Here's the text of the 3 page bailout plan proposal
sent by the White House to lawmakers on September 19th,
2008:
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.
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