds, and have identified three critical priorities. First, we must continue to reinforce the stability of the financial system, so that banks and other institutions critical to the provision of credit are able to support economic recovery and growth. Although the financial system has stabilized, both banks and non-banks may well need more capital given their troubled asset holdings, projections for continued high rates of foreclosures and stagnant U.S. and world economic conditions. Second, the important markets for securitizing credit outside of the banking system also need support. Approximately 40 percent of U.S. consumer credit is provided through securitization of credit card receivables, auto loans and student loans and similar products. This market, which is vital for lending and growth, has for all practical purposes ground to a halt. Addressing these two priorities will have powerful impacts on the overall financial system, the strength of our financial institutions and the availability of consumer credit. Third, we continue to explore ways to reduce the risk of foreclosure.
Over these past weeks we have continued to examine the relative benefits of purchasing illiquid mortgage-related assets. Our assessment at this time is that this is not the most effective way to use TARP funds, but we will continue to examine whether targeted forms of asset purchase can play a useful role, relative to other potential uses of TARP resources, in helping to strengthen our financial system and support lending. But other strategies I will outline will help to alleviate the pressure of illiquid assets.
Further Strategies
First, we are designing further strategies for building capital in financial institutions. Stronger capital positions will enable financial institutions to better manage the illiquid assets on their books and better ensure that they remain healthy. Any future program should maintain our principle of encouraging participation of healthy institutions while protecting taxpayers. We are carefully evaluating programs which would further leverage the impact of a TARP investment by attracting private capital, potentially through matching investments. In developing a potential matching program, we will also consider capital needs of non-bank financial institutions not eligible for the current capital program; broadening access in this way would bring both benefits and challenges. Non-bank financial institutions provide credit that is essential to U.S. businesses and consumers. However, many are not directly regulated and are active in a wide range of businesses, and taxpayer protections in a program of this sort would be more difficult to achieve. Also before embarking on a second capital purchase program, the first one must be completed, and we have to assess its impact and use this information to evaluate the size and focus of an additional program in light of existing economic and market conditions.
Second, we are examining strategies to support consumer access to credit outside the banking system. To date, Fed, FDIC and Treasury programs have been targeted at our banking system, and the non-bank consumer finance sector continues to face difficult funding issues. Specifically, the asset-backed securitization market has played a critical role for many years in lowering the cost and increasing the availability of consumer finance. This market is currently in distress, costs of funding have skyrocketed and new issue activity has come to a halt. Today, the illiquidity in this sector is raising the cost and reducing the availability of car loans, student loans and credit cards. This is creating a heavy burden on the American people and reducing the number of jobs in our economy. With the Federal Reserve we are exploring the development of a potential liquidity facility for highly-rated AAA asset-backed securities. We are looking at ways to possibly use the TARP to encourage private investors to come back to this troubled market, by providing them access to federal financing while protecting the taxpayers' investment. By doing so, we can lower costs and increase credit availability for consumers. Addressing the needs of the securitization sector will help get lending going again, helping consumers and supporting the U.S. economy. While this securitization effort is targeted at consumer financing, the program we are evaluating may also be used to support new commercial and residential mortgage-backed securities lending.
Third, we are examining strategies to mitigate mortgage foreclosures. In crafting the financial rescue package, we and the Congress agreed that Treasury would use its leverage as a major purchaser of troubled mortgages to work with servicers and achieve more aggressive mortgage modification standards. Now that we are not planning to purchase illiquid mortgage assets, we must find another way to meet that commitment.
FDIC Chairman Bair has given us a model, in the mortgage modification protocol she developed with IndyMac Bank. Through the end of October, the FDIC has completed loan modifications for 3,500 borrowers, with several thousand more modifications currently being processed. These modifications have reduced payments for participating homeowners by an average of $380 month, or about 23 percent. We have worked with the FHFA, the GSEs, HUD and the Hope Now alliance who yesterday announced a streamlined industry-wide modification program that for the first time adopts an explicit affordability target similar to the model pioneered at IndyMac. With this commitment, the GSEs and large portfolio investors are setting a new industry standard for foreclosure mitigation. Potentially hundreds of thousands more struggling borrowers will be enabled to stay in their homes at an affordable monthly mortgage payment.
