BizJournals Portfolio
Sep 23 2008 11:18am EDT

Paulson Backtracks on Oversight

Straying from his prepared remarks, and after almost unanimous criticism of the bailout plan, Henry Paulson says that he didn't want to be "presumptuous" by laying out how Congress should oversee the $700 billion effort in the text of the plan.

Maybe he should look at that text again:

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.

Or how about this:

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.

The original text also did include when the bailout program would report to Congress under a section titled, oddly enough, '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.

Maybe instead of "presumptuous," Secretary Paulson meant "disingenuous."


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