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New Democratic Bailout Proposal
There are various plans being circulated right now by Hill Democrats, laying out alternative frameworks for a Wall Street bailout.
We just obtained one from Rep. Brad Sherman (D-CA), a member of the House Financial Services Committee. According to Sherman's press secretary, the congressman just presented this proposal at a meeting with other members.
Sherman's plan covers all of the major points that Democrats have been insisting on -- strong Congressional oversight of any agreement, limits on executive pay, protection for homeowners. It also adds some more provisions, including an economic stimulus, and a measure to make it easier and quicker for Congress to enact future corporate governance reform.
This morning, Rep. Sherman told The Hill, referring to the Bush administration's bailout proposal: "This is a bill for Wall Street, not a bill for Main Street."
He added: "Wall Street and the administration are going all out to tell constituents, 'Make your congressman vote for our bill, or your 401(k) [retirement plan] is toast.' "
Sherman's complete proposal follows after the jump...
Discussion Points on Bailout Plan
1) Supervision. The Secretary of the Treasury shall not enter into
any contracts or purchase agreements unless such contract or purchase
agreement is approved by a bipartisan three member Board. Before we
pass the bill, Bush must unequivocally agree to appoint one person
selected by the Speaker and one selected by the Senate Majority Leader
to the Board. Asset purchase agreements of less than $1 billion and
service contracts providing for fees of less than $10 million are exempt
from this requirement.
2) Fast track for Regulatory & Corporate Governance Reform.
Throughout the 111th Congress, the Speaker of the House of
Representatives and the Majority Leader of the United States Senate,
shall have the following extraordinary power: to call up any bill
dealing with corporate governance and/or financial services reform under
the following rules: the bill shall be subject to limited debate,
followed by an up or down vote.
3) Tough Standards on Executive Compensation. Upon the sale of any
mortgage related asset to the United States Treasury by any corporation,
the following shall be applicable: any executive compensation contract
calling for compensation in excess of the amounts which are deductible
under Internal Revenue Code Section 162(m), is hereby void as against
public policy. No executive compensation agreement or practice shall be
engaged in by the selling entity, providing for compensation that is not
deductible under Internal Revenue Code 162(m). This provision is
applicable to the entity selling a mortgage related assets to the
Treasury and all affiliates of such entity. Affiliates is as defined in
Internal Revenue Code Section 1504.
4) US Investors Only: No mortgage related asset shall be purchased
under the bill unless it is established that such asset was owned on
September 20th, 2008, by an entity headquartered in the United States.
5) Obligation to invest in the United States. Any entity selling
assets under this bill to the United States must agree to invest the
proceeds of such sale in the United States for no less than 5 years.
6) Homeowner States Rights Not Preempted. The federal government
in its role as holder of any mortgage, shall have no greater rights via
the mortgagor than would a private entity owning said mortgage. The
federal government shall comply with all state and local laws which
protect such mortgagor, not withstanding any argument that the federal
government is exempt therefrom.
7) Reports to Congress. The reports to Congress required by
Section 4 of the Paulson Act shall be rendered every 2 weeks, for so
long as said act is effective.
8) Minority and small business contractors Buy American. At least
10% of the asset (in dollar volume) management contracts and advisor
contracts must be small enough that a firm of 100 or fewer staff could
perform the contract. Otherwise, minority and small business will be
effectively excluded. In contracting with private entities for services
regarding the acquisition and management of mortgage related assets, the
Secretary of the Treasury shall be bound by all applicable laws designed
to benefit minority-owned businesses, women-owned businesses, and small
businesses and shall be bound by all applicable "Buy American"
provisions.
9) Review. Section 8 of Secretary Paulson's proposal is deleted.
The actions by the Secretary shall be reviewable by administrative
agencies and courts of law as provided by existing law.
10) Homeowner protection/bankruptcy reform.
11) Economic Stimulus.
-Brad Sherman
Late Update: Sen. Chris Dodd's proposal, which would give
the U.S. Treasury an equity stake when it helps companies burdened by debt, is here.





Eliminate the economic stimulus (assuming it's the same as the first one) and I like it.
September 22, 2008 4:33 PM | Reply | Permalink
Countrywide First!
