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United States Government Accountability Office: 
GAO: 

Report to Congressional Addressees: 

January 2011: 

Troubled Asset Relief Program: 

Status of Programs and Implementation of GAO Recommendations: 

GAO-11-74: 

GAO Highlights: 

Highlights of GAO-11-74, a report to congressional addressees. 

Why GAO Did This Study: 

Since the Troubled Asset Relief Program (TARP) was implemented, GAO 
has issued more than 40 reports containing more than 60 
recommendations to the Department of the Treasury (Treasury). This 
report assesses the status of Treasury’s implementation of GAO’s 
recommendations and current condition of TARP. Specifically, this 60-
day report provides information on (1) the condition and status of 
active TARP programs; (2) Treasury’s progress in implementing an 
effective management structure, including staffing for the Office of 
Financial Stability (OFS), overseeing contractors, and establishing a 
comprehensive system of internal control; and (3) trends in the status 
of key relevant economic indicators. GAO reviewed relevant 
documentation from various TARP programs and met with OFS officials 
and financial regulators. GAO also used information from existing 
reports and ongoing work. 

What GAO Found: 

TARP programs implemented over the last 2 years covered a broad range 
of activities, including injecting capital into financial 
institutions; addressing issues in the securitization markets; 
providing assistance to the automobile industry and American 
International Group, Inc. (AIG); and offering incentives for modifying 
residential mortgages, among other things. While some programs have 
been terminated, others remain active, including those that focus on 
preserving homeownership and providing assistance to AIG, and require 
continued monitoring. Further, the Homeownership Preservation Office 
has not yet conducted a workforce assessment, despite the recent 
addition of several new programs. In prior work GAO has identified a 
number of weaknesses in Treasury’s implementation of the Home 
Affordable Modification Program (HAMP), and a number of homeowner 
preservation initiatives have not yet reported activity. Other TARP 
programs have ended or are winding down. Table 1 provides an overview 
of selected outstanding programs, key GAO findings, and the status of 
the implementation of GAO recommendations. As of September 30, 2010, 
OFS reported $179.2 billion in gross outstanding direct loans and 
equity investments with a subsidy cost allowance of $36.7 billion 
resulting in a net balance of $142.5 billion. 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 and the amounts that OFS 
will ultimately realize (as the assumptions and estimates underlying 
the valuation of direct loans and equity investments are inherently 
subject to substantial uncertainty); and (2) further disbursements, 
such as those relating to the housing programs which are not subject 
to repayment. For example, the proposed restructuring of AIG, if 
implemented, will likely affect TARP’s ultimate cost. 

Although OFS staffing has become more stable over the past year, with 
more than 200 employees, its stability remains fragile as it faces new 
challenges. For example, while it has filled key leadership positions, 
the Assistant Secretary of Financial Stability resigned in September 
2010 and this key leadership position is temporarily filled. Staffing 
remains important as some programs are still being implemented, while 
others have closed or been terminated but have assets that must be 
managed, repaid, and divested. OFS has begun to take steps that will 
help to retain staff. But staff retention could be a challenge for OFS 
going forward, because more than half of OFS’s employees, including 
key leaders, are term appointments (many with 4-year term limits). OFS 
has also begun to address succession planning for critical senior 
positions, but its workforce plan has not been updated since March 
2009. Without a plan that considers various scenarios, OFS may find 
itself unprepared to adequately manage and oversee the remaining TARP 
investments and programs. 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. Continued progress will depend on retaining qualified 
staff. 

Table 1: Status of Selected Programs and GAO Recommendations and Gross 
Outstanding Program Balance as of September 30, 2010: 

Program: Capital Purchase Program (CPP). To provide capital to viable 
banks through the purchase of preferred shares and subordinated 
debentures. While many institutions have repaid Treasury, a growing 
number of institutions still participating have missed dividend 
payments or requested restructuring of CPP investments. Treasury has 
addressed many of GAO’s concerns regarding transparency and 
accountability, but more needs to be done to monitor regulators’ 
decisions on repayments and withdrawals. GAO previously recommended 
that to the extent future Treasury programs (e.g., Small Business 
Lending Fund) are modeled after CPP, Treasury should collect 
information on and monitor regulators’ recommendations that applicants 
withdraw. Without this information, Treasury risks not having a basis 
for determining whether decisions involving similar institutions were 
being made consistently and thus whether participants were being 
treated equitably. Moreover, GAO recommended that OFS periodically 
collect and review certain information from the bank regulators 
supporting their decisions on CPP repayment requests and provide 
feedback for the regulators’ consideration to help ensure that similar 
institutions are treated consistently. Treasury has not yet 
implemented these recommendations; 
Gross outstanding balance: $49.8 billion. 

Program: Automotive Industry Financing Program (AIFP). To prevent a 
significant disruption of the American automotive industry. GM and, to 
a lesser extent, Chrysler have repaid some of their AIFP funding; 
however, the ability of the government to fully recoup its investments 
in these companies will depend on the companies’ profitability and the 
success of future public stock offerings. GAO previously recommended 
that Treasury ensure it had adequate staff on board to monitor the 
government’s investment in the auto companies and to report to 
Congress on how it planned to assess the companies’ performance. 
Treasury has hired additional staff but has not yet provided 
information to Congress on its future monitoring plans; 
Gross outstanding balance: $67.2 billion. 

Program: AIG (formerly Systemically Significant Failing Institutions 
Program). To provide stability in financial markets and avoid 
disruptions to the markets from the failure of a systemically 
significant institution. While AIG has announced plans to 
significantly restructure its outstanding assistance, several 
conditions will need to be met for the plan to work as intended. These 
include repaying the outstanding balance on the Federal Reserve 
Revolving Credit Facility, drawing down Treasury’s equity capital 
facility, amending and creating new equity purchase agreements, and 
converting some preferred stock for common equity. However, whether 
Treasury will fully recoup its investment will not be known for some 
time and therefore, requires continued monitoring and oversight; 
Gross outstanding balance: $47.6 billion. 

Program: HAMP. To offer assistance to homeowners through a cost-
sharing arrangement with mortgage holders and investors to reduce the 
monthly mortgage payment amounts of those at risk of foreclosure to 
affordable levels. The program had a slow start and has not performed 
as anticipated. Further, the Homeownership Preservation Office has not 
yet conducted a workforce assessment, despite the recent addition of 
several new programs. Despite program changes that are intended to 
increase the number of mortgage loan modifications made under HAMP, 
more borrowers have had their trial modifications canceled than have 
received permanent modifications. Further, while Treasury has added 
TARP-funded housing program enhancements in an effort to reach more 
borrowers and address persistently high default and foreclosure 
levels, the newly announced programs have had very limited activity to 
date and Treasury continues to face challenges in expeditiously 
implementing a prudent design for these programs, as GAO recommended 
in a June 2010 report. Treasury has not yet fully implemented all of 
our prior recommendations to increase the transparency, 
accountability, and consistency of the program; 
Gross outstanding balance: n/a. 

Program: Public-Private Investment Program. To address the challenge 
of “legacy assets” as part of Treasury’s efforts to repair balance 
sheets throughout the financial system and increase the availability 
of credit to households and businesses. The program, though slow to 
start, has resulted in positive returns but continued monitoring is 
necessary because market prices can fluctuate, and Treasury still 
holds oversight responsibility for the fund managers; 
Gross outstanding balance: $13.7 billion. 

Program: Consumer and Business Lending Initiative. Several programs 
designed to provide capital to certain financial institutions or 
liquidity to secondary markets for small business loans and other 
asset classes, and thereby improve access to credit for consumers and 
businesses. Although the purpose of the Community Development Capital 
Initiative 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 towards the end of the program. 
Treasury has addressed concerns that GAO raised about Treasury’s role 
in the Term Asset-Backed Securities Loan Facility, 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; 
Gross outstanding balance: $0.9 billion. 

Program: Total; 
Gross outstanding balance: $179.2 billion. 

Source: GAO analysis of Treasury’s OFS information. 

[End of table] 

Some credit markets are beginning to show signs of a sustained 
recovery, even as other areas of the economy, particularly housing 
markets and job starts, remain fragile. Indicators that GAO monitors 
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. GAO noted in prior 
reports that while isolating the impact of TARP from various other 
significant federal efforts is impossible, many of the anticipated 
effects on credit markets and the economy had materialized. These 
effects included declines in perceptions of risks in various financial 
markets, including 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. 

What GAO Recommends: 

As TARP enters its next phase and winds down, GAO recommends that OFS 
take action to further enhance its ongoing operations by finalizing a 
plan for addressing how it will manage its workforce, in particular 
term-appointed and key Senior Executive Service employees. While 
Treasury agreed with our recommendation, we have differing views on 
the status of prior recommendations. We will continue to update the 
status of recommendations as appropriate. 

View [hyperlink, http://www.gao.gov/products/GAO-11-74] or key 
components. For more information, contact Thomas J. McCool, (202) 512-
2642 or mccoolt@gao.gov. 

[End of section] 

Contents: 

Letter: 

Scope and Methodology: 

Background: 

Only TARP Programs Focused on Housing Foreclosures, AIG, 
Securitizations, and Legacy Assets Remain Active: 

OFS has Made Progress in Staffing Key Positions, Managing Its 
Contracts, and Maintaining Internal Controls: 

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

Conclusions: 

Agency Comments and Our Evaluation: 

Recommendation for Executive Action: 

Appendix I: Status of GAO Recommendations, as of December 30, 2010: 

Appendix II: Small Business Credit: 

Appendix III: Econometric Analysis of the TED Spread: 

Appendix IV: Department of the Treasury Comment Letter: 

Appendix V: GAO Contacts and Staff Acknowledgments: 

Related GAO Products: 

Tables: 

Table 1: Status of TARP Programs, as of September 30, 2010: 

Table 2: TARP Additional Cash Proceeds Received from inception through 
September 30, 2010: 

Table 3: Composition of U.S. Government Efforts to Assist AIG and the 
Government's Approximate Remaining Exposures, as of September 30, 
2010, or Latest Available Data as Noted: 

Table 4: TARP-Funded Housing Programs: 

Table 5: PPIFs and Investable Funds as of September 30, 2010: 

Table 6: TARP Small Business-Related Programs: 

Table 7: Changes in TARP Small Business Program Commitments and 
Comparisons to Expenditures: 

Table 8: Financial Agent Involvement in TARP Programs: 

Table 9: TARP Contracts, Financial Agency Agreements, and Subcontracts 
with Minority-Owned, Women-Owned, and Other Small Businesses: 

Table 10: Treasury's Actions since September 2009 to Enhance 
Management and Oversight of TARP Financial Agents: 

Table 11: Select Credit Market Indicators, as of November 1, 2010A: 

Table 12: Advantages and Limitations of Selected Small Business Data 
Sources: 

Figures: 

Figure 1: Timeline for the Implementation of TARP, October 3, 2008 
through December 30, 2010: 

Figure 2: Number of Institutions Missing Scheduled Dividend or 
Interest Payments, as of September 30, 2010: 

Figure 3: GSE and Non-GSE HAMP Trial and Permanent Modifications Made 
Each Month, through November 2010: 

Figure 4: National Default and Foreclosure Trends, 2005 through June 
2010: 

Figure 5: PPIF Assets By Market Value and Asset Class, as of September 
30, 2010: 

Figure 6: TALF Loan Categories, March 2009 through June 2010: 

Figure 7: Number of Employees and Detailees, November 21, 2008 through 
September 25, 2010: 

Figure 8: TED Spread and Banking Sector Credit Default Swap Index, 
January 1, 2008 through November 1, 2010: 

Figure 9: Small Commercial and Industrial and Small Commercial Real 
Estate Loans at Banks, as a Percent of Total Loans, 1993 through First 
Quarter 2010: 

Figure 10: Outstanding Value of Small Business Loans by Commercial and 
Savings Bank Asset Size, as of December 31, 2009: 

Figure 11: Outstanding Value of Small Member Business Loans at Credit 
Unions, as a Percent of Total Loans, 1994 through First Quarter 2010: 

Figure 12: SBA 7(a) Gross Loan Approvals, Fiscal Year 1990 through 
Fiscal Year 2010: 

Figure 13: Proportion of 7(a) Guaranteed Loan Amount Sold on Secondary 
Market, Fiscal Year 1990 through Fiscal Year 2010: 

Figure 14: SBA 7(a) Securities Purchase Program Purchases, as of 
October 6, 2010: 

Figure 15: Interest Rate Spreads for Small Loans (Less Than $1 
Million), by Bank Size, and Small Business Borrowing Needs, Second 
Quarter 1993 through Second Quarter 2010: 

Abbreviations: 

ABS: asset-backed securities: 

AGP: Asset Guarantee Program: 

AIA: American International Assurance Company, LTD: 

AIFP: Automotive Industry Financing Program: 

AIG: American International Group, LLC: 

ALICO: American Life Insurance Company: 

CAP: Capital Assistance Program: 

CDCI: Community Development Capital Initiative: 

CDFI: Community Development Financial Institution: 

Chrysler: Chrysler Group, LLC: 

CMBS: commercial mortgage-backed securities: 

CPP: Capital Purchase Program: 

Dodd-Frank Act: Dodd-Franck Wall Street Reform and Consumer Protection 
Act: 

EESA: Emergency Economic Stabilization Act of 2008: 

FDIC: Federal Deposit Insurance Corporation: 

Federal Reserve: Board of Governors of the Federal Reserve System: 

FHA: Federal Housing Administration: 

FRBNY: Federal Reserve Bank of New York: 

GM: General Motors Company: 

GSE: government-sponsored enterprise: 

HAMP: Home Affordable Modification Program: 

MHA: Making Home Affordable: 

NCUA: National Credit Union Administration: 

NFIB: National Federation of Independent Business: 

OFS: Office of Financial Stability: 

OTS: Office of Thrift Supervision: 

PPIF: Public-Private Investment Fund: 

PPIP: Public-Private Investment Program: 

Recovery Act: American Recovery and Reinvestment Act of 2009: 

RMBS: residential mortgage-backed securities: 

SBA: Small Business Administration: 

SBLF: Small Business Lending Fund: 

SCAP: Supervisory Capital Assessment Program: 

SLOOS: Senior Loan Officer Opinion Survey on Bank Lending Practices: 

Special Master: Office of the Special Master for TARP Executive 
Compensation: 

SPV: special purpose vehicle: 

TARP: Troubled Asset Relief program: 

TALF: Term Asset-Backed Securities Loan Facility: 

Treasury: Department of the Treasury: 

[End of section] 

United States Government Accountability Office: 
Washington, DC 20548: 

January 12, 2011: 

[End of section] 

Congressional Addressees: 

Just more than 2 years ago, the U.S. financial system and broader 
economy faced the most severe financial crisis since the Great 
Depression, and in 2011 the economy remains fragile. The crisis, which 
threatened the stability of the financial system and the solvency of 
many financial institutions, prompted the United States to initiate 
extraordinary interventions aimed at moderating any economic impact. 
Among these interventions was the Troubled Asset Relief Program 
(TARP), which was authorized by the Emergency Economic Stabilization 
Act of 2008 (EESA). EESA gave the Department of the Treasury 
(Treasury) the authority to purchase or guarantee "troubled 
assets," such as mortgages and mortgage-backed securities, that 
were deemed to be at the heart of the crisis, along with any other 
financial instrument Treasury determined that it needed to purchase to 
help stabilize the financial system.[Footnote 1] The Secretary of the 
Treasury exercised the authority provided under EESA to extend the 
sunset date for purchases of and commitments to purchase troubled 
assets 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 were not 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 2-year 
mark, U.S. financial markets are less volatile than they were in 2008; 
however, 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 to a program focused primarily on preserving 
homeownership and improving financial conditions for small financial 
institutions and businesses. While many other programs have ended or 
begun winding down 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, is less certain. 

EESA provided us with broad oversight authorities for actions taken 
under TARP and requires that we report at least every 60 days on TARP 
activities and performance.[Footnote 3] Our reports have focused on: 

* findings resulting from our oversight of TARP's performance in 
meeting the purposes of EESA; 

* the financial condition and internal controls of TARP, its 
representatives, and agents; 

* the characteristics of both asset purchases and the disposition of 
assets acquired, including any related commitments that were entered 
into; 

* TARP's efficiency in using the funds appropriated for the program's 
operation; 

* TARP's compliance with applicable laws and regulations; 

* efforts to prevent, identify, and minimize conflicts of interest 
among those involved in TARP's operations; 

* the efficacy of contracting procedures; and: 

* the process for making decisions related to unwinding TARP programs. 

This report assesses the status of Treasury's implementation of our 
recommendations and the current condition of TARP. Specifically, this 
60-day report provides information on (1) the condition and status of 
active TARP programs; (2) Treasury's progress in implementing an 
effective management structure, including staffing for the Office of 
Financial Stability (OFS), overseeing contractors, and establishing a 
comprehensive system of internal control; and (3) trends in the status 
of key relevant economic indicators. 

Scope and Methodology: 

To determine the status of active TARP programs that are still being 
implemented or utilized, we obtained information from OFS, including 
disbursements, dividend payments, repurchases, and warrant 
liquidations as of September 30, 2010 (unless otherwise noted). In 
addition, we also obtained information on the status of actions 
Treasury has taken in response to recommendations from our previous 
TARP reports, including its progress in developing a comprehensive 
system of internal control.[Footnote 4] We also reviewed documents 
provided by OFS and conducted interviews with officials from its 
Office of the Chief Financial Officer. In addition, we obtained and 
reviewed relevant program documents from OFS and leveraged our 
previous reports and reports by the Special Inspector General for TARP 
and the Congressional Oversight Panel, as appropriate. 

For the Capital Purchase Program (CPP), we leveraged work completed as 
part of our detailed review of the program. We used OFS's reports to 
identify the participants that had repurchased their preferred shares 
and paid dividends when due, among other things. To update the status 
of the Targeted Investment Program (TIP), we reviewed relevant 
documents related to its termination, including repayments by the 
participants. 

To update the status of the Automotive Industry Financing Program 
(AIFP) and obtain information on the current financial condition of 
General Motors Company (GM), Chrysler Group LLC (Chrysler), and Ally 
Financial, Inc. (formerly GMAC, Inc.) and Treasury's plans for 
managing its investment in the companies, we leveraged our past work; 
reviewed information on the companies' finances and operations, 
including financial statements, selected documents from their 
bankruptcy proceedings, and company-provided data; and interviewed 
representatives of the companies. To determine how Treasury was 
managing its investment in GM and Chrysler, we reviewed information on 
Treasury's plans for overseeing its ownership interests in the 
companies, including congressional testimonies and White House and 
Treasury press releases. In addition, we interviewed OFS officials 
about their plans to monitor the government's financial interests in 
the auto companies and Treasury's plans to divest its interest in GM, 
including their preparation for GM's initial public offering (IPO). We 
also updated key information about Ally Financial, Inc., and the 
status of additional assistance provided under AIFP. For this 
information, we primarily relied on our recently issued report on the 
bank holding company stress tests.[Footnote 5] 

To update the status of the AIG Investment Program (formerly the 
Systemically Significant Failing Institutions Program) and the Public- 
Private Investment Program (PPIP), we reviewed relevant documents from 
Treasury and other parties. For the AIG Investment Program, these 
documents included periodic reports provided to Congress by Treasury, 
the Board of Governors of the Federal Reserve System (Federal 
Reserve), and the Federal Reserve Bank of New York (FRBNY), and other 
relevant documentation such as AIG's financial disclosures, among 
other things. We also interviewed officials from each agency and AIG. 
For PPIP, we reviewed and analyzed Treasury's announcements concerning 
the program and its reports on PPIP allocations, expenditures, and 
fund performance, along with program operation and design documents 
published by Treasury and the Federal Deposit Insurance Corporation 
(FDIC). 

To determine the status of the Home Affordable Modification Program 
(HAMP) and our previous recommendations to the program, we obtained 
and reviewed Treasury's published reports on HAMP and servicer 
performance, documentation on cost estimates for and guidelines issued 
to each TARP-funded housing program, and written responses to our July 
2009 recommendations. In addition, we interviewed Treasury officials 
about the status of TARP-funded housing programs, including 
anticipated implementation dates, numbers of borrowers to be helped, 
and the actions Treasury had taken to address our July 2009 
recommendations. We also analyzed data on changes in default and 
foreclosure activity before and during HAMP's implementation. 

For the programs aimed at assisting small businesses, we analyzed OFS 
transaction and budget documents and reviewed program terms for the 
Community Development Capital Initiative (CDCI), the Term Asset-Backed 
Securities Loan Facility (TALF), and the Small Business Administration 
(SBA) 7(a) Securities Purchase Program. We interviewed officials and 
collected data, when available, on the credit problems of small 
businesses and the impact of TARP programs from Treasury (OFS and 
Community Development Financial Institutions (CDFI) Fund), the Federal 
Reserve, SBA, small business trade groups, industry associations for 
banks and credit unions, and federal regulators for depository 
institutions. 

* For CDCI, we interviewed federal depository institution supervisors--
FDIC, the Federal Reserve, the National Credit Union Administration, 
the Office of the Comptroller of the Currency, and the Office of 
Thrift Supervision (OTS)--about their processes for reviewing CDCI 
applications. We also analyzed bank, thrift, and credit union 
regulatory data to compare CDFIs to other depository institutions. We 
analyzed OTS and National Credit Union Administration data on CDCI 
applicants' intended use of capital. Finally, we spoke with advocacy 
groups for CDFIs to obtain their views on CDCI. 

* For the SBA 7(a) Securities Purchase Program, we reviewed documents 
on OFS's internal processes. 

To understand the types of depository institutions that lend to small 
businesses, we collected bank, thrift, and credit union regulatory 
financial data using SNL Financial and discussed this data with 
experts from federal regulators for depository institutions.[Footnote 
6] We determined that SNL Financial was sufficiently reliable for the 
purposes of our review. 

For TALF, we reviewed program announcements and loan volume data to 
determine the amount of loans issued and the proportions that were 
related to SBA-related securities. We also reviewed TALF impact 
analyses from FRBNY. In addition, we obtained information from 
Treasury officials in OFS about their progress in addressing 
recommendations related to TALF. To determine the status of the 
Capital Assistance Program (CAP) and the Asset Guarantee Program 
(AGP), we reviewed relevant information from OFS and leveraged our 
past work. 

To determine OFS's mix of permanent and detailee staff and the number 
of vacancies, we reviewed the totals for each type of staff over time 
and within each OFS office. To examine changes in composition of OFS's 
organizational structure since the office was established, we reviewed 
past GAO reports on TARP and various documents OFS provided to us, 
including an updated organizational chart. To assess Treasury's 
workforce planning effort, we met with officials from its Office of 
the Deputy Assistant Secretary for Human Resources and Chief Human 
Capital Officer and OFS to discuss workforce planning, including staff 
retention efforts and plans for managing its workforce as TARP winds 
down. In these interviews, we obtained information from officials on 
the various actions for retaining individuals with the skill sets and 
competencies needed to administer TARP, including succession planning 
for filling management and leadership positions and staff development 
efforts. We reviewed various documents that OFS provided to us, 
including its human capital strategy and workforce plan. We also 
reviewed GAO reports related to workforce planning. 

To assess OFS's use of financial agents and contractors since TARP was 
established in October 2008, we reviewed information from a Treasury 
database of financial agents and contractors and interviewed Treasury 
contract officials about financial agency agreements, contracts, and 
blanket purchase agreements as of September 30, 2010, that support OFS 
administration and operation of TARP. We analyzed information from the 
database to update key details on the status of TARP financial agents 
and contractors, such as total number of agreements and contracts, 
type of services being performed, potential dollar amount, periods of 
performance, and share of work by small businesses. To assess OFS's 
progress in maintaining the appropriate infrastructure to manage and 
oversee the performance of TARP financial agents and contractors and 
address conflicts of interest that could arise with the use of private 
sector sources, we reviewed various documents and interviewed OFS 
officials regarding recent changes in organizational roles and 
responsibilities within OFS and its policies and procedures regarding 
(1) management and oversight of TARP financial agents and contractors 
and (2) monitoring and oversight activities by the OFS team 
responsible for financial agent and contractor compliance with TARP 
conflicts-of-interest requirements. 

As noted in our initial TARP report under the mandate, we identified a 
preliminary set of indicators on the state of credit and financial 
markets that might be suggestive of the performance and effectiveness 
of TARP.[Footnote 7] We consulted Treasury officials and other experts 
and analyzed available data sources and academic literature. We 
selected a set of indicators that offered perspectives on different 
facets of credit and financial markets, including perceptions of risk, 
cost of credit, and flows of credit to businesses and 
consumers.[Footnote 8] To update the indicators in this report, we 
used data from Thomson Reuters, the Federal Reserve, the National 
Federation of Independent Business, and a broker-dealer to assess the 
state of the economy and financial markets. We believe that despite 
certain limitations, these data considered as a whole, are 
sufficiently reliable for the purpose of presenting and analyzing 
trends in the economy and financial markets. 

We conducted this performance audit from March 2010 to January 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. 

