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Bailout Oversight: Too Little, Too Late?

Remember back in September when Congress blocked the Bush administration's initial effort to ram through a bailout bill that would have given Treasury Secretary Hank Paulson virtually unlimited authority to spend $700 billion however he saw fit?

Among the measures that Congressional Democrats successfully held out for -- against the wishes of the White House -- were meaningful oversight mechanisms that would allow Congress and others to track what the Treasury Department is doing with all that money.

That seemed like a victory for taxpayers at the time. But now, over two months later, we've learned a bit about what those oversight mechanisms have been able to provide. And there's real reason to question whether in fact they were designed adequately for the task in the first place.

"It's a mess," Eric M. Thorson, the Treasury Department's inspector general, told the Washington Post last month. "I don't think anyone understands right now how we're going to do proper oversight of this thing."

Perhaps the single biggest obstacle to adequate oversight of Treasury is how little oversight Treasury itself is exercising over the bailout funds, whether through indifference or an inability to hire qualified staff. In the first report issued by the Congressional Oversight Panel (COP) -- the main oversight mechanism that Congress fought to include in the bailout bill, over Paulson's objections -- the authors made clear that they were concerned about Treasury's lack of tracking mechanisms: "Treasury cannot simply trust that the financial institutions will act in the desired ways; it must verify." But COP also suggested that it was prevented from going further by the fact that Treasury wasn't keeping extensive enough records of its allocation of funds to be able to provide much more information.

A different overseer, the Government Accountability Office -- which functions as the investigative arm of Congress -- drew similar, albeit somewhat firmer, conclusions about Treasury's handling of the bailout money. Its preliminary report last week found a litany of problems, perhaps most fundamentally that there were no procedures to ensure that bailout funds are used as intended.

Just as important, the system of oversight doesn't appear to have been set up under conditions that would have allowed it to function effectively. With just three paid staff members (who started only this week -- two days before the panel's first report was to be released), COP was still struggling to get office space as it was preparing the report. Warren confirmed in an email to TPMmuckraker that "time constraints" had played a role in limiting the scope of the report's conclusions, saying that the panel met for the first time only two weeks ago.

Congress dragged its feet in naming the panel's members: although the bailout bill was passed in early October, they weren't named until mid-November. And it hasn't helped that Senate GOP leader Mitch McConnell still hasn't named a replacement for Sen. Judd Gregg, who stepped down last week as one the panel's two Republicans, saying he was too busy.

Still, at least GAO and the Congressional panel have been in place long enough to offer those reports. The single person who's most directly responsible for overseeing Treasury's bailout spending, Special Inspector General for the bailout, Neil Barofsky, was only confirmed this week. That's because one unnamed Republican senator -- it now seems all but certain that it was Kentucky's Jim Bunning -- placed a hold on Barofsky's nomination.

Congress may be talking belated steps to fix the problem. The Senate yesterday passed a bill that would let Barofsky investigate any use of bailout funds that he deems questionable, and hire auditors for the job. And the House has passed an amendment to the auto bailout bill that would require banks to say more about what they're doing with the TARP money.

Still, it appears that the rush to take action affected not just Treasury -- which was clearly scrambling to set up the bailout program without adequate record-keeping -- but also Congress, which failed to ensure that the oversight system it set up was designed as effectively as it needed it to be. And much of the damage may already have been done.


7 Comments

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I firmly believe the GOP should be renamed.."crooks R us"....liars, thieves and crooks...every one!

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Nonsense I say, nonsense. What is all this Socialist emphasis on "oversight"? Whatever happened to good old-fashioned American values like blindly trusting your friendly mega-bank to wisely use billions of taxpayer dollars? Faith people, you should have faith. We bank executives are your betters, and know what's best for you. So don't trouble your feeble heads. You must accept that what we do with your money is for the best, because we say it's so. And be reassured: not more than a large percentage of the bailout funds have been siphoned to us insider shareholders.

A BANK CEO

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When this bailout was first proposed, the question was raised in this comments section concerning whether or not any attention would be paid by the Bush Administration to any oversight provisions considering the Bush "Signing Statements" and his complete disregard of all laws.

It has turned out that comment was right on the money (pun intended).

I, for one, do not buy into the theory that George W. Bush is incompetent, just that the MSM has been incompetent in determining what his actual agenda has been. I believe he has been outstandingly successful with his agenda, which is to create just the financial meltdown and lack of confidence in American institutions that we are now experiencing.

The entire Bush Administration has been very successful in destroying America's confidence in a democratic form of government and in stealing everything which is portable or can be transferred electronically. Just think: What would have been done differently if this was true? Absolutely nothing.

Another article on this blog indicated that the amount of dollars in circulation has doubled in the past two - three years. A good question would be: "Where are all these dollars?" They haven't shown up in my pocket or at any bank I have any dealings with, so where are they.

A good investigative reporter should be wondering just who has posession of all those trillions of new dollars.

The Democrats in Congress are now just as responsible since they have endorsed the Bush plan of destroying the USA as a democracy. They helped him pass the "Protect America Act", which does nothing to protect Americans, but just deprives Americans of most of the provisions of the Bill of Rights.

The Democrats have also helped Bush pass these bailouts which are just another way to transfer wealth from the common people to the very wealthy.

All this assistance from the Democrats makes one wonder just why they seem to be so supportive of Bush and the Republicans. Pelosi taking impeachment off the table, Investigations which continually result in "Sternly worded letters" which are ignored, subpoenas which are ignored, etc., etc.

It has gotten so bad that one logical explanation is that our Democratic Senators and Representatives are being blackmailed using information gathered through illegal wiretaps conducted while GHW Bush was head of the CIA and was president. Another explanation would be that the Democrats actually support the Bush Administration's attempts to destroy America as a democracy.

Neither explanation is flattering to the Democrats. Other explanations would be welcome, remembering that incompetence is 'off the table'.
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Johann,

exactly, I've been criticizing today's Democratic leadership for the hand they had in creating this economic tsunami. We expect this shit from Republicans but not from the "opposition party."

Bill Clinton, Dodd, Schumer, Hoyer, Biden, Carper, Feinstein etc. all got in bed with the Republicans, with Phil Gramm, and with the Wall Street sharks and you see the result today.

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I agree completely - this is ideological warfare conducted under the camouflage of farce.

And it's not just THIS Bush administration. Dad, George HW "Not In The Loop" Bush, seemed to have an abiding dislike for the Constitution, too. And then there are Vandover B. and George Walker.

America's Favorite Family, as someone once said about them on TV many years ago.

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Who is to blame? Unions? Management? Does it really matter who is to blame at this point?

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The Democrats will now make a deal to stop snooping into where the money went that Paulson handed out, and Paulson will then pass on $15/25 billion to bail out the auto makers.

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