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Testimony: 

Before the Committee on Banking, Housing, and Urban Affairs, U.S. 
Senate: 

United States Government Accountability Office:
GAO: 

For Release on Delivery: 
Expected at 10:00 a.m. EST:
Thursday, February 5, 2009: 

Troubled Asset Relief Program: 

Status of Efforts to Address Transparency and Accountability Issues: 

Statement of Gene L. Dodaro:
Acting Comptroller General of the United States: 

GAO-09-359T: 

Mr. Chairman and Members of the Committee: 

I am pleased to be here today to discuss our work on the Troubled Asset 
Relief Program (TARP), under which the Department of the Treasury 
(Treasury) has the authority to purchase and insure up to $700 billion 
in troubled assets held by financial institutions through the Office of 
Financial Stability (OFS).[Footnote 1] As you know, Treasury was 
granted this authority in response to the financial crisis that has 
threatened the stability of the U.S. banking system and the solvency of 
numerous financial institutions. The Emergency Economic Stabilization 
Act (the act) that authorized TARP on October 3, 2008, requires GAO to 
report at least every 60 days on findings resulting from our oversight 
of the status of actions taken under the program.[Footnote 2] My 
statement today is based on our January 30, 2009, report, which is the 
second under the act's mandate, covers the actions taken as part of 
TARP through January 23, 2009, and follows up on the nine 
recommendations we made in our December 2008 report.[Footnote 3] Our 
oversight work under the act is ongoing, and our next report will be 
issued by March 31, 2009. 

Like the report, this statement focuses on (1) the nature and purpose 
of activities that have been initiated under TARP as of January 23, 
2009; (2) the status of the transition to the new administration at OFS 
and its hiring efforts, use of contractors, and development of a system 
of internal control; and (3) preliminary indicators of TARP's 
performance. 

To do this work, we reviewed documents related to TARP, including 
contracts, agreements, guidance, and rules. We also met with OFS, 
contractors, federal agencies, and officials from all 8 of the first 
large institutions that had received disbursements. We plan to continue 
to monitor the issues highlighted in the report, as well as future and 
ongoing capital purchases, other more recent transactions undertaken as 
part of TARP (for example, guarantees on assets of Citigroup and Bank 
of America), and the status of other aspects of TARP. We conducted this 
performance audit in December 2008 and January 2009 in accordance with 
generally accepted government auditing standards. Those standards 
require that we plan and perform the audit to obtain sufficient, 
appropriate evidence to provide a reasonable basis for our findings and 
conclusions based on our audit objectives. We believe that the evidence 
obtained provides a reasonable basis for our findings and conclusions 
based on our audit objectives. 

Summary: 

Treasury has announced a number of new programs to try to stabilize 
financial markets but most of its activity during this period has 
continued to be through its Capital Purchase Program (CPP). As of 
January 23, Treasury had disbursed about $294 billion in TARP funds, 
about $194 billion of which was for CPP. It also announced a new 
Targeted Investment Program and an Automotive Industry Financing 
Program. Treasury also has taken important steps since our last report 
to implement all nine of our recommendations. However, due in part to 
the short time frame since our last report, we continued to identify a 
number of areas that warrant Treasury's ongoing attention concerning 
TARP. Therefore, we recommended that Treasury continue to take action 
to further improve the transparency and accountability of the program 
and more clearly articulate and communicate a strategic vision. 
Specifically, we recommended that Treasury: 

* Expand the scope of planned monthly CPP surveys to include collecting 
at least some information from all institutions participating in the 
program. 

* Ensure that future CPP agreements include a mechanism that will 
better enable Treasury to track the use of the capital infusions and 
seek to obtain similar information from existing CPP participants. 

* Establish a process to ensure compliance with all CPP requirements, 
including those associated with limitations on dividends and stock 
repurchase restrictions. 

* Communicate a clearly articulated vision for TARP and how all 
individual programs are intended to work in concert to achieve that 
vision. This vision should incorporate actions to preserve 
homeownership. Once this vision is clearly articulated, document skills 
and competencies needed within Treasury. 

* Continue to expeditiously hire personnel needed to carry out and 
oversee TARP. 

* Expedite efforts to ensure that sufficient personnel are assigned and 
properly trained to oversee the performance of all contractors, 
especially for contracts priced on a time-and-materials basis, and move 
toward fixed-price arrangements whenever possible as program 
requirements are better defined over time. 