Background: 

When EESA was signed on October 3, 2008, the U.S. financial system and 
the broader economy faced the most severe crisis since the Great 
Depression. The dramatic correction in the U.S. housing market had 
precipitated a decline in the price of financial assets associated 
with housing, in particular mortgage assets based on subprime loans 
that lost value as the housing boom ended and the market underwent a 
dramatic correction. Some institutions found themselves so exposed 
that they were threatened with failure--and some failed--because they 
were unable to raise the necessary capital as the value of their 
portfolios declined. Other institutions, ranging from government-
sponsored enterprises (GSE)—such as Fannie Mae and Freddie Mac—to Wall 
Street firms, were left holding “toxic” or “legacy” assets that became 
increasingly difficult to value, were illiquid, and potentially had 
little worth. Moreover, investors not only stopped buying mortgage-
backed securities but also became reluctant to buy securities backed 
by many other types of assets. Because of uncertainty about the 
financial condition and solvency of financial entities, the prices 
banks charged each other for funds rose dramatically, and interbank 
lending effectively came to a halt. The resulting credit crunch made 
the financing on which businesses and individuals depend increasingly 
difficult to obtain as cash-strapped banks held on to their assets. By 
late summer of 2008, the potential ramifications of the financial 
crisis ranged from the continued failure of financial institutions to 
increased losses of individual savings and corporate investments, and 
further tightening of credit would exacerbate the emerging global 
economic slowdown that was beginning to take shape. 

The passage of EESA and its authorization of TARP provided Treasury 
with a framework to implement a course of action that ultimately 
resulted in the development of a variety of new programs. Soon after 
EESA was enacted in October 2008, Treasury decided to change its 
strategy from purchasing mortgage-backed securities to recapitalizing 
financial institutions. This tactical shift raised questions about 
TARP's transparency and the direction of the program. Amid these 
concerns, Treasury attempted to provide a more strategic direction for 
using the remaining funds and created a number of programs aimed at 
stabilizing the securitization markets, among other things. The 
extension of TARP, announced by the Treasury on December 9, 2009, has 
allowed Treasury to reallocate existing commitments and make 
additional funds available for programs focused primarily on 
preserving homeownership and providing assistance to community banks 
and small businesses. The Dodd-Frank Act reduced the amount of 
available TARP funds, and in response, Treasury has reduced 
allocations for a number of programs. Figure 1 provides an overview of 
key dates for TARP implementation. 

Figure 1: Timeline for the Implementation of TARP, October 3, 2008 
through December 30, 2010: 

[Refer to PDF for image: time line] 

10/3/08: Congress passes P.L. 110-343, EESA (the act), which 
authorized TARP. 

10/14/08: Treasury announces that it will purchase up to $250 billion 
in financial firms’ preferred stock via CPP. 

10/28/08: Under CPP, Treasury purchases $115 billion in preferred 
stock and warrants from eight financial institutions. 

11/10/08: Treasury announces AIG assistance through SSFI. 

11/23/08: Treasury, FDIC, and the Federal Reserve provide Citigroup 
assistance through guarantees, liquidity access, and capital, 
including an equity investment through TIP. 

11/25/08: Treasury announces support for the Federal Reserve’s TALF to 
assist asset-backed securities. 

12/19/08: Treasury announces a plan to stabilize the automotive 
industry under AIFP. 

12/29/08: Treasury announces assistance to GMAC LLC. 

1/16/09: Treasury, the Federal Reserve, and FDIC assist Bank of 
America through guarantees, liquidity access, and capital, including 
protection on certain losses and the purchase of preferred stock under 
TIP. 

2/10/09: Treasury announces the Financial Stability Plan. 

2/18/09: Treasury announces the Homeowner Affordability and Stability 
Plan. 

2/25/09: Treasury announces the terms and conditions for CAP. 

3/23/09: Treasury, FDIC, and the Federal Reserve announce details on 
PPIP. 

5/7/09: Stress test results are announced.4/17: Treasury provides an 
Equity Capital Facility to AIG in exchange for Series F preferred 
stock. 

6/17/09: Five of the eight largest financial institutions to first 
participate in CPP repurchase their preferred stock from Treasury. 

9/14/09: Treasury issues report on status and next phase of financial 
stabilization efforts. 

9/30/09: Treasury announces that two PPIP funds have raised at least 
the minimum $500 million to invest in legacy securities. 

10/21/09: Treasury announces new efforts under TARP to assist small 
businesses and CDFIs. 

2/3/10: Treasury announces terms for the Community Development Capital 
Initiative to provide capital to CDFIs. 

3/26/10: Treasury announces additional mortgage assistance for 
unemployed homeowners and those who owe more on their mortgage than 
their home’s value. 

7/21/10: Dodd-Frank Act prohibits TARP funds from being obligated for 
new programs and Treasury reduces available funds for existing 
programs. 

10/3/10: On the second anniversary of EESA, Treasury's authorization 
ends to make new financial commitments for programs under TARP. 

11/17/10: Treasury participates in GM’s initial public offering, 
reducing its ownership stake in GM. 

12/8/10: Treasury, FRBNY, Trustees, AIG, AIA, and ALICO sign master 
agreement to recapitalize AIG. 

Source: GAO. 

[End of figure] 

In response to EESA's mandate that we report at least every 60 days on 
TARP programs, we have issued more than 40 reports and testimonies 
related to TARP and made more than 60 recommendations to Treasury and 
the Federal Reserve to improve the transparency and accountability of 
TARP operations.[Footnote 9] Some of our recommendations applied to 
OFS in general, while others involved specific programs, such as CPP, 
HAMP, and TALF. Our recommendations to Treasury generally fell into 
three broad categories: (1) transparency, reporting, and 
accountability; (2) management infrastructure; and (3) communication. 
Other TARP oversight entities, such as Special Inspector General for 
TARP and Congressional Oversight Panel, have also made numerous 
recommendations aimed at improving TARP. 

Transparency, reporting, and accountability. Initially, we made a 
series of recommendations aimed at improving the transparency of 
several programs and related processes, including CPP and the warrant 
repurchase process. We also made a number of recommendations 
addressing the basis for and design of HAMP. Treasury has taken a 
variety of steps to implement our recommendations. We also made 
recommendations aimed at strengthening the process for making 
decisions about the use of TARP funds for TALF. We also recommended 
that Treasury improve the transparency of and analytical basis for its 
decisions to wind down the remaining programs and liquidate 
investments. And we recommended that Treasury implement metrics to 
measure the performance of HAMP's first-lien modification program and 
small business lending programs. Treasury has started to address many 
of these recommendations. 

Management infrastructure. To ensure that OFS established a robust 
management structure, comprehensive system of internal control, and 
risk assessment process, we initially made a series of recommendations 
aimed at addressing challenges associated with establishing a federal 
program in a short period of time, including staffing, contractor 
oversight, and internal controls. More recently, we recommended that 
Treasury finalize a comprehensive system of internal control over 
HAMP, ensure that it had the expertise needed to adequately monitor 
and divest the government's investment in Chrysler and GM, and develop 
criteria for evaluating the optimal method and timing for divesting 
the government's ownership stake in these two automakers. Treasury has 
taken steps to address most of these recommendations. 

Communication. We have made a number of recommendations for improving 
communication with stakeholders, including the public, about TARP. 
These recommendations are designed to help ensure that Treasury 
develops a comprehensive communication strategy and clearly 
articulated vision for TARP that goes beyond simply providing 
information. Treasury continues to take steps to address these 
recommendations, including hiring a communications officer, 
integrating communications into TARP operations, maintaining regular 
contact with congressional committees and members, and attempting to 
leverage technology. In the second year of TARP, we continued to 
identify opportunities for better communication. For instance, we 
recommended that Treasury more clearly inform borrowers that they 
could use the HOPE Hotline if they were having difficulty with their 
HAMP application or servicers, among other things, and that Treasury 
report to Congress on its plans to assess and monitor the auto 
companies' performance and ability to repay their loans. 

Only TARP Programs Focused on Housing Foreclosures, AIG, 
Securitizations, and Legacy Assets Remain Active: 

Treasury has managed TARP programs at every stage of development, from 
implementation to termination. In the last 2 years Treasury disbursed 
about $387 billion under the various TARP programs, and about $179 
billion remained outstanding as of September 30, 2010 (see table 1). 
Some TARP programs have repaid their balances and have been 
terminated, while others that closed in the last year have outstanding 
balances that expose Treasury to risk. Furthermore, these outstanding 
balances require ongoing attention and monitoring to help ensure that 
participating institutions comply with the terms of the agreements and 
that Treasury stays abreast of any issues that would impact 
participants' ability to repurchase their assets or repay their debts. 
Specifically: 

* CPP, which closed in December 2009, had $49.8 billion outstanding as 
of September 30, 2010. 

* AIFP had an outstanding balance of just more than $67.2 billion as 
of September 30, 2010. 

* AIG has continued to receive assistance over the last year via an 
equity capital line established in 2009 and as of September 30, 2010, 
Treasury's assistance to AIG had a balance of $47.6 billion. 

* While HAMP remains Treasury's primary program to assist homeowners 
facing foreclosure, Treasury announced several new programs in 2010. 
As of September 30, 2010, $543 million had been disbursed for TARP 
housing programs, which is not recoverable. 

* PPIP continues to be an active program with $14.1 billion disbursed 
as of September 30, 2010, and $13.7 billion outstanding. 

* Small business programs like CDCI and the SBA 7(a) Securities 
Purchase Program account for a small portion of TARP funding and 
Treasury has shifted the focus of its small business efforts outside 
of TARP. 

* Funding of TALF loans by FRBNY closed in June 2010, and no TARP 
funds had been expended as of September 30, 2010 to purchase 
collateral from the 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. 

Three programs were terminated--CAP, AGP, and TIP. Treasury sold the 
Citigroup trust preferred securities it received as a guarantee fee 
for AGP.[Footnote 10] TIP was terminated and its $40 billion 
outstanding balance was repaid in December 2009. 

Table 1: Status of TARP Programs, as of September 30, 2010: 

Program[A]: CPP provides capital to viable banks through the purchase 
of preferred shares and subordinated debentures; 
Asset purchase price[B]: $204.9 billion; 
Total cash disbursed: $204.9 billion; 
Repayments[C]: $152.2 billion; 
Additional proceeds[C]: $19.7 billion; 
Outstanding balance[D]: $49.8 billion. 

Program[A]: TIP fosters market stability and thereby strengthens the 
economy by making case-by-case investments in institutions that 
Treasury deems are critical to the functioning of the financial system; 
Asset purchase price[B]: $40.0 billion; 
Total cash disbursed: $40.0 billion; 
Repayments[C]: $40.0 billion; 
Additional proceeds[C]: $4.2 billion; 
Outstanding balance[D]: $0.0. 

Program[A]: AIFP prevents a significant disruption of the American 
automotive industry; 
Asset purchase price[B]: $81.8 billion; 
Total cash disbursed: $79.7 billion; 
Repayments[C]: $11.2 billion; 
Additional proceeds[C]: $2.9 billion; 
Outstanding balance[D]: $67.2 billion. 

Program[A]: AIG provides stability in financial markets and avoids 
disruptions to the markets from the failure of a systemically 
significant institution; 
Asset purchase price[B]: $69.8 billion; 
Total cash disbursed: $47.6 billion; 
Repayments[C]: $0.0; 
Additional proceeds[C]: $0.0; 
Outstanding balance[D]: $47.6 billion. 

Program[A]: HAMP offers assistance to homeowners through a cost-
sharing arrangement with mortgage holders and investors to reduce the 
monthly mortgage payment amounts of those at risk of foreclosure to 
affordable levels; 
Asset purchase price[B]: $45.6 billion; 
Total cash disbursed: $0.5 billion; 
Repayments[C]: n/a; 
Additional proceeds[C]: n/a; 
Outstanding balance[D]: n/a. 

Program[A]: PPIP addresses the challenge of “legacy assets” as part of 
Treasury’s efforts to repair balance sheets throughout the financial 
system and increase the availability of credit to households and 
businesses; 
Asset purchase price[B]: $22.4 billion; 
Total cash disbursed: $14.1 billion; 
Repayments[C]: $0.4 billion; 
Additional proceeds[C]: $0.2 billion; 
Outstanding balance[D]: $13.7 billion. 

Program[A]: SBA 7(a) Securities Purchase Program provides liquidity to 
secondary markets for government-guaranteed small business loans in 
SBA’s 7(a) loan program; 
Asset purchase price[B]: $0.4 billion; 
Total cash disbursed: $0.2 billion; 
Repayments[C]: less than $0.1 billion; 
Additional proceeds[C]: less than $0.1 billion; 
Outstanding balance[D]: $0.2 billion. 

Program[A]: CDCI provides capital to Community Development Financial 
Institutions by purchasing preferred stock; 
Asset purchase price[B]: $0.6 billion; 
Total cash disbursed: $0.2 billion; 
Repayments[C]: $0.0; 
Additional proceeds[C]: $0.0; 
Outstanding balance[D]: $0.6 billion. 

Program[A]: TALF provides liquidity in securitization markets for 
various asset classes to thereby improve access to credit for 
consumers and businesses; 
Asset purchase price[B]: $4.3 billion; 
Total cash disbursed: $0.1 billion; 
Repayments[C]: $0.0; 
Additional proceeds[C]: $0.0; 
Outstanding balance[D]: $0.1 billion. 

Program[A]: AGP provides federal government assurances for assets held 
by financial institutions that are viewed as critical to the 
functioning of the nation’s financial system; 
Asset purchase price[B]: $5.0 billion; 
Total cash disbursed: $0.0; 
Repayments[C]: $0.0; 
Additional proceeds[C]: $0.7 billion; 
Outstanding balance[D]: $0.0 billion. 

Program[A]: Total; 
Asset purchase price[B]: $474.8 billion; 
Total cash disbursed: $387.3 billion; 
Repayments[C]: $203.8 billion; 
Additional proceeds[C]: $27.8 billion; 
Outstanding balance[D]: $179.2 billion. 

Source: GAO analysis of Treasury (OFS) data. 

[A] CAP was terminated in November 2009. No funds were disbursed under 
this program. 

[B] Asset purchase price reflects the aggregate amount Treasury agreed 
to pay to purchase 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. 

[C] “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 $16.1 billion in proceeds from sales 
of 4 billion shares of Citigroup common stock, of which $13.1 billion 
is included at cost in “repayments,” and $3.0 billion of net proceeds 
in excess of cost is included in “additional proceeds.” As of 
September 30, 2010, Treasury still held approximately 3.7 billion 
shares of Citigroup common stock. 

[D] During fiscal year 2010 OFS wrote-off $2.3 billion in CPP 
investments (primarily relating to CIT Group) and wrote-off $1.6 
billion in loans to Chrysler pursuant to a settlement agreement. The 
“outstanding balance” has been reduced for these write-offs. In 
addition, the outstanding balance is affected by other noncash events. 

[E] As of December 15, 2010, approximately $51.6 billion of the $79.7 
billion for AIFP is outstanding after considering the proceeds from 
GM’s IPO in November 2010 and payment for Treasury’s preferred stock 
in December 2010, which is discussed later in this report. 

[End of table] 

As shown in table 1, participants have repaid more than $200 billion. 
This amount includes repurchases of preferred stock and repayments of 
loans. Treasury also received additional proceeds totaling more than 
$27 billion as of September 30, 2010, which includes dividends from 
equity securities, interest income from loans and securities, and net 
proceeds in excess of cost on the sale or repurchase of common stock 
and warrants.[Footnote 11] 

As of September 30, 2010, Treasury had received approximately $16.7 
billion in dividend payments, interest payments and fees relating 
primarily to assets acquired through CPP, TIP, AIFP, PPIP, and AGP 
(see table 2).[Footnote 12] Treasury's agreements under these programs 
entitled it to receive dividend payments on varying terms and at 
varying rates. The dividend payments to Treasury are contingent on 
each institution declaring dividends. As we discuss later in the 
report, dozens of institutions have not paid dividends, primarily 
institutions participating in CPP. Treasury has also entered into 
certain loan agreements and invested in subordinate debentures which 
generate interest. Further, Treasury auctioned its first securities in 
December 2009 and has been selling its Citigroup common stock 
throughout 2010. 

Table 2: TARP Additional Cash Proceeds Received from inception through 
September 30, 2010: 

Program: CPP; 
Warrant proceeds/gain on sale of common stock[A]: $9,818; 
Dividend, interest and fees: $9,921; 
Total additional proceeds: $19,739. 

Program: TIP; 
Warrant proceeds/gain on sale of common stock[A]: $1,237; 
Dividend, interest and fees: $3,005; 
Total additional proceeds: $4,242. 

Program: AIFP; 
Warrant proceeds/gain on sale of common stock[A]: $114; 
Dividend, interest and fees: $2,800; 
Total additional proceeds: $2,916. 

Program: AGP: 
Warrant proceeds/gain on sale of common stock[A]: n/a; 
Dividend, interest and fees: $716; 
Total additional proceeds: $716. 

Program: PPIP; 
Warrant proceeds/gain on sale of common stock[A]: $1; 
Dividend, interest and fees: $228; 
Total additional proceeds: $229. 

Program: Total; 
Warrant proceeds/gain on sale of common stock[A]: $11,170; 
Dividend, interest and fees: $16,670; 
Total additional proceeds: $27,842. 

Source: GAO analysis of Treasury (OFS) data. 

[A] Warrant proceeds includes cash received from Treasury's auction of 
warrants, TARP participants' repurchase of warrants, and warrant 
preferred stock issued to Treasury. 

[End of table] 

As of September 30, 2010, OFS had valued these TARP direct loans and 
equity investments at $142.5 billion and the asset guarantee program 
at $3 billion for a total of $145.5 billion based on estimates using 
economic and financial credit subsidy models. The estimates used 
entity-specific as well as relevant market data as the basis for 
assumptions about future performance and incorporate an adjustment for 
market risk to reflect the variability around any unexpected losses. 
In valuing the direct loans, equity investments, and asset guarantee 
program, OFS management considered and selected assumptions and data 
that it believed provided a reasonable basis for the estimated subsidy 
allowance and related subsidy costs reported in the financial 
statements. However, there are a large number of factors that affect 
these assumptions and estimates, which are inherently subject to 
substantial uncertainty arising from the likelihood of future changes 
in general economic, regulatory, and market conditions. The estimates 
have an added uncertainty resulting from the unique nature of 
transactions associated with the multiple initiatives undertaken for 
TARP and the lack of historical program experience upon which to base 
the estimates. These differences will also affect the ultimate cost of 
TARP. The estimated value of TARP's $142.5 billion in direct loans and 
equity investments is net of a $36.7 billion subsidy cost allowance-- 
primarily the difference between the amounts paid by OFS for the 
direct loans and equity investments and the reported value of such 
assets. The reported net cost of TARP transactions from inception 
through September 30, 2010, was $18.5 billion. However, the ultimate 
cost will change as OFS continues to purchase troubled assets and 
incur related subsidy costs as well as incur costs under other TARP 
initiatives relating to Treasury housing programs under TARP. 

Treasury Faces Oversight Challenges in Managing CPP Investments: 

Under CPP, Treasury provided capital to qualifying financial 
institutions by purchasing preferred shares or subordinated 
debentures.[Footnote 13] 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 we recently reported, Treasury disbursed about $205 
billion to 707 financial institutions nationwide from October 2008 
through December 2009.[Footnote 14] Increasing numbers of CPP 
participants have missed scheduled dividend or interest payments 
resulting in Treasury developing a plan for exercising its right to 
appoint directors as it deems appropriate. Over the last 2 years, 
Treasury has restructured the assistance provided to 12 CPP 
participants by swapping cumulative preferred stock for other forms of 
equity securities or selling the preferred stock to an institution 
involved in a merger or capital restructuring with a CPP institution. 
Through September 2010, Treasury had received about $152 billion in 
full and partial repayments from 89 institutions, and 28 institutions 
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. 

The Growing Number of CPP Participants with Missed Dividend or 
Interest Payments Creates Oversight Challenges for Treasury: 

As the number of institutions that have missed scheduled dividend or 
interest payments increases, Treasury faces various oversight and 
management challenges (see figure 2). As of September 30, 2010, 144 
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 413 missed payments.[Footnote 15] The total amount 
of missed dividend and interest payments was $235 million, although 
some of these payments were later made prior to the end of the 
reporting month. From February 2009 through August 2010, the number of 
institutions missing dividend or interest payments due on their CPP 
investments increased steadily from 8 to 123, or about 20 percent of 
existing CPP participants. Institutions can elect whether to pay 
dividends and may choose not to pay for a variety of reasons, 
including decisions that they or their federal and state regulators 
make to conserve cash and maintain (or increase) capital levels. 
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. 

Figure 2: Number of Institutions Missing Scheduled Dividend or 
Interest Payments, as of September 30, 2010: 

[Refer to PDF for image: vertical bar graph] 

Number of missing scheduled dividend or interest payments: 

At least one: 
Institutions: 114. 

2 or more: 
Institutions: 109. 

3 or more: 
Institutions: 79 

4 or more: 
Institutions: 48. 

5 or more: 
Institutions: 24. 

6 or more: 
Institutions: 8. 

Source: GAO analysis of Treasury data. 

[End of figure] 

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 September 30, 
2010, eight institutions had missed at least six payments, and these 
payments remained unpaid for seven of the institutions. For these 
seven institutions, Treasury had not yet exercised its right to 
nominate directors. However, it has elected two members to AIG’s board 
of directors under the AIG Investment program. As more institutions 
miss scheduled dividend payments, Treasury faces a significant 
challenge of determining the extent to which it plans to exercise its 
right to nominate board members. In August 2010, Treasury began 
addressing this challenge by publicly releasing a “fact sheet” and “
frequently asked questions” regarding the nomination of board members 
to these institutions. In nominating directors, Treasury said that it 
would proceed in two steps. First, after an institution misses five 
dividend or interest payments, Treasury plans, with the institutions’ 
approval, to send qualified members of OFS staff to observe board 
meetings. The information gleaned will not only help Treasury 
understand any special conditions and challenges that the institution 
is facing, but will also support Treasury’s ongoing monitoring of its 
investment. The observers’ activities generally will be limited to 
listening and asking clarifying questions regarding materials 
presented at the board meetings. Second, once an institution has 
missed six dividend payments, Treasury will decide whether to nominate 
a board member based on a variety of considerations, including what it 
learns from the board meetings, the institution’s financial condition, 
and the function of its board of directors. Further, Treasury will 
prioritize the institutions it is monitoring for possible appointments 
to the board, in part based on the size of its investment, with 
institutions with investments of more than $25 million receiving 
priority. 

Treasury reported that it may not nominate directors immediately after 
an institution misses six payments but plans to develop a pool of 
candidates screened by executive search firms engaged by Treasury. 
Unlike observers, board members nominated by Treasury cannot be 
government employees. They will have the same fiduciary duties and 
obligations to the shareholders of the financial institution as any 
other member of the board and will receive the same compensation from 
the institution. They will serve until the institution pays its 
dividends or interest (when Treasury's right to appoint them expires) 
or Treasury chooses to nominate a replacement director.[Footnote 16] 
Going forward, we will continue to monitor Treasury's development and 
implementation of policies and procedures for nominating board members 
and assess the extent to which the process is efficient and consistent 
with all applicable requirements and goals of CPP. 

Treasury Has Developed Policies and Procedures for Exchanging Assets: 

In the last year, Treasury has participated in a limited, but growing, 
number of exchanges of CPP preferred stock for other securities or in 
direct dispositions of CPP investments to new investors that can 
provide new equity, conduct capital restructurings, or otherwise 
strengthen the capital position of the institution. Treasury said that 
it took these actions to protect the taxpayers' interest in the CPP 
investments and promote financial stability. In October 2009, OFS 
finalized policies and procedures governing these exchanges and 
dispositions.[Footnote 17] In considering an institution's proposal 
for an asset exchange, OFS stated that it assesses various factors, 
including: 

* the impact on the quality of the institution's capital, especially 
in light of any concurrent efforts to raise capital and exchanges or 
recapitalizations involving other securities; 

* the possible impact on Treasury's position relative to the holders 
of securities that are in equal standing with Treasury; 

* the U.S. government's overall economic position; and: 

* whether any premium paid over the current market price of the 
securities to induce holders to participate in other transactions as 
part of a larger capital restructuring is reasonable and consistent 
with other similar third party transactions in the marketplace. 

As of September 30, 2010, Treasury had completed 12 restructurings. 
These restructurings included exchanges of CPP preferred shares for 
other securities, such as mandatory convertible preferred shares, 
trust preferred securities, or common shares.[Footnote 18] In two 
restructurings, Treasury sold its CPP preferred stock and warrants to 
third party institutions as part of a merger agreement and a capital 
raising investment with the CPP institutions. One institution with a 
restructured investment subsequently filed bankruptcy and had its 
banking subsidiary placed in receivership by its banking regulator, 
and it is unlikely that Treasury will receive any significant recovery. 