September 22, 2008 8:44 PM | Reply | Permalink
Kudos to Rep. Sherman for developing his plan. It allows Congress to supervise the Treasury, provide rights to homeowners, limits huge executive windfalls, prevents the money from subsidizing foreign debt, and encourages contracts to minority and "Buy American" firms.
This is exactly what Democrats need to do, and fast: develop and get behind concrete proposals that provide unambiguous oversight requirements. If they delay in getting in front of this, Bush will railroad through a plan that allows his Treasury secretary to doe out our $700 billion as he pleases so that the bailed-out companies can go out and loose it again.
September 22, 2008 4:50 PM | Reply | Permalink
"Eliminate the economic stimulus (assuming it's the same as the first one) and I like it."
Its not the same as the first.
"The plan would include new spending for infrastructure, an extension of unemployment benefits, energy assistance to lower-income families and aid to states to help pay Medicaid health-care costs for the poor"
If we can give 700 billion to wall street then 50 billion for poor people doesn't seem too unreasonable
September 22, 2008 4:51 PM | Reply | Permalink
Congressmen Sherman is my representative here in the Los Angeles area and to all who may read this understand he is..
1) an CPA
2) an Attorney
So, he has background and understanding in order to propose the bailout details.
He has Creditability!
Can any of the Republican's say that!!!?
NO
September 22, 2008 4:52 PM | Reply | Permalink
Have to agree there with 1oldlady. Sherman used to be my Congressman before we moved to a different part of L.A. - now rep'd by the non-existent Diane Watson. Sherman is a sharp guy and not a grandstander. This bill is a good start to necessary reform.
September 22, 2008 4:59 PM | Reply | Permalink
Fantastic plan, well-articulated and balances the needs of all affected/interested parties.
Incidentally, you should check out Sherman's "better know a district" segment on The Colbert Report. This man is serious when called for and quite funny when the time is right.
September 22, 2008 5:05 PM | Reply | Permalink
And there really really are WMD,
I promise with all my heart this time -
cmon be patriotic -
-
suckers
September 22, 2008 5:09 PM | Reply | Permalink
NIt's not good enough yet. I don't want to kick the can of regulatory reform down the road any further, and I don't trust most Congressional Dems to undertake regulatory reform unless their feet are REALLY being held to the fire. Too much neolib/DLC history from the 1990s.
September 22, 2008 5:11 PM | Reply | Permalink
I am very glad to see that supervision is at the top of that list.
September 22, 2008 5:28 PM | Reply | Permalink
Would anyone here mind if there were a provision to stop dividend payments so taxpayer money isn't going into profits until the freeloaders are solvent once again?
How about a provision blocking any of these criminal enterprises from being forced to move their customer services back to the US from India or wherever?
September 22, 2008 5:46 PM | Reply | Permalink
I understand your sentiment, but going after dividends is small change stuff.
That's why I'd say no equity participation, no bailout. You want part ownership. Sure, the free marketers on the right will wail about nationalization, but presuming the bailed out financial firms survive, the government can then sell its shares back to the public, recovering some of the costs of the bailout.
The way to ensure that the owners of the financial firms don't profit egregiously is to take a significant equity stake from them in exchange for whatever assets the taxpayer would buy.
September 22, 2008 5:52 PM | Reply | Permalink
Sherman isn't proposing that the government receive an equity interest in the financial firms it would bail out. That's a major omission.
Unless you dilute the shareholders of the firms that need the bailout, you're effectively rewarding them for their mismanagement. If the government is taking the losses, it should get a share of the rebound in the form of equity. Proposals without that, or some equivalent upside participation, are essentially a handout to financial firms that made bad bets. And that would be a bad deal for taxpayers.
As I understand it, Chris Dodd's proposal would include that. Obviously the banks wouldn't want to give up equity if they didn't have to, but that becomes a reasonable barrier to entry for the bailout: if you need government funds, you have to be willing to share some of your potential future profits with the government.
Also, while the clause restricting the bailout to U.S. firms sounds nice and nationalistic, global finance is so interconnected that failure of, say, UBS or Barclay's could have a significant impact on our economy also. Again, making the bailout contingent on equity solves that, as any firm, foreign or domestic, that wants the U.S. to buy its "toxic waste" would need to sell our government some of its equity to participate.