* Develop a comprehensive system of internal control over TARP, 
including policies, procedures, and guidance for program activities 
that are robust enough to ensure that the program's objectives and 
requirements are met. 

* Develop and implement a well-defined and disciplined risk-assessment 
process, as such a process is essential to monitoring program status 
and identifying any risks of potential inadequate funding of announced 
programs. 

* Review and renegotiate existing conflict of interest mitigation 
plans, as necessary, to enhance specificity and conformity with the new 
interim conflicts of interest regulation, and take continued steps to 
manage and monitor conflicts of interest and enforce mitigation plans. 

Treasury has taken steps to address our recommendations, but still 
faces several challenges. First, our previous report emphasized the 
lack of monitoring and reporting for CPP investments and recommended 
stronger measures for ensuring that participating institutions use the 
funds to meet the program's purpose and comply with CPP requirements 
on, for example, executive compensation and dividend payments. In 
response to our recommendation, Treasury began monthly surveys of the 
largest 20 institutions to monitor lending and other activities and 
analyze quarterly monitoring data (call reports) for all institutions. 
[Footnote 4] While the monthly survey is a step toward greater 
transparency and accountability for the largest institutions, we 
continue to believe that additional action is needed to better ensure 
that all participating institutions are accountable for their use of 
program funds. Second, Treasury has continued to develop a system to 
ensure compliance with CPP requirements, including executive 
compensation, dividend payments, and repurchase of stocks, but it has 
not finalized its plans for detecting noncompliance and taking 
enforcement actions. Third, Treasury has made limited progress in 
articulating and communicating an overall strategic vision for TARP, 
while continuing to respond to institution-and industry-specific needs. 
It has yet to develop a strategic approach to explain how its various 
programs work together to fulfill TARP's purposes or how it will use 
the remaining funds. This lack of clarity has complicated Treasury's 
ability to effectively communicate to Congress, the financial markets, 
and the public. 

Treasury has taken proactive steps to help ensure a smooth transition 
by keeping positions filled and using an expedited hiring process. 
However, it continues to face difficulty providing competitive salaries 
to attract skilled employees. Also, given the program's evolving nature 
and the likelihood of changes under the new administration, Treasury 
will need to identify OFS's long-term organizational needs. 
Additionally, consistent with our recommendation about contracting 
oversight, Treasury has enhanced such oversight by tracking costs, 
schedules, and performance and addressing the training requirements of 
personnel who oversee the contracts. However, as we previously 
recommended, Treasury needs to continue to identify and mitigate 
conflicts of interest in contracting. Similarly, OFS has adopted a 
framework for organizing the development and implementation of its 
system of internal control for TARP activities, which is consistent 
with our recommendation. However, it has yet to implement a disciplined 
risk-assessment process. 

Finally, given the fact that program actions have only recently 
occurred and that there are time lags in the reporting of available 
data, GAO continues to believe that it is too early in the program's 
implementation to see measurable results in many areas. Even with more 
time and better data, it will remain difficult to separate the impact 
of TARP activities from the effects of other economic forces. Credit 
market indicators we have identified demonstrate that since our last 
report, the cost of credit has declined in interbank, mortgage, and 
corporate debt markets. Conversely, while perceptions of risk (as 
measured by premiums over Treasury bonds) have declined in interbank 
markets, they appear to have changed little in the corporate bond and 
mortgage markets. Attributing any of these changes directly to TARP 
continues to be problematic because of the range of actions that have 
been and are being taken to address the current crisis. While these 
indicators may be suggestive of TARP's ongoing impact, no single 
indicator or set of indicators can provide a definitive determination 
of the program's impact. 

Treasury Has Continued to Focus on CPP, but a Variety of Other Programs 
Have Been Created or Are in Progress: 

Treasury has continued to focus on CPP, but a variety of other programs 
have been created or are in progress, as shown in table 1. As of 
January 23, 2009, Treasury had disbursed more than 75 percent of the 
$250 billion it had allocated for CPP to purchase more than $194 
billion in preferred shares of 317 qualified financial institutions. 
About $42.7 billion in preferred stock shares of 265 financial 
institutions has been purchased since our December report. 

Table 1: Status of TARP Funds as of January 23, 2009 (dollars in 
billions): 

Program: Capital Purchase Program; 
Disbursed: $194.2. 

Program: Systemically Significant Failing Institutions; 
Disbursed: $40.0. 

Program: Targeted Investment Program; 
Disbursed: $40.0. 

Program: Term Asset-backed Securities Loan Facility; 
Disbursed: 0.0. 