Treasury Does Not Monitor Regulators' Decisions to Approve or Deny CPP 
Repayments: 

As of September 30, 2010, Treasury had received full repayments from 
80 institutions and partial repayments from 9 additional institutions, 
and we have closely monitored the process for repaying CPP 
investments.[Footnote 19] Our recent report on CPP identified 
weaknesses in Treasury's monitoring of regulators' decisions to 
approve or deny requests to repay CPP investments.[Footnote 20] Under 
the original terms of the program, Treasury prohibited institutions 
from repaying CPP funds within 3 years unless the firm had completed a 
"qualified equity offering" to replace a minimum amount of the 
capital, but the American Recovery and Reinvestment Act of 2009 
(Recovery Act) included provisions modifying the terms of CPP 
repayments.[Footnote 21] These provisions require that Treasury allow 
any institution to repay its CPP investment subject only to 
consultation with the appropriate federal bank regulator, without 
considering whether the institution has replaced such funds from any 
other source or applying any waiting period. 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 what would be in the standards 
for permitting TARP recipients to repay. Bank regulatory officials 
said that they used existing supervisory procedures that were 
generally applicable to capital reductions as a basis for reviewing 
CPP repurchase requests and that they approached the decision from the 
perspective of achieving regulatory rather than CPP goals.[Footnote 
22] Regulators also said that they provided a brief e-mail 
notification to Treasury indicating whether they objected or agreed to 
allow an institution to repay its CPP investment. Treasury, in turn, 
communicated the regulators' decisions to the CPP firms and informed 
them whether it was able to process their request to repay. 

While the decision to allow repayment ultimately lies with the bank 
regulators, the statute does not prohibit Treasury, as administrator 
of CPP, from monitoring regulators' decision-making process and 
collecting information or providing feedback about the regulators' 
decisions. While the regulators prepare a case decision memo to 
document their analysis of repayment requests that is similar to the 
memo that was used to document their evaluations of CPP applicants, 
officials from both Treasury and the regulators said that Treasury did 
not request or review the memo or other analyses supporting 
regulators' decisions. 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. Furthermore, 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. 

Treasury Has Responded to Our Recommendations for Improving 
Transparency and Accountability of CPP: 

We have made seven recommendations to strengthen transparency and 
accountability of CPP, a key TARP program, over the last 2 years and 
Treasury has largely addressed many of these recommendations. For 
example, responding to our recommendations for improving the program's 
transparency, Treasury required all CPP participants to participate in 
some form of monthly lending survey. However, as institutions leave 
the program, which includes the largest banks, they no longer report 
information on lending to Treasury. We also recommended that Treasury 
consider making the warrant valuation process transparent to the 
public by disclosing details of the warrant repurchase process. 
Treasury has addressed these recommendations by releasing bank survey 
information on lending and detailed reports on warrant repurchases. 

Consistent with our past recommendations, Treasury has also taken 
steps to ensure compliance with CPP requirements, which include 
limitations on dividends, stock repurchase restrictions, and executive 
compensation. Treasury tracks the number of missed payments in the 
monthly Dividends and Interest Report, which it posts on [hyperlink, 
http://www.financialstability.gov]. Treasury, in conjunction with its 
outside asset managers and custodian (Bank of New York Mellon), 
monitors corporate actions, such as restrictions on stock repurchases 
and dividends. Instances of noncompliance with CPP requirements are 
reported to OFS Compliance within the Office of Internal Review, which 
evaluates them to determine if further action is required. Treasury 
has also created policies for ensuring that CPP institutions comply 
with restrictions on executive compensation and excessive or luxury 
expenditures.[Footnote 23] For example, Treasury's interim final rule 
requires that the principal executive officer and principal financial 
officer certify to actions to be taken by the compensation committee, 
board of directors, and the company itself with regard to executive 
compensation.[Footnote 24] Certifications from these officers are 
required to be filed within 90 days after the recipient's fiscal year- 
end. As of August 2010, 97 percent of all recipients have filed their 
certifications. Nine recipients have a fiscal year end of June 30 and 
are expected to submit their certification by September 30, 2010. All 
certifications and disclosures as well as correspondences are tracked 
and monitored by OFS Compliance within the Office of Internal Review. 
Treasury's Office of the Special Master for TARP Executive 
Compensation (Special Master) reviewed payments that taxpayer-assisted 
firms made to its "top 25" executives prior to February 17, 2009, 
when the Recovery Act introduced additional compensation and 
corporate governance standards for TARP recipients. The Special Master 
conducted the "lookback" review beginning in March 2010 by requesting 
compensation data from all 419 institutions that received taxpayer 
assistance prior to the passage of the Recovery Act.[Footnote 25] All 
419 institutions responded to the request, and the Special Master 
issued the results of the lookback review on July 23, 2010. Although 
the Recovery Act and Treasury rules later imposed much stricter limits 
on pay among participating institutions, the Special Master found that 
compensation, such as cash bonuses and retention awards, for the 
institutions reviewed was permitted by the rules in place at the time. 

Treasury has hired nine asset management firms to provide market 
advice about its portfolio of investments in financial institutions 
participating in CPP and other TARP programs. These management firms 
are also responsible for helping Treasury monitor compliance with the 
key terms of the program. In past reports we noted that Treasury had 
not finalized specific guidance and performance measures for the asset 
managers' oversight responsibilities or identified the process for 
monitoring the asset managers' performance.[Footnote 26] Treasury 
finalized its oversight policies for asset managers in April 2010 and 
developed qualitative and quantitative performance metrics based on 
the managers' core functions and responsibilities in July 2010. 

Finally, in our June 2009 report, we recommended that Treasury ensure 
that the primary federal banking regulators use generally consistent 
criteria when considering repayment decisions under TARP.[Footnote 27] 
Unless Treasury takes steps to help promote consistency in regulatory 
decisions to approve or deny repayment requests, regulators may not 
treat comparable TARP institutions equitably. In response, Treasury 
stated that it would consult with the primary federal regulators 
regarding their criteria and suggest that they follow consistent 
criteria unless they have valid regulatory reasons for using different 
standards. 

Outstanding Balances Under TIP Were Repaid and the Program Terminated: 

TIP was designed to foster market stability and thereby strengthen the 
economy by investing in institutions on a case-by-case basis that 
Treasury deemed critical to the functioning of the financial system. 
Only two institutions--Bank of America and Citigroup--participated in 
this program, and each received $20 billion in capital investment, 
which both repaid in December 2009. Both of these institutions also 
received $25 billion each in exchange for preferred shares under CPP. 
Bank of America repurchased these shares in December 2009. Treasury 
started selling its Citigroup common shares in April 2010 and 
finalized such disposition in December 2010. 

AIFP Illustrates Both Progress and Ongoing Uncertainty in Recouping 
Assistance: 

Although Chrysler's and GM's financial performance has improved over 
the last year, the government's ability to fully recover its 
investments in these companies depends on a variety of factors. 
Further, the government's ability to recoup its investment in Ally 
Financial rests not only on economic conditions but on the company's 
ability to compete with other credit providers. 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 about $62 billion to fund Chrysler 
and GM while they restructured, about $17 billion to provide capital 
assistance to Ally Financial, and $1.5 billion to a special purpose 
vehicle (SPV) created by Chrysler Financial.[Footnote 28] 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. As 
of December 15, 2010, approximately $26.9 billion of the $79.7 billion 
had been repaid. 

The federal government's ability to fully recoup its investments will 
depend on the profitability of Chrysler, GM, and Ally Financial and 
the success of future public stock offerings. Since we last reported 
on the financial condition of the auto industry in November 2009, 
Chrysler and GM have shown signs of progress in returning to 
profitability.[Footnote 29] For example: 

* Positive financial statements. In 2010, both the new Chrysler and 
new GM released financial statements for 2009 and the first three 
quarters of 2010. Thus far, according to Treasury officials, both 
companies are doing better than they had projected in the companies' 
viability plans during the bankruptcies and that Treasury had 
initially projected in terms of revenues, operating earnings, and cash 
flow. We are in the process of reviewing the financial statements in 
more detail for a subsequent report. 

* Repayment of GM's loans. In April 2010, GM repaid the remaining $4.7 
billion of the $6.7 billion in debt it owed to Treasury from an escrow 
account that was created for the company through the restructuring 
process in summer 2009. According to Treasury officials, the escrow 
account was GM property and the funds in the account came from a 
portion of the proceeds of a loan made by both Treasury and the 
Canadian government. After the full repayment of this loan, 
approximately $6.6 billion was left in the account and these funds 
became available for GM's general use. As of November 2010, Chrysler 
had made about $440 million in interest payments on its loans from 
Treasury. 

* IPO held for GM and plans for a Chrysler offering. In August 2010, 
Treasury announced that it had agreed to be named a selling 
shareholder of common stock in GM's registration statement for the 
company's IPO. On November 17, 2010, GM held an IPO 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. The proceeds from the sale of common shares 
combined with those from the sale of the mandatory convertible 
preferred shares raised $23.1 billion. Treasury sold more than 412 
million of its shares, for which it received $13.5 billion in net 
proceeds to repay the government's initial investment in GM. As a 
result of selling these shares, Treasury's ownership stake in GM has 
decreased from 60.8 percent to 33.3 percent. According to Treasury, 
the exact timing of further divestments in GM has not yet been 
determined. In December 2010, GM also repurchased Treasury's shares of 
preferred GM stock for $2.1 billion. Chrysler has indicated that it 
expects to hold an IPO but not before the second half of 2011, subject 
to approval from its Board of Directors. 

While these steps indicate progress in the companies' journey towards 
profitability, the government's ability to recoup its investment in 
the auto industry is uncertain, and the companies face several 
challenges in the coming years. These challenges will require Treasury 
to provide ongoing oversight. For instance: 

* Pension obligations and other future cash payments could be 
significant. In April 2010, we reported on the impact of restructuring 
on Chrysler's and GM's pension plans.[Footnote 30] We found that 
although the new companies had assumed sponsorship of the pension 
plans, the future of the plans remained uncertain, in part because the 
companies might need to make large contributions to comply with 
federal pension funding requirements and their ability to make such 
contributions was largely dependent on their ability to become 
profitable again. As of the most recent valuation, GM's U.S. and non- 
U.S. defined benefit pension plans were underfunded by more than $27 
billion as of December 31, 2009, due to a number of factors, including 
significant declines in financial markets and the deterioration of the 
value of plan assets.[Footnote 31] In December 2010, GM announced that 
it had contributed $4 billion in cash into its U.S. defined benefit 
pension plans and planned to contribute $2 billion in stock to its 
U.S. plans in order to move these plans closer to being fully funded. 
Although determining exactly how much funding the plans will need in 
the future is reliant upon various assumptions and therefore difficult 
to pinpoint, GM's latest estimates indicate that the company may need 
to make billions of dollars in contributions to these plans in 2014 
and beyond in order to meet minimum funding requirements.[Footnote 32] 
As of December 31, 2009, Chrysler's worldwide defined benefit pension 
plans were underfunded by approximately $3.9 billion. 

* Future sales levels for new vehicles remain uncertain. While 
Chrysler and GM U.S. sales, and industry sales as a whole, were up 
substantially in 2010 from 2009--up 17 percent and 21 percent, 
respectively--seasonal trends were not uniformly positive. For 
example, compared with May 2010 levels, June 2010 U.S. sales for both 
companies decreased--12 percent for Chrysler and 13 percent for GM's 
core brands--which was more than the usual seasonal change of 3 
percent between these months, while July 2010 U.S. sales for both 
Chrysler and GM were up about 5 percent over July 2009.[Footnote 33] 
In August 2010, Chrysler's U.S. sales increased 7 percent over August 
2009 levels while GM's U.S. core brand sales decreased 11 percent. Yet 
in December 2010, U.S. sales for both companies were up over December 
2009 levels (16 percent for Chrysler and 16 percent for GM's core 
brands). Vehicle sales volumes are highly dependent on economic and 
market conditions such as unemployment levels, consumer confidence, 
and credit availability. Improved economic conditions and, in turn, 
improved vehicle sales are critical to the future profitability of the 
companies and the timing and success of future public stock offerings, 
but current economic conditions remain fragile. 

* Ally Financial's financial health depends, in part, on the health of 
the auto industry and its ability to continue to diversify its 
portfolio. Treasury's AIFP assistance to Ally Financial, a bank 
holding company, resulted in the government owning more than half of 
Ally Financial by the end of 2009. Recognizing the interconnectedness 
of auto financing companies and vehicle sales, Treasury purchased $5 
billion in preferred shares and received warrants from Ally Financial 
in December 2008 and purchased an additional $7.5 billion in 
convertible preferred shares in 2009. Despite this infusion of 
capital, Ally Financial was required to raise additional capital by 
November 2009 based on the results of the Federal Reserve's stress 
test. Unable to raise sufficient additional capital in the private 
market, on December 30, 2009, Treasury provided Ally Financial with a 
capital investment of $3.8 billion to fulfill its capital buffer 
requirement under the stress test, drawing funds from AIFP. Treasury 
did so through the purchase of mandatory convertible preferred shares 
and trust preferred securities.[Footnote 34] Also, in December 2009, 
Treasury converted $3 billion of existing mandatory convertible 
preferred shares into common stock, increasing its equity stake from 
35 percent to 56.3 percent of Ally Financial common stock. As of 
September 30, 2010, Treasury owned $11.4 billion of Ally Financial 
mandatory convertible preferred shares, $2.7 billion of its trust 
preferred securities, and 56.3 percent of its common stock. As part of 
its rebranding and growth efforts, GMAC changed its name to Ally 
Financial, Inc. in May 2010. However, Ally Financial may face 
increased competition for its business in the future, including 
potentially from GM, which acquired Americredit, an auto finance 
company. 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 74 percent. Ally Financial's 
chief executive officer noted that the conversion of these shares 
should help the company in its efforts to conform its capital 
structure to that more typical of a bank holding company. Treasury 
also reported that the conversion may improve Ally Financial's ability 
to raise debt financing. 

To help address these challenges, we made several recommendations in 
our November 2009 report.[Footnote 35] For example, we recommended 
that Treasury ensure that it had adequate staffing to monitor the 
government's investment in the auto companies. Subsequent to our 
recommendation, Treasury hired additional staff to monitor the 
government's investment in the auto companies. We also recommended 
that Treasury report to Congress on how it planned to assess and 
monitor the companies' performance. While Treasury agreed with the 
recommendation and has provided various updates and other information 
to Congress and to the public about the status of the taxpayers' 
investments in the auto companies, it has yet to report to Congress on 
its plans to assess and monitor the companies' performance. Treasury 
noted that it uses monthly financial and operating information from 
the companies, as set forth in the credit agreements, to closely 
monitor the companies' financial condition and that Congress has not 
requested additional information on the agency's efforts to assess and 
monitor the companies. While we recognize there is a wide range of 
publicly available information on the companies' financial 
performance, Treasury has not reported to Congress how it is using 
this information to ensure the companies are on track to further 
improve their financial condition and maximize taxpayer return on its 
investment. We will continue to work with Treasury on the 
implementation of this recommendation and review Treasury's actions in 
response to our recommendation on developing criteria for evaluating 
options for divesting the government's ownership stake in Chrysler and 
GM. We are continuing to monitor the financial condition of the 
industry and in ongoing work are reviewing the current financial 
condition and outlook of Chrysler and GM. As part of that ongoing 
work, we are also reviewing the status of the federal government's 
efforts to assist workers and communities that depend 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: 

Treasury's exposure to AIG increased slightly in 2010, and its ability 
to fully recoup its assistance remains contingent on a number of 
factors related to the health of AIG and the insurance industry. Since 
September 2, 2009, Treasury has increased its level of assistance to 
AIG, funding an additional $4.2 billion drawdown on the Equity Capital 
Facility. This brings Treasury's total assistance to AIG as of 
September 30, 2010, to about $47.4 billion, not including $1.6 billion 
in unpaid dividends exchanged for preferred stock.[Footnote 36] 
Treasury's initial wave of assistance to AIG began in November 2008 
under TARP's Systemically Significant Failing Institutions Program 
(now known as the AIG Investment Program) when the agency agreed to 
purchase $40 billion in shares of AIG Series D cumulative preferred 
stock and received a warrant to purchase approximately 2 percent of 
the shares of AIG's common stock.[Footnote 37] The proceeds were used 
by AIG to pay down part of the FRBNY Revolving Credit Facility. FRBNY 
also created and funded two special purpose vehicles--Maiden Lane II 
and Maiden Lane III--to purchase assets from AIG's securities lending 
portfolio and AIG Financial Product's credit default swap 
counterparties, respectively, both of which were contributing to AIG's 
liquidity problems.[Footnote 38] Treasury provided additional 
assistance in April 2009 by agreeing to exchange this Series D stock 
for Series E fixed-rate noncumulative preferred stock and by providing 
a $29.84 billion Equity Capital Facility to AIG to help the company 
meet its liquidity and capital needs, in exchange for its purchase of 
300,000 shares of fixed-rate noncumulative perpetual preferred stock 
(Series F) and a warrant to purchase up to 3,000 shares of AIG common 
stock.[Footnote 39] As of September 30, 2010, AIG had drawn about $7.4 
billion from this equity facility, up from $3 billion as of September 
30, 2009. By comparison, the level of credit FRBNY has provided AIG 
through its Revolving Credit Facility has fallen from peaks reached in 
late 2008, when Treasury's assistance was just beginning, to September 
30, 2010--from $72.3 billion to about $20.5 billion for the Revolving 
Credit Facility primarily because the debt was restructured into 
equity (see table 4). For example, FRBNY accepted preferred interests 
in SPVs holding the American Life Insurance Company (ALICO) and 
American International Assurance Company, Ltd. (AIA), two life 
insurance holding company subsidiaries, and reduced the outstanding 
balance on the revolving facility by $25 billion. As of September 30, 
2010, the federal government's total exposure to AIG was $124.6 
billion, up from $120.7 billion as of September 2, 2009, but lower 
than $129.1 billion as of December 31, 2009. 

Table 3: Composition of U.S. Government Efforts to Assist AIG and the 
Government's Approximate Remaining Exposures, as of September 30, 
2010, or Latest Available Data as Noted: 

Federal Reserve: 

Revolving Credit Facility: 
Amount authorized: $29.175 billion; 
Direct AIG assistance: AIG debt owed to government: $14.288 billion[A]; 
Direct AIG assistance: Government equity: n/a; 
Indirect AIG assistance: Other debt owed to government: n/a; 
Indirect AIG assistance: Government equity: n/a; 
Accrued interest dividends and fees: $6.182 billion; 
Total government exposure: $20.470 billion[A]. 

Maiden Lane II: 
Amount authorized: $22.5 billion; 
Direct AIG assistance: AIG debt owed to government: n/a; 
Direct AIG assistance: Government equity: n/a; 
Indirect AIG assistance: Other debt owed to government: $13.656[B] 
billion; 
Indirect AIG assistance: Government equity: n/a; 
Accrued interest dividends and fees: $0.408 billion; 
Total government exposure: $14.064 billion. 

Maiden Lane III: 
Amount authorized: $30 billion; 
Direct AIG assistance: AIG debt owed to government: n/a; 
Direct AIG assistance: Government equity: n/a; 
Indirect AIG assistance: Other debt owed to government: $14.638[B] 
billion; 
Indirect AIG assistance: Government equity: n/a; 
Accrued interest dividends and fees: $0.499 billion; 
Total government exposure: $15.137 billion. 

AIA and ALICO: 
Amount authorized: $25 billion; 
Direct AIG assistance: AIG debt owed to government: n/a; 
Direct AIG assistance: Government equity: $25.955 billion[C]; 
Indirect AIG assistance: Other debt owed to government: n/a; 
Indirect AIG assistance: Government equity: n/a; 
Accrued interest dividends and fees: n/a; 
Total government exposure: $25.955 billion. 

Treasury: 

Series D and E: 
Amount authorized: $40 billion; 
Direct AIG assistance: AIG debt owed to government: n/a; 
Direct AIG assistance: Government equity: $40.000 billion[D]; 
Indirect AIG assistance: Other debt owed to government: n/a; 
Indirect AIG assistance: Government equity: n/a; 
Accrued interest dividends and fees: $1.605 billion; 
Total government exposure: $41.605 billion[D]. 

Series F: 
Amount authorized: $29.835 billion; 
Direct AIG assistance: AIG debt owed to government: n/a; 
Direct AIG assistance: Government equity: $7.378 billion[E]; 
Indirect AIG assistance: Other debt owed to government: n/a; 
Indirect AIG assistance: Government equity: n/a; 
Accrued interest dividends and fees: n/a; 
Total government exposure: $7.378 billion[E]. 

Total direct assistance: 
Amount authorized: n/a; 
Direct AIG assistance: AIG debt owed to government: $14.288 billion; 
Direct AIG assistance: Government equity: $73.333 billion; 
Indirect AIG assistance: Other debt owed to government: n/a; 
Indirect AIG assistance: Government equity: n/a; 
Accrued interest dividends and fees: $7.787 billion; 
Total government exposure: $95.408 billion. 

Total indirect assistance: 
Amount authorized: n/a; 
Direct AIG assistance: AIG debt owed to government: n/a; 
Direct AIG assistance: Government equity: n/a; 
Indirect AIG assistance: Other debt owed to government: $28.294 
billion; 
Indirect AIG assistance: Government equity: n/a; 
Accrued interest dividends and fees: $0.907 billion; 
Total government exposure: $29.201 billion. 

Total direct and indirect assistance to benefit AIG: 
Amount authorized: $176.510 billion; 
Direct AIG assistance: AIG debt owed to government: $14.288 billion; 
Direct AIG assistance: Government equity: $73.333 billion; 
Indirect AIG assistance: Other debt owed to government: $28.294 
billion; 
Indirect AIG assistance: Government equity: n/a; 
Accrued interest dividends and fees: $8.694 billion; 
Total government exposure: $124.609 billion. 

Source: GAO analysis of AIG Securities and Exchange Commission 
filings, and Federal Reserve Statistical Release H.4.1. 

Note: Data as of September 30, 2010, or latest available. 

[A] FRBNY created a revolving credit facility to provide AIG a 
revolving loan that AIG and its subsidiaries could use to enhance 
their liquidity positions. In exchange for the facility and $0.5 
million, a trust received Series C preferred stock for the benefit of 
the Treasury, which gave the trust a 77.9 percent voting interest in 
AIG. FRBNY reduced the amount of the commitment fee on the revolving 
credit facility by $500,000 to pay for the Series C stock. The AIG 
loan balance reported in the H.4.1 reflects the outstanding principal 
balance, capitalized interest, unamortized deferred commitment fees, 
and the allowance for the loan restructuring, which was initially 
recorded in July 2009. 

[B] FRBNY created an SPV--Maiden Lane II LLC--to alleviate liquidity 
and capital pressures on AIG by purchasing residential mortgage-backed 
securities from AIG U.S. insurance subsidiaries, and another SPV 
called Maiden Lane III LLC to alleviate liquidity and capital 
pressures on AIG by purchasing collateralized debt obligations from 
AIGFP's counterparties in connection with the termination of credit 
default swaps. Principal owed as of September 29, 2010, was $13.656 
billion for Maiden Lane II LLC and $14.638 billion for Maiden Lane III 
LLC. 

[C] AIG created two SPVs to hold the shares of certain of its foreign 
life insurance businesses (AIA and ALICO). In November 2010, the 
company announced that it sold ALICO to MetLife for approximately 
$16.2 billion (including approximately $7.2 billion in cash and the 
remainder in MetLife securities) and in October 2010 it announced that 
it had raised more than $20.5 billion in the IPO of two-thirds of the 
shares of AIA. AIG announced that it expects to use the cash proceeds 
from the ALICO and AIA transactions to repay the FRBNY revolving 
credit facility and make payments on other interests owned by the 
government, per the terms in the recapitalization plan announced in 
September 2010. 

[D] Treasury purchased Series D cumulative preferred stock of AIG. AIG 
used the proceeds to pay down part of the revolving credit facility. 
Series D stock was later exchanged for Series E noncumulative 
preferred stock. Unpaid dividends on the Series D shares were added to 
the liquidation preference amount of Series E stock that Treasury 
received. When the Series D preferred shares were exchanged for Series 
E preferred shares, $1.605 billion of accrued but unpaid dividends 
were included in the liquidation preference of Series E preferred 
stock. As part of the recently announced recapitalization of AIG and 
restructuring plan, Treasury's shares of AIG's Series E preferred 
stock will be exchanged for approximately 924.5 million shares of AIG 
common stock. 

[E] Treasury purchased Series F noncumulative preferred stock of AIG. 
Treasury has committed to provide AIG with up to $29.835 billion 
through an equity capital facility to meet its liquidity and capital 
needs in exchange for an increase in the aggregate liquidation 
preference of the Series F shares. As part of the recently announced 
recapitalization of AIG and restructuring plan, AIG is to draw down 
amounts remaining on the Series F preferred stock and use them to 
repurchase all or a portion of FRBNY's preferred interests in the AIA 
and ALICO SPVs. In addition, AIG and Treasury will amend and restate 
the Series F securities purchase agreement to provide for the issuance 
of Series G preferred stock by AIG to Treasury, after which AIG's 
right to draw on Treasury's equity capital facility will be 
terminated. Treasury's shares of the Series F preferred stock then 
will be exchanged for (1) preferred interests in the AIA and ALICO 
SPVs transferred to Treasury, (2) newly issued shares of Series G 
preferred stock, and (3) approximately 167.6 million shares of AIG 
common stock. 

