The House Financial Services Committee, chaired by Rep. Barney
Frank (D-People's Republic of Massachusetts), has approved
legislation handing Treasury Secretary Timothy
Geithner extensive control over salaries of employees who
work for businesses that take in government bailout
funds.
[I]n a little-noticed move, the House Financial Services
Committee, led by chairman Barney Frank, has approved a measure
that would, in some key ways, go beyond the most draconian
features of the original AIG bill. The new legislation, the
"Pay for Performance Act of 2009," would impose government
controls on the pay of all employees -- not just top executives
-- of companies that have received a capital investment from
the U.S. government. It would, like the tax measure, be
retroactive, changing the terms of compensation agreements
already in place. And it would give Treasury Secretary Timothy
Geithner extraordinary power to determine the pay of thousands
of employees of American companies.
The purpose of the legislation is to "prohibit unreasonable and
excessive compensation and compensation not based on
performance standards," according to the bill's language. That
includes regular pay, bonuses -- everything -- paid to
employees of companies in whom the government has a capital
stake, including those that have received funds through the
Troubled Assets Relief Program, or TARP, as well as Fannie Mae
and Freddie Mac.
The measure is not limited just to those firms that received
the largest sums of money, or just to the top 25 or 50
executives of those companies. It applies to all employees of
all companies involved, for as long as the government is
invested. And it would not only apply going forward, but also
retroactively to existing contracts and pay arrangements of
institutions that have already received funds.
In addition, the bill gives Geithner the authority to decide
what pay is "unreasonable" or "excessive." And it directs the
Treasury Department to come up with a method to evaluate "the
performance of the individual executive or employee to whom the
payment relates."
The bill passed the Financial Services Committee last week, 38
to 22, on a nearly party-line vote. (All Democrats voted for
it, and all Republicans, with the exception of Reps. Ed Royce
of California and Walter Jones of North Carolina, voted against
it.) [...]
So, Matthew, what is your point? The FDIC and bankruptcy courts
have had this authority for decades. When the FDIC takes over a
bank, that action cancels all contracts and the FDIC can
renegotiate them. Chapter 11 allows judges to invalidate
management contracts as well (which is retroactive, you know).
If, by way of TARP, the government provides capitalization, they
should be allowed to do the same. By the way, virtually all banks
taken over by the FDIC and companies handled by bankruptcy judges
are private enterprises. To be consistent, you should be
complaining about their right to void contracts as well.
Right?????
Don't any of you guys think about what you are writing before you
post it?
Interested Conservative| 3.31.09 @ 3:02PM
Bob - I think is point is that TARP is neither the FDIC nor
bankruptcy, as far as a legal authority, either by way of statute
or case law.
Whether it is "Mussolini-style corporatism" is another question,
but did you think of that when you opine "they should be allowed
to do the same".
Where is "they should be allowed to do the same" legally
permissible, as far as constitutionally flowing from the
legislature or the executive?
james23| 3.31.09 @ 3:31PM
IC, bob is an Obama troll. His job is to post talking points for
Benito Obamalini here and likely elsewhere.
Bob| 3.31.09 @ 3:32PM
Interested -- you make my point precisely. The FDIC and
bankruptcy does exactly the same thing and the authorization
comes from law. If Congress passes a law giving Treasury the
authority, then it would be the same as the others. That's what
Congress is doing in this case -- passing a law.
Crusader| 3.31.09 @ 3:50PM
Benito Obamalini---LOL!!!
IC, remember: DNFTT!!!!!
Interesyed Conservative| 3.31.09 @ 4:40PM
Crusader - I know, but it can be fun for a while.
Bob - Do you really want the Treasury to have the discretion
you're arguing for? Did you read the linked article and the
objections to giving that discretion? As an analogy, should we
extend similar discretion to law enforcement areas, i.e. repeal
the Miranda rule and assorted follow-on criteria? I thought a
leaner, simpler government was preferable, wth the discretion
resting with the market/individual/citizen as the case may be.
Bob| 3.31.09 @ 7:56PM
IC -- I wouldn't have done the bailout in the first place. But if
the government basically owns the company, they have the
responsibility of restructuring it. Management at these companies
had their chance and should not be rewarded for taking our money.
Criminal law is a different matter. These companies did not break
the law, they were just greedy and short term.
And I agree with you about letting the market work. However, the
market needs appropriate regulation which it did not have. For
example, mortgage originators should have been required to keep
some of the mortgages it originated rather than securitizing
them. That way, they would have been more careful who they gave
mortgages to. If they were required to keep a portion of what
they sold, this problem would not have occurred in the first
place. Furthermore, if you offer insurance like AIG, you should
be required to keep reserves for claims as they do with life
insurance. That would have reduced leverage and prevented much of
the problem. You guys want to blame lawmakers for things like the
CRA/Fannie/Freddie when the real problem was a lack of proper
regulation in the first place.
Angel| 3.31.09 @ 8:13PM
IC, if we work together, maybe eventually we Conservatives can
have some REAL discussions. Trolls don't act in good faith, and I
am tired of the bomb throwers. It would be nice, wouldn't it?
lynnrockets| 4.1.09 @ 1:29AM
BarneyFrank is an awful little pig-man.
J| 4.1.09 @ 1:07PM
Bob, so you are really OK with a tax cheat deciding what your pay
should be? Deciding if, in his opinion, that you make too much?