Beyond these efforts, there has been significant work to design and evaluate a number of proposals to induce further modifications. Each of these would, however, require substantial government subsidies. The FDIC, for example, has developed a proposal that Treasury and others in the Administration continue to discuss. I believe it is an important idea. As we evaluate the merits of any new proposal, we also will have to identify and justify the means to finance it. We must be careful to distinguish this type of assistance, which essentially involves direct spending, from the type of investments that are intended to promote financial stability, protect the taxpayer, and be recovered under the TARP legislation. Maximizing loan modifications, nonetheless, is a key part of working through the housing correction and maintaining the quality of communities across the nation, and we will continue working hard to make progress here.
We will continue to pursue the three strategies I have just outlined: how best to strengthen the capital base of our financial system; how best to support the asset-backed securitization market that is critical to consumer finance, and how to increase foreclosure mitigation efforts. All of these strategies are important, but ensuring the financial system has sufficient capital is essential to getting credit flowing to consumers and businesses and that is where the bulk of the remaining TARP funds should be deployed --- in a program to support the system and as a contingency reserve for addressing any unforeseen systemic events.
We are focused on developing and preparing programs which can be implemented for each of these strategies. We will continue to brief President-elect Obama's transition team on all of these issues.
Global Challenge
Of course managing through this market turmoil while mitigating the impact of the credit crisis is a global as well as a national issue. We in the U.S. are well aware and humbled by our own failings and recognize our special responsibility to the global economy. The U.S. housing correction exposed gaping shortcomings in the outdated U.S. regulatory system, shortcomings in other regulatory regimes and excesses in U.S. and European financial institutions. These institutions found themselves with large holdings of structured products, including complex and opaque mortgage-backed securities. Some European institutions were characterized by high leverage, exposure to their own housing markets, exposure to Central European institutions, weak business models or overly aggressive expansion, while others faced weaknesses because of inadequate depositor protection systems. It should not be surprising that after 13 months of stress in the global capital markets, banks from the U.S. to the U.K., from Germany to Iceland, from Russia to France, had difficulties that exposed some of these weaknesses for the first time. For some of these banks, this proved to be a hurdle too high and government action was necessary to support financial stability.
In that regard the G7 Finance Ministers meeting last month represented a major turning point in stabilizing the global financial system as the ministers came together to support a number of powerful strategies that were soon turned into effective actions in the United States and Europe. It is also clear that our first priority must be recovery and repair. And of course we must take strong actions to fix our system so that the world does not have to suffer something like this ever again. The Leaders summit President Bush will be hosting this weekend marks a very important step in what will be an ongoing process of recovery and reform.
And to adequately reform our system, we must make sure we fully understand the nature of the problem which will not be possible until we are confident it is behind us. Of course, it is already clear that we must address a number of significant issues, such as improving risk management practices, compensation practices, oversight of mortgage origination and the securitization process, credit rating agencies, OTC derivative market infrastructure and regulatory policies, practices and regimes in our respective countries. And we recognize that our financial institutions and our markets are global, but our regulatory regimes are national, so we will examine how best to improve cooperation and information sharing to foster global financial system stability.
But let us not forget one fundamental issue which lies at the heart of our problems. Over a period of years, persistent and growing global imbalances fueled a dramatic increase in capital flows, low interest rates, excessive risk taking and a global search for return. Those excesses cannot be attributed to any single nation. There is no doubt that low U.S. savings are a significant factor, but the lack of consumption and accumulation of reserves in Asia and oil-exporting countries and structural issues in Europe have also fed the imbalances.
If we only address particular regulatory issues – as critical as they are – without addressing the global imbalances that fueled recent excesses, we will have missed an opportunity to dramatically improve the foundation for global markets and economic vitality going forward. The pressure from global imbalances will simply build up again until it finds another outlet.
The nations attending this weekend's summit represent the 20 largest economies in the world – over 77 percent of global GDP. President Bush is convening this group of countries to discuss and address problems such as global imbalances, making regulatory regimes more effective, fostering cooperation among regulators, and reforming international institutions to better address today's global economy. We can't simply task the IMF, the FSF or other International Financial Institutions to solve the problems, unless member nations all see that they have a shared interest in a solution. There are no easy answers, because until we reach a consensus on a broad-based reform agenda, we will not reach a solution. This weekend provides an opportunity for nations to take an important step, but only one step, on the necessary path to reform.
