Legislative Proposal for the Treasury Authority to Purchase Mortgage-Related Assets
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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
(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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