[End of table] 

While AIG's financial condition over the past year has remained 
relatively stable or showed signs of improvement, as measured by 
several indicators, federal assistance has played a key role in 
stabilizing AIG's liquidity, equity structure, and credit ratings. 
[Footnote 40] The government's prospect for recouping the assistance 
it has provided largely rests with the December 8, 2010, master 
agreement to restructure the federal assistance and recapitalize AIG 
as agreed to by AIG, FRBNY, Treasury, the AIG Credit Facility Trust, 
AIA, and ALICO. First, AIG is to repay FRBNY in cash all the amounts 
owed under the FRBNY revolving credit facility, which as of September 
30, 2010, was approximately $20.5 billion, and the credit facility 
will be terminated. The funds for repayment are to come from loans to 
AIG from the SPVs that hold the AIA and ALICO net cash proceeds from 
the IPO of AIA and the sale of ALICO. Second, AIG is to draw down an 
amount available under Treasury's equity capital facility established 
pursuant to the Series F preferred stock securities purchase, less an 
amount up to $2 billion. AIG will use the amount drawn down to 
repurchase all or a portion of FRBNY's preferred interests in the AIA 
and ALICO SPVs and then transfer the repurchased preferred interests 
to Treasury in partial consideration for the Series F shares.[Footnote 
41] Third, AIG and Treasury will amend and restate the securities 
purchase agreement related to the Series F preferred stock so that AIG 
can issue to Treasury Series G preferred stock at closing, and AIG's 
right to draw on the Series F preferred stock will be terminated. 
AIG's right to draw on the Series G preferred stock will be subject to 
terms and conditions substantially similar to those in the current 
agreement.[Footnote 42] Fourth, the various preferred stock held by 
the Trust and Treasury will be exchanged for common stock. Treasury 
will then hold approximately 1.655 billion shares of AIG common stock, 
representing approximately 92.1 percent of the AIG common stock that 
will be outstanding as of the closing. Fifth, AIG is to issue to 
holders of AIG common stock, by means of a dividend, 10-year warrants 
to purchase up to 75 million shares of AIG common stock at an exercise 
price of $45 per share.[Footnote 43] Completion of the plan depends on 
a number of conditions, such as FRBNY is not to hold preferred 
interests in AIA and ALICO with an aggregate liquidation preference 
exceeding $2 billion immediately after closing. 

In addition, AIG must have achieved its year-end 2010 targets for the 
derisking (unwinding) of AIGFP. Also, the trustees of the Trust must 
be reasonably satisfied with the insurance and indemnification 
arrangements provided to them in connection with the recapitalization. 
Also, the closing will be subject to regulatory approvals in many of 
the more than 130 countries and jurisdictions where AIG operates. Any 
of the parties may terminate the recapitalization agreement if it is 
not completed by March 15, 2011. We will continue to monitor the 
government's investment and the status of AIG's repayment efforts. Our 
ongoing work on AIG also include a review of the Federal Reserve 
facilities implemented to assist AIG. 

HAMP Trial Modifications Have Declined and Some TARP-Funded Housing 
Programs Are Still In the Early Stages of Implementation: 

As we have noted in our past reports, Treasury has continued to make 
efforts to help borrowers facing potential foreclosures, but its 
efforts have continued to face challenges.[Footnote 44] In particular, 
Treasury's cornerstone effort under TARP to meet EESA's purposes of 
preserving homeownership and protecting home values--HAMP--had a slow 
start and has not performed as anticipated. Moreover, a number of key 
TARP-funded housing programs are still in the early stages of 
implementation. In February 2009, Treasury announced that HAMP would 
use up to $75 billion--including $50 billion of TARP funds--to help 
three to four million homeowners struggling to stay in their homes by 
modifying their mortgages to reduce the monthly payments to affordable 
levels (31 percent of their gross monthly income).[Footnote 45] 
However, through the end of November 2010, fewer than 550,000 
permanent modifications had begun.[Footnote 46] Furthermore, Treasury 
had not yet begun reporting activity for other key components of HAMP 
and other TARP-funded housing programs, such as the Second Lien 
Modification Program and the Principal Reduction Alternative. 

As shown in figure 3, the number of trial modifications started each 
month peaked in October 2009 and then declined from roughly 118,000 
new trials in December 2009 to about 31,000 new trials in November 
2010. According to Treasury, this decline may be due, in part, to the 
new program requirement that lenders determine HAMP eligibility using 
verified information rather than the verbal financial information that 
was initially accepted for all HAMP trial periods starting June 1, 
2010. Additionally, the number of trial modifications canceled 
exceeded the number of conversions to permanent modification from the 
program's inception through November 2010. Of the about 1.4 million 
trial modifications started, roughly 729,000 were canceled and roughly 
550,000 trials were converted to permanent modifications during this 
period. The number of new permanent modifications started each month 
increased from roughly 36,000 in December 2009 to more than 68,000 in 
April 2010 and then decreased to about 31,000 in November 2010. 

Figure 3: GSE and Non-GSE HAMP Trial and Permanent Modifications Made 
Each Month, through November 2010: 

[Refer to PDF for image: multiple line graph] 

Date: May 2009; 
Trial modifications started: 55,375. 

Date: June 2009; 
Trial modifications started: 109,409. 

Date: July 2009: Treasury announces goal of 500,000 trials by November 
1, 2009; 
Trial modifications started: 119,736. 

Date: August 2009; 
Trial modifications started: 144,381. 

Date: September 2009; 
Trial modifications started: 134,566; 
Permanent modifications started: 4,742. 

Date: October 2009; 
Trial modifications started: 159,153; 
Permanent modifications started: 10,907. 

Date: November 2009: Start of Treasury's Conversion Campaign; 
Trial modifications started: 114,942; 
Permanent modifications started: 15,775. 

Date: December 2009; 
Trial modifications started: 118,197; 
Permanent modifications started: 35,514. 

Date: January 2010; 
Trial modifications started: 94,050; 
Permanent modifications started: 50,364. 

Date: February 2010; 
Trial modifications started: 87,444; 
Permanent modifications started: 52,905. 

Date: March 2010; 
Trial modifications started: 70,059; 
Permanent modifications started: 60,594. 

Date: April 2010; 
Trial modifications started: 47,482; 
Permanent modifications started: 68,291. 

Date: May 2010; 
Trial modifications started: 25.694; 
Permanent modifications started: 47,724. 

Date: June 2010; 
Trial modifications started: 21,119; 
Permanent modifications started: 51,205. 

Date: July 2010; 
Trial modifications started: 23,684; 
Permanent modifications started: 36,695. 

Date: August 2010; 
Trial modifications started: 22,238; 
Permanent modifications started: 33,342. 

Date: September 2010; 
Trial modifications started: 29,047; 
Permanent modifications started: 27,840. 

Date: October 2010; 
Trial modifications started: 27,709; 
Permanent modifications started: 23,750. 

Date: November 2010; 
Trial modifications started: 22,548; 
Permanent modifications started: 29,972. 

Source: GAO analysis of Treasury data. 

[End of figure] 

Further, recent data on default and foreclosure rates indicate that 
many borrowers continue to struggle with making their mortgage 
payments (see figure 4). As of June 2010, an estimated 4.6 percent of 
all mortgages nationwide were in some stage of foreclosure. Default 
rates (loans 90 days or more past due) in the second quarter of 2010 
were still more than five times higher than they were at the start of 
2005, increasing from less than 1 percent to roughly 4.5 percent of 
all mortgages. In addition, foreclosure starts grew from about 0.4 
percent to about 1.1 percent during this period, meaning roughly 
490,000 mortgages entered the foreclosure process in the second 
quarter of 2010, compared with about 165,000 in the first quarter of 
2005. Finally, as of the end of the second quarter of 2010, loans in 
the foreclosure inventory have increased more than three times since 
the first quarter of 2005, to more than 2 million loans. 

Figure 4: National Default and Foreclosure Trends, 2005 through June 
2010: 

[Refer to PDF for image: multiple line graph] 

Fiscal quarter: Q1, 2005; 
Mortgages 90 Days Delinquent: 0.81%; 
Foreclosure Starts: 0.42%; 
Foreclosure Inventory: 1.08%. 

Fiscal quarter: Q2, 2005; 
Mortgages 90 Days Delinquent: 0.83%; 
Foreclosure Starts: 0.38%; 
Foreclosure Inventory: 1%. 

Fiscal quarter: Q3, 2005; 
Mortgages 90 Days Delinquent: 0.85%; 
Foreclosure Starts: 0.41%; 
Foreclosure Inventory: 0.97%. 

Fiscal quarter: Q4, 2005; 
Mortgages 90 Days Delinquent: 1.09%; 
Foreclosure Starts: 0.42%; 
Foreclosure Inventory: 0.99%. 

Fiscal quarter: Q1, 2006; 
Mortgages 90 Days Delinquent: 0.95%; 
Foreclosure Starts: 0.42%; 
Foreclosure Inventory: 0.98%. 

Fiscal quarter: Q2, 2006; 
Mortgages 90 Days Delinquent: 0.9%; 
Foreclosure Starts: 0.4%; 
Foreclosure Inventory: 0.99%. 

Fiscal quarter: Q3, 2006; 
Mortgages 90 Days Delinquent: 0.95%; 
Foreclosure Starts: 0.47%; 
Foreclosure Inventory: 1.05%. 

Fiscal quarter: Q4, 2006; 
Mortgages 90 Days Delinquent: 1.02%; 
Foreclosure Starts: 0.57%; 
Foreclosure Inventory: 1.19%. 

Fiscal quarter: Q1, 2007; 
Mortgages 90 Days Delinquent: 0.95%; 
Foreclosure Starts: 0.59%; 
Foreclosure Inventory: 1.28%. 

Fiscal quarter: Q2, 2007; 
Mortgages 90 Days Delinquent: 1.07%; 
Foreclosure Starts: 0.59%; 
Foreclosure Inventory: 1.4%. 

Fiscal quarter: Q3, 2007; 
Mortgages 90 Days Delinquent: 1.26%; 
Foreclosure Starts: 0.78%; 
Foreclosure Inventory: 1.69%. 

Fiscal quarter: Q4, 2007; 
Mortgages 90 Days Delinquent: 1.58%; 
Foreclosure Starts: 0.88%; 
Foreclosure Inventory: 2.04%. 

Fiscal quarter: Q1, 2008; 
Mortgages 90 Days Delinquent: 1.56%; 
Foreclosure Starts: 1.01%; 
Foreclosure Inventory: 2.47%. 

Fiscal quarter: Q2, 2008; 
Mortgages 90 Days Delinquent: 1.75%; 
Foreclosure Starts: 1.08%; 
Foreclosure Inventory: 2.75%. 

Fiscal quarter: Q3, 2008; 
Mortgages 90 Days Delinquent: 2.2%; 
Foreclosure Starts: 1.07%; 
Foreclosure Inventory: 2.97%. 

Fiscal quarter: Q4, 2008; 
Mortgages 90 Days Delinquent: 3%; 
Foreclosure Starts: 1.08%; 
Foreclosure Inventory: 3.3%. 

Fiscal quarter: Q1, 2009: HAMP program starts; 
Mortgages 90 Days Delinquent: 3.39%; 
Foreclosure Starts: 1.37%; 
Foreclosure Inventory: 3.85%. 

Fiscal quarter: Q2, 2009; 
Mortgages 90 Days Delinquent: 3.67%; 
Foreclosure Starts: 1.36%; 
Foreclosure Inventory: 4.3%. 

Fiscal quarter: Q3, 2009; 
Mortgages 90 Days Delinquent: 4.38%; 
Foreclosure Starts: 1.42%; 
Foreclosure Inventory: 4.47%. 

Fiscal quarter: Q4, 2009; 
Mortgages 90 Days Delinquent: 5.09%; 
Foreclosure Starts: 1.2%; 
Foreclosure Inventory: 4.58%. 

Fiscal quarter: Q1, 2010; 
Mortgages 90 Days Delinquent: 4.91%; 
Foreclosure Starts: 1.23%; 
Foreclosure Inventory: 4.63%. 

Fiscal quarter: Q2, 2010; 
Mortgages 90 Days Delinquent: 4.54%; 
Foreclosure Starts: 1.11%; 
Foreclosure Inventory: 4.57%. 

Source: GAO analysis of MBA data. 

[End of figure] 

Treasury's initial HAMP guidelines in March 2009 included programs to 
modify the first and second liens of borrowers facing financial 
hardship. In addition, Treasury noted that compensation would be 
provided to investors, servicers, and borrowers to help when borrowers 
transition to more affordable housing and avoid the stigma of a 
foreclosure in cases where borrowers meet basic HAMP eligibility 
criteria (single-family dwelling, owner-occupied, primary residence, 
etc.) but did not qualify for or defaulted under HAMP.[Footnote 47] 
While the HAMP first-lien modification program was implemented in 
April 2009, specific guidelines for the second lien and foreclosure 
alternatives programs were not issued until March and April 2010, 
respectively. Seventeen servicers signed agreements to modify second 
liens when the corresponding first lien had been modified under HAMP, 
and the largest servicers had begun offering alternatives to 
foreclosure under the Home Affordable Foreclosure Alternatives 
program. As of the end of December 2010, Treasury had not begun 
reporting activity under the second-lien modification program. In 
addition, Treasury had not specified the number of people these 
programs were expected to help, and servicers were still in the early 
stages of implementation. As we noted in June 2010, to improve the 
transparency and accountability of these programs, Treasury will need 
to develop performance measures and benchmarks for the recently 
announced TARP-funded housing programs, including measures to assess 
the extent to which the programs are helping additional borrowers. 

In an effort to reach a broader range of borrowers, including those 
who are unemployed or have mortgages with high loan-to-value ratios, 
Treasury announced four additional TARP-funded homeowner assistance 
programs in March 2010 (see table 4): 

* The Home Affordable Unemployment Program, implemented in July 2010, 
would require servicers to offer eligible unemployed borrowers 
temporary reduction or suspension of monthly payments for the lesser 
of a minimum of 3 months or until the borrower finds employment. 

* The HAMP Principal Reduction Alternative Program requires servicers 
to consider principal reductions for HAMP-eligible borrowers with loan-
to-value ratios above 115 percent. However, while this program was 
implemented, as of October 1, 2010, servicers will not be required to 
offer principal reduction, even when it is more beneficial for 
mortgage holders and investors to do so. 

* The Federal Housing Administration Short Refinance Option would 
allow certain borrowers to refinance their mortgages into loans 
insured by the Federal Housing Administration (FHA). Treasury has 
designated up to $11 billion for this program, which is effective for 
loans issued on or after September 7, 2010, and are closed on or 
before December 31, 2012. 

* The Housing Finance Agency Innovation Fund for the Hardest-Hit 
Housing Markets designates funds to be used by eligible entities of 19 
housing finance agencies (18 states and Washington, D.C.) to develop 
more localized programs to preserve homeownership and protect home 
values. The implementation time frames and number of borrowers to be 
helped by these programs will vary by state. Treasury designated $7.6 
billion of the $45.6 billion intended for housing programs to this 
program. 

Table 4: TARP-Funded Housing Programs: 

Program: HAMP First-Lien Modification; 
Program description: First-lien loan modifications; 
Program status: 
* Announced in March 2009; 
* Implemented in April 2009; 
* 117 participating servicers; 
* About 1.4 million trials started—505,000 active permanent 
modifications, 148,000 active trials, 729,000 trial cancellations, and 
45,000 permanent cancellations through November 2010; 
* Roughly $474 million disbursed in incentive payments as of September 
30, 2010. 

Program: Second-Lien Modification; 
Program description: Second-lien loan modifications for HAMP first-
lien borrowers; 
Program status: 
* Announced in March 2009; 
* Implemented in March 2010; 
* 17 servicers have signed agreements; 
* Roughly $11,000 in incentive payments have been made as of the end 
of September 2010; 
* Expected cost and number of borrowers to be helped unknown. 

Program: Home Affordable Foreclosure Alternatives; 
Program description: Incentives for short sales or deeds-in-lieu of 
foreclosure; 
Program status: 
* Announced in March 2009; 
* Implemented in April 2010; 
* $1.6 million in incentive payments have been made as of the end of 
September 2010; 
* Expected cost and number of borrowers to be helped unknown. 

Program: HAMP Principal Reduction Alternative; 
Program description: Principal reduction for HAMP-eligible borrowers 
with high loan-to-value ratios; 
Program status: 
* Announced in March 2010; 
* Implemented October 2010; 
* Expected cost and number of borrowers to be helped unknown. 

Program: Home Affordable Unemployment Program; 
Program description: Temporary reduction or suspension of monthly 
payments for unemployed borrowers; 
Program status: 
* Announced in March 2010; 
* Implemented in July 2010; 
* No expected TARP funds and number of borrowers to be helped unknown. 

Program: FHA Short Refinance Option; 
Program description: Partial loss coverage for first liens refinanced 
into FHA insured loans, and full or partial extinguishment of second 
liens in conjunction with FHA refinance; 
Program status: 
* Announced in March 2010; 
* Implemented September 2010; 
* 14 servicers have signed agreement; 
* Up to $11 billion designated and number of borrowers to be helped 
unknown. 

Program: Housing Finance Agency Hardest-Hit Fund; 
Program description: Funding for state housing finance agencies in 18 
states and Washington, D.C., hardest-hit by the foreclosure crisis; 
Program status: 
* Announced in February, March, and August 2010; 
* Implementation dates will vary by state; 
* $7.6 billion designated for 19 HFAs; 
* Expected number of borrowers to be helped unknown. 

Source: Treasury. 

[End of table] 

As with other TARP-funded programs, Treasury was required to finalize 
the total amount of TARP funds allocated to housing programs by 
October 3, 2010. However, Treasury officials said that at any point 
before the program ends on December 31, 2012, HAMP servicers will be 
able to use their allocated amount for any of the TARP-funded programs 
they have implemented, with the exception of the Hardest-Hit Fund and 
the loss coverage portion of the FHA Refinance program. Additionally, 
after October 3, 2010, Treasury will still be able to modify TARP-
funded housing programs, as long as Treasury does not enter into any 
new servicer agreements. 

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 48] 
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 remain open. 

In June 2010, we reported that while HAMP's goal was to create clear, 
consistent, and uniform guidance for loan modifications across the 
industry, we found wide variation in servicers' practices with respect 
to tracking HAMP complaints and evaluating borrowers who were current 
or not yet 60 days delinquent on mortgage payments ("imminent default" 
borrowers). In addition, while Treasury had taken some steps to 
address ongoing challenges, such as limiting redefaults and addressing 
potential foreclosures among those who owe more than the value of 
their homes, it urgently needed to finalize and fully implement the 
various components of HAMP and better ensure the transparency and 
accountability of these efforts. We reported that as Treasury 
continues with its first-lien mortgage loan modification program and 
implements the second-lien modification, foreclosure alternatives, and 
other TARP-funded housing programs, adhering to standards for 
effective program management and establishing sufficient program 
planning and implementation capacity will be critical. We have an 
ongoing engagement focused on the implementation of a few of the 
recently announced TARP-funded housing programs, as well as the 
outcomes of borrowers who are denied or canceled from HAMP 
modifications, and will continue to monitor Treasury's implementation 
and management of TARP-funded housing programs as part of our ongoing 
oversight of TARP to help ensure that these programs are appropriately 
designed and operating as intended. At the request of several members 
of Congress, we are also beginning an engagement examining federal 
oversight of mortgage servicers in light of recent reports about 
potential shortcomings in the processing of foreclosure documents. 

Assets under PPIP Have Shown Positive Returns, but Continued 
Monitoring is Important Given That Returns on Assets Can Fluctuate and 
Treasury Must Still Oversee the Program's Asset Managers: 

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 
commercial mortgage-backed securities (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 PPIFs. PPIP, as originally conceived, was also to include a 
partnership between Treasury and FDIC to purchase and hold legacy 
loans (the legacy loans program). FDIC has conducted a pilot sale of 
receivership assets to test the funding mechanism contemplated for 
this program but the program itself was never implemented as part of 
TARP. 

PPIP is similar to what was envisioned when TARP was first conceived 
as an asset-purchase program, but it faced delays in the 
implementation and did not reach the announced levels of 
participation. First announced as a program that could account for up 
to $100 billion, Treasury reduced the PPIP allocation to about $30 
billion for the legacy securities program.[Footnote 49] Subsequently 
the PPIP allocation decreased further to about $22 billion. As of 
September 30, 2010, Treasury had used about $14 billion to fund PPIP. 

The eight Public Private Investment Funds (PPIF) of PPIP have had 
positive returns as of September 30, 2010, and have invested in a 
variety of legacy assets (see table 5). As of September 30, 2010, 
Treasury has invested a total of $14.1 billion in debt and equity into 
the PPIFs. Of this investment, $13.7 billion remained outstanding and 
Treasury had seen unrealized capital gains of approximately $750 
million. In addition, the PPIFs had paid $228 million in interest and 
dividends to Treasury over fiscal year 2010.[Footnote 50] However, 
returns could fluctuate over time, as they are subject to market risk 
factors until the PPIFs close. 

Table 5: PPIFs and Investable Funds as of September 30, 2010: 

PPIF: AG GECC PPIF Master Fund; 
Maximum Treasury equity available (matched with private equity): 
$1.243 billion; 
Maximum Treasury debt available: $2,487 billion; 
Total investable funds available (maximum Treasury and private equity 
plus maximum Treasury debt): $4,973 billion. 

PPIF: AlianceBernstein Legacy Securities Master Fund; 
Maximum Treasury equity available (matched with private equity): 
$1.150 billion; 
Maximum Treasury debt available: $2.301 billion; 
Total investable funds available (maximum Treasury and private equity 
plus maximum Treasury debt): $4.602 billion. 

PPIF: BlackRock PPIF; 
Maximum Treasury equity available (matched with private equity): $695 
million; 
Maximum Treasury debt available: $1,390 billion; 
Total investable funds available (maximum Treasury and private equity 
plus maximum Treasury debt): $2,780 billion. 

PPIF: Invesco Legacy Securities Master Fund; 
Maximum Treasury equity available (matched with private equity): $856 
million; 
Maximum Treasury debt available: $1,712 billion; 
Total investable funds available (maximum Treasury and private equity 
plus maximum Treasury debt): $3,424 billion. 

PPIF: Marathon Legacy Securities Public-Private Investment Partnership; 
Maximum Treasury equity available (matched with private equity): $475 
million; 
Maximum Treasury debt available: $949 million; 
Total investable funds available (maximum Treasury and private equity 
plus maximum Treasury debt): $1.898 billion. 

PPIF: Oaktree PPIP Fund; 
Maximum Treasury equity available (matched with private equity): 
$1.161 billion; 
Maximum Treasury debt available: $2.322 billion; 
Total investable funds available (maximum Treasury and private equity 
plus maximum Treasury debt): $4.643 billion. 

PPIF: RLJ Western Asset Public/Private Master Fund; 
Maximum Treasury equity available (matched with private equity): $621 
million; 
Maximum Treasury debt available: $1.241 billion; 
Total investable funds available (maximum Treasury and private equity 
plus maximum Treasury debt): $2.482 billion. 

PPIF: Wellington Management Legacy Securities PPIF Master Fund; 
Maximum Treasury equity available (matched with private equity): 
$1.149 billion; 
Maximum Treasury debt available: $2.299 billion; 
Total investable funds available (maximum Treasury and private equity 
plus maximum Treasury debt): $4.598 billion. 

PPIF: Total; 
Maximum Treasury equity available (matched with private equity): 
$7.350 billion; 
Maximum Treasury debt available: $14.700 billion; 
Total investable funds available (maximum Treasury and private equity 
plus maximum Treasury debt): $29.400 billion. 

[End of table] 

Source: Treasury. 

PPIFs are invested mostly in legacy RMBS, representing 82 percent of 
market value held in all PPIFS as of September 30, 2010, with the 
remaining 18 percent invested in CMBS (see figure 5). 

Figure 5: PPIF Assets By Market Value and Asset Class, as of September 
30, 2010: 

[Refer to PDF for image: pie-chart] 

Alt-A RMBS: 37%; $7,187 billion; 
Prime RMBS: 31%; $5,900 billion; 
CMBS: 18$; $3,420 billion; 
Subprime RMBS: 9%; $1.651 billion; 
Option adjustable rate mortgage RMBS: 6%; $1.123 billion. 

Source: GAO analysis of Treasury data. 

Note: Total does not add to 100 percent due to rounding. 

[End of figure] 

In June 2010, we reported improvements in RMBS and CMBS markets as 
indicated by an increase in prices for highly rated CMBS after PPIP 
was announced.[Footnote 51] Specifically, highly-rated CMBS prices 
rebounded from their lows in late-2008, and average spreads tightened 
in the same time period. According to Treasury, improvements in 
certain CMBS and RMBS prices are indications of the program's success. 
However, market prices can fluctuate while the funds are still 
managing assets, and Treasury will need to maintain oversight 
responsibility for the program's asset managers until the funds no 
longer hold assets. 

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

Given the importance of small businesses to the overall economy, 
Treasury created several programs to help address small business 
credit constraints. Subsequently, Treasury decided to shift its 
primary focus to establishing a program outside of TARP. The existing 
TARP programs that are intended to assist small businesses focus on 
capitalizing certain depository institutions and stabilizing secondary 
markets for SBA-guaranteed loans, including the CDCI, SBA 7(a) 
Securities Purchase Program, and TALF. Table 6 provides a brief 
description and status of each program. 