Conclusion
The road ahead, for the U.S. economy and the global economy, is full of challenges. And it will take strong leadership to address them. I am confident the United States, under this and the next Administration, will rise to these challenges. I will do everything I can to put us on the right path, both by working diligently through the end of my term and by working closely to ensure the smoothest possible transition.
Wednesday, November 12, 2008
Interim Assistant Secretary for Financial Stability Neel Kashkari Remarks at the SIFMA Summit on the TARP
New York - Good morning and thank you for that kind welcome.
I am here today to provide a comprehensive update on the Treasury Department's progress in implementing the Troubled Asset Relief Program (TARP), which is a major component of the overall coordinated effort by the Federal Government to restore confidence in our financial system and ensure that credit continues to be available to consumers and businesses. In the past year, a number of complementary actions have been taken by the Administration, the Federal Reserve, and the financial regulatory agencies to maintain confidence in the viability and soundness of the U.S. financial sector.
This morning, I'd like to put a special emphasis on the Capital Purchase Program that Secretary Paulson announced 27 days ago on October 14. We at Treasury are in deep execution mode, launching and implementing a program that would typically take months or years to establish. Since the President signed the legislation creating the TARP, we have made tremendous progress on several fronts, but recognize that much more work remains to be done.
Today, I will brief you about five areas. First, I will discuss Treasury's progress implementing the Capital Purchase Program. Second, I will review some of the important developments in procuring essential services for the program. Third, I will describe how we have built up the leadership of the Office of Financial Stability and note a few of our recent critical additions to our team. Fourth, I will give you a detailed update on our important continuing work to meet the highest compliance requirements. And finally, I will briefly discuss our next steps.
However, before I start, I want to take a moment to discuss the actions we took today with American International Group (AIG) and how that relates to the TARP. The TARP's foremost purpose is to stabilize the financial system. We used TARP funds to purchase preferred stock in AIG, as part of a broader restructuring of their balance sheet, in coordination with the Federal Reserve. This action was necessary to maintain the stability of our financial system. In return, AIG must comply with stringent limitations on executive compensation for its top executives, golden parachutes, its bonus pool, corporate expenses, and lobbying. We recognize that the financial system remains fragile and we continue to stand ready to prevent systemic failures. We worked with the Congress to ensure the TARP included sufficient flexibility to do just this.
Implementation of the Capital Purchase Program
On Tuesday, October 14, Treasury announced a voluntary Capital Purchase Program (CPP), which we subsequently followed on October 20 with streamlined application guidelines. In developing this program, we worked closely with the four federal banking regulatory agencies with the following two policy objectives in mind. One, the CPP is intended to strengthen our financial system by increasing the capital base of a broad array of institutions. And two, the capital program aims to increase the flow of financing to businesses and consumers to support our economy.
Terms of the Capital Purchase Program
With these policy objectives in mind, let me describe the terms of the program. We designed the terms to be attractive to encourage broad participation, while also including important taxpayer protections.
Under the program, Treasury will purchase up to $250 billion of senior preferred shares on standardized terms, including a 5 percent dividend for five years, which then increases to 9 percent. The Capital Purchase Program is available to a broad array of financial institutions of all sizes- including qualifying U.S. controlled banks, savings associations, and certain bank and savings and loan holding companies.
We have allocated sufficient capital, $250 billion, so that all qualifying banks, potentially thousands, can participate. Therefore, it is important to note that Treasury will not implement this program on a first-come-first-served basis; there is enough capital allocated for all qualifying institutions.
The terms for this program are the same for all institutions that apply before the program deadline of November 14. We are working hard to finalize and publish the required legal documents so private banks can participate as well on the same economic terms as public banks. The November 14 deadline will be extended for private banks so they have time to apply.
The minimum subscription amount available to a participating institution is 1 percent of risk-weighted assets. The maximum subscription amount in this program is the lesser of $25 billion or 3 percent of risk-weighted assets.
The funds we deploy in this program are an investment for taxpayers. The government will not only own shares which we expect to yield a reasonable return, but will also receive warrants for common shares in participating institutions. These warrants allow the taxpayer to benefit from any appreciation in the market value of the institution.
We have designed important features into the Capital Purchase Program to help ensure our policy objectives of strengthening the financial system and facilitating the availability of credit are met. First, we barred any increase in dividends for three years. Second, we restricted share repurchases. Increasing dividends or buying back shares would undermine our policy objective by taking capital out of the financial system. Some people have suggested that we should have barred dividends altogether. But this would have made private investments in our financial institutions less attractive. We want to encourage private capital to flow into the financial sector.
