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United States Government Accountability Office: 
GAO: 

Testimony: 

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

For Release on Delivery: 
Expected at 10:00 a.m. EDT:
March 17, 2011: 

Troubled Asset Relief Program: 

Status of Programs and Implementation of GAO Recommendations: 

Statement of Thomas J. McCool, Director:
Applied Research and Methods: 

GAO-11-476T: 

Chairman Johnson, Ranking Member Shelby, and Members of the Committee: 

I am pleased to be here today to discuss our work on the Troubled 
Asset Relief Program (TARP), which Congress established on October 3, 
2008, in response to the financial crisis that threatened the 
stability of the U.S. financial system and the solvency of many 
financial institutions. Under the original TARP legislation, the 
Department of the Treasury (Treasury) had the authority to purchase or 
insure $700 billion in troubled assets held by financial institutions. 
[Footnote 1] The Secretary of the Treasury extended the authority 
originally provided under EESA through October 3, 2010. However, the 
Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank 
Act)--signed into law on July 21, 2010--set a new spending ceiling for 
TARP, in effect prohibiting Treasury from incurring any additional 
obligations for programs that had not been initiated prior to June 25, 
2010.[Footnote 2] 

A broad range of activities have been initiated under TARP. Specific 
initiatives have injected capital into key financial institutions; 
implemented programs to address problems in the securitization 
markets; provided assistance to the automobile industry and American 
International Group, Inc. (AIG); and offered incentives for modifying 
residential mortgages, among other things. As TARP passes the 30-month 
mark, U.S. financial markets appear to be less volatile than they were 
in 2008. But questions about a sustained economic recovery continue, 
and certain areas of the economy still face significant challenges. 
For example, foreclosures and mortgage delinquencies continue to 
linger and small businesses still face tight credit conditions. As a 
result, TARP has been transformed into a program that focuses 
primarily on preserving homeownership and improving financial 
conditions for small financial institutions and businesses. While many 
other programs have ended and begun winding down operations and some 
participating institutions have repaid part or all of their TARP 
funds, the prospect of repayment from some other institutions, both 
large and small, remains uncertain. 

EESA required GAO to report at least every 60 days on findings from 
our oversight of actions taken under the programs.[Footnote 3] We have 
been monitoring TARP programs since their inception and our reports 
have highlighted challenges facing many of these programs. To date, we 
have issued more than 40 reports and testimonies related to TARP and 
made more than 60 recommendations to Treasury and the Board of 
Governors of the Federal Reserve System (Federal Reserve) to improve 
the transparency and accountability of TARP operations. 

This statement is primarily based on our January 12, 2011, report and 
focuses on (1) the status of TARP programs; (2) Treasury's progress in 
implementing an effective management structure for TARP, including 
staffing the Office of Financial Stability (OFS), overseeing 
contractors, and establishing a comprehensive system of internal 
controls; and (3) trends in key relevant economic indicators.[Footnote 
4] To do our work, we leveraged our prior reports, reviewed documents 
provided by Treasury's OFS, and conducted interviews with Treasury and 
OFS officials. We conducted this performance audit from March 2010 and 
January 2011 and updated selected information in March 2011 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: 

Some TARP programs--Capital Assistance Program, Asset Guarantee 
Program, and Targeted Investment Program--have been terminated. 
Others, like the Capital Purchase Program (CPP) and the Term Asset-
Backed Securities Loan Facility (TALF), have closed and are winding 
down operations, and several programs that focus on preserving 
homeownership and that have provided assistance to auto companies and 
AIG remain active. 

* CPP, which closed in December 2009, had $30.8 billion outstanding as 
of March 9, 2011, and had received about $171 billion in full and 
partial repayments from CPP participants. However, Treasury faces 
various oversight and management challenges in addressing missed 
dividend and interest payments and monitoring repayment requests. 

* Funding of TALF loans by the Federal Reserve Bank of New York 
(FRBNY) closed in June 2010, and no TARP funds had been expended as of 
March 9, 2011, to purchase collateral from FRBNY because no collateral 
had been surrendered to TALF LLC. TALF will continue to pose potential 
risks to Treasury until all loans are repaid to FRBNY and the program 
is terminated. 

* While the Home Affordable Modification Program (HAMP) remains 
Treasury's primary program to assist homeowners facing foreclosure, 
the program had a slow start and has not performed as anticipated. 
Treasury announced several new programs in 2010. As of March 9, 2011, 
$1.2 billion, none of it recoverable, had been disbursed for TARP 
housing programs. Our most recent work shows there is more Treasury 
can do to better ensure the effective implementation of this program. 

* The Automotive Industry Financing Program (AIFP) had an outstanding 
balance of just more than $44.2 billion as of March 9, 2011. At that 
time, approximately $29.5 billion had been repaid, but Treasury still 
owned 33.3 percent equity in General Motors (GM), 9.2 percent in 
Chrysler, and 73.8 percent in Ally. While the auto companies' 
financial conditions have shown signs of improvement, their ability to 
fully repay the AIFP debt and equity investments depends on a variety 
of factors, which will require Treasury's ongoing oversight. 

* AIG has continued to receive assistance over the last year via an 
equity capital line established in 2009. As of March 9, 2011, AIG has 
repaid $9.1 billion to Treasury. This reduced the balance of 
Treasury's assistance to AIG to $58.7 billion, which included owning 
about 92.2 percent of the company. The government's prospects for 
recouping the assistance it has provided largely rests with the return 
that Treasury earns when it sells its common stock in AIG. 

* The Public-Private Investment Program (PPIP) continues to be an 
active program with $15.9 billion disbursed as of March 9, 2011, and 
$15.2 billion outstanding. Of this investment, Treasury had seen 
unrealized capital gains of approximately $750 million. Treasury still 
holds oversight responsibility for the fund managers until the fund no 
longer holds assets. 

* The Community Development Capital Initiative (CDCI) and the SBA 7(a) 
Securities Purchase Program are small business programs that account 
for a small portion of TARP funding. CDCI closed in September 2010, 
and as of March 9, 2011, Treasury had provided about $570 million to 
84 CDFIs, 28 of which had already participated in CPP. SBA 7(a) 
Securities Purchase Program closed in September 2010, and as of March 
9, 2011, Treasury had made 31 purchases of SBA 7(a) securities 
totaling about $370 million. 

Staffing remains important in OFS as some programs are still being 
implemented and others require continued monitoring, but staff 
retention could be a challenge for OFS going forward. OFS has begun to 
take steps that will help retain staff by addressing succession 
planning for critical senior positions, but its workforce plan has not 
been updated since March 2009. In addition, partly in response to our 
recommendations, OFS has strengthened its management and oversight of 
contractors and financial agents and its system of internal control 
for financial reporting and compliance with program requirements. 

Indicators that we monitor to assess the effectiveness of TARP showed 
that credit markets have largely held the gains they achieved since 
October 2008. While the degree of effectiveness has varied across 
programs, some programs have reportedly had the desired effects, 
especially if stabilizing and restoring confidence in the financial 
system are considered the principal goals of the government's 
interventions. These effects included declines in perceptions of risks 
in various financial markets, such as asset spreads in asset-backed 
securities; declines in interest rates in interbank, mortgage, and 
bond markets; a renewed ability by banks to access capital markets; 
increasing securitizations; and price recovery for some legacy or 
"troubled" assets. 

