There is a lot of money left in the TARP fund:
A report from the TARP's official watchdog estimated that there is $317 billion left in the program, a sum that includes funds paid back to the government by some banks.
Already, the Obama administration has used TARP money for financial assistance to auto companies ($23.4 billion), homeowners ($75 billion, and now a new program to provide credit to small businesses of a yet to be determined size.
Couldn't the Obama administration just keep using TARP money for stimulus related programs, such as the ones described above, and effectively make it a second stimulus package that does not require Congressional approval?
There certainly seems to be precedent for it. Over 70 years ago, FDR established the Works Progress Administration via executive order, using funds Congress appropriated in the stimulus act of 1935:
On April 8, 1935, the United States Congress passed the Emergency Relief Appropriation Act. The Emergency Relief Appropriation Act was part of President Franklin Delano Roosevelt's New Deal. Roosevelt hoped that his New Deal would allow Americans to cope with the Great Depression, would help end the current economic downturn, and would help prevent another depression from occurring in the future.
We know at this point that the stimulus needed another $600 billion in spending to combat the effects of the recession. Smart pundits like Paul Krugman, Matthew Yglesias and the Center on Budget and Policy Priorities keep talking about the need for a new WPA, a new Civilian Conservation Corps, and more grants to state and local governments to plug their budget gaps. Can't the Obama administration just use the remaining TARP money to just start programs like these, immediately?
Over the next few years, the TARP fund should grow by at least another $200 billion, as banks, automakers, homeowners and small businesses continue to pay back their loans. So, not only do we have short-term funding to start up a new WPA and / or a new CCC, there is long-term funding to keep them operational, too.
This would not only help alleviate the increasingly dire unemployment situation, but diverting Wall Street bailout money directly into jobs for main street would be a huge, huge political winner. Not to mention that a program for young people, like a new CCC, might be exactly what is needed not only to help the demographic hardest hit by the recession, but also to get Democratic-leaning young voters back to the polls in 2010.
Are there any legal restrictions preventing this? Is the Obama administration just sitting on funds that could be used for a second, more effective stimulus package? There might be internal opposition within the administration, but right now I am just looking for legal problems. If anyone can think of any legal barriers to using TARP funds to create new jobs programs that harken back to the days of FDR, please say so in the comments. Otherwise, this is a campaign we need to start ASAP.
Update: To clarify, what we need to do is figure out the legal limits of what this money can be spent on. Any advice on that front is greatly appreciated.
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