Statements on Introduced Bills and Joint Resolutions

Floor Speech

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS -- (Senate - November 20, 2008)

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Mr. GRASSLEY. Mr. President, seven weeks ago Congress faced an extremely difficult decision of whether or not to pass an unprecedented $700 billion economic stabilization bill to help our Nation's economy and financial markets. The Emergency Economic Stabilization Act, the Act, passed by Congress and signed into law by the President, was designed to provide new, expanded authority to the Department of the Treasury to take immediate action to stabilize our financial markets by purchasing troubled assets through a program called the Troubled Asset Relief Program or TARP. This new authority was designed to stop the continued declines in the financial services industry and the credit markets.

Like many of the thousands of constituents from Iowa I've heard from, I shared their concerns that the stabilization plan put hundreds of billions of taxpayer dollars at risk. During the debate on this legislation I made it clear that I would only support this package if it included significant checks on the spending through various oversight mechanisms. I wanted to make sure the legislation wasn't a blank check for Government bureaucrats to spend taxpayer dollars with impunity. I'm glad that Congress listened to my concerns and I'm glad that specific oversight reforms I recommended were included in the final package. For instance, the creation of a Special Inspector General for the Troubled Assets Relief Program (Inspector General) was something I worked to include in the final legislation to ensure that an independent watchdog would be looking out for taxpayer funds allocated to the TARP.

The legislation also has a number of additional oversight provisions such as the creation of a Financial Stability Oversight Board that is responsible for reviewing the exercise of the program to ensure the Treasury is operating as envisioned. Additionally, the legislation included provisions requiring regular reports from the Treasury to Congress, Tranche reports outlining any assets Treasury chooses to purchase, and reports from the Comptroller General at the Government Accountability Office. The Act also places controls on executive compensation and corporate governance at participating entities. Taken together, these provisions were aimed to provide a sturdy foundation for ensuring the program is properly overseen.

However, despite these controls, many of these oversight provisions have been slowly implemented or outright ignored until recently. To date, the Senate has only held hearings on the nomination for the Special Inspector General and it is unclear when the nomination will be approved. Until then, the Inspector General at the Department of the Treasury has devoted some resources to overseeing the TARP, but we need to act expeditiously to approve the Special Inspector General to ensure someone is watching over all these taxpayer funds.

I do believe once we confirm a nominee to be the Special Inspector General that this office will face an uphill battle to work quickly to hire staff and to get operations moving to find out where all the billions of dollars are and how they were spent. This isn't an impossible task, but it is one that will take serious effort and great leadership to accomplish.

One concern I have with the Special Inspector General is the lack of authority that office will have to oversee the TARP and new, evolving programs under the TARP such as the Capital Purchase Plan, or CPP. The Secretary of the Treasury has indicated publicly that he intends to continue utilizing his authority under the Act to use the TARP and the CPP to continue to provide taxpayer funds via equity injections and stock warrant purchases to banks, financial institutions, and other entities, as opposed to purchasing distressed assets as the TARP was originally envisioned. While the Secretary is acting within his authority, this change was not necessarily envisioned from the oversight perspective when the Special Inspector General authorization was drafted. Instead, the current Act could be construed to only give the Special Inspector General the authority to review purchases of distressed assets and not the purchases and equity injections currently ongoing under the CPP. As a result, the Special Inspector General could be limited in authority to review the TARP before he takes office.

To rectify this, Senator MCCASKILL and I are here today to introduce a simple legislative fix to this provision that would amend the Act to allow the Special Inspector General to review all actions taken under the TARP, including those of the CPP. This is a straight forward solution to ensure that the Special Inspector General has all the authority necessary to oversee the taxpayer dollars that are being used to stabilize the financial industry.

This legislation makes one other change to the Act that will help the Special Inspector General hit the ground running once the Senate confirms the nomination. Looking back to the last Special Inspector General Congress created, the Special Inspector General for Iraq Reconstruction, SIGIR, we noted that Congress provided SIGIR the authority to utilize special hiring authority to fill these important jobs quickly and not have them tied up in bureaucratic red tape. This section of our bill simply states that the Special Inspector General may utilize special expedited hiring authority authorized under 5 U.S.C. §3161 for the first six months after the date of enactment to get the office up and running. Further, the section also removes statutory limits for how long these special appointments may serve because we do not want to limit the length of time these employees can work for the Special Inspector General given we don't know how long they will be needed to oversee this program.

Taken together, these two simple provisions are necessary to ensure that the Special Inspector General is the aggressive, independent watchdog we envisioned when we passed the Act and not just a paper tiger. As a long time supporter of Inspectors General, I believe this legislation is necessary to ensure the success of the Special Inspector General. I urge my colleagues to support this urgent legislative fix to help ensure that American taxpayer dollars are not lost to fraud, waste, or abuse because of a simple oversight in the drafting of the original legislation.

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