Deciding that the contract you signed that outlined your duties,
pay scale, promotions etc maybe 6 years ago was too generous and
needs to be reworked so you make less and do more...and pay back
the money you were already paid...and already paid taxes on? Are
they going to return your tax money?...don't think so. Do you
really want the people who vote themselves raises, have the best
health care the government (your money) can buy "FOR LIFE", have
the best retirement that your money can buy "FOR LIFE" to decide
what you are allowed to make? I don't. Remember that these are
the same folks who are bankrupting Social Security and then
telling us that wew have to settle for less benifits or just pay
more. Remind me...do the Senators & Congressman even pay
social security taxes?
The control of salaries in an industry ravaged by federal
government regulation and intervention, for example forcing banks
to make bad loans, and the use of AIG to insure even those that
Fannie and Freddie could not stomach, is an accurate harbinger of
what is going to happen to our doctors under health care. In ten
years, if you need brain surgery, open heart surgery, cancer
surgery, or just plain top rate trauma care for yourself or your
loved one, you can expect the scalpel wielder to be limited in
pay to no more than three times the minimum wage, all in the name
of fairness, by the busy-body control freaks in Washington DC who
enjoy an approval rating lower than Bush at his lowest.
Bob| 3.31.09 @ 2:49PM
So, Matthew, what is your point? The FDIC and bankruptcy courts have had this authority for decades. When the FDIC takes over a bank, that action cancels all contracts and the FDIC can renegotiate them. Chapter 11 allows judges to invalidate management contracts as well (which is retroactive, you know).
If, by way of TARP, the government provides capitalization, they should be allowed to do the same. By the way, virtually all banks taken over by the FDIC and companies handled by bankruptcy judges are private enterprises. To be consistent, you should be complaining about their right to void contracts as well. Right?????
Don't any of you guys think about what you are writing before you post it?
Interested Conservative| 3.31.09 @ 3:02PM
Bob - I think is point is that TARP is neither the FDIC nor bankruptcy, as far as a legal authority, either by way of statute or case law.
Whether it is "Mussolini-style corporatism" is another question, but did you think of that when you opine "they should be allowed to do the same".
Where is "they should be allowed to do the same" legally permissible, as far as constitutionally flowing from the legislature or the executive?
james23| 3.31.09 @ 3:31PM
IC, bob is an Obama troll. His job is to post talking points for Benito Obamalini here and likely elsewhere.
Bob| 3.31.09 @ 3:32PM
Interested -- you make my point precisely. The FDIC and bankruptcy does exactly the same thing and the authorization comes from law. If Congress passes a law giving Treasury the authority, then it would be the same as the others. That's what Congress is doing in this case -- passing a law.
Crusader| 3.31.09 @ 3:50PM
Benito Obamalini---LOL!!!
IC, remember: DNFTT!!!!!
Interesyed Conservative| 3.31.09 @ 4:40PM
Crusader - I know, but it can be fun for a while.
Bob - Do you really want the Treasury to have the discretion you're arguing for? Did you read the linked article and the objections to giving that discretion? As an analogy, should we extend similar discretion to law enforcement areas, i.e. repeal the Miranda rule and assorted follow-on criteria? I thought a leaner, simpler government was preferable, wth the discretion resting with the market/individual/citizen as the case may be.
Bob| 3.31.09 @ 7:56PM
IC -- I wouldn't have done the bailout in the first place. But if the government basically owns the company, they have the responsibility of restructuring it. Management at these companies had their chance and should not be rewarded for taking our money. Criminal law is a different matter. These companies did not break the law, they were just greedy and short term.
And I agree with you about letting the market work. However, the market needs appropriate regulation which it did not have. For example, mortgage originators should have been required to keep some of the mortgages it originated rather than securitizing them. That way, they would have been more careful who they gave mortgages to. If they were required to keep a portion of what they sold, this problem would not have occurred in the first place. Furthermore, if you offer insurance like AIG, you should be required to keep reserves for claims as they do with life insurance. That would have reduced leverage and prevented much of the problem. You guys want to blame lawmakers for things like the CRA/Fannie/Freddie when the real problem was a lack of proper regulation in the first place.
Angel| 3.31.09 @ 8:13PM
IC, if we work together, maybe eventually we Conservatives can have some REAL discussions. Trolls don't act in good faith, and I am tired of the bomb throwers. It would be nice, wouldn't it?
lynnrockets| 4.1.09 @ 1:29AM
BarneyFrank is an awful little pig-man.
J| 4.1.09 @ 1:07PM
Bob, so you are really OK with a tax cheat deciding what your pay should be? Deciding if, in his opinion, that you make too much? Deciding that the contract you signed that outlined your duties, pay scale, promotions etc maybe 6 years ago was too generous and needs to be reworked so you make less and do more...and pay back the money you were already paid...and already paid taxes on? Are they going to return your tax money?...don't think so. Do you really want the people who vote themselves raises, have the best health care the government (your money) can buy "FOR LIFE", have the best retirement that your money can buy "FOR LIFE" to decide what you are allowed to make? I don't. Remember that these are the same folks who are bankrupting Social Security and then telling us that wew have to settle for less benifits or just pay more. Remind me...do the Senators & Congressman even pay social security taxes?
powerball numbers| 8.22.09 @ 9:35AM
The control of salaries in an industry ravaged by federal government regulation and intervention, for example forcing banks to make bad loans, and the use of AIG to insure even those that Fannie and Freddie could not stomach, is an accurate harbinger of what is going to happen to our doctors under health care. In ten years, if you need brain surgery, open heart surgery, cancer surgery, or just plain top rate trauma care for yourself or your loved one, you can expect the scalpel wielder to be limited in pay to no more than three times the minimum wage, all in the name of fairness, by the busy-body control freaks in Washington DC who enjoy an approval rating lower than Bush at his lowest.
okelou| 3.9.10 @ 9:23PM
You are doing a good job!keep it on