Some TARP Programs, Including Those That Have Ended and Those That 
Remain Active, Continue to Present Challenges: 

According to OFS, from the inception of TARP through March 9, 2011, it 
has disbursed $410 billion, and received more than $286 billion 
primarily from interest, dividends, and principal repayments on direct 
loans, repurchases of investments, and sales of investments. OFS 
reported $150 billion in gross direct loans and investments 
outstanding as of March 9, 2011 (see table 1). 

Table 1: Status of TARP Programs, as of March 9, 2011 [unaudited] 

Program: CPP; 
Asset purchase price[A]: $204.9 billion; 
Total cash disbursed[B]: $204.9 billion; 
Repayments: $171.1 billion; 
Write-offs and realized losses on sales[C]: $2.6 billion; 
Outstanding balanced: $30.8 billion; 
Additional proceeds[B]: $24.6 billion. 

Program: Targeted Investment Program; 
Asset purchase price[A]: $40.0 billion; 
Total cash disbursed[B]: $40.0 billion; 
Repayments: $40.0 billion; 
Write-offs and realized losses on sales[C]: $0.0; 
Outstanding balanced: $0.0; 
Additional proceeds[B]: $4.4 billion. 

Program: AIFP; 
Asset purchase price[A]: $81.8 billion; 
Total cash disbursed[B]: $79.7 billion; 
Repayments: $29.5 billion; 
Write-offs and realized losses on sales[C]: $6.0 billion; 
Outstanding balanced: $44.2 billion; 
Additional proceeds[B]: $3.8 billion. 

Program: AIG; 
Asset purchase price[A]: $69.8 billion; 
Total cash disbursed[B]: $67.8 billion; 
Repayments: $9.1 billion; 
Write-offs and realized losses on sales[C]: $0.0; 
Outstanding balanced: $58.7 billion; 
Additional proceeds[B]: $0.1 billion. 

Program: Housing programs; 
Asset purchase price[A]: $45.6 billion; 
Total cash disbursed[B]: $1.2 billion; 
Repayments: n/a; 
Write-offs and realized losses on sales[C]: n/a; 
Outstanding balanced: n/a; 
Additional proceeds[B]: n/a. 

Program: PPIP; 
Asset purchase price[A]: $22.4 billion; 
Total cash disbursed[B]: $15.9 billion; 
Repayments: $0.7 billion; 
Write-offs and realized losses on sales[C]: $0.0; 
Outstanding balanced: $15.2 billion; 
Additional proceeds[B]: $0.6 billion. 

Program: SBA 7a; 
Asset purchase price[A]: $0.4 billion; 
Total cash disbursed[B]: $0.4 billion; 
Repayments: less than $0.1 billion; 
Write-offs and realized losses on sales[C]: $0.0; 
Outstanding balanced: $0.4 billion; 
Additional proceeds[B]: less than $0.1 billion. 

Program: CDCI; 
Asset purchase price[A]: $0.6 billion; 
Total cash disbursed[B]: $0.2 billion; 
Repayments: $0.0; 
Write-offs and realized losses on sales[C]: $0.0; 
Outstanding balanced: $0.6 billion; 
Additional proceeds[B]: $0.0. 

Program: TALF; 
Asset purchase price[A]: $4.3 billion; 
Total cash disbursed[B]: $0.1 billion; 
Repayments: $0.0; 
Write-offs and realized losses on sales[C]: $0.0; 
Outstanding balanced: $0.1 billion; 
Additional proceeds[B]: 0.0. 

Program: Asset Guaranty Program; 
Asset purchase price[A]: $5.0 billion; 
Total cash disbursed[B]: $0.0; 
Repayments: $0.0; 
Write-offs and realized losses on sales[C]: $0.0; 
Outstanding balanced: $0.0; 
Additional proceeds[B]: $3.0 billion. 

Program: Total; 
Asset purchase price[A]: $474.8 billion; 
Total cash disbursed[B]: $410.2 billion; 
Repayments: $250.4 billion; 
Write-offs and realized losses on sales[C]: $8.6 billion; 
Outstanding balanced: $150.0; 
Additional proceeds[B]: $36.5 billion. 

Source: GAO analysis of Treasury (OFS) data. 

[A] "Asset purchase price" reflects the aggregate amount Treasury 
agreed to pay to purchase or guarantee outstanding troubled assets 
subject to the $475 billion limit in section 115 of EESA, as amended 
by Section 1302 of the Dodd-Frank Act. This amount includes signed 
contract amounts not yet disbursed. 

[B] "Additional proceeds" include dividends from equity securities, 
interest income from loans and securities, proceeds from repurchases 
of warrants and warrant preferred stock, and proceeds from warrant 
auctions. Treasury also received $31.9 billion in proceeds from sales 
of 7.7 billion shares of Citigroup common stock, of which $25.0 
billion is included in "repayments," and $6.9 billion of proceeds in 
excess of cost is included in "additional proceeds." 

[C] Treasury's write-offs include $2.3 billion in CPP investments 
relating to CIT Group and $1.6 billion in loans to Chrysler pursuant 
to a settlement agreement. Proceeds from the sale of 412 million 
shares of GM common stock amounting to $13.5 billion are included in 
"repayments" and Treasury reported $4.4 billion of realized losses 
(cost in excess of proceeds) on the sale of these securities. 

[D] The "outstanding balance" amounts for CPP and CDCI include the 
effect of $0.4 billion in exchanges of investments under CPP for 
investments under CDCI. 

[End of table] 

The reported net cost of TARP transactions from inception through 
September 30, 2010, was $18.5 billion; however, the ultimate cost of 
TARP will change as a result of (1) differences between the estimated 
values of the direct loans and investments as of September 30, 2010, 
and the amounts OFS will ultimately realize (as the assumptions and 
estimates underlying the valuation of these assets are inherently 
subject to substantial uncertainty), and (2) further disbursements, 
such as those relating to the housing programs which are not subject 
to repayment. 

CPP Investments Present Continued Oversight Challenges for Treasury: 

Under CPP, Treasury invested $205 billion in over 700 financial 
institutions nationwide. Treasury provided capital to qualifying 
financial institutions from October 2008 to December 2009 by 
purchasing preferred shares or subordinated debentures.[Footnote 5] In 
return for its investment, Treasury received preferred stock or 
debentures, which provided for dividend payments (if declared by the 
issuer) or interest payments, as well as warrants. As table 1 shows, 
through March 9, 2011, Treasury had received about $171 billion in 
full and partial repayments. However, Treasury continues to face 
challenges in managing its remaining investments. For example, a 
growing number of CPP participants have missed scheduled dividend or 
interest payments.[Footnote 6] As of February 28, 2011, 189 
institutions had not made at least one scheduled dividend or interest 
payment by the end of the reporting month in which the payments were 
due, for a total of 697 missed payments.[Footnote 7] Over the past 2 
years, the number of CPP institutions missing dividend or interest 
payments by quarter has increased steadily from 8 in February 2009 to 
152 in February 2011, or about 27 percent of existing CPP 
participants. Although the number of CPP institutions missing dividend 
payments is large and increasing, they represent a small share of the 
total dollar amount of original CPP investments.[Footnote 8] 
Generally, if an institution has not paid in full a total of six 
dividend or interest payments, Treasury has the right to elect two 
members to the institution's board of directors. As of February 28, 
2011, 32 institutions had at least six missed payments that remained 
unpaid, and Treasury had not yet exercised its right to nominate 
directors for these institutions. However, 31 CPP institutions that 
have missed at least five payments have agreed to have Treasury 
observers attend meetings of their boards of directors. As more 
institutions miss scheduled dividend payments, Treasury faces a 
significant challenge of determining the extent to which it will 
exercise its right to nominate board members. In August 2010, Treasury 
began addressing this challenge by publicly releasing information on 
its policies and procedures for nominating board members to these 
institutions. These plans include using OFS staff to observe board 
meetings of institutions missing at least five dividend or interest 
payments and using a variety of considerations--such as an 
institution's financial condition and function of its board of 
directors--to decide whether to nominate a board member. 