Table 6: TARP Small Business-Related Programs: 

Program: CDCI; 
Program description: Provides capital to CDFIs that have a federal 
depository institution supervisor.[A] The program is structured like 
CPP but expands to credit unions and provides more favorable capital 
terms; 
Program status: 
* Announced in October 2009 and closed in September 2010; 
* As of September 2010, Treasury provided about $570 million to 84 
CDFIs, 28 of which had already participated in CPP.[C] 

Program: SBA 7(a) Securities Purchase Program; 
Program description: Purchases securities backed by SBA 7(a) 
guaranteed loans to provide market liquidity; 
Program status: 
* Announced in March 2009 and closed in September 2010; 
* As of September 30, 2010, Treasury has made 31 purchases of SBA 7(a) 
securities totaling about $357 million. 

Program: TALF
Program description: Provided loans to investors to purchase; 
securitizations for various asset classes to improve access to credit 
for consumers and businesses. Treasury provides credit protection for 
TALF[B]; 
Program status: 
* 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 Board estimates that about 850,000 small 
business loans were financed in part by securities supported by TALF. 

Sources: GAO analysis of information from the Department of the 
Treasury, Office of Financial Stability, and the Federal Reserve. 

[A] CDFIs are financial institutions that provide financing and 
related services to communities and populations that lack access to 
credit, capital, and financial services. The CDFI Fund provides the 
designation, which allows CDFIs to apply for CDFI Fund's financial 
assistance. The federal depository institution supervisors for this 
program include the FDIC, the Federal Reserve, the Office of the 
Comptroller of the Currency, the OTS, and the National Credit Union 
Administration. 

[B] Treasury's credit protection takes the form of loans to TALF LLC 
in the event that TALF loans are not repaid and the asset-backed 
securities or CMBS collateral securing the loans is surrendered to 
TALF LLC. TALF LLC is an SPV created by FRBNY to purchase the 
underlying collateral. Treasury originally provided $20 billion of 
credit protection, but the Federal Reserve announced on July 20, 2010, 
that Treasury and the Federal Reserve had agreed to reduce the credit 
protection to $4.3 billion. 

[C] Of this amount, about $207 million is new funds, while the 
remainder was already disbursed through CPP. 

[End of table] 

Although these programs were intended to increase the amount of credit 
available to small businesses, their impact has been limited for 
several reasons. First, the amount of funding announced for these 
programs was small in comparison to other TARP programs and the amount 
expended on these programs as of September 30, 2010, has been even 
less. As table 7 shows, while OFS originally announced almost $66 
billion in funding for TARP programs for small business-related 
initiatives, over the last year that commitment has been cut to about 
$5.3 billion. As of September 30, 2010, about $548 million has been 
expended. Treasury noted that the small expenditures for these 
programs were not a sign of program failure, but an indication that 
the markets were functioning on their own. 

Table 7: Changes in TARP Small Business Program Commitments and 
Comparisons to Expenditures: 

TALF: 
Original Announcement: $20.000 billion; 
Current commitment: $4.300 billion; 
Expenditures (as of September 30, 2010): $100 million; 
Expenditures as percent of original announcement: 0.5%; 
Expenditures as percent of current commitment: 2.3%. 

Small Business Lending Fund[A]: 
Original Announcement: $30.000 billion; 
Current commitment: $0; 
Expenditures (as of September 30, 2010): $0; 
Expenditures as percent of original announcement: n/a; 
Expenditures as percent of current commitment: n/a. 

CDCI: 
Original Announcement: $800 million; 
Current commitment: $570 million; 
Expenditures (as of September 30, 2010): $207 million; 
Expenditures as percent of original announcement: 25.9%; 
Expenditures as percent of current commitment: 36.3%. 

SBA7(a) and 504 Securities[B]: 
Original Announcement: $15.000 billion; 
Current commitment: $400 million; 
Expenditures (as of September 30, 2010): $241 million; 
Expenditures as percent of original announcement: 1.6%; 
Expenditures as percent of current commitment: 60.3%. 

Total: 
Original Announcement: $65.800 billion; 
Current commitment: $5.270 billion; 
Expenditures (as of September 30, 2010): $548 million; 
Expenditures as percent of original announcement: less than 1%; 
Expenditures as percent of current commitment: 10.4%. 

Source: GAO analysis of OFS data. 

[A] As discussed in greater detail below, the Small Business Lending 
Fund was initially planned to be part of TARP, but was ultimately 
funded apart from TARP. 

[B] Treasury officials noted that the original announcement included 
plans to purchase both SBA 7(a) and SBA 504 securities. Subsequently, 
Treasury did not purchase SBA 504 securities. Currently, this program 
is known as the SBA 7(a) Securities Purchase Program. 

[End of table] 

Second, these TARP programs targeted markets and institutions that 
represent a small percentage of small business lending. Part of the 
TALF portfolio and all of the SBA 7(a) Securities Purchase Program 
focused on SBA lending markets, which represent a small proportion of 
small business financing overall, further limiting the impact the 
programs might have on small business lending more broadly. CDCI 
focuses on CDFIs, which represent about 1 percent of regulated 
depository institutions and less than 1 percent of total assets of 
regulated depositories. Total lending related to small businesses--as 
measured by business loans of $1 million or less for banks and 
thrifts, and loans more than $50,000 for credit unions--is also a 
relatively small percentage compared with such loans at other 
regulated depositories, at about 0.5 percent.[Footnote 52] Moreover, 
Treasury does not require CDFIs to use the capital to increase small 
business lending as a condition of participating in CDCI, according to 
a Treasury official. Reports from the National Credit Union 
Association (NCUA) and OTS--regulators of certain CDFIs--on how CDCI 
applicants intend to use their funds indicate that most CDFIs did not 
specifically state they had a plan to increase small business lending. 
However, two of the three thrifts recommended by OTS and half of the 
credit unions recommended by NCUA indicated they would increase or 
maintain lending in general.[Footnote 53] 

Finally, Treasury officials told us that TARP requirements and the 
public's negative opinion of TARP have curtailed overall interest and 
participation in TARP programs. The reduced interest in TARP programs 
stems from what Treasury officials refer to as "TARP stigma"--that is, 
financial institutions dislike of participating in TARP programs 
because doing so exposed them to criticism and they were not willing 
to comply with TARP requirements. For example, as we previously 
reported, concerns about TARP requirements slowed implementation of 
the SBA 7(a) Securities Purchase Program because participants did not 
agree with the terms.[Footnote 54] Treasury attempted to mitigate the 
concerns by making the program terms on executive compensation and 
warrants (in this case, known as senior securities) less onerous. 
[Footnote 55] According to Treasury officials, TARP stigma also became 
an obstacle to introducing additional TARP small business programs. 

Communication about Small Business Programs Initially Lacked Clarity 
but Has Improved: 

Treasury has not always been clear or consistent in describing the 
intent of its TARP small business programs, although recent 
communications have been clearer about the purpose of the CDCI 
program. Treasury officials told us that CDCI's purpose was mainly to 
capitalize CDFIs so they could achieve their economic development 
goals. However, early public announcements and congressional testimony 
about the program emphasized that the goal of the program was to 
increase small business lending. Based on some of these public 
statements, NCUA and officials from a credit union industry group 
raised concerns about the program's focus on small business lending, 
pointing out that some of their institutions do not make many small 
business loans. However, NCUA and credit union officials said that in 
subsequent discussions Treasury officials assured them that CDCI 
participants would not need to demonstrate an increase in small 
business lending, because CDCI also aims to capitalize CDFIs to carry 
out their other economic development goals. A recent announcement on 
CDCI closing, along with Treasury's Two-Year Retrospective report on 
TARP, provided more clarity on the purpose of CDCI that is consistent 
with concerns we had about the goals of CDCI being clear. As we 
previously reported, clear and transparent communication about TARP 
programs is important. 

Treasury Is Now Focusing Efforts to Assist Small Businesses outside of 
TARP: 

Given concerns about TARP stigma, Treasury shifted its efforts to 
assist small businesses outside of TARP by creating a separate Small 
Business Lending Fund (SBLF). The administration first announced SBLF 
in October 2009 and originally planned to use TARP to fund it. 
However, Treasury officials told us that they repeatedly heard from 
potential participants that they were reluctant to participate in any 
program associated with TARP. After considering a variety of options 
and getting input from potential participants, Treasury officials 
concluded that SBLF would not ultimately succeed unless it was 
completely separated from TARP. Therefore, Treasury announced in 
spring 2010 that it was seeking a separate appropriation to establish 
SBLF outside of TARP. 

Under the Small Business Jobs Act of 2010, enacted on September 27, 
2010, SBLF will be a $30 billion bank capital support program 
encouraging small and midsize banks to lend to small businesses. 
[Footnote 56] The program will set benchmarks for increasing banks' 
lending to small businesses, in part by measuring changes in the 
amount of loans of $10 million or less for commercial and industrial 
lending, certain kinds of commercial real estate, and farm-related 
lending. The more a bank can demonstrate increased lending based on 
such measures, the lower the dividend it will pay to Treasury. The 
Small Business Jobs Act of 2010 established SBLF and contains metrics 
for measuring increases in small business lending. We will be 
reviewing SBLF in the future, as required by the act. 

Assets in the TALF will Require Continued Monitoring to Allow Treasury 
to Anticipate Future Needs for Credit Support: 

TALF provided loans to private investors to purchase asset-backed 
securities (ABS) and CMBS to encourage the issuance of new 
securitizations and provide liquidity for new consumer and business 
loans.[Footnote 57] To assist in this effort, Treasury provides credit 
protection for TALF as part of TARP's Financial Stability Plan under 
the Consumer and Business Lending Initiative.[Footnote 58] 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 (see figure 6). According to the Federal Reserve, 
although none of the loans have come due, 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. 

Figure 6: TALF Loan Categories, March 2009 through June 2010: 

[Refer to PDF for image: pie-chart] 

Credit card: 37%; $26.32 billion; 
Auto: 18%; $12.79 billion; 
Legacy CMBS: 17%; $11.99 billion; 
Student loan: 13%; $8.97 billion; 
Floor plan: 5%; $3.89 billion; 
Small business: 3%; $21.5 billion; 
Insurance premium finance: 3%; $1.98 billion; 
Equipment: 2%; $1.61 billion; 
Servicing advances: 2%; $1.31 billion; 
New-issue CMBS: 0%; $0.07 billion. 

Source: GAO analysis of FRBNY data. 

[End of figure] 

In February and June 2010, we reported that the ABS markets had 
improved largely due to TALF's activity for the more frequently traded 
TALF-eligible sectors after the program's first activity in March 
2009.[Footnote 59] The dollar volume of TALF issuance peaked in the 
third quarter of 2009 and until that point represented a significant 
portion of all ABS issued. But by the fourth quarter of 2009, TALF 
volume decreased significantly and at a faster rate than the total ABS 
volume, indicating that ABS markets were relying less on TALF 
financing. TALF's impact on credit rates is less clear, however, as we 
did not find clear evidence that most consumer credit rates changed 
significantly after TALF started with the exception of auto loans from 
finance companies. FRBNY officials said that interest rates on 
consumer and small business loans could have been much higher without 
TALF. 

Treasury has addressed the recommendations we made in our February 
2010 TALF report. First, we recommended that Treasury give greater 
attention to risks in commercial real estate and CMBS markets, and 
Treasury developed internal tracking reports to assess such trends. 
Second, we found that Treasury had not fully documented the rationale 
for final decisions on managing TALF risks, and we recommended that 
Treasury develop a formal decision-making policy to strengthen 
transparency and internal controls. In response, Treasury created a 
process for assessing changes to TALF program terms and outside 
analyses and now has a process for documenting such analyses. Third, 
because Treasury bears the first-loss risk from assets that TALF 
borrowers surrender in conjunction with unpaid loans, we recommended 
that Treasury review the data it might collect and publicly report in 
the event that any collateral was surrendered to TALF LLC. Treasury 
responded that if assets are surrendered, its plan is to direct the 
public to the Federal Reserve for public reports it maintains about 
its securities holdings. Treasury officials also stated that Treasury 
has the ability to retain a third party to advise and assist it in 
making asset disposition decisions and noted that Treasury was 
committed to transparency regarding such assets.[Footnote 60] Finally, 
we issued a matter for consideration requesting that Congress provide 
us with audit authority over all Federal Reserve operational and 
administrative actions taken with respect to TALF so that we could 
audit TARP support for TALF most effectively. Congress provided 
authority in the Dodd-Frank Act for us to review various aspects of 
Federal Reserve facilities initiated in response to the financial 
crisis. This related work is underway, and we will issue a future 
report on the results. 

Outstanding Funds under Other TARP Programs Have Been Repaid and the 
Programs Terminated: 

Treasury had created two other programs that were terminated in 2009 
and the funds repaid. 

* CAP was terminated without any funds being used. CAP was designed to 
further improve confidence in the banking system by helping ensure 
that the largest 19 U.S. bank holding companies had sufficient capital 
to cushion themselves against larger than expected future losses, as 
determined by the Supervisory Capital Assessment Program (SCAP)--or 
"stress test"--conducted by the federal banking regulators. CAP made 
TARP funds available to any institution not able to raise private 
capital to meet SCAP requirements. In the end, 9 of the 10 
institutions that needed additional capital as a result of SCAP raised 
more than $70 billion from private sources, and as mentioned 
previously, Ally Financial received additional capital from Treasury 
under AIFP.[Footnote 61] 

* AGP was terminated and Treasury retained a guarantee fee. AGP was 
established as the Treasury insurance program, which provided federal 
government assurances for assets held by financial institutions that 
were deemed critical to the functioning of the U.S. financial system. 
Citigroup and Bank of America were the only two institutions that 
participated in the Treasury program before it was terminated. As 
previously reported, Bank of America paid Treasury and others a fee 
for terminating the term sheet before any assets were segregated. 
Treasury entered into a loss sharing arrangement with Citigroup under 
which Treasury assumed $5 billion of exposure and in exchange received 
cumulative nonvoting preferred shares and warrants to purchase common 
shares.[Footnote 62] In December 2009, FRBNY (which has made a loan 
commitment to Citigroup in connection with the Treasury guarantee), 
FDIC, Treasury, and Citigroup agreed to terminate the Citigroup AGP 
agreement. Like FDIC, Treasury retained a portion of the trust 
preferred shares received as payment for the asset protection provided 
under AGP as well as warrants associated with this assistance. 
Treasury sold its interest in the trust preferred securities on 
September 30, 2010, for approximately $2.25 billion. The FRBNY 
obtained a termination fee for agreeing to terminate its loan 
commitment. 

OFS has Made Progress in Staffing Key Positions, Managing Its 
Contracts, and Maintaining Internal Controls: 

OFS has continued to make progress in staffing key positions, managing 
its contracts, and maintaining internal controls. While OFS's 
organization structure has stabilized as it moves into maintenance 
mode, more could be done to address retention of key staff as TARP 
winds down. Treasury continued 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 has stabilized. Over the past two 
years, the number of OFS employees has increased steadily with the 
number of employees increasing and the number of detailees decreasing 
(see figure 7). In addition, Treasury has filled key leadership 
positions in OFS, including the position of Chief of the Homeownership 
Preservation Office.[Footnote 63] However, this stability is fragile. 
For example, on September 30, 2010, the Assistant Secretary of 
Financial Stability resigned and this key leadership position is 
temporarily filled. 

Figure 7: Number of Employees and Detailees, November 21, 2008 through 
September 25, 2010: 

[Refer to PDF for image: stacked vertical bar graph] 

Date: November 21, 2008; 
Employees (including term appointments): 5; 
Staff detailed to OFS from other areas of Treasury and other federal 
agencies: 43; 
Total: 48. 

Date: January 26, 2009; 
Employees (including term appointments): 38; 
Staff detailed to OFS from other areas of Treasury and other federal 
agencies: 52; 
Total: 90. 

Date: March 16, 2009; 
Employees (including term appointments): 77; 
Staff detailed to OFS from other areas of Treasury and other federal 
agencies: 36; 
Total: 113. 

Date: June 8, 2009; 
Employees (including term appointments): 137; 
Staff detailed to OFS from other areas of Treasury and other federal 
agencies: 29; 
Total: 166. 

Date: September 15, 2009; 
Employees (including term appointments): 184; 
Staff detailed to OFS from other areas of Treasury and other federal 
agencies: 12; 
Total: 196. 

Date: September 25, 2010; 
Employees (including term appointments): 216; 
Staff detailed to OFS from other areas of Treasury and other federal 
agencies: 3; 
Total: 219. 

Source: GAO analysis of Treasury data. 

[End of figure] 

In general, the organizational structure of OFS has also remained 
stable. We reported in October 2009 that the Assistant Secretary of 
Financial Stability was establishing an Office of Internal Review that 
would perform the functions of the former Chief Risk and Compliance 
Officer, among other duties. This office, which has been established, 
is responsible for identifying risks that TARP faces and works with 
relevant program offices to develop procedures for overall compliance 
with EESA. The compliance staff monitors TARP recipients to help 
ensure they are adhering to program requirements and financial agents 
and contractors to help ensure they are complying with the TARP 
conflict-of-interest requirements. In addition, OFS now has an Office 
of Reporting that includes a senior communications officer and 
director of oversight and reporting.[Footnote 64] This office helps to 
ensure that OFS is meeting all of its reporting requirements and 
coordinates OFS's work with oversight entities such as GAO, Special 
Inspector General for TARP, Congressional Oversight Panel, and the 
Financial Stability Oversight Board. 

In August 2010, Treasury officials estimated that OFS would need 275 
full-time equivalents to be fully staffed. As of August 14, 2010, the 
office had 59 vacancies. Treasury officials told us that they were 
actively seeking candidates for about half of the vacancies, most 
(about 23) in the Office of Internal Review, and reassessing whether 
the remaining positions were still needed. For example, the Chief of 
Operations Officer is in the process of determining whether a vacant 
administrative officer position that would report directly to her is 
still needed given that division managers within the office already 
report directly to her. OFS continues to use direct-hire and other 
appointment authorities to expedite hiring of qualified candidates. 
Treasury officials said that hiring for the Office of Internal Review 
has been difficult because of competition for auditors who could 
conduct internal assessments and compliance reviews. In addition, they 
noted that these OFS positions are temporary positions and under the 
federal government pay scale, which can make competing with other 
employers more challenging. 

Although TARP's authority to establish new programs has expired, OFS 
will have to operate existing programs going forward. However, 
eventually OFS will need to hire fewer staff as TARP programs continue 
to wind down. Treasury officials said that while the expiration of 
TARP authority has not yet resulted in employees leaving, they noted 
that the Assistant Secretary recently emphasized to staff that OFS 
still have significant responsibilities and that OFS employees are 
still needed. To address concerns about staff retention, OFS officials 
told us that they had started to take steps to help address employee 
satisfaction. For example, in April 2010 OFS conducted its first 
employee satisfaction survey. Officials told us that the survey 
results had generally been positive but had highlighted two areas-- 
communication and staff development--that OFS plan to focus on going 
forward: 

* Internally, OFS has several methods for communicating across the 
organization, including a monthly staff meeting and monthly employee 
newsletter. In addition, the Assistant Secretary has two weekly 
meetings with the chiefs, and the chiefs also meet once a week. 
Treasury officials told us that a key initiative to improve 
communication was to revamp its internal Web site using more 
collaborative software that would make Figure 75: sharing information 
easier. In addition, OFS will identify communications training for OFS 
managers and employees. 

* To enhance staff development, OFS is drafting a training policy and 
will soon have staff fill out individual development plans. OFS is 
also planning to develop a "Government 101" course for employees new 
to the federal government and re-establish an OFS mentoring program. 
[Footnote 65] In addition, OFS allows staff to rotate among positions 
within the office, enabling employees to gain additional knowledge and 
skills and helping to keep them engaged in OFS's mission. 

Treasury officials also said that OFS could use the retention 
incentives that are available to all government agencies if necessary 
to help ensure that the office retained key skills and competencies. 

OFS is also beginning to address the concerns of employees who were 
hired under term appointments. Because OFS is a temporary office, more 
than half of its employees (115 as of September 25, 2010) are term 
appointed. Most of these employees were hired under 1-or 2-year 
appointments that can be extended but are limited to a total of 4 
years.[Footnote 66] In addition, several leadership positions were 
filled with limited-term Senior Executive Service appointments that 
are limited to 3 years, including the Chief Investment Officer, Chief 
of Operations Officer, Chief Counsel, and Chief of Homeownership 
Preservation.[Footnote 67] Although the use of term appointments is 
appropriate for a temporary organization such as OFS, these employees 
may also be difficult to retain for the full period of their term 
appointment. For example, Treasury officials told us that some of 
these employees have stated that they wanted to seek permanent career 
positions in the federal government, and Treasury's Office of Human 
Resources has offered seminars on the federal hiring process. OFS's 
employee survey also confirmed that some staff are considering 
employment elsewhere. For example, Treasury officials stated that 
about one-third of staff responded affirmatively to a question asking 
whether the employees planned to leave OFS in the next 6 months. 
However, Treasury officials noted that in the last 6 months (between 
April and September 2010), only about 6 percent of employees have left 
OFS. 

Workforce planning for OFS has presented and continues to present some 
unique challenges. When OFS was initially created, it staffed the 
office largely by relying on detailees until it could hire more 
permanent employees, and as we have seen, more than half of its 
employees have been hired under term appointments. Early in 2009, OFS 
developed a Strategic Workforce Plan that generally focused on the 
issues related to acquiring qualified staff. Along with its fiscal 
year 2011 budget request issued February 1, 2010, Treasury included a 
broad human capital strategy for OFS that included: 

* using hiring authorities to recruit new employees for short- and 
long-term assignments, 

* hiring experts or consultants and detailees for temporary or 
intermittent employment, 

* establishing training and development interventions to ensure that 
existing staff are engaged and possess the requisite skill set, and: 

* performing regular strategic workforce assessments to refine the 
organization and identify and eliminate competency gaps in OFS's 
workforce. 

The human capital strategy does not provide any details for these 
various efforts. According to Treasury officials, this strategy is in 
the process of being modified to emphasize staff retention and will be 
issued along with OFS's fiscal year 2012 budget submission. They also 
told us that OFS no longer had regular workforce assessment meetings 
because staffing had stabilized. For staffing-related decisions, OFS 
has created a staffing board that consists of the Chief of Operations 
Officer, Chief Financial Officer, and a senior representative from 
Treasury's Office of Human Resources. The board meets as needed to 
approve new positions and incentive payments, among other things. 

We have reported on the importance of strategic workforce planning to 
address two critical needs: (1) aligning an organization's human 
capital program with its current and emerging mission and programmatic 
goals and (2) developing long-term strategies for acquiring, 
developing, and retaining staff to achieve programmatic goals. 
[Footnote 68] Although Treasury has established a human capital 
strategy for OFS, OFS has not updated its strategic workforce plan to 
reflect its changing environment as TARP moves from largely 
implementing to maintaining and terminating programs or to address the 
unique challenges associated with maintaining high-quality staff in a 
temporary organization. As we have seen, OFS continues to have many 
responsibilities and some programs may need staff for years to come. 
For example, HAMP could be in operation until 2017.[Footnote 69] In 
addition, when Treasury will completely divest its TARP investments in 
entities such as GM, and Chrysler is unclear. In 2013, term employees 
may be at the 4-year limit, and even before then some term employees 
may choose to leave OFS rather than accept an extension. Further, 
filling key leadership positions that are under limited-term Senior 
Executive Service appointments will be a challenge. Treasury officials 
told us that the chiefs in OFS have begun to discuss future staff 
needs and various options for addressing these needs but have not yet 
fully developed a plan. For example, they said although staff needs 
may be somewhat lower by 2014, OFS will still be performing many of 
the same functions, and they have considered options, such as creating 
permanent positions that will be around for some time. 

OFS has undertaken succession management planning in order to better 
ensure that leadership positions remain filled and is participating in 
a succession planning pilot program. According to OFS officials, the 
succession planning pilot began on September 1, 2010, and its purpose 
is to help ensure that OFS can fill leadership positions with 
qualified staff. The pilot is to include a review of senior positions 
to identify the key skills and competencies and a review of OFS 
employees who could move into these positions and to identify any 
skills gaps. Addressing these gaps should help to inform developmental 
and training opportunities for individual development plans. The pilot 
will also assess whether any of the leadership positions are at risk 
of being vacant in the next 6 months. 

In past reports, we raised concerns about Treasury having enough staff 
with the appropriate skills to effectively support certain TARP 
programs. For example, we noted in a July 2009 report on HAMP that 
having enough staff with appropriate skills was essential to governing 
HAMP effectively and recommended that Treasury place a high priority 
on fully staffing Homeownership Preservation Office.[Footnote 70] 
Since then, the Home Ownership Preservation Office has not yet 
conducted a workforce assessment, despite the recent addition of 
several new programs. In November 2009, we reported that Treasury was 
planning to disband the auto team and would lose dedicated staff with 
industry-and company-specific knowledge and expertise. We raised 
concerns that OFS would not have adequate staff resources with the 
expertise needed to adequately monitor and divest the government's 
investment in Chrysler and GM and recommended that it obtain needed 
expertise in areas where gaps are identified.[Footnote 71] 
Subsequently, Treasury has hired two additional analysts dedicated 
solely to monitoring Treasury's investments in Chrysler and GM, and 
plans to hire one more. OFS will likely continue to face such 
scenarios going forward. Without a workforce plan that considers 
various scenarios, particularly the potential outflow of term 
employees, OFS risks not being adequately prepared to manage and 
oversee ongoing TARP investments and programs. 

