Paulson Bailout Proposal

PAULSON’S 2008 BAILOUT PROPOSAL
Legislative Proposal for Treasury Authority to Purchase Mortgage-Related Assets

Section 1. Short Title.
This Act may be cited as ____________________.
Sec. 2. Purchases of Mortgage-Related Assets.
(a) Authority to Purchase.--The Secretary is authorized to purchase, and to make and fund
commitments to purchase, on such terms and conditions as determined by the Secretary,
mortgage-related assets from any financial institution having its headquarters in the United
States.
(b) Necessary Actions.--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.
Sec. 3. Considerations.
In exercising the authorities granted in this Act, the Secretary shall take into consideration means
for--
(1) providing stability or preventing disruption to the financial markets or banking system; and
(2) protecting the taxpayer.
Sec. 4. 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.
Sec. 5. Rights; Management; Sale of Mortgage-Related Assets.
(a) Exercise of Rights.--The Secretary may, at any time, exercise any rights received in
connection with mortgage-related assets purchased under this Act.
(b) Management of Mortgage-Related Assets.--The Secretary shall have authority to manage
mortgage-related assets purchased under this Act, including revenues and portfolio risks
therefrom.
(c) Sale of Mortgage-Related Assets.--The Secretary may, at any time, upon terms and
conditions and at prices determined by the Secretary, sell, or enter into securities loans,
repurchase transactions or other financial transactions in regard to, any mortgage-related asset
purchased under this Act.
(d) Application of Sunset to Mortgage-Related Assets.--The authority of the Secretary to hold
any mortgage-related asset purchased under this Act before the termination date in section 9, or
to purchase or fund the purchase of a mortgage-related asset under a commitment entered into
before the termination date in section 9, is not subject to the provisions of section 9.
Sec. 6. Maximum Amount of Authorized Purchases.
The Secretary’s authority to purchase mortgage-related assets under this Act shall be limited to
$700,000,000,000 outstanding at any one time
Sec. 7. Funding.
For the purpose of the authorities granted in this Act, and for the costs of administering those
authorities, the Secretary may use the proceeds of the sale of any securities issued under chapter
31 of title 31, United States Code, and the purposes for which securities may be issued under
chapter 31 of title 31, United States Code, are extended to include actions authorized by this Act,
including the payment of administrative expenses. Any funds expended for actions authorized by
this Act, including the payment of administrative expenses, shall be deemed appropriated at the
time of such expenditure.
Sec. 8. Review.
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.
Sec. 9. Termination of Authority.
The authorities under this Act, with the exception of authorities granted in sections 2(b)(5), 5 and
7, shall terminate two years from the date of enactment of this Act.
Sec. 10. Increase in Statutory Limit on the Public Debt.
Subsection (b) of section 3101 of title 31, United States Code, is amended by striking out the
dollar limitation contained in such subsection and inserting in lieu thereof $11,315,000,000,000.
Sec. 11. Credit Reform.
The costs of purchases of mortgage-related assets made under section 2(a) of this Act shall be
determined as provided under the Federal Credit Reform Act of 1990, as applicable.
Sec. 12. Definitions.
For purposes of this section, the following definitions shall apply:
(1) Mortgage-Related Assets.--The term “mortgage-related assets” means residential or
commercial mortgages and any securities, obligations, or other instruments that are based on or
related to such mortgages, that in each case was originated or issued on or before September 17,
2008.
(2) Secretary.--The term “Secretary” means the Secretary of the Treasury.
(3) United States.--The term “United States” means the States, territories, and possessions of the
United States and the District of Columbia.

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PAULSON’S 2008 BAILOUT PROPOSAL

Legislative Proposal for Treasury Authority to Purchase Mortgage-Related Assets

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