Program: Automotive Industry Financing Program; 
Disbursed: $19.5. 

Program: Citigroup Asset Guarantee; 
Disbursed: 0.0. 

Program: Bank of America Asset Guarantee; 
Disbursed: 0.0. 

Program: Totals; 
Disbursed: $293.7. 

Source: Treasury OFS, unaudited. 

[End of table] 

Initially, Treasury approved $125 billion in capital purchases for nine 
of the largest public financial institutions that federal banking 
regulators and Treasury considered to be systemically significant to 
the operation of the financial system.[Footnote 5] At the time, these 
nine institutions held about 55 percent of U.S. banking assets. 
Subsequent purchases were made in qualified institutions of various 
sizes (in terms of total assets) and types. As of January 23, 2009, the 
types of institutions that received CPP capital included 226 publicly 
held institutions, 83 privately held institutions, and 8 community 
development financial institutions (CDFI).[Footnote 6] 

Treasury has taken a number of important steps toward better reporting 
on and monitoring of CPP, in accordance with our prior recommendations 
that it bolster its ability to determine whether institutions were 
using the proceeds consistent with the purposes of the act and that it 
establish mechanisms to monitor compliance with program requirements. 
However, more needs to be done. First, while Treasury has begun monthly 
survey of the largest institutions to monitor their lending and other 
activities, Treasury plans to rely on quarterly call report data from 
the other participating institutions. While the monthly survey is a 
step toward greater transparency and accountability for the largest 
institutions, we continue to believe that additional actions are needed 
to better ensure that all participating institutions are accountable 
for their use of the funds. Without more frequent information on all 
participants, Treasury will have little timely information about the 
changing condition of the institutions, which may limit the ability of 
its newly created team of analysts to understand how the institutions 
used the funds and the effectiveness of the program. In addition, 
without ensuring that future CPP agreements include a mechanism that 
will enable Treasury to track the use of capital infusions and by not 
seeking to obtain similar information from existing CPP participants, 
Treasury may have difficulty determining that an institution had not 
used the funds in a manner consistent with the intent of the program. 
Therefore, we recommended that Treasury expand the scope of planned 
monthly CPP surveys to include collecting at least some information 
from all participating institutions. We also recommended that it ensure 
that future CPP agreements include a mechanism that will enable 
Treasury to track the use of capital infusions and seek to obtain 
similar information from existing CPP participants. We will continue to 
monitor Treasury's oversight efforts as well as the consistency of the 
approval process in future work. 

Second, Treasury has continued to take steps to increase its planned 
oversight of compliance with terms of agreements such as limitations on 
executive compensation, dividends, and stock repurchases. These steps 
include plans to implement new interim final rules that amend and 
clarify the past interim rules on executive compensation and naming an 
Interim Chief Compliance Officer. However, Treasury has not finalized 
its plans for detecting noncompliance with these requirements and 
taking enforcement actions. Without a more structured mechanism in 
place to ensure compliance with all CPP requirements--and as more 
institutions continue to participate in the program--ensuring 
compliance with these aspects of the program will become increasingly 
important and challenging. We will also continue to monitor the system 
that Treasury develops to ensure compliance with their agreements. 

Treasury has made less progress in improving the transparency of the 
program and has not yet articulated a clear strategic vision for TARP. 
In our December 2008 report, we raised questions about the 
effectiveness of Treasury's communication strategy for TARP with 
Congress, the financial markets, and the public. These questions were 
further heightened in the Congressional Oversight Panel's (COP) January 
report, which raised similar questions about Treasury's strategy for 
TARP. In response to our recommendation about its communication 
strategy, Treasury noted numerous publicly available reports, 
testimonies, and speeches. However, even after reviewing these items 
collectively, we found that Treasury's strategic vision for TARP 
remains unclear. For example, early on Treasury outlined a strategy and 
approach to purchase whole loans and mortgage-backed securities from 
financial institutions, but changed direction to make capital 
investments in qualifying financial institutions as the global 
community opted to move in this direction. However, once Treasury 
determined that capital infusions were preferable to purchasing whole 
mortgages and mortgage-backed securities, Treasury did not clearly 
articulate how the various programs--such as CPP, the Systemically 
Significant Failing Institutions Program (SSFI) , and the Targeted 
Investment Program (TIP)--would work collectively to help stabilize 
financial markets. For instance, Treasury has used similar approaches-
-capital infusions--to stabilize healthy institutions under CPP as well 
as SSFI and TIP, albeit with more stringent requirements. Moreover, 
with the exception of institutions selected for TIP being viewed as 
able to raise private capital, both SSFI and TIP share similar 
selection criteria. Treasury also created the Auto Industry Financing 
Program in December 2008 to prevent a disruption of the domestic 
automotive industry that would pose systemic risk to the nation's 
economy and provided loans to two auto companies and two financing 
companies that, among other business lines, provide consumer automotive 
loans. Finally, the same institution may be eligible for multiple 
programs--at least two institutions (Citigroup and Bank of America) 
currently participate in more than one program--and this has added to 
confusion about Treasury's strategy and vision for the implementation 
of TARP. 