Treasury Continues to Rely on a Growing Network of Financial Agents 
and Contractors to Support TARP Administration and Operations: 

Since the inception of TARP in October 2008, Treasury has continued to 
rely on private sector resources to assist OFS with a variety of 
activities. These include providing the infrastructure needed to 
inject capital into key financial institutions, implementing programs 
to address problems in the financial markets, providing assistance to 
the automobile industry and AIG, and working to help homeowners 
struggling to keep their homes. 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).[Footnote 72] Second, Treasury has entered 
into contracts 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 about a year ago.[Footnote 73] 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.[Footnote 74] 

Treasury Increased Its Use of Financial Agents and Small Business 
Contractors: 

As shown in table 8, the majority of financial agent agreements were 
awarded in 2009, many in late December. According to OFS procedures, 
financial agents are used for services that cannot be provided with 
existing Treasury, financial agent, or contractor resources. 
Treasury's decision to use a financial agent as opposed to a 
contractor or other provider is generally based on the inherently 
governmental or fiduciary nature of the required service. According to 
Treasury, all of its financial agents provide vital support in 
managing billions of dollars in disbursements, repayments, and 
additional proceeds for a variety of TARP programs, some of them 
ongoing and some winding down.[Footnote 75] The functions that 
Treasury has assigned these financial agents include asset management 
for Treasury's purchase of "troubled assets," custodial and 
infrastructure support services, and program administration services 
for OFS's homeownership preservation programs. 

Table 8: Financial Agent Involvement in TARP Programs: 

Financial agent and award date: AllianceBernstein (4/21/2009); 
TARP investment program: 
* CPP; 
* AIFP; 
* AIG Investments (SSFI); 
Role of financial agent: 
* CPP Asset Manager; 
* GM Asset Manager; 
* AIG Asset Manager. 

Financial agent and award date: Avondale Investments (12/22/2009); 
TARP investment program: CPP; 
Role of financial agent: CPP Asset Manager. 

Financial agent and award date: Bank of New York Mellon (10/14/2008); 
TARP investment program: All programs; 
Role of financial agent: Custodian. 

Financial agent and award date: Bell Rock Capital (12/22/2009); 
TARP investment program: CPP; 
Role of financial agent: CPP Asset Manager. 

Financial agent and award date: EARNEST Partners (3/16/2009); 
TARP investment program: SBA 7(a) Securities Purchase Program; 
Role of financial agent: SBA 7(a) Asset Manager. 

Financial agent and award date: Fannie Mae (2/18/2009); 
TARP investment program: HAMP; 
Role of financial agent: HAMP Program Administrator. 

Financial agent and award date: Freddie Mac (2/18/2009); 
TARP investment program: HAMP; 
Role of financial agent: HAMP Compliance Agent. 

Financial agent and award date: FSI Group (4/21/2009); 
TARP investment program: 
* CPP; 
* ABP; 
Role of financial agent: CPP Asset Manager, Citi TRuPS Asset Manager. 

Financial agent and award date: Howe Barnes Hoefer & Arnett 
(12/22/2009); 
TARP investment program: CPP; 
Role of financial agent: CPP Asset Manager. 

Financial agent and award date: KBWAM (12/23/2009); 
TARP investment program: 
* CPP; 
* AIFP; 
Role of financial agent: CPP Asset Manager; GMAC Asset Manager; AIFP 
Transaction Structuring Support. 

Financial agent and award date: Lazard Freres (5/17/2010); 
TARP investment program: AIFP; 
Role of financial agent: AIFP Transaction Structuring. 

Financial agent and award date: Lombardia Capital Partners 
(12/22/2009); 
TARP investment program: CPP; 
Role of financial agent: CPP Asset Manager. 

Financial agent and award date: Morgan Stanley (3/29/2010); 
TARP investment program: 
* CPP; 
* TIP; 
Role of financial agent: Disposition Agent for Citigroup Common Stock. 

Financial agent and award date: Paradigm Asset Management (12/22/2009); 
TARP investment program: CPP; 
Role of financial agent: CPP Asset Manager. 

Financial agent and award date: Piedmont Investment Advisors 
(4/21/2009); 
TARP investment program: CPP; 
Role of financial agent: CPP Asset Manager. 

Source: Treasury. 

[End of table] 

The share of work by small businesses and minority-and women-owned 
businesses under TARP contracts and financial agency agreements has 
grown substantially since November 2008, when only one of Treasury's 
prime contracts was with a small business and only one minority small 
business firm had teamed as a subcontractor with a large business 
contractor. Since we reported in October 2009, the number of prime 
contracts and financial agency agreements with small and/or minority 
firms has grown from 8 to 20, according to Treasury's data. From the 
outset, Treasury encouraged small businesses to pursue opportunities 
for TARP contracts and financial agency agreements. For example, in 
2010 Treasury resolicited all OFS legal services contracts. It 
received and evaluated 81 proposals and awarded 13 indefinite-
delivery/indefinite-quantity contracts, including two small 
businesses. As shown in table 9, the majority of small and/or minority-
and women-owned businesses participating in TARP are subcontractors. 

Table 9: TARP Contracts, Financial Agency Agreements, and Subcontracts 
with Minority-Owned, Women-Owned, and Other Small Businesses: 

Socioeconomic business category: Minority-owned[C]; 
Prime contracts[A]: 2; 
Financial agency agreements[A]: 5; 
Subcontracts under prime contracts and contracts under financial 
agency agreements[B]: 16; 
Total participation by small businesses: 23. 

Socioeconomic business category: Woman-owned; 
Prime contracts[A]: 2; 
Financial agency agreements[A]: 1; 
Subcontracts under prime contracts and contracts under financial 
agency agreements[B]: 14; 
Total participation by small businesses: 17. 

Socioeconomic business category: Other small; 
Prime contracts[A]: 8; 
Financial agency agreements[A]: 2; 
Subcontracts under prime contracts and contracts under financial 
agency agreements[B]: 29. 

Socioeconomic business category: Total; 
Prime contracts[A]: 12; 
Financial agency agreements[A]: 8; 
Subcontracts under prime contracts and contracts under financial 
agency agreements[B]: 49; 
Total participation by small businesses: 69. 

Source: GAO analysis of Treasury data. 

[A] Data as of September 30, 2010. GAO's analysis does not include 
task orders. 

[B] As of June 30, 2010, TARP financial agents and prime contractors 
have awarded 95 subcontracts. 

[C] Includes both small and nonsmall minority-owned businesses and 
minority woman-owned businesses. 

[D] Includes small businesses, service-disabled veteran-owned small 
businesses, and small disadvantaged businesses. 

[End of table] 

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

When Treasury set up OFS in 2008 and quickly began to implement 
numerous TARP initiatives in response to the nation's financial 
crisis, OFS had not yet finalized its procurement oversight procedures 
and lacked comprehensive internal controls for its growing number of 
contractors and financial agents. Further OFS did not have a 
comprehensive compliance system to monitor and fully address vendor-
related conflicts of interest. Recognizing Treasury's substantial 
reliance on the private sector and the challenging contracting 
environment, we made a series of recommendations between December 2008 
and June 2009 intended to strengthen Treasury's management and 
oversight of its vendors and improve the transparency of contracted 
operations. By 2009, when the financial crisis focus shifted to 
stimulating economic recovery and TARP program priorities had already 
significantly evolved, we noted OFS's sustained progress in overcoming 
the initially challenging contracting environment. One year after 
implementation, OFS had put in place an appropriate infrastructure to 
manage and monitor its network of financial agents and contractors. As 
we have previously reported, OFS took a number of actions to address 
our recommendations, including: 

* ensuring that sufficient OFS personnel were assigned and properly 
trained to oversee the performance of all contractors and financial 
agents; 

* expeditiously issuing regulations on conflicts of interest involving 
Treasury's financial agents, contractors, and their employees and 
related entities;[Footnote 76] and: 

* issuing guidance requiring that key communications and decisions 
concerning potential or actual vendor-related conflicts of interest be 
documented. 

Our discussions with OFS officials and a review of supporting 
documentation revealed that since September 2009 OFS has continued to 
strengthen key aspects of its infrastructure for managing and 
overseeing the cost and performance of TARP financial agents and the 
compliance system for conflicts-of-interest requirements. Particularly 
noteworthy are OFS's actions since fall 2009 to define organizational 
roles and responsibilities and establish written policies and 
procedures for the management and oversight of TARP financial agents, 
which have doubled in number since September 2009. Specifically, 
according to the Director of the Office of Financial Agents (OFA), the 
office was reorganized in fall 2009 where common oversight processes 
are centralized for consistency across financial agents. According to 
a Treasury official, installing full-time leadership and providing 
adequate staffing and organization within OFS for more active 
oversight of the financial agents has enabled this office to more 
effectively manage the billion-dollar TARP programs and Treasury 
operations that the financial agents support. The ongoing enhancement 
of management and oversight for financial agents is expected to help 
support Treasury's goals of helping ensure the overall stability and 
liquidity of financial systems and protecting taxpayer interests. 
Highlights of OFS's actions to strengthen the management and oversight 
of financial agents are presented in table 10. 

Table 10: Treasury's Actions since September 2009 to Enhance 
Management and Oversight of TARP Financial Agents: 

Category: Organization; 
Actions: The Office of the Fiscal Assistant Secretary reorganized the 
Office of Financial Agents into four teams—Investment Program Agent 
Services, Financial Agent Operations, Home Ownership Program Services, 
and Financial Agent Information Technology. This structure supports 
the office’s mission to support OFS TARP programs and exercise 
oversight to ensure that the financial agents (1) perform the scope of 
work defined by OFS; (2) adhere to guidance and direction provided by 
OFS; (3) deliver quality services that meet OFS’s expectations; (4) 
submit payment claims that are accurate, justified, and reasonable; 
and (5) ensure financial agents’ information technology systems meet 
OFS’s information needs and comply with Treasury requirements. 

Category: Staffing; 
Actions: Treasury’s Office of the Fiscal Assistant Secretary installed 
a permanent full-time OFA director in September 2009 and hired six 
full-time staff between November 2009 and June 2010 for its four teams 
in order to apply dedicated resources to each financial agent. Each 
financial agent now has a dedicated OFA staff contact for questions on 
the administration and budgeting of financial agency agreements. 

Category: Guidance; 
Actions: OFS issued written policy and procedures that identified the 
roles and responsibilities of various Treasury and OFS offices in 
regard to financial agents, including (1) selection and designation, 
(2) oversight, (3) guidance and direction, (4) performance 
measurement, (5) subcontractor (i.e. vendor) approvals, and (6) 
payment and compensation. 

Category: Oversight; 
Actions: OFS established the Council of Asset Managers for quarterly 
scheduled conferences for CPP asset managers and Chief Investment 
Officer staff to meet with the CPP asset managers to set broad 
direction and share common practices and solutions together. OFS also 
established the Budget and Compensation Review Committee established 
for the HAMP financial agents. The committee, chaired by the Director, 
OFA, serves as a weekly OFS forum where staff from OFA, Office of the 
Chief Financial Officer, Homeownership Preservation Office, and 
Internal Review Office coordinate direction of Fannie Mae and Freddie 
Mac on issues concerning their agreements and Treasury’s funding of HAMP
’s administration and compliance costs. OFS has installed qualitative 
and quantitative financial agent performance measures for Bank of New 
York Mellon and the CPP asset managers each developed and managed by 
OFS staff on behalf of OFS. Agents that exceed performance measures in 
quarterly reviews can earn a maximum 5 percent incentive payment. The 
idea is to measure the financial agent’s delivery of products on-
schedule objectively and their performance and responsiveness 
subjectively. OFS also installed similar performance measurement and 
incentive compensation structures, each developed and managed by OFA 
staff on behalf of OFS, for Lazard Frères and Freddie Mac.[A] 

Source: GAO analysis of OFS information. 

[A] According to Treasury officials, after September 2010, OFA issued 
performance measures for other financial agents--EARNEST Partners, 
Morgan Stanley, Greenhill and Co., LLC., and Fannie Mae. In addition, 
Treasury officials commented in January 2011, that only Bank of New 
York Mellon and the CPP asset managers will have the ability to 
receive incentive payments for exceeding performance measures. 
Incentive payments for exceeding performance measures are not 
applicable to Freddie Mac, Fannie Mae, Lazard Frères, EARNEST 
Partners, Morgan Stanley, and Greenhill. 

[End of table] 

Finally, since 2009 and consistent with our prior recommendations, OFS 
has continued to implement its comprehensive system of oversight for 
conflicts of interest that may arise with financial agents or 
contractors seeking or performing work under TARP. For example, 
between October 2009 and January 2010, the compliance team within 
OFS's Office of Internal Review completed complex renegotiations of 
the remaining three contracts that predated the TARP conflicts-of-
interest regulations.[Footnote 77] In addition, the steps OFS took in 
2009 to develop and implement conflicts-of-interest procedures, 
guidance documents, and an internal reporting database enable staff to 
document and track all vendor conflict-of-interest certifications, 
inquiries, and requests for waivers. These actions also have helped 
OFS automate the workflow process and monitor vendor compliance in 
submitting periodic conflict-of-interest certifications on time. Also, 
according to OFS officials, these management and oversight 
enhancements since 2009 enabled them to manage the conflict-of-
interest inquiries they receive--which totaled more than 700 by 
December 2010--in a timely manner. 

According to OFS, when conflict-of-interest inquiries arise with TARP 
contractors or financial agents, they are brought to the attention of 
the Office of Internal Review's compliance team. The team determines 
whether an actual or potential conflict-of-interest exists, and if so, 
whether it can be addressed with a conflict-of-interest mitigation 
plan. All conflict-of-interest inquiries are handled in as timely a 
manner as possible and are usually resolved within a few days, 
according to OFS. OFS provided examples of personal and organizational 
conflict-of-interest issues that have arisen among external financial 
agents: 

* A financial agent requested approval of a personal conflicts-of- 
interest mitigation plan for an employee it was seeking to move from a 
business area that did not provide TARP-related services to one that 
did. However, the employee owned financial holdings in various TARP 
recipients. OFS concluded that considering the employee's financial 
holdings and the contemplated scope of the employee's work, the 
proposed mitigation plan was not adequate to address the potential 
conflicts of interest. OFS did not approve the mitigation plan, and 
the employee did not move to the group providing support to Treasury. 

* A financial agent requested approval of a revised conflicts-of-
interest mitigation plan for one of its subcontractors to broaden the 
scope of the work the subcontractor performed under TARP. The revised 
mitigation plan included a provision stating that the subcontractor 
would not maintain any kind of relationship with any current, former, 
or future entity that helped manage or administer the added programs 
without the prior written consent of OFS. OFS determined that the 
revisions to the mitigation plan adequately mitigated the potential 
conflicts and thus approved the plan. 

These examples illustrate the ongoing nature of conflicts-of-interest 
scenarios. OFS officials told us that with the conflicts-of-interest 
compliance infrastructure they have in place--including dedicated 
resources, consistent policies and procedures, and an internal 
reporting database for tracking the disposition of each action item-- 
OFS was positioned and committed to remaining vigilant in overseeing 
contractors' and financial agents' compliance with conflict-of- 
interest requirements. 

OFS Maintained Effective Internal Control over Its Financial Reporting 
as of September 30, 2010, and Has Taken Steps to Develop a System of 
Internal Control for TARP Programs: 

In our December 2008 report, shortly after TARP was created, we 
highlighted the importance of internal control and recommended that 
Treasury continue to develop a comprehensive system of internal 
control over TARP, including policies and procedures for program 
activities that were robust enough to ensure that the objectives and 
requirements of TARP programs were being met.[Footnote 78] Over the 
last 2 years, Treasury has taken steps to address our recommendation 
for both financial reporting and program activities. As part of its 
control environment, OFS established an organizational structure that 
provides management's framework for planning, directing, and 
controlling operations to achieve its goals. OFS implemented a risk 
assessment process that it uses as a basis to identify, analyze and 
manage its risks. OFS has also implemented a monitoring function to 
verify whether internal controls are designed and operating 
effectively. As discussed below, we issued an opinion on OFS's 
internal control over financial reporting as of September 30, 2010, 
and we have reviewed specific control activities over compliance with 
certain program requirements. 

Internal Control over Financial Reporting: 

Our 2010 financial audit report[Footnote 79] 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, that 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. Our opinion on internal control is based on criteria 
established under 31 U.S.C. § 3512 (c), (d), commonly known as the 
Federal Managers' Financial Integrity Act. 

During fiscal year 2010, OFS addressed one significant deficiency and 
made progress in addressing the other significant deficiency that we 
reported for fiscal year 2009.[Footnote 80] Specifically, OFS 
sufficiently addressed the issues that resulted in a significant 
deficiency in fiscal year 2009 regarding OFS's verification procedures 
over the data used for asset valuations such that we no longer 
consider this to be a significant deficiency as of September 30, 2010. 
In addition, OFS addressed many of the issues related to the other 
significant deficiency we reported for fiscal year 2009 concerning its 
accounting and financial reporting processes. However, the remaining 
control issues along with other control deficiencies in this area that 
we identified in fiscal year 2010 collectively represent a continuing 
significant deficiency in OFS's internal control over its accounting 
and financial reporting processes. Specifically, we found the 
following: 

* While improvements were noted in OFS's review and approval process 
for preparing its financial statements, notes, and Management's 
Discussion and Analysis for TARP from what we had found for fiscal 
year 2009, we continued to identify incorrect amounts and inconsistent 
disclosures in OFS's draft financial statements, notes, and 
Management's Discussion and Analysis that were significant, but not 
material, and that were not detected by OFS. 

* For fiscal year 2009, we reported that OFS had not finalized its 
procedures related to its process for accounting for certain program 
transactions, preparing its September 30, 2009, financial statements, 
and its oversight and monitoring of financial-related services 
provided to OFS by asset managers and certain financial agents. During 
fiscal year 2010, we found that most of these procedures were 
finalized. However, we identified instances where OFS's procedures 
were not always followed or effectively implemented. 

* OFS's documentation was incomplete for certain areas of its asset 
valuation process. Specifically, some valuation methodology changes 
and the basis for certain assumptions derived from informed opinion 
that were used in valuing TARP's assets were not included in its 
written documentation.[Footnote 81] After we notified OFS that the 
documentation was incomplete, it was able to provide adequate 
additional information about its asset valuation process. 

* OFS did not have adequate procedures to determine whether the tool 
and related guidance it used properly calculated valuations for 
certain TARP assets with projected future disbursements.[Footnote 82] 
OFS's use of the tool and related guidance resulted in errors in the 
valuation of such assets. 

OFS had other controls over TARP transactions and activities that 
reduced the risk of misstatements resulting from these deficiencies. 
For significant errors and issues that were identified, OFS revised 
the financial statements, notes, and Management's Discussion and 
Analysis, as appropriate. Properly designed and implemented controls 
over the accounting and financial reporting processes are key to 
providing reasonable assurance regarding the reliability of the 
balances and disclosures reported in the financial statements and 
related notes in conformity with generally accepted accounting 
principles. Misstatements may occur in other financial information 
reported by OFS and not be prevented or detected because of this 
significant deficiency. 

We reported on the two significant deficiencies identified last year 
and provided OFS recommendations to address these and other less 
significant issues.[Footnote 83] The significant deficiency identified 
for fiscal year 2010, although not considered to be a material 
weakness, is important enough to merit management's attention. We will 
be reporting additional details concerning this significant deficiency 
separately to OFS management, along with some recommendations for 
corrective actions. During our fiscal year 2010 audit, we also 
identified other deficiencies in OFS's system of internal control that 
we consider not to be material weaknesses or significant deficiencies. 
We have communicated these matters to management and, where 
appropriate, will report on them separately. We will follow up in our 
fiscal year 2011 audit on OFS's progress in implementing our 
recommendations. 

Internal Control for Program Activities: 

Treasury has taken steps to develop an internal control system to 
ensure compliance with program requirements, including limitations on 
executive compensation, stock repurchases, and dividends. For example, 
as noted earlier in this report, Treasury's interim final rule 
requires that the principal executive officer and principal financial 
officer at firms that received TARP funds certify to actions to be 
taken by the compensation committee, board of directors, and the 
company itself with regard to executive compensation. All 
certifications and disclosures are monitored by compliance staff 
within the Office of Internal Review. Also, Treasury relies on 
financial agents--including the custodian and individual asset 
managers--to perform additional oversight responsibilities. For 
example, Treasury, in conjunction with its outside asset managers and 
custodian (Bank of New York Mellon) monitor corporate actions, such as 
restrictions on stock repurchases and dividends. Further, Treasury has 
retained nine asset management firms to provide oversight of CPP 
participants. Treasury finalized its oversight policies for financial 
agents in April 2010 and developed qualitative and quantitative 
performance metrics based on the managers' core functions and 
responsibilities in July 2010. 

OFS's Office of Internal Review has a key role in helping to ensure 
compliance with program requirements. As noted earlier, this office is 
responsible for identifying risks to TARP, working with program 
offices to develop procedures for compliance with EESA, monitoring 
recipients' compliance with program requirements, monitoring financial 
agents' and contractors' compliance with the conflict of interest 
interim rule, and reviewing controls to help ensure that they are in 
compliance with program requirements. In particular, instances of 
noncompliance with program requirements are evaluated to determine if 
further action is required. 

Though Treasury has generally developed an overall system of internal 
control for compliance with program requirements, we have continued to 
monitor internal controls and identify 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. For example, though 
Treasury, in conjunction with Fannie Mae as the HAMP program 
administrator, has developed risk control matrixes that identify 
various risks associated with the first-lien modification process, 
such as potential inaccuracies in the accruals of incentive payments, 
additional areas of internal control may be needed. For example, 
Treasury has yet to develop benchmarks, or goals, for specific HAMP 
performance measures such as conversion and redefault rates. In the 
absence of benchmarks to indicate acceptable levels of performance, 
assessing the results of these measures will be difficult. We will 
continue to monitor Treasury's actions to address these deficiencies. 

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. The panic that stressed 
financial markets in October 2008 has largely disappeared along with 
the prospect that systemically significant financial institutions 
would fail and precipitate widespread financial instability. Although 
the long-term implications of the interventions remain unknown and no 
one can know what would have happened without the actions that were 
taken, some quantitative evidence indicates that the economy would be 
worse off today had the government not acted.[Footnote 84] Critics, 
however, question the rationale for particular programs, point to 
policy missteps early on in the crisis that may have exacerbated the 
situation, or believe that the long-term effects of the massive 
interventions will eventually outweigh the short-term benefits. 
[Footnote 85] 

Nevertheless, 2 years after the passage of EESA, some credit markets 
are beginning to show signs of a sustained recovery, even as other 
areas of the economy remain fragile (see table 11). While the 
effectiveness of the programs has 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. We have noted in prior reports that many of the 
anticipated effects of TARP on credit markets and the economy have 
materialized including: 

* declines in perceptions of risks in various financial markets, 
including asset spreads in ABS markets; 

* declines in the cost of credit in interbank, mortgage and corporate 
debt markets; 

* renewed ability by banks to access private capital markets and issue 
new equity; 

* increasing issuance in ABS markets; and: 

* recovery in prices from some legacy or "troubled" assets. 

For example, the cost of credit and perceptions of risk (as measured 
by premiums over Treasury securities) fell significantly in interbank, 
mortgage, and corporate debt markets, while the volume of credit, as 
measured by new mortgage loans, increased from October 2008 to October 
2009. Although the recovery in securitization markets was more 
tentative than that in the broader financial market, spreads for most 
TALF-eligible assets tightened significantly from their heights at the 
beginning of 2009, and new asset-back security issuances began to 
occur in larger volumes.[Footnote 86] Treasury has said that banks' 
renewed ability to access capital markets and improvements in 
securitization markets helped motivate the decision to close bank 
capital programs and TALF even before the Dodd-Frank Act ended its 
authority to incur new obligations under TARP.[Footnote 87] Since 
October 2009, perceptions of risk in these markets were up slightly in 
some cases although these trends appear to be more related to concerns 
about sovereign debt in the European Union and other market dynamics. 

Table 11: Select Credit Market Indicators, as of November 1, 2010[A]: 

Credit market rates and spreads: 

Indicator: LIBOR; 
Description: Three-month London interbank offered rate (an average of 
interest rates offered on dollar-denominated loans); 
Basis point change from October 13, 2008 to October 12, 2009: Down 447; 
Basis point change since October 12, 2009: Unchanged. 

Indicator: TED Spread; 
Description: Spread between 3-month LIBOR and 3-month Treasury yield; 
Basis point change from October 13, 2008 to October 12, 2009: Down 429; 
Basis point change since October 12, 2009: Down 6. 

Indicator: Aaa bond rate; 
Description: Rate on highest quality corporate bonds; 
Basis point change from October 13, 2008 to October 12, 2009: Down 124; 
Basis point change since October 12, 2009: Down 43. 

