No legal barrier to using TARP money to pay for jobs bill

by: Chris Bowers

Fri Nov 20, 2009 at 12:30


Last week, in response to the 2009 elections and the November jobs report, Senate majority leader Harry Reid came up with the idea of passing a new jobs bill.   Open Left was able to quickly confirm that the House was working on a package as well.

The jobs bill is going to happen.  The House will likely pass a bill in December, and the Senate will match in January or February after the health care bill is done.  Rather than "if" it will happen, the major questions for the jobs bill are how large it will be, what will be in the bill, and how the bill will be funded.

Relating to the latter, I recently had a chance to ask Representative Alan Grayson if there was any legal barrier to using the remaining Wall Street bailout money to fund the bill.  He did not believe there was any such legal barrier, and indicated that political barriers would be more significant.

The lack of legal barriers is virtually self-evident.  TARP funds have already been used for a variety of non-Wall Street related projects, including the auto bailout and assistance for struggling homeowners.  Further, the Obama administration has said it is interested in using some of the funds to pay down the debt, and using others to increase lending to small businesses.  Clearly, there is a lot of flexibility in how the money can be used.

As such, the idea of using the remaining TARP funds, which total at least $210 billion, to pay for some or all of the jobs bill is gaining a lot of steam in Congress:

(more in the extended entry)

Chris Bowers :: No legal barrier to using TARP money to pay for jobs bill
House Democratic Caucus Chairman John Larson of Connecticut wants dough to fund job-creation legislation. Massachusetts Rep. Barney Frank, the powerful chairman of the House Financial Services Committee, wants to direct $2 billion of repaid Troubled Asset Relief Program funds to loans for unemployed homeowners so they can avoid foreclosure. House Speaker Nancy Pelosi of California admits that "there's a good bit of interest" in spreading the money around to various economic projects.

And Senate Democrats want to put a big chunk - say, $40 billion - toward loans to small businesses.

Even though the idea is growing in popularity, not everyone is on board.  Still, the pushback against using TARP money to pay for the jobs bill is always based on political, rather than legal, concerns:

"As people on the Hill realize that there was money allocated and not spent, it becomes attractive. We need to find ways to make that less attractive," said a senior administration official.(...)

On Tuesday, Maffei was one of three Democrats on the House Financial Services Committee to vote in favor of a GOP amendment to force the sunset of TARP. Maffei said he's concerned that voters back home just aren't going to buy the notion that money used for unpopular bailouts of Wall Street firms and American automakers is suddenly going to help them.

"Branding matters," said Maffei, a former Hill communications director.

Using the remaining bailout money fund some, or all, of the new jobs bill is a political issue, not a legal one.  Further, given that the jobs bill is largely a response to a deteriorating political environment for Democrats, the argument over using the money to pay for the jobs bill will also be political.  On one side will be Democrats who believe that Americans would like to see the bailout money spent on Main Street, and on the other will be the Democrats who think that deficit reduction is more popular.

The end result will probably be that the remaining TARP money will be used both for deficit reduction and to partially fund the jobs bill.  The struggle will be over getting as much of the TARP money to fund the jobs bill as possible.


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Rahm (0.00 / 0)
Single worst decision Obama has made.

...Adding, forget going after Geithner. Some type of effort must be developed to begin undermining and hopefully/eventually removing Rahm. He's the guy essentially running the administration's economic/domestic policy. Let's start laying blame where the blame is deserved.

Self-refuting Christine O'Donnell is proof monkeys are still evolving into humans


Rahm is the symptom, not the problem.... (4.00 / 6)
Yes, Rahm has been let loose to do his center right thing (why is he even a democrat?  He could care less about Democratic values, yet he's super partisan.  I don't understand)...  I digress...

Yes, Rahm has been let loose, but he's only done it with the blessing of Axelrod, who has done a complete 180 form the campaign.  August happened, Axelrod got spooked, and now Obama is going to be chasing "independents" about as much as he's been chasing Olympia Snowe with the same lack of success...

