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GAO Calls for Better Bailout Oversight

Watchdog wants more control and reporting over dispensing of money



By Mark Huffman
ConsumerAffairs.com

December 3, 2008

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Who, exactly, is watching the U.S. Treasury Department as it dispenses up to $700 billion in taxpayer money to troubled banks? The government's chief auditor says someone should be.

At a time when the three U.S. carmakers are collectively asking for $34 billion in loans, when the Federal Reserve is guaranteeing mortgages to the tune of $600 billion and offering $200 billion in guarantees to investors who buy consumer credit securities, the Government Accountability Office (GAO) says a number of critical issues with the Troubled Asset Relief Program (TARP) -- the government's first bailout initiative -- have yet to be addressed.

The report calls on Treasury Secretary Henry Paulson to do a better job informing members of Congress and the public about the program's objectives.

"GAO recognizes that TARP has existed for less than 60 days and that a new program of such magnitude faces many challenges, especially in this current uncertain economic climate," the agency said in its report. "However, Treasury has yet to address a number of critical issues, including determining how it will ensure that the Capital Purchase Program (CPP) is achieving its intended goals and monitoring compliance with limitations on executive compensation and dividend payments. Moreover, further actions are needed to formalize transition planning efforts and establish an effective management structure and an essential system of internal control."

To help ensure the program's integrity, accountability, and transparency, GAO recommends that Treasury:

• Work with the bank regulators to establish a systematic means of determining and reporting in a timely manner whether financial institutions' activities are generally consistent with the purposes of CPP and help ensure an appropriate level of accountability and transparency;

• Develop a means to ensure that institutions participating in CPP comply with key program requirements (e.g., executive compensation, dividend payments, and the repurchase of stock);

• Formalize the existing communication strategy to ensure that external stakeholders, including Congress, are informed about the program's current strategy and activities and understand the rationale for changes in this strategy to avoid information gaps and surprises;

• Facilitate a smooth transition to the new administration by building on and formalizing ongoing activities, including ensuring that key OFS leadership positions are filled during and after the transition;

• Expedite OFS's hiring efforts to ensure that Treasury has the personnel needed to carry out and oversee TARP;

• Ensure that sufficient personnel are assigned and properly trained to oversee the performance of all contractors, especially for Contracts priced on a time and materials basis, and move toward fixed-price arrangements whenever possible;

• Continue to develop a comprehensive system of internal control over TARP, including policies, procedures, and guidance that are robust enough to protect taxpayers interests and ensure that the program objectives are being met;

• Issue final regulations on conflicts of interest quickly and review and renegotiate mitigation plans to enhance specificity and compliance; and

• Institute a system to effectively manage and monitor the mitigation of conflicts of interest.

The GAO report also said it is too soon to determine whether the program is having the intended effect on credit and financial markets.

"Moreover, given that U.S. regulators as well as foreign governments are continuing to take a variety of actions aimed at stabilizing markets and the economy, separately evaluating the impact of Treasury's efforts under TARP will be difficult. Nevertheless, GAO has identified a number of preliminary indicators that when viewed collectively should signal whether TARP as well as other related programs may be functioning as intended," the report said.

The GAO identified the preliminary indicators as trends in interest rate spreads, mortgage rates, mortgage originations, and foreclosures.



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