In addition, in order to protect its interests in CPP investments and 
promote financial stability, Treasury has conducted a limited, but 
growing, number of exchanges and dispositions. Over the last 2 years, 
Treasury has restructured the assistance provided to 16 CPP 
participants by swapping its preferred stock for other forms of equity 
securities or selling the preferred stock to new investors involved in 
a merger or capital restructuring with a CPP institution. OFS 
finalized policies and procedures governing exchanges and dispositions 
of TARP securities, including CPP investments, in October 2009. OFS 
stated that it would consider various factors when assessing an 
institution's proposal for an asset exchange, including the impact on 
the institution's capital, the possible impact on Treasury's position 
relative to holders of similar securities, the U.S. government's 
overall economic position, and whether any premiums paid over market 
prices are reasonable and consistent with similar transactions in the 
marketplace. 

Through February 2011, Treasury had received about $171 billion in 
full and partial repayments from 146 institutions, including 28 
institutions that exchanged $363 million of their CPP investments for 
investments under Treasury's CDCI program. However, questions about 
the health of smaller banks continue, and small institutions 
participating in CPP may face challenges in fulfilling the terms 
needed to exit the program. According to Treasury data, 75 percent of 
the total dollar amount of CPP investments in institutions under $10 
billion in assets remains outstanding compared to only 10 percent for 
investments in institutions over $10 billion. Our recent report on CPP 
identified weaknesses in Treasury's monitoring of regulators' 
decisions to approve or deny requests to repay CPP 
investments.[Footnote 9] The American Recovery and Reinvestment Act of 
2009 included provisions modifying the terms of CPP repayments to 
require that Treasury allow any institution to repay its CPP 
investment subject only to consultation with the appropriate federal 
bank regulator. Treasury officials indicated that, as a result of 
these changes, they had not provided guidance or criteria to 
regulators on deciding when to allow institutions to repay CPP 
investments and had not collected information on the reasons for these 
decisions. However, according to Treasury, it helped facilitate 
meetings among the regulators in the spring of 2009 at which they 
discussed standards for permitting TARP recipients to repay. 

Bank regulatory officials said they used existing supervisory 
procedures that were generally applicable to capital reductions as a 
basis for reviewing CPP repurchase requests. In our recent report, we 
found that while the decision ultimately lies with the regulators, 
without collecting information on or monitoring regulators' decisions, 
Treasury had no basis for determining whether decisions involving 
similar institutions were being made consistently and, thus, whether 
CPP participants were being treated equitably. Further, absent 
information on why regulators made repayment decisions, Treasury 
cannot provide feedback to regulators. Accordingly, we recommended 
that Treasury periodically collect and review certain information from 
bank regulators on the analysis and conclusions supporting their 
decisions on CPP repayment requests and provide feedback for the 
regulators' consideration on the extent to which regulators are 
evaluating similar institutions consistently. In its response, 
Treasury stated that it would consider ways to address the objectives 
of our recommendations while also noting the constraints presented by 
the law and principles of regulatory independence. 

About Half of the TALF Loans Have Been Repaid, but Continued 
Monitoring is Important: 

TALF provided loans to private investors to purchase asset-backed 
securities (ABS) and commercial mortgage-backed securities (CMBS) to 
encourage the issuance of new securitizations and provide liquidity 
for new consumer and business loans. To assist in this effort, 
Treasury provides credit protection for TALF. TALF made about $71 
billion in loans from March 2009 through June 2010, with most of them 
secured by credit card ABS, auto loan ABS, legacy CMBS, and student 
loan ABS. According to the Federal Reserve, more than half of these 
loans have been repaid. Moreover, Treasury has not had to disburse any 
TARP funds to cover losses from unpaid loans. However, until all loans 
are repaid to FRBNY, it is important for Treasury to continue to 
monitor TALF to anticipate future needs for credit support. 

Treasury has addressed concerns that we raised about Treasury's role 
in TALF, including monitoring risks related to commercial mortgage-
backed securities, formalizing the decision-making process with the 
Federal Reserve, and conducting an assessment of how to track and 
report on assets that might be surrendered. 

AIFP Illustrates both Progress and Ongoing Uncertainty in Recouping 
Assistance: 

From December 2008 through December 2009, Treasury announced $86.3 
billion in funding available to help stabilize the auto industry and 
disbursed $79.7 billion of this funding, including (1) about $62 
billion to fund Chrysler and GM while they restructured, (2) about 
$16.3 billion to provide capital assistance to Ally Financial, and (3) 
$1.5 billion to a special purpose vehicle (SPV) created by Chrysler 
Financial.[Footnote 10] In return for its assistance to Chrysler and 
GM, Treasury received 9.85 percent equity in the reorganized Chrysler, 
60.8 percent equity and $2.1 billion in preferred stock in the 
reorganized GM, and $13.8 billion in debt obligations between the two 
companies. In return for its investment in Ally Financial, Treasury 
received preferred shares equaling ownership of more than half of Ally 
Financial by the end of 2009 and almost three-quarters by the end of 
2010. As of March 9, 2011, approximately $29.5 billion had been repaid 
[Footnote 11] and Treasury owned 33.3 percent equity in GM, 9.2 
percent in Chrysler, and 73.8 percent in Ally.[Footnote 12] A 
substantial portion of these repayments come from GM, via its initial 
public offering (IPO). In total, Treasury sold over 412 million of its 
shares in GM's IPO, for which it received $13.5 billion in net 
proceeds to repay the government's initial investment.[Footnote 13] In 
March 2011, Treasury sold $2.7 billion of trust preferred securities 
in Ally Financial. 

Since emerging from bankruptcy in the summer of 2009, Chrysler and GM 
have shown signs of progress in returning to profitability; however, 
their ability to fully repay the AIFP debt and equity investments 
depends on a variety of factors, which will require Treasury's ongoing 
oversight.[Footnote 14] One sign of progress is that vehicle sales 
increased substantially for both companies in January and February of 
2011 compared to the prior year (23 percent and 49 percent for GM; 23 
percent and 13 percent for Chrysler). In addition, in 2010 both 
companies released financial statements that, according to Treasury 
officials, exceeded Treasury's projections for revenues, operating 
earnings, and cash flows. Also, GM held an IPO in late 2010 and 
Chrysler expects to hold an IPO in 2011. Nevertheless, while GM's and 
Chrysler's financial conditions have improved, each faces challenges 
that could affect their financial future. For example, although sales 
are improving, volumes are highly dependent on economic and market 
conditions--such as unemployment levels, consumer confidence, and 
credit availability--that currently remain fragile. Similarly, high 
fuel prices could negatively impact sales of the companies' most 
profitable vehicles such as pickup trucks and sport utility vehicles. 
Furthermore, the companies' U.S. pension plans are underfunded, and 
they will face large future payments to their pension plans to make up 
this underfunding. 