The program also has requirements to meet the guidelines set out by Congress in the law on executive compensation. Institutions that sell shares to the government under the program accept restrictions on executive compensation during the period that Treasury holds equity. Details of these executive compensation requirements are listed on the Treasury website.
Linkages to Increased Bank Lending
As Secretary Paulson explained, this program has the objectives of strengthening the financial system and increasing credit to our economy. A stronger capital base, especially for healthy banks, provides them with additional capacity to lend. They can provide loans to new or existing customers. Notably, healthy banks that take advantage of this program can now service clients that impaired banks, constrained by insufficient capital, cannot. We've already heard from regional banks who have applied to the program and plan to use the funds to take on new borrowers. To many banks, this is just common sense.
In addition, the financial incentives to make new loans are both strong and clear. A bank's return on capital will decrease if it simply hoards the additional equity. Its shareholders will demand that the bank put the capital to the best use possible or watch their returns suffer.
Application Process
Let me now outline the application process for the Capital Purchase Program.
On Monday, October 20, Treasury announced a streamlined, systematic process for all publicly owned banks wishing to access this program. We worked with the four banking regulatory agencies to finalize the application process.
There is a common application form that all qualified and interested financial institutions use to submit to their primary regulator – the Federal Reserve, the FDIC, the OCC or the OTS. This common application form is available on the websites of all the regulatory agencies.
As a first step to applying for the program, banks should review the information on the Treasury website and consult with their primary federal regulator. They can go to the regional office of their primary regulator anywhere in the country, be it California, Kansas or Texas. After this consultation process, the institution should submit an application to that same regulator.
Evaluation Process
Treasury worked closely with the banking regulators to establish a standardized evaluation process; this means that all regulators will use the same standards to review all applications to ensure consistency.
Once a regulator has reviewed an application, it will take one of the following three actions:
- For applications it does not recommend, it may encourage the institution to withdraw the application.
- For applications it strongly believes should be included in the program, it directly sends the application and its recommendation to the TARP Investment Committee at the Treasury Department.
- For cases that are less clear, the regulator will forward the application to a Regulatory Council, made up of senior representatives of the four banking regulators for a joint review and recommendation. Treasury is an observer on the Council. The Regulatory Council will make a joint recommendation of either withdrawal or approval.
The Treasury TARP Investment Committee reviews all recommendations from the regulators. This committee includes our top officials on financial markets, economic policy, financial institutions, and financial stability, as well as the Chief Investment Officer for the TARP, who chairs the Committee.
This is a Treasury program and Treasury makes the final decision on any investments. However, the Investment Committee gives considerable weight to the recommendations of the banking regulators. The Investment Committee is an advisory committee which makes recommendations to the Assistant Secretary for Financial Stability who makes the final decision on preliminary approval. In some cases, the Committee will send the application back to the primary regulator for additional information, or even remand it to the Regulatory Council for further review. At the end of the evaluation process, Treasury notifies all approved institutions.
Institutions then have 30 days to complete the required documents before we fund the transaction. All completed transactions will be publicly announced within two business days of execution, as required by the law. We will not, however, announce any applications that are withdrawn or denied.
We recognize that, in some cases, participating banks will need shareholder approval before completing the preferred stock investment. Moreover, the operational and processing complexity of executing hundreds or even thousands of these transactions is extraordinary. As such, we have brought-in the requisite expertise and are setting up a formal transaction processing model to ensure high quality and rapid execution. We have asked our master custodian, the Bank of New York Mellon, to handle much of the document management. In addition, we have engaged two outside law firms to help manage and close individual transactions. Senior Treasury staff oversee all aspects of the program. Any questions about the application process should be directed to the regulators.
Capital Deployed
While Treasury kicked off the program by signing final agreements with nine large financial institutions, we are now working diligently with the federal banking agencies to process applications from hundreds of other institutions. We have granted preliminary approval to a number of them.
Each transaction includes execution of at least three documents: a stock purchase agreement; a certificate of designation; and a warrant purchase agreement.
People often ask when we will see banks making new loans. First, we must we must recognize that less than half the money is out the door. Given the complexity of executing these numerous transactions, it will take a few months to complete all of these investments. Second, although progress has been made in the last month, our capital markets remain fragile and confidence is still shaky. As confidence returns to our institutions and our markets, we believe banks will put this capital to use by extending loans to creditworthy businesses and consumers. The last thing we want, however, is to encourage banks to resume the poor lending practices that are the cause of the current economic problems.