Indicator: Aaa bond spread; 
Description: Spread between Aaa bond rate and 10-year Treasury yield; 
Basis point change from October 13, 2008 to October 12, 2009: Down 75; 
Basis point change since October 12, 2009: Up 31. 

Indicator: Baa bond rate; 
Description: Rate on corporate bonds subject to moderate credit risk; 
Basis point change from October 13, 2008 to October 12, 2009: Down 239; 
Basis point change since October 12, 2009: Down 57. 

Indicator: Baa bond spread; 
Description: Spread between Baa bond rate and 10-year Treasury yield; 
Basis point change from October 13, 2008 to October 12, 2009: Down 190; 
Basis point change since October 12, 2009: Up 17. 

Indicator: Mortgage rate; 
Description: 30-year conforming loan rate; 
Basis point change from October 13, 2008 to October 12, 2009: Down 154; 
Basis point change since October 12, 2009: Down 69. 

Indicator: Mortgage spread; 
Description: Spread between 30-year conforming loan rate and 10-year 
Treasury yield; 
Basis point change from October 13, 2008 to October 12, 2009: Down 95; 
Basis point change since October 12, 2009: Up 7. 

Indicator: ABS spreads; 
Description: Spread between the yields on AAA-rated securities backed 
by auto, credit card, student and commercial real estate loans and 
Treasury, LIBOR, or interest rate swap, yields of a similar maturity. 

Indicator: Auto; 
Description: Spread for AAA-rated securities backed by Auto Loans; 
Basis point change from October 13, 2008 to October 12, 2009: Down 220; 
Basis point change since October 12, 2009: Down 20. 

Indicator: Credit cards; 
Description: Spread for AAA-rated securities backed by credit cards; 
Basis point change from October 13, 2008 to October 12, 2009: Down 225; 
Basis point change since October 12, 2009: Down 28. 

Indicator: Student loans; 
Description: Spread for AAA-rated securities backed by student loans; 
Basis point change from October 13, 2008 to October 12, 2009: Down 50; 
Basis point change since October 12, 2009: Down 213. 

Indicator: CMBS; 
Description: Spread for AAA-rated securities backed by commercial 
mortgages; 
Basis point change from October 13, 2008 to October 12, 2009: Down 119; 
Basis point change since October 12, 2009: Down 253. 

Indices: 

Indicator: ABX-AAA; 
Description: Index referencing a basket of 20 subprime mortgage-backed 
securities that were issued in 2006 and originally rated AAA; 
Percent change from October 13, 2008 to October 12, 2009: Down 13.6%; 
Percent change since October 12, 2009: Up 12.3%. 

Indicator: ABX-BBB; 
Description: Index referencing a basket of 20 subprime mortgage-backed 
securities that were issued in 2006 and originally rated BBB; 
Percent change from October 13, 2008 to October 12, 2009: Down 54.6%; 
Percent change since October 12, 2009: Up 58.9%. 

Quarterly mortgage and ABS volumes, and mortgage defaults: 

Indicator: Mortgage originations; 
Description: New mortgage loans; 
Change from fourth quarter 2008 to fourth quarter 2009: Up $130 
billion to $390 billion; 
Change from fourth quarter 2009 to third quarter 2010[B]: Up $20 
billion to $410 billion. 

Indicator: Asset-backed security issuance; 
Description: New securities backed by auto loans, credit cards, 
student loans, and commercial mortgages; 
Change from fourth quarter 2008 to fourth quarter 2009: Up $18 billion 
to $20 billion; 
Change from fourth quarter 2009 to third quarter 2010[B]: Up $3 
billion to $23 billion. 

Indicator: Foreclosure rate; 
Description: Percentage of homes in foreclosure; 
Change from fourth quarter 2008 to fourth quarter 2009: Up 128 basis 
points to 4.58; 
Change from fourth quarter 2009 to third quarter 2010[B]: Down 19 
basis points to 4.39. 

Source: GAO analysis of data from the Federal Reserve, Thomson 
Reuters, a broker-dealer, and Inside Mortgage Finance. 

[A] Rates and yields are daily except mortgage rates, which are 
weekly. Interest rate swaps are contracts in which one party agrees to 
pay a fixed interest rate to another party in exchange for a floating 
rate. Higher spreads (measured as premiums over Treasury securities, 
LIBOR, or swaps of comparable maturity) represent higher perceived 
risk in lending to certain borrowers. Higher rates represent increases 
in the cost of borrowing for relevant borrowers. As a result, "down" 
suggests improvement in market conditions for credit market rates and 
spreads. Foreclosure, asset-backed security issuance and mortgage 
origination data are quarterly. See previous TARP reports for a more 
detailed discussion (GAO-09-161 and GAO-09-296). 

[B] Asset backed security issuance data are through the second quarter 
of 2010 due to data availability. 

[End of table] 

While the movements in most of these indicators since October 2009 are 
likely more reflective of market developments outside of TARP, some 
metrics we have monitored for programs with later start dates like 
PPIP, HAMP, and to a lesser extent TALF, remain relevant. PPIP 
indicators show substantial improvements during the second year of the 
TARP program. For example during the second year of the TARP program 
the price of AAA and BBB tranches of certain RMBS rose significantly. 
As we noted in our June 2010 report, Treasury stated that the 
stabilization of certain legacy asset prices, namely those in RMBS and 
CMBS markets, was one indicator that the PPIP had achieved its stated 
purpose and influenced the decision not to commit additional funds to 
the program. Similarly, TALF-eligible ABS spreads have continued to 
narrow since October 2009 (see table 11).[Footnote 88] 

Over the last 2 years indicators for the Making Home Affordable (MHA) 
program continued to highlight challenges in the area of residential 
housing. The nationwide foreclosure rate reached an unprecedented high 
of 4.63 percent in March 2010.[Footnote 89] Estimates of the total 
mortgages outstanding suggest that this percentage amounts to roughly 
2.5 million loans that were in some stage of the foreclosure process. 
[Footnote 90] While the foreclosure inventory increased by 128 basis 
points to 4.58 percent from December 2008 to December 2009, it has 
decreased by 19 basis points between December 2009 and October 2010, 
suggesting a leveling off of the foreclosure inventory and some signs 
of stabilization.[Footnote 91] However, the reasons for the change in 
the foreclosure inventory are unclear. For example, the slowdown could 
be driven by any combination of (1) the foreclosure mitigation 
programs, including those under MHA; (2) banks forbearing or delaying 
foreclosures; and (3) other forces related to the economic 
fundamentals of the housing market. Analysis of delinquency and 
foreclosure data suggests that mortgages are not rolling from 
delinquency to foreclosure as expected and that lenders are not 
initiating foreclosures on many loans that would normally be subject 
to such actions. A recent International Monetary Fund report estimated 
that this "shadow inventory" could be as much as 1.7 million homes. 
[Footnote 92] 

In our October 2009 report, we recommended that any decision to extend 
TARP be made in coordination with relevant agencies and that Treasury 
use quantitative analysis whenever possible to support its rationale. 
[Footnote 93] Treasury subsequently dedicated additional funds to 
preserving homeownership and improving financial conditions for small 
banks and businesses while winding down and terminating other 
programs. We reviewed the analytical process underpinning the decision 
to extend TARP and in June 2010 reported on Treasury's process. We 
found that Treasury had coordinated and consulted with other agencies 
and considered a number of qualitative and quantitative factors, as we 
recommended.[Footnote 94] Although we found Treasury's framework for 
deciding to extend TARP sufficient, we recommended that the Secretary 
(1) formalize coordination with FDIC for future TARP decisions and (2) 
improve the transparency and analytical basis for TARP program 
decisions. Because TARP will be winding down concurrently with other 
important interventions by federal regulators, decisions about the 
sequencing of the exits from these programs will require bringing a 
larger body of regulators to the table to plan and sequence the 
continued withdrawal of federal support. 

Although the economy is still fragile and potential threats remain, 
U.S. financial regulators have begun to shift their focus from 
stabilizing the economy to exiting from crisis-driven interventions 
and transferring risk back into the hands of the private sector. As a 
result, even as some programs have ramped up to address specific 
issues, many others have either expired or are already winding down. 
As discussed earlier, TARP recipients have begun to repay loans and 
repurchase shares and warrants; however, signs that the recovery is 
not robust raise some concerns about the government withdrawing 
support rapidly and completely. For example, in addition to weak 
housing markets, consumer spending, private investment and employment 
growth have remained weak and real gross domestic product growth is 
estimated to be about one-half of its full potential.[Footnote 95] 
Moreover, sovereign debt issues in Europe may have led to an increase 
in risk aversion that translated into strains in short-term U.S. 
dollar funding markets. 

As table 11 shows, interest rates have generally continued to decline 
since October 2009. Despite the unwinding of TARP, its early 
termination, the general exit from other government interventions, and 
the turmoil in Europe, credit spreads, while rising slightly for the 
mortgage and bond markets, are down in the interbank market and all 
remain well below their October 2008 peaks. In particular, the average 
value for the TED spread for 2010 through November 1, 2010, is 32 
basis points below its 2009 average and 131 basis points below its 
value in 2008 (see figure 8). Similarly the banking sector credit 
default swap index, which provides an indicator of the credit risk 
associated with U.S. banks (as judged by the market), is well below 
its value in 2008 and 2009, despite increasing in response to 
sovereign debt issues in May 2010.[Footnote 96] Collectively, our 
indicators suggest that recovery in credit markets has thus far 
withstood the unwinding of government interventions.[Footnote 97] 

Figure 8: TED Spread and Banking Sector Credit Default Swap Index, 
January 1, 2008 through November 1, 2010: 

[Refer to PDF for image: multiple line graph] 

August, 2008: 
CDS index: 269.2; 
TED Spread: 1.13. 

September 2008: 
CDS index: 366.96; 
TED Spread: 1.09. 

Lehman bankruptcy; Merrill Lynch purchase announced; AIG debt 
downgraded: 
CDS index: 343.18; 
TED Spread: 2.04. 

October 2008: 
CDS index: 247.58; 
TED Spread: 3.3. 

November 2008: 
CDS index: 147.58; 
TED Spread: 2.23. 

December 2008; 
CDS index: 204.13; 
TED Spread: 2.15. 

January 2009: 
CDS index: 142.05; 
TED Spread: 1.33. 

February 2009: 
CDS index: 185.02; 
TED Spread: 1.28. 

Treasury announces a Financial Stability Plan involving the creation 
of PPIP, expansion of TALF, and new initiatives to stem residential 
mortgage foreclosures and to support small business lending: 
CDS index: 160.87; 
TED Spread: 0.96. 

March, 2009: 
CDS index: 283.42; 
TED Spread: 0.96. 

April 2009: 
CDS index: 363.08; 
TED Spread: 1.02. 

May 2009: 
CDS index: 291.61; 
TED Spread: 0.95. 

June 2009: 
CDS index: 157.53; 
TED Spread: 0.82. 

July 2009: 
CDS index: 195.68; 
TED Spread: 0.50. 

August 2099: 
CDS index: 131.29; 
TED Spread: 0.36. 

September 2009: 
CDS index: 139.95; 
TED Spread: 0.29. 

October 2009: 
CDS index: 116.57; 
TED Spread: 0.17. 

November 2009: 
CDS index: 114.46; 
TED Spread: 0.20. 

December 2009: 
CDS index: 116.03; 
TED Spread: 0.22. 

Treasury announces that several TARP programs would be terminated but 
additional funds would be made available for housing and small 
business programs and remaining funds would be retained to respond to 
threats to financial stability: 
CDS index: 99.04; 
TED Spread: 0.20. 

January 2010: 
CDS index: 93.92; 
TED Spread: 0.20. 

February 2010: 
CDS index: 116.76; 
TED Spread: 0.17. 

March 2010: 
CDS index: 122.16; 
TED Spread: 0.15. 

April 2010: 
CDS index: 98.10; 
TED Spread: 0.11. 

Euro zone sovereign debt issues intensify: 
CDS index: 114.22; 
TED Spread: 0.13. 

May 2010: 
CDS index: 107.53; 
TED Spread: 0.12. 

June 2010: 
CDS index: 135.20; 
TED Spread: 0.21. 

Media reports surface on the early termination of TARP as part of the 
Dodd-Frank Act: 
CDS index: 134.67; 
TED Spread: 0.40. 

July 2010: 
CDS index: 137.06. 
TED Spread: 0.40. 

August 2010: 
CDS index: 103.91; 
TED Spread: 0.36. 

September 2010: 
CDS index: 136.40; 
TED Spread: 0.27. 

October 2010: 
CDS index: 118.66; 
TED Spread: 0.15. 

November 2010: 
CDS index: 130.26; 
TED Spread: 0.17. 

Source: GAO analysis of Thomson Reuters data. 

[End of figure] 

We tested whether the announcement of a deal to pass financial 
regulatory reform (the Dodd-Frank Act) and end Treasury's authority to 
incur new obligations under TARP several months early had an impact on 
perceptions of risk in the interbank lending market as measured by 
changes in the TED spread. [Footnote 98] The TED spread has declined 
modestly since June 29, 2010, media reports of the early end of TARP. 
In theory, the early end of TARP could, in isolation, increase 
perceptions of risk in lending to banks, as Treasury would no longer 
be able to use TARP funds to respond to new threats to financial 
stability--an authority that has allowed it to respond to urgent 
problems in the banking sector several times over the life of TARP. 
[Footnote 99] Alternatively, the early end of TARP could have no 
effect if financial institutions were perceived to have built up 
adequate capital and liquidity to weather a new shock to the financial 
system. In several versions of our model, we consistently found that 
the announcement of the early end of TARP had no statistically or 
economically significant impact on the interbank market. Given the 
substantial impact of the initiation of TARP and other crisis 
programs, this result may indicate some durability of the improvements 
in the interbank market. However, the extent to which this result 
reflected purely the market response to the end of TARP is unclear, as 
the response may have been muted by the passage of regulatory reform, 
or other factors. For example, the early end of TARP could have 
increased credit risk in the interbank market, while the passage of 
financial regulatory reform could have simultaneously reduced credit 
risk, yielding the no net impact we found in the interbank market. 
Furthermore, this test assesses market participants' initial 
expectations and not the ultimate impact of the early end of TARP and 
passage of regulatory reform. Over time, analysis of the exits from 
remaining TARP programs will provide a more complete assessment of the 
resilience of the financial system. 

Conclusions: 

TARP programs implemented over the last 2 years covered a broad range 
of activities: they were designed to inject capital into financial 
institutions, address issues in the securitization markets, provide 
assistance to the automobile industry and AIG, and offer incentives 
for modifying residential mortgages, among other things. Many credit 
markets have shown signs of a sustained recovery even as other areas 
of the economy, particularly housing markets and jobs starts, remain 
fragile. While the degree of effectiveness has varied across programs, 
some programs reportedly have had the desired effects, especially 
where stabilizing the financial system and restoring market confidence 
are considered to be the principal goals of the government's 
interventions. 

Going forward, Treasury continues to face unique oversight and 
monitoring challenges, as TARP programs are currently at every phase 
of development and significant investments remain that must be 
managed. Treasury is attempting to address ongoing challenges in 
certain areas, including home foreclosures and small business lending. 
Thus far, the existing TARP programs in these areas have been far less 
successful than other TARP initiatives. While we and others have 
argued that some of these programs have been ill-designed, the 
complexity of the issues involved have contributed to ongoing 
difficulties in designing programs that achieve desired goals. 

Although HAMP was first announced in February 2009 as Treasury's 
primary effort to preserve homeownership and protect home values, the 
program has had a slow start and has not performed as anticipated. 
Despite program changes that were intended to increase the number of 
mortgage loan modifications made under HAMP, more borrowers have had 
their trial modifications canceled than have received permanent 
modifications. Further, while Treasury has added TARP-funded program 
enhancements in an effort to reach more borrowers and address 
persistently high default and foreclosure levels, the newly announced 
programs are in the early stages of implementation and the number of 
additional borrowers they will ultimately help remains unclear. 
Treasury has not yet fully implemented all of our prior 
recommendations to increase the transparency, accountability, and 
consistency of the program: 

Treasury also has two remaining TARP programs aimed at increasing 
lending to small businesses--CDCI and the SBA 7(a) Securities Purchase 
Program. But given the relatively small amount of funding allocated 
for these programs and the fact that SBA and CDFIs account for a small 
proportion of total small business lending, the question of whether 
these programs will have a significant impact is debatable. Moreover, 
the success of the SBA 7(a) Securities Purchase Program and other 
potential small business programs appeared to have been hampered by 
lenders' reluctance to participate due to concerns about the stigma of 
participating in a TARP program and objections to TARP requirements 
such as executive compensation restrictions. Given these types of 
concerns, whether TARP could have created an effective small business 
program is unclear. CDCI was also plagued with initial confusion about 
whether the program's primary goal was to increase small business 
lending. Treasury officials and early public statements placed 
different emphasis on the two goals of CDCI: (1) to assist in small 
business lending and (2) to capitalize certain small financial 
institutions, some of which do not lend much to small businesses. 
However, in more recent communications about CDCI, Treasury clarified 
the importance of both goals of the program. Now that SBLF has been 
signed into law, using the experience learned from TARP small business 
programs to clearly articulate how SBLF complements and differs from 
ongoing TARP small business programs will be important. 

While additional programs--AIG and PPIP--remain active, others have 
closed but have substantial outstanding balances that will require 
Treasury's ongoing attention and oversight. For programs with 
outstanding balances, the prospect for repayment from some 
institutions, both large and small, and the ultimate cost of TARP 
remain unknown. For example: 

* Reflecting continued improvements in its financial condition, AIG 
has announced plans to restructure its assistance from the federal 
government. While a number of transactions associated with the 
restructuring will occur throughout the first quarter of 2011, to the 
extent the plan is successful, it will eliminate the Federal Reserve's 
exposure to AIG. However, for Treasury, the ultimate return that OFS 
will realize from its investments in AIG will be determined by the 
long-term health of AIG and subject to uncertainty arising from the 
likelihood of future changes in general economic, regulatory, and 
market conditions. 

* CPP, one of TARP's oldest and most widely used programs, had 
recouped more than $152 billion in payments and almost $20 billion in 
additional proceeds but continued to have $49.8 billion outstanding as 
of September 30, 2010, and faces growing questions about the ability 
of some participants, especially small participants, to repurchase 
their preferred shares. A growing number of institutions that have 
also missed at least one dividend payment could mean that Treasury 
will be appointing members to some institutions' boards of directors. 
While institutions continue to repurchase their preferred shares, the 
program will require ongoing oversight and monitoring until all these 
assets are divested. 

The remaining programs will require ongoing oversight, and Treasury 
will have to manage the remaining investments. For example, AIFP, 
which closed, continues to pose a number of challenges, and the health 
and ultimate ability of the participants--GM, Chrysler, and Ally 
Financial--to repay Treasury depends on a number of external factors, 
including substantial uncertainty arising from the likelihood of 
future changes in general economic and market conditions. Conversely, 
while no TARP funds have been disbursed to purchase TALF collateral as 
of September 2010, ongoing challenges in commercial real estate 
markets warrant ongoing attention. Finally, while AGP was terminated 
in December 2009, Treasury kept a portion of the trust preferred 
securities issued under this program in exchange for the guarantee 
provided to Citigroup. 

Although OFS has become a more stable organization over the past year, 
with more than 200 employees, it faces new challenges as the TARP 
authority to make new commitments has expired, some programs wind 
down, and others continue to operate. For example: 

* OFS has begun to take steps that will help to retain staff, but 
staff retention could be a significant challenge for OFS, as term 
appointees making up more than half of its workforce. Most of these 
employees can be extended only up to 4 years, and some may seek more 
permanent employment elsewhere. Moreover, several key leadership 
positions were filled under limited-term Senior Executive Service 
appointments. Positions could become more difficult to fill, given 
that TARP authority has expired and most programs are winding down. 
While OFS has begun to assess options for future staff needs, 
including succession planning for senior positions, its workforce plan 
has not been updated since March 2009 to reflect the changing 
environment. Without a plan that considers various scenarios, 
particularly the potential outflow of term employees, OFS may find 
itself unprepared to adequately manage and oversee the TARP 
investments and programs that remain. 

* OFS has overcome an initially challenging contracting environment. 
It has strengthened its management and oversight of a growing network 
of contractors and financial agents to support TARP administration and 
operations. With an appropriate infrastructure in place, Treasury 
should remain vigilant in monitoring and managing performance issues 
and conflicts of interests that may arise with the use of private 
sector sources. 

* Treasury's development of a system of internal control for financial 
reporting and compliance with program requirements has evolved over 
the last two years and will continue to be an important area for 
oversight. Although certain internal controls could be improved, OFS 
has in all material respects maintained effective internal control 
over financial reporting as of September 30, 2010, that 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 100] Treasury has 
also developed a system of internal control to ensure compliance with 
program requirements, including limitations on executive compensation, 
stock repurchases, and dividends. However, we have continued to 
identify areas where certain controls for specific programs, such as 
HAMP, could be improved. 

Two years after the passage of EESA, indicators generally suggest that 
credit markets have improved and that many of the anticipated effects 
of TARP have materialized. However, the economy remains fragile, 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. During the second year of TARP, Treasury made 
decisions about winding down particular programs and making additional 
funds available to others. In our July 2010 TARP report, we found that 
the framework Treasury used in making these decisions was sufficient 
but offered additional recommendations to enhance and formalize 
coordination with FDIC and improve the transparency and analytical 
basis for remaining TARP program decisions. 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. 

While Treasury has taken a number of steps to help ensure that TARP 
programs are operating effectively and being adequately overseen, it 
has yet to fully implement all of our previous recommendations. These 
recommendations are generally aimed at improving communication, 
working with regulators to ensure consistency of repurchase decisions, 
and numerous aspects of HAMP. Moreover, the Federal Reserve has yet to 
implement 5 recommendations related to SCAP. 

Agency Comments and Our Evaluation: 

We provided a draft of this report to Treasury for its review and 
comment. We also provided the draft report to the FDIC, Federal 
Reserve, OCC, OTS, and the SBA to verify the factual information they 
provided about certain TARP programs and small business trends. 
Treasury provided written comments that we have reprinted in appendix 
IV. Treasury, the Federal Reserve, and FDIC also provided technical 
comments that we have incorporated as appropriate. 

In its comments, Treasury noted that TARP and other government actions 
have contributed to stabilizing the financial system and restoring 
market confidence. While we agree that there have been broad 
improvements in the financial system and the economy, the economy 
remains fragile and there continues to be notable uncertainty in areas 
such as the housing markets and employment. Further, as we note in the 
draft report, Treasury continues to face unique oversight and 
monitoring challenges, as TARP programs are currently at every phase 
of development and significant investments remain that must be 
managed. In addition, each TARP program has demonstrated varying 
degrees of success in meeting its goals. For example, we acknowledged 
the role of TALF in restarting frozen securitization markets, but we 
also pointed out that HAMP has not fulfilled its intended goal of 
addressing the foreclosure crisis and while conditions appear to be 
improving, the ultimate success of OFS's interventions into AIG and 
the auto industry continues to be unknown. We will continue to monitor 
active TARP programs in our future work. 

Treasury also had a differing view on the number of our prior 
recommendations that it had fully or partially implemented. While 
Treasury continues to make progress in addressing our prior 
recommendations, in some cases, we have a different view about whether 
sufficient actions have been taken to fully address our prior 
recommendations. For example, Treasury believes that our 
recommendation that Treasury communicate to Congress its plans to 
monitor the companies' performance should be considered closed, noting 
that it uses monthly financial and operating information from the 
companies to monitor the companies' financial condition and that 
Congress has not requested additional information on the agency's 
efforts to assess and monitor the companies. While we recognize that 
Treasury and the auto companies have made a range of information on 
the companies' financial performance publicly available, Treasury has 
not reported to Congress how it is using this information to ensure 
the companies are on track to further improve their financial 
condition and maximize taxpayer return on Treasury's investment. As we 
stated in our previous report on Treasury's oversight of its financial 
interests in the auto companies, transparency as to how the companies 
are being monitored is important to ensuring accountability and 
providing assurances that the taxpayers' investment is being 
appropriately safeguarded. In other cases, Treasury has yet to provide 
sufficient documentation for us to fully ascertain the status of open 
recommendations. For example, for the TARP-funded housing programs, 
Treasury noted that it has considered methods of monitoring whether 
borrowers with total household debt of more than 55 percent of their 
income have received housing counseling, but Treasury has not provided 
us with documentation to show the methods that were considered and the 
analysis conducted to determine the feasibility of these methods. 
Reconciliation of the status of our recommendations was ongoing at the 
close of our review and going forward, as we have previously discussed 
with OFS officials, we will continue to review and consider any 
additional support and documentation related to the progress of 
actions taken to address our recommendations and will continue to 
update the status of the recommendations as appropriate. 

Finally, Treasury agreed with our recommendation on OFS workforce 
planning, and stated that it will continue to refine this document and 
other staffing initiatives. 