Ally Financial, a bank holding company, has also shown signs of an 
improved financial condition, posting $1.1 billion in profit in 2010, 
but the government's ability to recoup its investment in Ally relies 
on the health of the auto industry, as well as the company's ability 
to compete with other credit providers. Ally Financial's chief 
executive officer noted that the recent conversion of $5.5 billion of 
Treasury's shares to common equity should help the company in its 
efforts to conform its capital structure to that more typical of a 
bank holding company.[Footnote 15] Treasury also reported the 
conversion may improve Ally's ability to raise debt financing. 
Regardless, Ally Financial could face increased competition for its 
business in the future, including potentially from GM, which acquired 
Americredit, an auto finance company. Treasury officials noted they 
are confident Ally Financial will hold an IPO and expected that it 
would likely take Treasury a year or 2 to sell all of its shares. 

In our ongoing monitoring of AIFP, we have made several 
recommendations to help Treasury monitor and assess its investment in 
the auto companies, and we are working with Treasury to help ensure 
their implementation.[Footnote 16] We are continuing to monitor the 
financial condition of the industry, and are reviewing the current 
financial condition and outlook of GM and Chrysler in ongoing work. As 
part of that ongoing work, we also are reviewing the status of the 
federal government's efforts to assist workers and communities that 
have relied on the auto industry for their economic viability. 

Treasury's Exposure to AIG Under TARP is Tied to the Current and 
Future Health of the Company and the Insurance Industry: 

In November 2008, Treasury began providing assistance to AIG, and with 
the closing of AIG's recapitalization plan in January 2011, this 
assistance has risen still further, but AIG has recently started 
repaying its debt to Treasury. On January 14, 2011, AIG closed on a 
plan to recapitalize the company, which included several transactions 
that terminated FRBNY's direct assistance to the company while 
increasing Treasury's equity interests to $67.8 billion, which 
included owning about 92.2 percent of the company. On March 8, 2011, 
AIG repaid $6.9 billion to Treasury, which included $1.4 billion for 
Treasury's remaining preferred interests in the American Life 
Insurance Company (ALICO) SPV and $5.5 billion for Treasury's 
remaining preferred interests in the AIA Group Limited (AlA) SPV, 
leaving Treasury with preferred interests of $11.3 billion in the AIA 
SPV. This repayment reduced the outstanding balance of AIG's 
assistance to $58.7 billion. 

Since early 2009, we have been monitoring the status of federal 
assistance to AIG and the company's financial condition using GAO- 
developed indicators and have issued three reports that have included 
information on them.[Footnote 17] In our January 2011 report, our 
indicators showed that AIG's financial condition had generally 
remained relatively stable or showed signs of improvement, largely due 
to the federal assistance from the Federal Reserve and Treasury. 
[Footnote 18] Federal assistance has continued to play a key role in 
stabilizing AIG's liquidity, equity structure, and credit ratings. The 
government's prospects for recouping the assistance it has provided 
largely rests with the return that Treasury earns when it sells its 
common stock in AIG. We will continue to monitor the government's 
investment and the status of AIG's repayment efforts. In addition, our 
ongoing work on AIG also includes a review of the Federal Reserve 
facilities implemented to assist AIG. 

Treasury Has Faced Challenges in Implementing its Making Home 
Affordable Program and Relatively Few Borrowers Have Received 
Permanent Loan Modifications: 

As we have noted in our past reports, Treasury's efforts to help 
borrowers facing potential foreclosures continue to face challenges. 
[Footnote 19] Since Treasury first announced the framework for its 
Making Home Affordable (MHA) program over 2 years ago, the number of 
homeowners facing potential foreclosure has remained at historically 
high levels. The Home Affordable Modification Program (HAMP), the key 
component under MHA, seeks to help eligible homeowners avoid 
foreclosure by reducing their monthly mortgage payments to more 
affordable levels--specifically to 31 percent of the homeowner's 
income. As of December 31, 2010, there were a total of 143 active MHA 
servicers.[Footnote 20] Through January 2011, $29.9 billion in TARP 
funds had been committed to these servicers for modification of non- 
government-sponsored enterprise (GSE) loans.[Footnote 21] Based on the 
MHA Servicer Performance Report through January 2011, nearly 1.8 
million HAMP trial modifications had been offered to borrowers of GSE 
and non-GSE loans as of the end of January 2011, and nearly 1.5 
million of these had begun HAMP trial modifications.[Footnote 22] Of 
the trial modifications that had begun, approximately 145,000 were in 
active trial modifications, roughly 539,000 were in active permanent 
modifications, roughly 740,000 trial modifications had been canceled, 
and roughly 68,000 permanent modifications had been canceled. 
Recently, the number of new trial and permanent modifications started 
each month has declined (figure 1). As of December 31, 2010, $1 
billion in TARP funds had been disbursed for TARP-funded housing 
programs, of which $840 million has been disbursed for HAMP-related 
activity. 

Figure 1: GSE and Non-GSE HAMP Trial and Permanent Modifications Made 
and Canceled Each Month, through January 2011: 

[Refer to PDF for image: multiple line graph] 

Year: 2009: 

Date: May and prior; 
Trials started: 55,478. 

Date: June; 
Trials started: 109,399. 

Date: July; 
Trials started: 119,815. 

Treasury announces goal of 500,000 trials by November 1,2009. 

Date: August; 
Trials started: 144,35. 

Date: September; 
Trials started: 134,456; 
Permanents started: 4,742. 

Date: October; 
Trials started: 159,129; 
Permanents started: 10,907. 

Start of Treasury's Conversion Campaign. 

Date: November; 
Trials started: 115,061; 
Permanents started: 15,775. 

Date: December; 
Trials started: 118,332; 
Permanents started: 35,514. 

Year: 2010: 

Date: January; 
Trials started: 94,400; 
Permanents started: 50,364; 
Trials canceled: 60,476; 
Permanents canceled: 1,005. 

Date: February; 
Trials started: 87,668; 
Permanents started: 52,905; 
Trials canceled: 28,187; 
Permanents canceled: 494. 

Date: March; 
Trials started: 70,489; 
Permanents started: 60,594; 
Trials canceled: 66,51; 
Permanents canceled: 1,380. 

Date: April; 
Trials started: 48,112; 
Permanents started: 68,291; 
Trials canceled: 122,467; 
Permanents canceled: 865. 

Date: May; 
Trials started: 26,086; 
Permanents started: 47,724; 
Trials canceled: 152,056; 
Permanents canceled: 2,613. 

Date: June; 
Trials started: 21,759; 
Permanents started: 51,205; 
Trials canceled: 91,118; 
Permanents canceled: 2,466. 

Date: July; 
Trials started: 24,318; 
Permanents started: 36,695; 
Trials canceled: 96,025; 
Permanents canceled: 4,089. 

Date: August; 
Trials started: 22,835; 
Permanents started: 33,342; 
Trials canceled: 46,699; 
Permanents canceled: 6,209. 

Date: September; 
Trials started: 30,586; 
Permanents started: 27,84; 
Trials canceled: 36,386; 
Permanents canceled: 10,069. 

Date: October; 
Trials started: 29,569; 
Permanents started: 23,75; 
Trials canceled: 19,563; 
Permanents canceled: 7,116. 

Date: November; 
Trials started: 29,346; 
Permanents started: 29,972; 
Trials canceled: 9,622; 
Permanents canceled: 8,666. 

Date: December; 
Trials started: 31,160; 
Permanents started: 30,030; 
Trials canceled: 5,400; 
Permanents canceled: 13,048. 