Procurement
Now, let me turn to the procurement of services to support the TARP.
Our approach to procurement is based on the following strategy. First, in order to protect the taxpayers, we will seek the very best in private sector expertise to help execute this program. Second, we believe, to the extent possible, everyone should have a right to compete for these contracts, especially small businesses, veteran-owned businesses, and minority and women-owned businesses. Third, we are taking appropriate steps to mitigate potential conflicts of interest.
Since our last detailed update, we have hired several firms to assist execution of the programs:
- Accounting Services: We solicited six firms off GSA Federal Supply Schedule and awarded a contract to Ernst & Young.
- Accounting Internal Controls Support: We again solicited six firms off GSA Federal Supply Schedule and awarded a contract to PricewaterhouseCoopers.
- Legal Services for review of documents under the CPP: We solicited five firms off GSA Federal Supply Schedule and awarded Blanket Purchase Agreements to: Hughes, Hubbard & Reed and Sanders & Dempsey.
- Human Resources Support: We solicited four firms off GSA Federal Supply Schedule and awarded a contract to Lindholm & Associates.
On Friday, November 7 we published a new notice for financial agents to serve as asset managers for the equity, warrants and senior debt issued to the Treasury by financial institutions participating in the CPP. This solicitation is open to all entities that meet minimum qualifications and responses are due within six days on Thursday, November 13 at 5pm. We set the minimum requirement at $100 million in assets under management to ensure that all qualifying small, veteran, minority and women owned businesses may respond. Finally, all of our completed contracts and financial agency agreements are available on the Treasury website.
Recruitment
Recruiting the right people is essential to the success of this program and we continue to move quickly. It will obviously take time to bring on board permanent members of the team that will manage this program over the long term. While the permanent team is being identified for tomorrow, we are tapping the very best, seasoned, financial veterans to help launch the program today and provide stability during the transition. We have been successful in recruiting outstanding interim leaders for key positions in the Office of Financial Stability. In each case, the interim official is charged with: One, setting up the office; two, hiring permanent staff; three, operationalizing our programs; and, four, identifying their permanent successor.
The team is growing daily and the team members are too numerous to name individually. However, I want to highlight a few of our key interim leaders we have added in the last few weeks:
- James Lambright, Chairman and President of the Export-Import Bank, has joined as our interim Chief Investment Officer. At Ex-Im since 2001, Jim brings both public and private sector experience underwriting and executing multi-billion dollar deals, including invaluable expertise in real estate banking at Credit Suisse.
- Don McLellan is serving as our Capital Purchase Program Manager. He previously worked at Motorola, where he served as the Senior Vice President for M&A and strategy. A transactional attorney by training, Don has 18 years of experience managing large, complex corporate transactions, including mergers and acquisitions, private equity investments, financings, corporate restructurings and IPOs.
- Howard Schweitzer is serving as interim Chief Operating Officer. He brings in-depth knowledge of government operations and financial transactions to the TARP team. Since 2005, Howard has been senior vice president, general counsel and a member of the senior management committee of the Export-Import Bank.
These leaders round out what I call our "Joint Chiefs" – which include previously announced management personnel. These leaders are actively building out their operations and contributing to all phases of the TARP. The Office of Financial Stability now has about forty dedicated personnel and will need to expand further to ensure high quality execution.
Compliance
Let me now turn to compliance. We are committed to transparency and oversight in all aspects of the program and continue to take strong action to make sure we comply with the letter and the spirit of the requirements established by the Congress. We want to inform the public as much as possible about our operations, so we have posted an abundance of information on the Treasury website to allow everyone to have insight into our actions.
First, we moved quickly to establish the Financial Stability Oversight Board. The law required the first board meeting to take place within fourteen days and then meet monthly thereafter. Again, we moved rapidly and the new Oversight Board met within four days and has met four times in the five weeks since the President signed the law, including just yesterday to discuss the AIG investment.
Second, Treasury staff continues to meet regularly with both the Government Accountability Office, who has an on-site presence at Treasury, as well as Treasury's Inspector General. A search is underway to identify a permanent Special Inspector General for this program.