Other actions have raised additional questions about Treasury's 
strategy. First, Treasury announced the first institution under TIP 
weeks before the program was established. Similarly, the Asset 
Guarantee Program was established only after Treasury announced that it 
would guarantee assets under such a program, and many of the details of 
the program have yet to be worked out. Second, Treasury's efforts to 
mitigate residential foreclosures, which have contributed to increased 
volatility in financial markets, remain in the design phase with no 
clearly articulated strategy. Finally, while Treasury has continued to 
publicly report on individual issues, testify, and make speeches about 
the program, it continues to struggle to convey a clearly articulated 
and overarching message about its efforts, potentially hampering TARP's 
effectiveness and underscoring ongoing questions about its 
communication strategy. Without a clearly articulated strategic vision, 
Treasury's effectiveness in stabilizing markets may be hampered. We 
recommended that Treasury communicate a clearly articulated vision for 
TARP and explain how the individual programs are intended to work in 
concert to achieve that vision. This is another area that we will 
continue to monitor. 

Efforts to Establish the Office of Financial Stability Are Ongoing: 

Treasury has made progress in establishing its management 
infrastructure, which included hiring, contracting oversight, and 
internal controls. However, hiring for the Office of Financial 
Stability is still ongoing and Treasury is still developing an 
oversight structure for contractors and its development of a system of 
internal control is still evolving. 

* In the hiring area, Treasury took steps to help maintain continuity 
of leadership within OFS during and after the transition to the new 
administration, one of the areas we highlighted in our first report. 
Specifically, Treasury ensured that interim chief positions would be 
filled to ensure a smooth transition and used direct-hire and various 
other appointments to bring a number of career staff on board quickly. 
OFS has increased its overall staff since our December 2008 report from 
48 to 90 employees as of January 26, which includes an increase of 
permanent staff from 5 to 38. While progress has been made since our 
last report, the number of temporary and contract staff who will be 
needed to serve long-term organizational needs remains unknown. Because 
TARP has added many new programs since it was first established in 
October and program activities may expand or change under the new 
administration, we recognize that Treasury may find it difficult to 
determine OFS's long-term organizational needs at this time. However, 
such considerations will be vital to retaining institutional knowledge 
in the organization. 

* Treasury's use of existing contract flexibilities has enabled it to 
enter into agreements and award contracts quickly in support of TARP. 
However, Treasury's use of time-and-materials contracts, although 
authorized when flexibility is needed, can increase the risk of wasted 
government dollars without adequate oversight of contractor 
performance. Although Treasury has improved its oversight of 
contractors, the department itself has identified certification of its 
Contracting Officer Technical Representatives and the use of time-and-
materials pricing to be high-risk issues that still need attention. In 
addition, while Treasury has taken the important step of recently 
issuing an interim regulation outlining the process for reviewing and 
addressing conflicts of interest among new contractors and financial 
agents, it is still reviewing contracts or agreements that existed 
prior to issuance to ensure conformity with the new regulation. We 
believe this is a necessary component of a comprehensive and complete 
system to ensure that all conflicts are fully identified and 
appropriately addressed. 

* In the area of internal controls, OFS has adopted a framework for 
organizing the development and implementation of its system of internal 
control for TARP activities. OFS plans to use this framework to develop 
specific policies, drive communications on expectations, and measure 
compliance with internal control standards and policies. However, it 
has yet to develop comprehensive written policies and procedures 
governing TARP activities or implement a disciplined risk assessment 
process. 