Year: 2011: 

Date: January; 
Trials started: 20,759; 
Permanents started: 27,957; 
Trials canceled: 5,731; 
Permanents canceled: 10,094. 

Source: GAO analysis of Treasury data. 

[End of figure] 

In July 2009 and June 2010, we reported on the challenges Treasury 
faced in implementing HAMP and made recommendations to improve the 
transparency and equitable implementation of the program.[Footnote 23] 
For example, in July 2009 we noted that while Treasury required 
borrowers with high levels of total debt to agree to obtain counseling 
before receiving a HAMP modification, it was not monitoring whether 
these borrowers, in fact, received counseling. In addition, we noted 
that Treasury had yet to establish a comprehensive system of internal 
control for HAMP, including metrics and benchmarks for servicers' 
performance. Three out of the six recommendations we made in July 2009 
have yet to be fully implemented and, as such, remain open. 

In June 2010, we reported on several inconsistencies in the way 
servicers treated borrowers under HAMP that could lead to inequitable 
treatment of similarly situated borrowers. These inconsistencies 
involved how servicers solicited borrowers for the program, how they 
evaluated borrowers who were not yet 60-days delinquent on their 
mortgage payments, and how they handled borrower complaints. In 
addition, we noted that while Treasury had taken some steps to ensure 
servicer compliance with program requirements, it had not yet 
finalized consequences for servicer noncompliance. We made eight 
recommendations to improve the transparency and accountability of HAMP 
in June 2010. Treasury stated that it intended to implement some of 
the recommendations, but little action has been taken to date. 

In addition to the HAMP first-lien modification program, Treasury has 
begun implementing several other TARP-funded programs for struggling 
homeowners under the MHA program, including the Second-Lien 
Modification Program (2MP), the Principal Reduction Alternatives (PRA) 
program for borrowers who owe more on their mortgages than the value 
of their homes, and the Home Affordable Foreclosure Alternatives 
(HAFA) program for those who are not successful in HAMP modifications. 
[Footnote 24] As noted in the report we are issuing today, the 
implementation of 2MP, HAFA, and PRA has been slow and limited 
activity has been reported to date (see table 2).[Footnote 25] This 
slow pace is attributed in part to several implementation challenges. 
For example, servicers told us that the start of 2MP had been slow due 
to problems with the database Treasury required them to use to 
identify potentially eligible loans. Additionally, borrowers may not 
be aware of their potential eligibility for the program. While 
Treasury recently revised its guidelines to allow servicers to bypass 
the database for certain loans, servicers could do more to alert HAMP 
first-lien modification borrowers about the new second-lien program. 
Implementation of the foreclosure alternatives program has also been 
slow due to program restrictions, such as the requirement that 
borrowers be evaluated for a first-lien modification even if they have 
already identified a potential buyer for a short sale. Although 
Treasury has recently taken action to address some of these concerns, 
the potential effects of its changes remain unclear. 

Table 2: Activity Under the 2MP, Foreclosure Alternative, and PRA as 
of December 31, 2010: 

Program: 2MP; 
Date announced: March 2009; 
Implementation date: March 2010; 
Funding allocation: Nearly $133 million; 
Reported activity as of December 31, 2010: $2.9 million in incentives 
paid. 

Program: Home Affordable Foreclosure Alternatives; 
Date announced: March 2009; 
Implementation date: April 5, 2010; 
Funding allocation: $4.1 billion; 
Reported activity as of December 31, 2010: $9.5 million in incentives 
paid. 

Program: PRA; 
Date announced: March 2010; 
Implementation date: October 1, 2010; 
Funding allocation: $2.0 billion; 
Reported activity as of December 31, 2010: Activity not yet 
reported[A]. 

Source: Treasury. 

[A] PRA incentives are paid on an annual basis contingent upon 
successful performance of the modified mortgage during the preceding 
12 months. 

[End of table] 

Our most recent work shows there is more Treasury can do to ensure the 
effective implementation of these programs, including ensuring that 
servicers have sufficient capacity to implement them and that 
borrowers are notified about potential eligibility for second-lien 
modifications. We also believe it will be important for Treasury to 
have clear and accurate information on the dispositions of borrowers 
who are denied or fall out from HAMP modifications. Without accurate 
reporting of borrower outcomes, Treasury cannot know the actual extent 
to which borrowers who are denied, canceled, or redefaulted from HAMP 
are helped by other programs or evaluate the need for further action 
to assist this group of homeowners. We continue to believe there are 
opportunities to improve the transparency, accountability, and 
effectiveness of MHA. 

Assets under PPIP Have Shown Positive Returns, but Continued 
Monitoring is Important: 

Treasury still has important monitoring responsibilities for PPIP 
investments. The legacy securities program of PPIP, announced in March 
2009, was designed to facilitate price discovery in markets for these 
assets, repair balance sheets throughout the financial system, and 
increase the availability of credit to households and businesses 
through the purchase of "legacy" residential mortgage-backed 
securities (RMBS) and CMBS. Through the program, Treasury and private-
sector fund managers and investors partnered to purchase eligible 
securities from banks, insurance companies, mutual funds, pension 
funds, and other eligible sellers--though the fund managers have sole 
discretion in making purchases and investment decisions according to 
the terms of the agreements between Treasury and the Public Private 
Investment Funds (PPIF). Treasury still holds oversight responsibility 
for the fund managers until the funds no longer hold assets. 

The eight PPIFs have had positive returns and have invested in a 
variety of legacy assets, including CMBS, subprime RMBS, prime RMBS, 
Alt-A RMBS, and option adjustable-rate RMBS. The PPIFs paid $228 
million in interest and dividends to Treasury over fiscal year 2010. 
But returns could fluctuate over time, as they are subject to market 
risk factors until the PPIFs close. As of March 9, 2011, Treasury's 
investments accounted for about $15.9 billion of about $22.4 billion 
available to fund PPIP. Of this investment, about $15.2 billion 
remained outstanding. Treasury had seen unrealized capital gains of 
approximately $750 million. 

Treasury Initially Launched Programs under TARP to Assist Small 
Businesses but Has Shifted These Efforts outside of TARP: 

Given the importance of small businesses to the overall economy, 
Treasury created several programs under TARP to help address small 
business credit constraints. The existing TARP programs that are 
intended to assist small businesses focused on capitalizing certain 
depository institutions and stabilizing secondary markets for SBA- 
guaranteed loans. They included: 

* CDCI, which was announced in October 2009 and closed in September 
2010. As of March 9, 2011, Treasury had provided about $570 million to 
84 CDFIs, 28 of which had already participated in CPP. 

* SBA 7(a) Securities Purchase Program, which was announced in March 
2009 and closed in September 2010. As of March 9, 2011, Treasury had 
made 31 purchases of SBA 7(a) securities totaling about $370 million. 

* TALF, which was announced in November 2008 and closed in June 2010. 
TALF loans secured by SBA 7(a) and 504 securitizations represented 3 
percent of TALF loans. The Federal Reserve estimates that about 
850,000 small business loans were financed in part by securities 
supported by TALF. 

Treasury has taken steps to address concerns we identified about the 
implementation of some of these programs. For example, although the 
purpose of CDCI was initially unclear to some participants, public 
communications about the dual purposes of the program--to assist small 
business lending and to support the mission of Community Development 
Financial Institutions--was clarified toward the end of the program. 
Treasury has addressed concerns that we raised about Treasury's role 
in TALF, including monitoring risks related to commercial mortgage-
backed securities, formalizing the decision-making process with the 
Board of Governors of the Federal Reserve System, and conducting an 
assessment of how to track and report on assets that might be 
surrendered. 