Third, on October 29, we released transaction reports for the first nine investment commitments we made under the Capital Purchase Program. The law requires such disclosure within two business days of entering into such a commitment. Last week, on November 4, we submitted the first Tranche Report to Congress, which is required by law within seven days of committing each $50 billion. The report we submitted covered the first $125 billion that we committed under the CPP. We will issue additional reports when further commitments are made and thresholds are crossed.
As you can see, Treasury is committed to an open and transparent program with appropriate oversight. We look forward to continuing to brief the Oversight Board, the Inspector General, the Comptroller General, and the Congress as we set up and execute this program. Transparency will not only give the American people comfort in our execution, it will give the markets confidence in what form our action will take.
Next steps
Since the announcement of our Capital Purchase Program, and the coordinated actions with the Federal Reserve and FDIC, we have seen numerous signs of improvement in our markets and in the confidence in our financial institutions. For example, the average credit default swap spread for the eight largest U.S. banks has declined almost 245 basis points since before Congress passed the law. One month LIBOR has declined 243 basis points and three month LIBOR has dropped 192 basis points.
Nonetheless, while there have been recent positive developments, our markets remain fragile.
We have accomplished a great deal in a short period of time. But our work is only beginning. As I previously described, the operational scale and complexity to execute hundreds or even thousands of investments in banks across the country is extraordinary. It will take months to fully execute and fund all of these transactions. We are working around the clock to make it happen quickly while ensuring high quality execution. We intend to keep the incoming Administration fully apprised of our initiatives so that there is smooth transition as the leadership of the Treasury changes hands.
Our goal is to use the TARP to attack the root cause of the financial market turmoil, so American families and businesses can get the credit they need. This is Secretary Paulson's highest priority.
We will continue to provide you with regular updates on our progress. Thank you.
Treasury to Invest in AIG Restructuring Under the Emergency Economic Stabilization Act
Washington, DC-- The Treasury Department today announced that it will purchase $40 billion in senior preferred stock from the American International Group (AIG) as part of a comprehensive plan to restructure federal assistance to the systemically important company. Together with steps taken by the Federal Reserve, this restructuring will improve the ability of the firm to execute its asset disposition plan in an orderly manner. AIG will use the equity to pay down $40 billion of the Federal Reserve's secured lending facility.
Under the agreement AIG must be in compliance with the executive compensation and corporate governance requirements of Section 111 of the Emergency Economic Stabilization Act. AIG must comply with the most stringent limitations on executive compensation for its top five senior executive officers as required under the Emergency Economic Stabilization Act. Treasury is also requiring golden parachute limitations and a freeze on the size of the annual bonus pool for the top 70 company executives. Additionally, AIG must continue to maintain and enforce newly adopted restrictions put in place by the new management on corporate expenses and lobbying as well as corporate governance requirements, including formation of a risk management committee under the board of directors.
Treasury exercised its authority to purchase troubled assets under the Emergency Economic Stabilization Act.
Treasury Announces Solicitation for Financial Agents under the Emergency Economic Stabilization Act
Washington, DC--The Treasury Department posted today a solicitation for financial agents to provide services that are needed for the effective implementation of the Capital Purchase Program being administered under the Emergency Economic Stabilization Act. The services being sought are:
- Equity, Debt, Warrants Asset Management Services
All interested and eligible parties that meet the requirements and guidelines required of the service should submit requests by the 5 p.m. (EST) on Nov 13, 2008.
These services are being obtained through the Treasury's authority to retain financial agents to provide services on its behalf as provided for under the Emergency Economic Stabilization Act. These are not contracts governed by the provisions of the Federal Acquisition Regulation.Treasury Hires Legal Firms Under the Emergency Economic Stabilization Act
Washington- The U.S. Treasury Department today announced that Hughes Hubbard & Reed, LLP and Squire Sanders & Dempsey, LLP will assist the Department in the implementation of the Capital Purchase Program authorized under the Emergency Economic Stabilization Act. Treasury procured the services of the law firms on Wednesday.
The firms will help the Department with executing transactions under the program, which includes reviewing executed investment agreements, working directly with accepted financial institutions to identify and resolve any legal issues before closing, and conducting the closing of transactions.
The agreements with the firms are effective until April 28, 2009. Treasury issued a request for quotes from five firms on the General Services Administration's Federal Supply Schedules on October 24. The Department received four quotes in response. Based on the estimated transactions under the program, total costs for each firm is not expected to exceed approximately $5.5 million.