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Emergency Economic Stabilization Act of 2008

The Emergency Economic Stabilization Act of 2008, also known as the "bank bailout of 2008" or the "Wall Street bailout", was a United States federal law enacted during the Great Recession, which created federal programs to "bail out" failing financial institutions and banks. The bill was proposed by Treasury Secretary Henry Paulson, passed by the 110th United States Congress, and was signed into law by President George W. Bush. It became law as part of Public Law 110-343 on October 3, 2008. It created the $700 billion Troubled Asset Relief Program (TARP), which utilized congressionally appropriated taxpayer funds to purchase toxic assets from failing banks. The funds were mostly redirected to inject capital into banks and other financial institutions while the Treasury continued to examine the usefulness of targeted asset purchases.[1][2]

This article is about one division of an enacted statute. For the entire statute, see Public Law 110-343. For the enacted rescue program, see Troubled Asset Relief Program.

A financial crisis had developed throughout 2007 and 2008 partly due to a subprime mortgage crisis, causing the failure or near-failure of major financial institutions like Lehman Brothers and American International Group. Seeking to prevent the collapse of the financial system, Secretary of the Treasury Paulson called for the U.S. government to purchase several hundred billion dollars in distressed assets from financial institutions. His proposal was initially rejected by Congress, but the ongoing financial crisis and lobbying by President Bush ultimately convinced Congress to enact the proposal as part of Public Law 110-343.


Early estimates for the bailout's risk cost were as much as $700 billion; however, TARP recovered $441.7 billion from $426.4 billion invested, earning a $15.3 billion profit (an annualized rate of return of 0.6%), which may have been a loss when adjusted for inflation.[3]

On September 21, Paulson announced that the original proposal, which would have excluded foreign banks, had been revised to include foreign financial institutions with a presence in the United States. The U.S. administration pressured other countries to set up similar bailout plans.

[32]

On September 23, the plan was presented by Paulson and Bernanke to the , who rejected it as unacceptable.[33]

Senate Banking Committee

On September 24, President Bush addressed the nation on prime time television, describing how serious the financial crisis could become if action was not taken promptly by Congress.

[34]

Also on September 24, 2008, nominee for President, John McCain, and Democratic Party nominee for President, Barack Obama, issued a joint statement describing their shared view that "The effort to protect the American economy must not fail."[35]

Republican Party

Rationale for the bailout[edit]

Government officials[edit]

In his testimony before the U.S. Senate, Treasury Secretary Henry Paulson summarized the rationale for the $700 billion (~$973 billion in 2023) bailout:[46]

In a survey conducted September 19–22 by the , by a margin of 57 percent to 30 percent, Americans supported the bailout when asked "As you may know, the government is potentially investing billions to try and keep financial institutions and markets secure. Do you think this is the right thing or the wrong thing for the government to be doing?"[69]

Pew Research Center

In a survey conducted September 19–22 by /Los Angeles Times, by a margin of 55 percent to 31 percent, Americans opposed the bailout when asked whether "the government should use taxpayers' dollars to rescue ailing private financial firms whose collapse could have adverse effects on the economy and market, or is it not the government's responsibility to bail out private companies with taxpayers' dollars?".[70][71]

Bloomberg

In a survey conducted September 24 by /Gallup, when asked "As you may know, the Bush administration has proposed a plan that would allow the Treasury Department to buy and re-sell up to $700 billion of distressed assets from financial companies. What would you like to see Congress do?", 56 percent of respondents wanted Congress to pass a plan different from the original Paulson proposal, 22 percent supported the Paulson proposal in its initial form, and 11 percent wanted Congress to take no action.[72]

USA Today

Senator said he had been getting 2,000 e-mail messages and telephone calls a day, roughly 95 percent opposed.[73]

Sherrod Brown

As of Thursday September 25, Senator 's (D-Calif.) offices had received a total of 39,180 e-mails, calls. and letters on the bailout, with the overwhelming majority of constituents against it.[66]

Dianne Feinstein

Conservative Republican Representatives had offered a mortgage insurance plan as an alternative to the bailout. There had been speculation that U.S. Senator John McCain may have supported this plan[103] but this was not confirmed.

[102]

Senator has proposed a new Home Owners' Loan Corporation (HOLC), similar to that used after the Depression, which was launched in 1933. The new HOLC would administer a national program to help homeowners refinance their mortgages. She also called for a moratorium on foreclosures and freezing of rate hikes in adjustable rate mortgages.[82]

Hillary Clinton

Jonathan Koppell, Associate Professor of Politics and Management at the , recommends assisting homeowners by lowering interest rates on loans in default. The money spent would be repaid from profits when the homes eventually sell after the housing market has recovered.[104][105]

Yale School of Management

Additional foreclosure avoidance and homeowner assistance

Executive pay limits

Government equity interests in firms participating in program, to provide additional taxpayer protection

Judicial review, Congressional oversight and right to audit

Structure and authority of the entities that will manage the program

of the Federal Reserve

Chairman of the Board

of the Treasury

Secretary

Director of the

Federal Housing Finance Agency

Chairman of the

Securities and Exchange Commission

Administration of the law[edit]

CAMELS ratings are being used by the United States government to help it decide which banks to provide special help for and which to not as part of its capitalization program authorized by the Emergency Economic Stabilization Act of 2008.[185]


The New York Times states: "The criteria being used to choose who gets money appears to be setting the stage for consolidation in the industry by favoring those most likely to survive" because the criteria appears to favor the financially best off banks and banks too big to let fail. Some lawmakers are upset that the capitalization program will end up culling banks in their districts.[185]


Known aspects of the capitalization program "suggest that the government may be loosely defining what constitutes healthy institutions. [... Banks] that have been profitable over the last year are the most likely to receive capital. Banks that have lost money over the last year, however, must pass additional tests. [...] They are also asking if a bank has enough capital and reserves to withstand severe losses to its construction loan portfolio, nonperforming loans and other troubled assets."[185] Some banks received capital with the understanding the banks would try to find a merger partner. To receive capital under the program banks are also "required to provide a specific business plan for the next two or three years and explain how they plan to deploy the capital."[185]

Effects on national debt[edit]

The United States annual budget deficit for fiscal year 2009 surpassed $1 trillion. The original Paulson proposal would lift the United States federal debt ceiling by $700 billion, to $11.3 trillion from $10.6 trillion.

Other information[edit]

A review of investor presentations and conference calls by executives of some two dozen US-based banks by The New York Times found that "few [banks] cited lending as a priority. An overwhelming majority saw the bailout program as a no-strings-attached windfall that could be used to pay down debt, acquire other businesses, or invest for the future."[186]

(PDF/details) as amended in the GPO Statute Compilations collection

Emergency Economic Stabilization Act of 2008

as enacted in the US Statutes at Large

Emergency Economic Stabilization Act of 2008

Text of original Paulson proposal

a complete guide to all economic recovery efforts from the Committee for a Responsible Federal Budget

Stimulus.org

a discussion of the proposal from the George W. Bush White House Archive

Jobs and Economic Growth