Given concerns about the TARP stigma, Treasury shifted its efforts to 
assist small businesses outside of TARP by proposing a separate Small 
Business Lending Fund. The Small Business Jobs Act of 2010 created a 
$30 billion bank capital support program encouraging small and midsize 
banks to lend to small businesses and contains metrics for measuring 
increases in small business lending. We are currently reviewing the 
fund, as required by the Small Business Jobs Act of 2010. 

OFS has Made Progress in Staffing Key Positions, but Needs to Finalize 
Its Workforce Plan: 

OFS has continued to make progress in staffing key positions, managing 
its contracts, and maintaining internal controls. While OFS's 
organizational structure has stabilized as it moves into maintenance 
mode, more could be done to address retention of key staff as TARP 
winds down. Treasury continues to rely on a network of financial 
agents and contractors for certain activities and will likely do so as 
the program comes to a close. Finally, Treasury has taken steps to 
develop a system of internal control. 

OFS Staffing Has Stabilized, but OFS Has Not Finalized a Plan for 
Addressing Staff Retention Challenges as TARP Winds Down: 

In the last year, OFS staffing and its organizational structure have 
stabilized. Over the past 2 years, the number of OFS employees has 
increased steadily with the number of employees increasing and the 
number of detailees decreasing. In addition, Treasury has filled key 
leadership positions in OFS, including the position of Chief of the 
Homeownership Preservation Office. However, this stability is 
uncertain as OFS faces new challenges. For example, the Assistant 
Secretary of Financial Stability resigned in September 2010 and this 
key leadership position is temporarily filled. 

With more than 200 employees, staffing at OFS remains important. As we 
have seen, some programs are still being implemented and others, while 
having been closed or terminated, have assets that must be managed, 
repaid, and divested. More than half of OFS's employees, including key 
leaders, are term appointments (many with 4-year term limits). OFS has 
begun to take steps that will help to retain staff. OFS is also 
addressing succession planning for critical senior positions, and in 
response to our recommendation in the January 2011 report is 
finalizing its Human Capital Strategic Plan. According to OFS, this 
plan is a roadmap to ensure that OFS manages its workforce effectively 
and continues to attract, develop, and retain high caliber employees. 

Treasury Continues to Strengthen Management and Oversight of Financial 
Agents and Contractors and Is Addressing Conflicts-of-Interest 
Requirements: 

Since the inception of TARP, Treasury has continued to rely on private-
sector resources to assist OFS with a variety of activities. Treasury 
has used two mechanisms for engaging private-sector firms. First, 
Treasury has exercised its statutory authority to retain 15 financial 
agents (depository and related financial institutions designated to 
perform assigned functions on its behalf). Second, Treasury has 
entered into contract and blanket purchase agreements under the 
Federal Acquisition Regulation for a variety of legal, investment 
consulting, accounting, and other services and supplies. According to 
Treasury's data, as of September 30, 2010, Treasury had 81 contracts 
and blanket purchase agreements, up from 39 from the previous year. In 
total, Treasury had 96 financial agency agreements and contractual 
arrangements with a total potential value of almost $841 million, as 
of September 30, 2010. 

When Treasury set up OFS in 2008 and quickly began to implement 
numerous TARP initiatives, OFS lacked complete procurement procedures 
and internal controls to oversee its growing number of contractors and 
financial agents, as well as a comprehensive compliance system to 
monitor and fully address vendor-related conflicts of interest. We 
made a series of recommendations between December 2008 and June 2009 
that were intended to strengthen Treasury's management and oversight 
of its vendors and improve the transparency of contracted operations. 
One year after implementation, OFS had put in place an appropriate 
infrastructure to manage and monitor its network of financial agents 
and contractors, as well as a system to oversee conflicts of interest 
that may arise with financial agents or contractors seeking or 
performing work under TARP. OFS has continued to make management and 
oversight enhancements. 

OFS Has Taken Steps to Develop a System of Internal Control for TARP 
Programs: 

Treasury has taken steps to develop an internal control system to 
ensure compliance with program requirements, including limitations on 
executive compensation, stock repurchase, and dividends. OFS's Office 
of Internal Review has a key role in helping to ensure such 
compliance. Treasury also relies on financial agents to perform 
additional oversight responsibilities. Although Treasury has generally 
developed an overall system of internal control for compliance with 
program requirements, we have identified areas in which certain 
controls for specific programs, such as HAMP, could be improved. In 
particular, Treasury has not fully implemented our recommendation to 
develop a comprehensive system of internal control for HAMP, including 
developing benchmarks or goals for specific HAMP performance measures 
such as conversion and redefault rates. We will continue to monitor 
Treasury's actions to address identified deficiencies. 

In addition, our 2010 financial audit report concluded that although 
certain internal controls could be improved, OFS maintained, in all 
material respects, effective internal control over financial reporting 
as of September 30, 2010. These controls provided reasonable assurance 
that misstatements, losses, or noncompliance material in relation to 
the financial statements would be prevented or detected and corrected 
on a timely basis.[Footnote 26] Our opinion on internal control over 
financial reporting is based on criteria established under 31 U.S.C. 
§3512 (c), (d), commonly known as the Federal Manager's Financial 
Integrity Act. 

Indicators Suggest That Credit Markets Have Largely Held the Gains 
They Achieved since October 2008: 

The concerted actions by Treasury, the Federal Reserve, and others 
since the crisis began have been credited with helping to avert a more 
severe financial crisis, but the ultimate impact of the interventions 
on the economy as a whole remains to be seen. Since the passage of 
EESA, indicators generally suggest that credit markets have improved 
and while the effectiveness of the TARP programs have varied, some 
have reportedly had the desired effects, especially if stabilizing the 
financial system and restoring confidence was considered to be the 
principal goal of the intervention. However, the strength of the 
economic recovery remains uncertain, and the ultimate impact of the 
interventions on the real economy remains to be seen. 

While movements in most of these indicators during the second year of 
TARP are likely more reflective of other non-TARP market developments, 
some metrics we have monitored for programs with later start dates 
(PPIP, HAMP, and to a lesser extent TALF) show some improvements. For 
example, PPIP indicators show substantial improvement and TALF 
indicators continue to improve. However, indicators for MHA continue 
to highlight the challenges in the area of residential housing. 
Finally, our indicators suggest that credit markets have largely held 
the gains achieved since October 2008, despite the unwinding of TARP 
programs, the early termination of TARP's authority, the general exit 
from other government interventions, and the turmoil in Europe. Over 
time, analysis of the exits from remaining TARP programs will provide 
a more complete assessment of the resilience of the financial system. 

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

For further information on this testimony, please contact Thomas J. 
McCool on (202) 512-2642 or mccoolt@gao.gov, or Orice Williams Brown 
on (202) 512-8678 or williamso@gao.gov. Contact points for our Offices 
of Congressional Relations and Public Affairs may be found on the last 
page of this statement. 

[End of section] 

Related GAO Products: 

Troubled Asset Relief Program: Treasury Continues to Face 
Implementation Challenges and Data Weaknesses in Its Making Home 
Affordable Program, [hyperlink, 
http://www.gao.gov/products/GAO-11-288], March 17, 2011. 

Troubled Asset Relief Program: Third Quarter 2010 Update of Government 
Assistance Provided to AIG and Description of Recent Execution of 
Recapitalization Plan. [hyperlink, 
http://www.gao.gov/products/GAO-11-46]. January 20, 2011. 