September 22, 2008 5:48 PM | Reply | Permalink
Too complex, too vague, and too much regulation required. In short, doomed to fail. It is absolutely essential, in my opinion, that we redirect the focus of the assistance towards borrowers and away from lenders.
September 22, 2008 5:58 PM | Reply | Permalink
Brad Sherman is my rep here in L.A. and I like him a lot. I'm a little concerned about the populist notion of bringing small business and minority-owned businesses into this. It's going to be clunky in the short term, and while I agree that BushCo is cramming their version down our throats, there is in fact a certain amount of urgency to unfreezing the credit markets.
September 22, 2008 6:28 PM | Reply | Permalink
AND...let's keep in mind at all times that the banks whose CMOs and CLOs we're proposing to take off their hands are NOT the mortgage bankers and brokers who made the bad loans to homeowners. What they did was lend too much money to hedge funds who ran off and left them holding the collateral, i.e. the CMOs and CLOs.
September 22, 2008 6:30 PM | Reply | Permalink
Is that haircut standard issue for CPA/Lawyers's?
Wow... adult supervision.
September 22, 2008 6:50 PM | Reply | Permalink
Here are some suggestions that a friend sent me yesterday and I have been sending around.
We (taxpayers) definitely need equity until we recoup our investment.
1. Only U.S. domesticated banks are eligble to participate- - no foreign banks or U.S. subsidiaries or affiliates of foreign banks are eligible. No entity that holds MBS for investment purposes only(i.e. hedge funds and mutual funds) are eligible to participate. (The purpose of the Fund is to free up capital to loan to U.S. borrowers- - not to bail out speculative investors.)
2. Any entity availing itself of the Fund can not pay any officer, director or employee more than the annual pay of the highest paid U.S. government civil servant until the Fund recoups 100% of the amounts advanced by the Fund to that entity, together with interest.
3. No officer or director of any entity availing itself of the Fund can sell stock in that entity until the Fund recoups 100% of the amounts advanced to that entity, together with interest.
4. No dividends may be paid by any entity availing itself of the Fund until the Fund recoups 100% of the amounts advanced by the Fund to that entity, together with interest.
5. In the event the Fund does not recoup 100% of the amounts advanced to an entity within a reasonable period (i.e. 3-5 years), the Fund will receive warrants equal to 79.9% of equity securities of such entity.
6. All amounts advanced by the Fund to an entity must be placed in a segregated account and LOANED to customers of that entity at commercially reasonable rates and terms. Such amounts can not be used by the entity for trading or investment purposes (remember were doing this for Mainstreet, not to create the next bubble.)
7. The costs of the Fund(i.e. the temporary federal agency) will be ratably paid for by Fund participants by issuance of warrants in the participating entities or by cash payment.
If an entity is not willing to comply with the above, then they are not eligible to participate.
September 22, 2008 6:50 PM | Reply | Permalink
How about retroactively taking back Wall Street bonuses!
http://tpmcafe.talkingpointsmemo.com/talk/2008/09/fair-market-solution-retroacti.php
September 22, 2008 10:44 PM | Reply | Permalink
If you have any questions regarding the large exit funds...
check this one out
http://www.independent.co.uk/news/business/news/fury-at-25bn-bonus-for-lehmans-new-york-staff-937560.html
Get mad, really mad! Who's your daddy....
September 22, 2008 7:42 PM | Reply | Permalink
On point #1: all the asset purchase agreements can easily be under the $1 billion threshold, but still cumulatively, amount to... you name it. It's the simplest exercise in renaming the recipient, i.e. straw men.
Just to start.
September 22, 2008 7:57 PM | Reply | Permalink
no equity. no deal.
September 23, 2008 1:55 PM | Reply | Permalink
I'd like to see Reich's proposal incorporated into Sherman's proposal. TPM had it yesterday here: http://tpmcafe.talkingpointsmemo.com/2008/09/21/what_wall_street_should_do_to/index.php
Especially, I like these things, and I think they're necessary to impose some "cleanliness" on this situation:
September 23, 2008 2:42 PM | Reply | Permalink