It is a strategy that is doomed to fail.  We all know that.  Obama and Axelrod, of all people, should know that.

I wish Plouffe was still around...  maybe he could knock some sense into them..

REID: Voting against us was never part of our arrangement!
SPECTER: I am altering the deal! Pray I don't alter it any further!
REID: This deal keeps getting worse all the time!


[ Parent ]
Yeap- the buck stops with President Obama (4.00 / 3)


[ Parent ]
Ok, but you can't fight the problem, because it's Obama himself... (0.00 / 0)
...so at least try to get rid of some of the symptoms!

[ Parent ]
You are right that sometimes you need to fight the symptoms (4.00 / 1)
and that sometimes, you must do that in order to work on the underlying problem. This is one of those times.

That said, Obama is also a symptom.  The problem is institutional.

Politics is the art of the possible, but that means you have to think about changing what is possible, not that you have to accept it in perpetuity.


[ Parent ]
Summers n/t (4.00 / 1)


There is no such thing as a free market.

[ Parent ]
Pass a jobs bill first (?) (4.00 / 2)
Politically, it may make sense to pass a jobs bill first, before tapping into TARP funds for obviously job related programs.  If congress sees these programs being funded anyway they may pass a smaller bill.

(If there is no legal limit to the use, Obama could really piss off the right and use it for black reparations.  Ok, bad idea...  I'm surprise the rumor hasn't started yet, though.)


Better Stimulus (4.00 / 1)
To date, the stimulus has been too small and directed at the wrong people (i.e. essentially all directly or indirectly propping up failed Wall St).

Here is Steve Keen giving a long talk about what's happening, who saw it coming (he did), and how to fix it (including more effective stimulus) - a LONG talk but well worth the time:

http://www.themonthly.com.au/s...

To cut to the chase - give the stimulus money DIRECTLY to the people on Main St: expand unemployment, expand health care, expand DIRECT stimulus.  Create direct government JOBS programs.  Don't bail out any more banks, and put the current failing banks into bankruptcy and break them up.

Why have Summers, Geithner, and Rahm been against this?  Because they have been expending a tremendous amount of political capital to prop up and MAINTAIN the STATUS QUO.  Unfortunately, the status quo is what created this mess.  So another highly recommend action to implement better policy is to fire those assholes.

As far as tax cuts and other Republican idiotics - well, the less said the better.  Obviously we need to raise taxes on the rich back to historical norms from the 30's, 40's and 50's.


I don't Like the Idea of a Jobs Bill (0.00 / 0)
A massive Bill will lead to massive disappointment. There is just no way that any bill can meet expectations soon enough.

Use the TARP by all means but not in one big chunk. $40 billion to small business loans, great idea just do it now and don't wait. Action now, action tomorrow and action all spring.

Make them oppose each program piece instead of some large interlocking confusing bill.


Nicht kleckern sondern klotzen! (0.00 / 0)
Meaning, don't trickle, go massive (a quote by German WWII tank general Heinz Guderian, and he kicked ass with this strategy). 40 billions is just spitting in the river, it won't make any measurable difference. This would be a sure failure, because it would only create the image of doing something, without any chance for a positive result. Totally useless, even counterproductive.

And giving the republicans more opportunities to be destructive certainly isn't a good idea at all. They will have no problem opposing ALL those small measures. So, this would only result in the Dems wasting their time. If a fight about this is unavoidable, at least make the gains worth the effort.


[ Parent ]
Commercial Real Estate Implosion Ahead (0.00 / 0)
Supposedly. I wonder if/how that factors into discussion of the TARP money. If predictions are accurate and 1.4 trillion in commercial real estate loans go belly up in the next year or two, taking down medium sized regional and small local banks, it would be easier to use TARP funds to shore up these banks than create a whole new program. Then again, I wanted to see another Resolution Trust Corporation approach to this mess in the first place.

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