Troubled Asset Relief Program: Status of Programs and Implementation 
of GAO Recommendations. [hyperlink, 
http://www.gao.gov/products/GAO-11-74]. January 12, 2011. 

Financial Audit: Office of Financial Stability (Troubled Asset Relief 
Program) Fiscal Years 2010 and 2009 Financial Statements. [hyperlink, 
http://www.gao.gov/products/GAO-11-174]. November 15, 2010. 

Troubled Asset Relief Program: Opportunities Exist to Apply Lessons 
Learned from the Capital Purchase Program to Similarly Designed 
Programs and to Improve the Repayment Process. [hyperlink, 
http://www.gao.gov/products/GAO-11-47]. October 4, 2010. 

Troubled Asset Relief Program: Bank Stress Test Offers Lessons as 
Regulators Take Further Actions to Strengthen Supervisory Oversight. 
[hyperlink, http://www.gao.gov/products/GAO-10-861]. September 29, 
2010. 

Financial Assistance: Ongoing Challenges and Guiding Principles 
Related to Government Assistance for Private Sector Companies. 
[hyperlink, http://www.gao.gov/products/GAO-10-719]. August 3, 2010. 

Management Report: Improvements are Needed in Internal Control Over 
Financial Reporting for the Troubled Asset Relief Program. [hyperlink, 
http://www.gao.gov/products/GAO-10-743R]. June 30, 2010. 

Troubled Asset Relief Program: Treasury's Framework for Deciding to 
Extend TARP Was Sufficient, but Could be Strengthened for Future 
Decisions. [hyperlink, http://www.gao.gov/products/GAO-10-531]. June 
30, 2010. 

Troubled Asset Relief Program: Further Actions Needed to Fully and 
Equitably Implement Foreclosure Mitigation Programs. [hyperlink, 
http://www.gao.gov/products/GAO-10-634]. June 24, 2010. 

Debt Management: Treasury Was Able to Fund Economic Stabilization and 
Recovery Expenditures in a Short Period of Time, but Debt Management 
Challenges Remain. [hyperlink, 
http://www.gao.gov/products/GAO-10-498]. May 18, 2010. 

Troubled Asset Relief Program: Update of Government Assistance 
Provided to AIG. [hyperlink, http://www.gao.gov/products/GAO-10-475]. 
April 27, 2010. 

Troubled Asset Relief Program: Automaker Pension Funding and Multiple 
Federal Roles Pose Challenges for the Future. [hyperlink, 
http://www.gao.gov/products/GAO-10-492]. April 6, 2010. 

Troubled Asset Relief Program: Home Affordable Modification Program 
Continues to Face Implementation Challenges. [hyperlink, 
http://www.gao.gov/products/GAO-10-556T]. March 25, 2010. 

Troubled Asset Relief Program: Treasury Needs to Strengthen Its 
Decision-Making Process on the Term Asset-Backed Securities Loan 
Facility. [hyperlink, http://www.gao.gov/products/GAO-10-25]. February 
5, 2010. 

Financial Audit: Office of Financial Stability (Troubled Asset Relief 
Program) Fiscal Year 2009 Financial Statements. [hyperlink, 
http://www.gao.gov/products/GAO-10-301]. December 9, 2009. 

Troubled Asset Relief Program: Continued Stewardship Needed as 
Treasury Develops Strategies for Monitoring and Divesting Financial 
Interests in Chrysler and GM. [hyperlink, 
http://www.gao.gov/products/GAO-10-151]. November 2, 2009. 

Troubled Asset Relief Program: Capital Purchase Program Transactions 
for October 28, 2008, through September 25, 2009, and Information on 
Financial Agency Agreements, Contracts, Blanket Purchase Agreements, 
and Interagency Agreements Awarded as of September 18, 2009. 
[hyperlink, http://www.gao.gov/products/GAO-10-24SP]. October 8, 2009. 

Troubled Asset Relief Program: One Year Later, Actions Are Needed to 
Address Remaining Transparency and Accountability Challenges. 
[hyperlink, http://www.gao.gov/products/GAO-10-16]. October 8, 2009. 

Debt Management: Treasury Inflation Protected Securities Should Play a 
Heightened Role in Addressing Debt Management Challenges. [hyperlink, 
http://www.gao.gov/products/GAO-09-932]. September 29, 2009. 

Troubled Asset Relief Program: Status of Government Assistance 
Provided to AIG. [hyperlink, http://www.gao.gov/products/GAO-09-975]. 
September 21, 2009. 

Troubled Asset Relief Program: Treasury Actions Needed to Make the 
Home Affordable Modification Program More Transparent and Accountable. 
[hyperlink, http://www.gao.gov/products/GAO-09-837]. July 23, 2009. 

Troubled Asset Relief Program: Capital Purchase Program Transactions 
for October 28, 2008, through March 20, 2009, and Information on 
Financial Agency Agreements, Contracts, Blanket Purchase Agreements, 
and Interagency Agreements Awarded as of June 1, 2009. [hyperlink, 
http://www.gao.gov/products/GAO-09-707SP]. June 17, 2009. 

Troubled Asset Relief Program: June 2009 Status of Efforts to Address 
Transparency and Accountability Issues. [hyperlink, 
http://www.gao.gov/products/GAO-09-658]. June 17, 2009. 

Auto Industry: Summary of Government Efforts and Automakers' 
Restructuring to Date. [hyperlink, 
http://www.gao.gov/products/GAO-09-553]. April 23, 2009. 

Small Business Administration's Implementation of Administrative 
Provisions in the American Recovery and Reinvestment Act. [hyperlink, 
http://www.gao.gov/products/GAO-09-507R]. April 23, 2009. 

Troubled Asset Relief Program: Capital Purchase Program Transactions 
for the Period October 28, 2008 through March 20, 2009 and Information 
on Financial Agency Agreements, Contracts, and Blanket Purchase 
Agreements Awarded as of March 13, 2009. [hyperlink, 
http://www.gao.gov/products/GAO-09-522SP]. March 31, 2009. 

Troubled Asset Relief Program: March 2009 Status of Efforts to Address 
Transparency and Accountability Issues. [hyperlink, 
http://www.gao.gov/products/GAO-09-504]. March 31, 2009. 

Troubled Asset Relief Program: Status of Efforts to Address 
Transparency and Accountability Issues. [hyperlink, 
http://www.gao.gov/products/GAO-09-296]. January 30, 2009. 

High-Risk Series: An Update. [hyperlink, 
http://www.gao.gov/products/GAO-09-271]. January 22, 2009. 

Troubled Asset Relief Program: Additional Actions Needed to Better 
Ensure Integrity, Accountability, and Transparency. [hyperlink, 
http://www.gao.gov/products/GAO-09-161]. December 2, 2008. 

[End of section] 

Footnotes: 

[1] The Emergency Economic Stabilization Act of 2008 (EESA), Pub. L. 
No. 110-343, 122 Stat. 3765 (2008) (codified at 12 U.S.C. §§ 5201 et 
seq.). EESA originally authorized Treasury to purchase or guarantee up 
to $700 billion in troubled assets. The Helping Families Save Their 
Homes Act of 2009, Pub. L. No. 111-22, Div. A, 123 Stat. 1632 (2009), 
amended EESA to reduce the maximum allowable amount of outstanding 
troubled assets under EESA by almost $1.3 billion, from $700 billion 
to $698.741 billion. EESA requires that the appropriate committees of 
Congress be notified in writing when the Secretary of the Treasury, 
after consultation with the Chairman of the Board of Governors of the 
Federal Reserve System, determines that it is necessary to purchase 
other financial instruments to promote financial market stability. 
Section 3(9) of EESA (codified at 12 U.S.C. § 5202(9)). 