In each of these areas, we made additional recommendations. 
Specifically, we recommended that Treasury continue to expeditiously 
hire personnel needed to carry out and oversee TARP. For contracting 
oversight, we recommended that Treasury expedite efforts to ensure that 
sufficient personnel are assigned and properly trained to oversee the 
performance of all contractors, especially for contracts priced on a 
time-and-materials basis, and move toward fixed-price arrangements 
whenever possible as program requirements are better defined over time. 
We also recommended that Treasury review and renegotiate existing 
conflict-of-interest mitigation plans, as necessary, to enhance 
specificity and conformity with the new interim conflicts of interest 
regulation, and take continued steps to manage and monitor conflicts of 
interest and enforce mitigation plans. Finally, we recommended that 
Treasury, in addition to developing a comprehensive system of internal 
control, develop and implement a well-defined and disciplined risk 
assessment process, as such a process is essential to monitoring 
program status and identifying any risks of potential inadequate 
funding of announced programs. We will continue to monitoring OFS's 
hiring and contracting practices as well as its implementation of the 
internal control framework, which is vital to the effectiveness of the 
program. 

Measuring the Impact of TARP on Credit Markets and the Economy 
Continues to Be Challenging: 

Given the fact that program actions have only recently occurred and 
that there are time lags in the reporting of available data, GAO 
continues to believe that it is too early in the program's 
implementation to see measurable results in many areas. Even with more 
time and better data, it will remain difficult to separate the impact 
of TARP activities from the effects of other economic forces. Some 
indicators suggest that the cost of credit has declined in interbank, 
mortgage, and corporate debt markets since the December report. 
However, while perceptions of risk (as measured by premiums over 
Treasury securities) have declined in interbank markets, they have 
changed very little in corporate bond and mortgage markets. Finally, as 
GAO also noted in December, these indicators may be suggestive of 
TARP's ongoing impact, but no single indicator or set of indicators can 
provide a definitive determination of the program's effects because of 
the range of actions that have been and are being taken to address the 
current crisis. These include coordinated efforts by U.S. regulators--
namely, the Federal Deposit Insurance Corporation, the Federal Reserve, 
and the Federal Housing Finance Agency--as well as actions by financial 
institutions to mitigate foreclosures. For example, a large drop in 
mortgage rates occurred shortly after the Federal Reserve announced it 
would purchase up to $500 billion in mortgage-backed securities, 
highlighting that policies outside of TARP may have important effects 
on credit markets. We will continue to refine and monitor the 
indicators. 

Mr. Chairman and Members of the Committee, I appreciate the opportunity 
to discuss this critically important issue and would be happy to answer 
any questions that you may have. Thank you. 

[End of section] 

Footnotes: 
[1] GAO, Troubled Asset Relief Program: Status of Efforts to Address 
Transparency and Accountability Issues, [hyperlink, 
http://www.gao.gov/products/GAO-09-296] (Washington D.C.: Jan. 30, 2009) and Troubled Asset Relief Program: Additional Actions Needed to Better Ensure Integrity, Accountability, and Transparency, [hyperlink, 
http://www.gao.gov/products/GAO-09-161] (Washington, D.C.: Dec. 2, 2008). 

[2] The Emergency Economic Stabilization Act of 2008, Pub. L. No. 110-
343, 122 Stat. 3765 (2008). The act requires the U.S. Comptroller 
General to report at least every 60 days, as appropriate, on findings 
resulting from oversight of TARP's performance in meeting the act's 
purposes; the financial condition and internal controls of TARP, its 
representatives, and agents; the characteristics of asset purchases and 
the disposition of acquired assets, including any related commitments 
entered into; TARP's efficiency in using the funds appropriated for its 
operations; its compliance with applicable laws and regulations; and 
its efforts to prevent, identify, and minimize conflicts of interest 
among those involved in its operations. 

[3] All information is as of January 23, 2009, unless otherwise noted 
in the statement. 

[4] Call reports are quarterly reports that collect basic financial 
data of commercial banks in the form of a balance sheet and income 
statement (formally known as Report of Condition and Income). 

[5] While Treasury approved $125 billion to the nine largest 
institutions, as table 2 shows, it initially disbursed funds to eight 
of the nine institutions. The $10 billion to Merrill Lynch was not 
disbursed until January 9, 2009, after its merger with Bank of America 
was completed. 

[6] A CDFI is a specialized financial institution that works in market 
niches that are underserved by traditional financial institutions. 
CDFIs provide a range of financial products and services such as 
mortgage financing for low-income and first-time homebuyers and not-
for-profit developers; flexible underwriting and risk capital for 
needed community facilities; and technical assistance, commercial loans 
and investments to small start-up or expanding businesses in low-income 
areas. 

[End of section] 

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