[2] The Dodd-Frank Act, Pub. L. No. 111-203, 124 Stat. 1376 (2010), 
(1) reduced Treasury's authority to purchase or insure troubled assets 
to a maximum of $475 billion and (2) prohibited Treasury, under EESA, 
from incurring any additional obligations for a program or initiative 
unless the program or initiative had already been initiated prior to 
June 25, 2010. 

[3] Section 116 of EESA, 12 U.S.C. § 5226 (codified at 12 U.S.C. § 
5226). 

[4] GAO, Troubled Asset Relief Program: Status of Programs and 
Implementation of GAO Recommendations, [hyperlink, 
http://www.gao.gov/products/GAO-11-74] (Washington, D.C.: Jan. 12, 
2011). 

[5] For the purposes of CPP, financial institutions generally include 
qualifying U.S.-controlled banks, savings associations, and both bank 
and savings and loan holding companies. 

[6] Institutions are required to pay dividends only if they declare 
dividends, although unpaid cumulative dividends generally accrue and 
the institution must pay them before making payments to other types of 
shareholders, such as holders of common stock 

[7] These figures differ from the number of dividend or interest 
payments outstanding because some institutions made their payments 
after the end of the reporting month. CPP dividend and interest 
payments are due on February 15, May 15, August 15, and November 15 of 
each year, or the first business day subsequent to those dates. The 
reporting period ends on the last day of the calendar month in which 
the dividend or interest payment is due. 

[8] According to Treasury, the total investment amount of CPP 
institutions with unpaid dividends or interest payments was $3.8 
billion as of January 31, 2011, compared to a total outstanding 
investment amount of $49.4 billion and an original investment amount 
of $204.9 billion. 

[9] GAO, Troubled Asset Relief Program: Opportunities Exist to Apply 
Lessons Learned from the Capital Purchase Program to Similarly 
Designed Programs and to Improve the Repayment Process, [hyperlink, 
http://www.gao.gov/products/GAO-11-47] (Washington, D.C.: Oct. 4, 
2010). 

[10] The total announced amount of $86.3 billion includes $5 billion 
for the Supplier Support Program announced in March 2009. However, in 
July 2009, the commitment for the Supplier Support Program was reduced 
by $1.5 billion, and in July 2010 an additional $3 billion was 
deobligated. As such, there is a $4.5 billion difference between the 
total AIFP announced amount of $86.3 billion and the asset purchase 
price of $81.8 billion referenced in table 1. 

[11] In April 2010, GM repaid the remaining $4.7 billion of the $6.7 
billion in debt by using funds that remained from the $30.1 billion 
Treasury had provided in June 2009 to assist with its restructuring. 
As of March 9, 2011, Chrysler has made $567 million in interest 
payments on its loan from Treasury. 

[12] Treasury's current equity stake in Chrysler is 9.2 percent--down 
from the original 9.85 percent because Fiat increased its ownership 
stake, as a result of the company achieving the first of its three 
performance-related targets as agreed to with Treasury, thereby 
reducing Treasury's overall equity. 

[13] GM held the IPO on November 17, 2010, with 478 million common 
stock shares held by several stockholders, including Treasury. On 
November 26, 2010, the underwriters for the IPO exercised the 
overallotment option, bringing the total number of shares sold to 
almost 550 million and raising $23.1 billion. As a result of selling 
412 million shares, Treasury's ownership stake in GM has decreased 
from 60.8 percent to 33.3 percent. 

[14] Treasury's oversight of GM and Chrysler, including its strategies 
for monitoring and divesting its financial interests in the companies, 
is discussed in GAO, Troubled Asset Relief Program: Continued 
Stewardship Needed as Treasury Develops Strategies for Monitoring and 
Divesting Financial Interests in Chrysler and GM, [hyperlink, 
http://www.gao.gov/products/GAO-10-151] (Washington, D.C.: Nov. 2, 
2009). 

[15] On December 30, 2010, Treasury converted $5.5 billion of its 
preferred stock in Ally Financial into common stock, raising its total 
common equity stake in the company to 73.8 percent. 

[16] [hyperlink, http://www.gao.gov/products/GAO-10-151]. 

[17] GAO, Troubled Asset Relief Program: Status of Government 
Assistance to AIG, [hyperlink, http://www.gao.gov/products/GAO-09-975] 
(Washington, D.C.: Sept. 21, 2009), Troubled Asset Relief Program: 
Update of Government Assistance to AIG, [hyperlink, 
http://www.gao.gov/products/GAO-10-475] (Washington, D.C.: Apr. 27, 
2010), Troubled Asset Relief Program: Third Quarter 2010 Update of 
Government Assistance Provided to AIG and Description of Recent 
Execution of Recapitalization Plan, [hyperlink, 
http://www.gao.gov/products/GAO-11-46] (Washington, D.C.: Jan. 20, 
2011). 

[18] [hyperlink, http://www.gao.gov/products/GAO-11-46]. 

[19] GAO, Troubled Asset Relief Program: Treasury Actions Needed to 
Make the Home Affordable Modification Program More Transparent and 
Accountable, [hyperlink, http://www.gao.gov/products/GAO-09-837] 
(Washington, D.C: July 23, 2009) and GAO, Troubled Asset Relief 
Program: Further Actions Needed to Fully and Equitably Implement 
Foreclosure Mitigation Programs, [hyperlink, 
http://www.gao.gov/products/GAO-10-634] (Washington, D.C: June 24, 
2010). 

[20] The GSEs have directed all of their approximately 2,000 servicers 
to implement parallel HAMP programs on first-lien mortgages owned or 
guaranteed by the GSEs. 

[21] The balance of the difference between this amount and the $45.6 
billion allocated to housing programs was allocated to the Federal 
Housing Administration Short Refinance Program and the Housing Finance 
Agency Hardest Hit Fund. 

[22] Roughly 46 percent of borrowers who were either in trial or 
permanent modifications as of September 30, 2010, had non-GSE loans 
and, therefore, fell under the TARP-funded portion of HAMP. 

[23] [hyperlink, http://www.gao.gov/products/GAO-09-837] and 
[hyperlink, http://www.gao.gov/products/GAO-10-634]. 

[24] Treasury has also put in place the Federal Housing Administration 
(FHA)-HAMP, Rural Development-HAMP, the FHA Short Refinance Option, 
the Housing Finance Agency Innovation Fund for the Hardest -Hit 
Markets, and the Home Affordable Unemployment Program. Information on 
the progress made by these TARP-funded programs in stemming avoidable 
foreclosures will be discussed in a future report. 

[25] GAO, Troubled Asset Relief Program: Treasury Continues to Face 
Implementation Challenges and Data Weaknesses in Its Making Home 
Affordable Program, [hyperlink, 
http://www.gao.gov/products/GAO-11-288] (Mar. 17, 2011). 

[26] GAO, Financial Audit: Office of Financial Stability (Troubled 
Asset Relief Program) Fiscal Year 2010 and 2009 Financial Statements, 
[hyperlink, http://www.gao.gov/products/GAO-11-174] (Washington, D.C.: 
Nov. 15, 2010). 

[End of section] 

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