Recommendation for Executive Action: 

As TARP enters its next phase, OFS must continue to build on its past 
experiences and take steps to better ensure that it is effectively 
managing its programs and resources. Therefore, we recommend that OFS 
take the following action: 

* OFS should finalize a plan for addressing how it will manage its 
workforce, in particular term-appointed employees and key SES 
positions, including plans for various staffing scenarios. 

We are sending copies of this report to the Congressional Oversight 
Panel, Financial Stability Oversight Board, Special Inspector General 
for TARP, interested congressional committees and members, Treasury, 
the federal banking regulators, and others. The report also is 
available at no charge on the GAO Web site at [hyperlink, 
http://www.gao.gov]. 

If you or your staffs have any questions about this report, please 
contact Thomas J. McCool at (202) 512-2642 or mccoolt@gao.gov. Contact 
points for our Offices of Congressional Relations and Public Affairs 
may be found on the last page of this report. GAO staff who made major 
contributions to this report are listed in appendix V. 

Signed by: 

Thomas J. McCool: 
Director: 
Center for Economics, Applied Research and Methods: 

List of Addressees: 

The Honorable Max Baucus:
The Honorable Thad Cochran:
The Honorable Kent Conrad:
The Honorable Orrin Hatch:
The Honorable Daniel K. Inouye:
The Honorable Tim Johnson:
The Honorable Jeff Sessions:
The Honorable Richard C. Shelby:
United States Senate: 

The Honorable Hal Rogers:
Chairman:
The Honorable Norm Dicks:
Ranking Member:
Committee on Appropriations:
House of Representatives: 

The Honorable Paul Ryan:
Chairman:
The Honorable Chris Van Hollen:
Ranking Member:
Committee on the Budget:
House of Representatives: 

The Honorable Spencer Bachus:
Chairman:
The Honorable Barney Frank:
Ranking Member:
Committee on Financial Services:
House of Representatives: 

The Honorable Dave Camp:
Chairman:
The Honorable Sander M. Levin:
Ranking Member:
Committee on Ways and Means:
House of Representatives: 

[End of section] 

Appendix I: Status of GAO Recommendations, as of December 30, 2010: 

December 2, 2008: 

GAO Recommendation: Work with the bank regulators to establish a 
systematic means of determining and reporting in a timely manner 
whether financial institutions’ activities are generally consistent 
with the purposes of Capital Purchase Program (CPP) and help ensure an 
appropriate level of accountability and transparency; 
Status: Implemented. 

GAO Recommendation: Develop a means to ensure that institutions 
participating in CPP comply with key program requirements (for 
example, executive compensation, dividend payments, and the repurchase 
of stock); 
Status: Implemented. 

GAO Recommendation: Formalize the existing communication strategy to 
ensure that external stakeholders, including Congress, are informed 
about the program’s current strategy and activities and understand the 
rationale for changes in this strategy to avoid information gaps and 
surprises; 
Status: Partially implemented. 

GAO Recommendation: Facilitate a smooth transition to the new 
administration by building on and formalizing ongoing activities, 
including ensuring that key Office of Financial Stability (OFS) 
leadership positions are filled during and after the transition; 
Status: Implemented. 

GAO Recommendation: Expedite OFS’s hiring efforts to ensure that the 
Department of the Treasury (Treasury) has the personnel needed to 
carry out and oversee the Troubled Asset Relief Program (TARP); 
Status: Implemented. 

GAO Recommendation: 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; 
Status: Implemented. 

GAO Recommendation: Continue to develop a comprehensive system of 
internal control over TARP, including policies, procedures, and 
guidance that are robust enough to protect taxpayers’ interests and 
ensure that the program objectives are being met; 
Status: Implemented. 

GAO Recommendation: Issue final regulations on conflicts of interest 
involving Treasury’s agents, contractors, and their employees and 
related entities as expeditiously as possible and review and 
renegotiate mitigation plans, as necessary, to enhance specificity and 
compliance with the new regulations once they are issued; 
Status: Implemented. 

GAO Recommendation: Institute a system to effectively manage and 
monitor the mitigation of conflicts of interest; 
Status: Implemented. 

January 30, 2009: 

GAO Recommendation: Expand the scope of planned monthly CPP surveys to 
include collecting at least some information from all institutions 
participating in the program; 
Status: Implemented. 

GAO Recommendation: 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; 
Status: Implemented. 

GAO Recommendation: Establish a process to ensure compliance with all 
CPP requirements, including those associated with limitations on 
dividends and stock repurchase restrictions; 
Status: Implemented. 

GAO Recommendation: 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, 
Treasury should document needed skills and competencies; 
Status: Implemented. 

GAO Recommendation: Continue to expeditiously hire personnel needed to 
carry out and oversee TARP; 
Status: Implemented. 

GAO Recommendation: 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; 
Status: Implemented. 

GAO Recommendation: Develop a comprehensive system of internal control 
over TARP activities, including policies, procedures, and guidance 
that are robust enough to ensure that the program’s objectives and 
requirements are met; 
Status: Implemented. 

GAO Recommendation: 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; 
Status: Implemented. 

GAO Recommendation: 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; 
Status: Implemented. 

March 31, 2009: 

GAO Recommendation: Develop a communication strategy that includes 
building an understanding and support for the various components of 
the program. Specific actions could include hiring a communications 
officer, integrating communications into TARP operations, scheduling 
regular and ongoing contact with congressional committees and members, 
holding town hall meetings with the public across the country, 
establishing a counsel of advisors, and leveraging available 
technology; 
Status: Implemented. 

GAO Recommendation: Require that the American International Group, 
Inc. (AIG) seek concessions from stakeholders, such as management, 
employees, and counterparties, including seeking to renegotiate 
existing contracts, as appropriate, as it finalizes the agreement for 
additional assistance; 
Status: Closed, not implemented. 

GAO Recommendation: Update OFS documentation of certain internal 
control procedures and the guidance available to the public on 
determining warrant exercise prices to be consistent with actual 
practices applied by OFS; 
Status: Implemented. 

GAO Recommendation: Improve transparency pertaining to TARP program 
activities by reporting publicly the monies, such as dividends, paid 
to Treasury by TARP participants; 
Status: Implemented. 

GAO Recommendation: Complete the review of, and as necessary 
renegotiate, the four existing vendor conflicts-of-interest mitigation 
plans to enhance specificity and conformity with the new interim 
conflicts-of-interest rule; 
Status: Implemented. 

GAO Recommendation: Issue guidance requiring that key communications 
and decisions concerning potential or actual vendor-related conflicts 
of interest be documented; 
Status: Implemented. 

June 17, 2009: 

GAO Recommendation: Ensure that the warrant valuation process 
maximizes benefits to taxpayers and consider publicly disclosing 
additional details regarding the warrant repurchase process, such as 
the initial price offered by the issuing entity and Treasury’s 
independent valuations, to demonstrate Treasury’s attempts to maximize 
the benefit received for the warrants on behalf of the taxpayer; 
Status: Implemented. 

GAO Recommendation: In consultation with the Chairman of the Federal 
Deposit Insurance Corporation (FDIC), the Chairman of the Board of 
Governors of the Federal Reserve System (Federal Reserve), the 
Comptroller of the Currency, and the Acting Director of the Office of 
Thrift Supervision, ensure consideration of generally consistent 
criteria by the primary federal regulators when considering repurchase 
decisions under TARP; 
Status: Open. 

GAO Recommendation: Fully implement a communication strategy that 
ensures that all key congressional stakeholders are adequately 
informed and kept up to date about TARP; 
Status: Partially implemented. 

GAO Recommendation: Expedite efforts to conduct usability testing to 
measure the quality of users’ experiences with the financial stability 
Web site and measure customer satisfaction with the site, using 
appropriate tools such as online surveys, focus groups, and e-mail 
feedback forms; 
Status: Implemented. 

GAO Recommendation: Explore options for providing to the public more 
detailed information on the costs of TARP contracts and agreements, 
such as a dollar breakdown of obligations and/or expenses; 
Status: Implemented. 

GAO Recommendation: Finally, to help improve the transparency of 
Capital Assistance Program (CAP)—in particular the stress tests 
results—we recommend that the Director of Supervision and Regulation 
of the Federal Reserve consider periodically disclosing to the public 
the aggregate performance of the largest 19 U.S. bank holding 
companies against the more adverse scenario forecast numbers for the 
duration of the 2-year forecast period and whether or not the scenario 
needs to be revised. At a minimum, the Federal Reserve should provide 
the aggregate performance data to OFS program staff for any of the 19 
institutions participating in CAP or CPP; 
Status: Implemented. 

July 23, 2009: 

GAO Recommendation: Consider methods of monitoring whether borrowers 
with total household debt of more than 55 percent of their income who 
have been told that they must obtain housing counseling do so, and 
assessing how this counseling affects the performance of modified 
loans to see if the requirement is having its intended effect of 
limiting redefaults; 
Status: Closed, not implemented. 

GAO Recommendation: Re-evaluate the basis and design of the Home Price 
Decline Protection (HPDP) program to ensure that Home Affordable 
Modification Program (HAMP) funds are being used efficiently to 
maximize the number of borrowers who are helped under HAMP and to 
maximize overall benefits of utilizing taxpayer dollars; 
Status: Implemented. 

GAO Recommendation: Institute a system to routinely review and update 
key assumptions and projections about the housing market and the 
behavior of mortgage-holders, borrowers, and servicers that underlie 
Treasury’s projection of the number of borrowers whose loans are 
likely to be modified under HAMP and revise the projection as 
necessary in order to assess the program’s effectiveness and structure; 
Status: Partially implemented. 

GAO Recommendation: Place a high priority on fully staffing vacant 
positions in the Homeownership Preservation Office—including filling 
the position of Chief Homeownership Preservation Officer with a 
permanent placement—and evaluate the office’s staffing levels and 
competencies to determine whether they are sufficient and appropriate 
to effectively fulfill its HAMP governance responsibilities; 
Status: Partially implemented. 

GAO Recommendation: Expeditiously finalize a comprehensive system of 
internal control over HAMP, including policies, procedures, and 
guidance for program activities, to ensure that the interests of both 
the government and taxpayer are protected and that the program 
objectives and requirements are being met once loan modifications and 
incentive payments begin; 
Status: Partially implemented. 

GAO Recommendation: Expeditiously develop a means of systematically 
assessing servicers’ capacity to meet program requirements during 
program admission so that Treasury can understand and address any 
risks associated with individual servicers’ abilities to fulfill 
program requirements, including those related to data reporting and 
collection; 
Status: Implemented. 

October 8, 2009: 

GAO Recommendation: Consider TARP in a broad market context, and as 
part of determining whether to extend TARP work with the Chairmen of 
the Federal Reserve and FDIC to develop a coordinated framework and 
analytical basis to determine whether an extension is needed. And if 
so, clearly spell out what objectives and measures of any extended 
programs would be, along with anticipated costs and safeguards; 
Status: Implemented. 

GAO Recommendation: Document its analytical decision-making process 
and clearly communicate the results to Congress and the American 
people for determining whether an extension is needed; 
Status: Implemented. 

GAO Recommendation: Update its projected use of funds and if the 
program is extended, continue to reevaluate them on a periodic basis.
Status: Implemented; 

November 2, 2009: 

GAO Recommendation: Ensure that Treasury has the expertise needed to 
adequately monitor and divest the government’s investment in Chrysler 
Group LLC (Chrysler) and General Motors Company (GM), and obtain 
needed expertise in areas where gaps are identified (either through in-
house or external means); 
Status: Implemented. 

GAO Recommendation: Report to Congress on Treasury’s plans to assess 
and monitor the auto companies’ performance and ability to repay their 
loans. When reporting, balance the need for transparency with need to 
protect proprietary information; 
Status: Open. 

GAO Recommendation: Develop criteria for evaluating the optimal method 
and timing for divesting the government’s ownership stake in Chrysler 
and GM, including evaluating the full range of available options, such 
as initial public offerings or private sales; 
Status: Open. 

February 5, 2010: 

GAO Recommendation: To enable GAO to audit TARP support for Term Asset-
Backed Securities Loan Facility (TALF) most effectively, Congress may 
wish to provide GAO with audit authority over all Federal Reserve 
operational and administrative actions taken with respect to TALF, 
together with appropriate access authority; 
Status: Implemented. 

GAO Recommendation: To improve transparency of decision making on the 
use of TARP funds for TALF and to ensure adequate monitoring of risks 
related to TALF collateral, given the distressed conditions in the 
commercial real estate market, as part of its ongoing monitoring of 
TALF collateral, the Secretary of the Treasury should direct the OFS 
to continue to give greater attention to reviewing risks posed by 
commercial mortgage-backed securities; 
Status: Implemented. 

GAO Recommendation: To improve transparency of decision making on the 
use of TARP funds for TALF and to ensure adequate monitoring of risks 
related to TALF collateral, the Secretary of the Treasury should 
direct the OFS to strengthen the process for making major program 
decisions for TALF and document how it arrives at final decisions with 
the Federal Reserve and Federal Reserve Bank of New York (FRBNY). Such 
decisions should include how Treasury considers expert and contractor 
recommendations and resolves those recommendations that differ from 
those of the Federal Reserve and FRBNY; 
Status: Implemented. 

GAO Recommendation: To improve transparency of decision making on the 
use of TARP funds for TALF and to ensure adequate monitoring of risks 
related to TALF collateral, the Secretary of the Treasury should 
direct the OFS to conduct a review of what data to track and metrics 
to disclose to the public in the event that TALF LLC purchases 
surrendered assets from FRBNY. Such data and metrics should relate to 
the purchase, management, and sale of assets in TALF LLC that 
potentially impact TARP funds. Metrics related to TALF LLC could 
include periodic reports on the date and purchase price of assets; 
fluctuations in the market value of assets held; the date, price, and 
rationale when assets are sold; and the total amount of loans 
outstanding to Treasury; 
Status: Implemented. 

June 24, 2010: 

GAO Recommendation: Establish clear and specific criteria for 
determining whether a borrower is in imminent default to ensure 
greater consistency across servicers; 
Status: Open. 

GAO Recommendation: Develop additional guidance for servicers on their 
quality assurance programs for HAMP, including greater specificity on 
how to categorize loans for sampling and what servicers should be 
evaluating in their reviews; 
Status: Open. 

GAO Recommendation: Specify which complaints servicers should track to 
ensure consistency and to facilitate program oversight and compliance; 
Status: Open. 

GAO Recommendation: More clearly inform borrowers that the HOPE 
Hotline may also be used if they are having difficulty with their HAMP 
application or servicer or feel that they have been incorrectly denied 
HAMP, monitor the effectiveness of the HOPE Hotline as an escalation 
process for handling borrower concerns about potentially incorrect 
HAMP denials, and develop an improved escalation mechanism if the HOPE 
Hotline is not sufficiently effective; 
Status: Open. 

GAO Recommendation: Finalize and issue consequences for servicer 
noncompliance with HAMP requirements as soon as possible; 
Status: Open. 

GAO Recommendation: Report activity under the principal reduction 
program, including the extent to which servicers determined that 
principal reduction was beneficial to investors but did not offer it, 
to ensure transparency in the implementation of this program feature 
across servicers; 
Status: Open. 

GAO Recommendation: Finalize and implement benchmarks for performance 
measures under the first-lien modification program, as well as develop 
measures and benchmarks for the recently announced TARP-funded 
homeowner assistance programs; 
Status: Open. 

GAO Recommendation: Implement a prudent design for remaining TARP-
funded housing programs; 
Status: Open. 

June 30, 2010: 

GAO Recommendation: Formalize and document coordination with the 
Chairman of the FDIC for decisions associated with the expiration of 
TARP (1) by including the Chairman at relevant FinSOB meetings, (2) 
through formal bilateral meetings, or (3) by utilizing other forums 
that accommodate more structured dialogue; 
Status: Partially implemented. 

GAO Recommendation: Publicly identify clear program objectives, the 
expected impact of programs, and the level of additional resources 
needed to meet those objectives. Set quantitative program objectives 
for its small business lending programs and identify any additional 
data needed to make program decisions; 
Status: Open. 

September 29, 2010[A]: 

GAO Recommendation: To gain a better understanding of the Supervisory 
Capital Assistance Program (SCAP) and inform the use of similar stress 
tests in the future, the Federal Reserve should compare the 
performance of the 19 largest bank holding companies against the more 
adverse scenario projections following the completion of the 2-year 
period covered in the SCAP stress test ending December 31, 2010, and 
disclose the results of the analysis to the public; 
Status: Open. 

GAO Recommendation: The Federal Reserve, in consultation with the 
other banking regulators, should develop a plan that reconciles the 
divergent views on transparency and allows for increased transparency 
in the regular supervisory process. Such a plan should, at a minimum, 
outline steps for releasing supervisory methodologies and analytical 
results for stress testing; 
Status: Open. 

GAO Recommendation: The Federal Reserve, in consultation with the 
other banking regulators, should develop more specific criteria to 
include in its guidance to examiners for assessing the quality of 
stress tests and how these tests inform bank holding companies capital 
adequacy planning. These guidelines should clarify the stress testing 
procedures already incorporated into banking regulations and 
incorporate lessons learned from SCAP; 
Status: Open. 

GAO Recommendation: The Federal Reserve, in consultation with the 
other banking regulators, should fully develop its plan for 
maintaining and improving the use of data, risk identification and 
assessment infrastructure, and requisite systems in implementing its 
supervisory functions and new responsibilities under the Dodd-Frank 
Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). This 
plan should also ensure the dissemination of these enhancements 
throughout the Federal Reserve System and other financial regulators, 
as well as new organizations established in the Dodd-Frank Act; 
Status: Open. 

GAO Recommendation: The Federal Reserve, in consultation with the 
other banking regulators, should take further steps to more 
effectively coordinate and communicate among the banking regulators, 
including that all applicable agencies are included in discussions and 
decisions regarding multi-agency activities, such as horizontal 
examinations of financial institutions; 
Status: Open. 

October 4, 2010: 

GAO Recommendation: Apply lessons learned from the implementation of 
CPP to similar programs, such as Small Business Lending Fund, and 
enhance procedural controls for addressing the risk of inconsistency 
in regulators’ decisions on withdrawals. Specifically, establish a 
process for collecting information from federal bank regulators on all 
applicants that withdraw from consideration in response to a regulator’
s recommendation, including the reasons behind the recommendation. 
Evaluate the information to identify trends or patterns that may 
indicate whether similar applicants were treated inconsistently across 
different regulators and take action, if necessary, to help ensure a 
more consistent treatment; 
Status: Open. 

GAO Recommendation: Periodically collect and review certain 
information from federal 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; 
Status: Open. 

Source: GAO. 

Notes: This table does not include 20 recommendations related to the 
fiscal year 2009 financial audit as detailed in GAO-10-743R. For the 
latest status on the two significant deficiencies included in GAO-10-
743R, see GAO-11-174. 

[A] These recommendations were made to the Federal Reserve. 

[End of table] 

[End of section] 

Appendix II: Small Business Credit: 

Large Banks Devote a Small Percentage of Total Lending to Small 
Business Loans, although the Total Dollar Value of the Loans Is 
Significant: 

As a proportion of their outstanding value of total loans, large banks 
have the smallest percentage of small business loans of all lenders. 
[Footnote 101] In examining the proportion of the outstanding value of 
small business loans at banks and credit unions, we found that the 
largest banks--banks with $10 billion or greater in total assets-- 
consistently held the smallest share of small business loans as a 
percentage of their total loans (see figure 9). 

Figure 9: Small Commercial and Industrial and Small Commercial Real 
Estate Loans at Banks, as a Percent of Total Loans, 1993 through First 
Quarter 2010: 

[Refer to PDF for image: 2 multiple line graphs] 

Commercial real estate loans: 

Year: 1993; 
Less than $100 million in assets: 7.1%; 
$100 million-$1 billion in assets: 10.2%; 
$1-$10 billion in assets: 5.6%; 
$10 billion or more in assets: 2.4%. 

Year: 1994; 
Less than $100 million in assets: 9%; 
$100 million-$1 billion in assets: 12%; 
$1-$10 billion in assets: 5.7%; 
$10 billion or more in assets: 2.4%. 

Year: 1995; 
Less than $100 million in assets: 9.2%; 
$100 million-$1 billion in assets: 12.6%; 
$1-$10 billion in assets: 5.5%; 
$10 billion or more in assets: 2.6%. 

Year: 1996; 
Less than $100 million in assets: 9.2%; 
$100 million-$1 billion in assets: 12.7%; 
$1-$10 billion in assets: 6%; 
$10 billion or more in assets: 2.6%. 

Year: 1997; 
Less than $100 million in assets: 9%; 
$100 million-$1 billion in assets: 12.9%; 
$1-$10 billion in assets: 5.9%; 
$10 billion or more in assets: 2.4%. 

Year: 1998; 
Less than $100 million in assets: 9%; 
$100 million-$1 billion in assets: 13.3%; 
$1-$10 billion in assets: 6.4%; 
$10 billion or more in assets: 2.6%. 

Year: 1999; 
Less than $100 million in assets: 9.5%; 
$100 million-$1 billion in assets: 13.7%; 
$1-$10 billion in assets: 7.3%; 
$10 billion or more in assets: 2.9%. 

Year: 2000; 
Less than $100 million in assets: 10.5%; 
$100 million-$1 billion in assets: 14.1%; 
$1-$10 billion in assets: 7.3%; 
$10 billion or more in assets: 2.7%. 

Year: 2001; 
Less than $100 million in assets: 10.8%; 
$100 million-$1 billion in assets: 14.4%; 
$1-$10 billion in assets: 7.3%; 
$10 billion or more in assets: 2.8%. 

Year: 2002; 
Less than $100 million in assets: 12.1%; 
$100 million-$1 billion in assets: 15.4%; 
$1-$10 billion in assets: 7.2%; 
$10 billion or more in assets: 3%. 

Year: 2003; 
Less than $100 million in assets: 12.8%; 
$100 million-$1 billion in assets: 15.8%; 
$1-$10 billion in assets: 8%; 
$10 billion or more in assets: 2.9%. 

Year: 2004; 
Less than $100 million in assets: 13.4%; 
$100 million-$1 billion in assets: 15.9%; 
$1-$10 billion in assets: 8.5%; 
$10 billion or more in assets: 2.9%. 

Year: 2005; 
Less than $100 million in assets: 13.7%; 
$100 million-$1 billion in assets: 15.8%; 
$1-$10 billion in assets: 8.4%; 
$10 billion or more in assets: 2.7%. 

Year: 2006; 
Less than $100 million in assets: 13.2%; 
$100 million-$1 billion in assets: 15.4%; 
$1-$10 billion in assets: 8.7%; 
$10 billion or more in assets: 2.6%. 

Year: 2007; 
Less than $100 million in assets: 13.1%; 
$100 million-$1 billion in assets: 14.7%; 
$1-$10 billion in assets: 8.3%; 
$10 billion or more in assets: 2.8%. 

Year: 2008; 
Less than $100 million in assets: 16.4	
$100 million-$1 billion in assets: 14.5	
$1-$10 billion in assets: 8.6	
$10 billion or more in assets: 2.8%. 

Year: 2009; 
Less than $100 million in assets: 17%; 
$100 million-$1 billion in assets: 14.5%; 
$1-$10 billion in assets: 8.8%; 
$10 billion or more in assets: 2.7%. 

Year: 2010; 
Less than $100 million in assets: 17.2%; 
$100 million-$1 billion in assets: 15%; 
$1-$10 billion in assets: 9.2%; 
$10 billion or more in assets: 2.4%. 

Commercial and industrial loans: 

Year: 1993; 
Less than $100 million in assets: 6.9%; 
$100 million-$1 billion in assets: 9.4%; 
$1-$10 billion in assets: 6.6%; 
$10 billion or more in assets: 3.2%. 

Year: 1994; 
Less than $100 million in assets: 8.3%; 
$100 million-$1 billion in assets: 10.3%; 
$1-$10 billion in assets: 6.2%; 
$10 billion or more in assets: 3.3%. 

Year: 1995; 
Less than $100 million in assets: 8.8%; 
$100 million-$1 billion in assets: 10.5%; 
$1-$10 billion in assets: 6.2%; 
$10 billion or more in assets: 3.4%. 

Year: 1996; 
Less than $100 million in assets: 8.9%; 
$100 million-$1 billion in assets: 10.8%; 
$1-$10 billion in assets: 6.7%; 
$10 billion or more in assets: 3.5%. 

Year: 1997; 
Less than $100 million in assets: 8.8%; 
$100 million-$1 billion in assets: 11%; 
$1-$10 billion in assets: 6.5%; 
$10 billion or more in assets: 4.2%. 

Year: 1998; 
Less than $100 million in assets: 9%; 
$100 million-$1 billion in assets: 11.3%; 
$1-$10 billion in assets: 6.8%; 
$10 billion or more in assets: 3.7%. 

Year: 1999; 
Less than $100 million in assets: 9.1%; 
$100 million-$1 billion in assets: 11.4%; 
$1-$10 billion in assets: 7.3%; 
$10 billion or more in assets: 3.9%. 

Year: 2000; 
Less than $100 million in assets: 10.2%; 
$100 million-$1 billion in assets: 11.4%; 
$1-$10 billion in assets: 7.5%; 
$10 billion or more in assets: 3.7%. 

Year: 2001; 
Less than $100 million in assets: 10.8%; 
$100 million-$1 billion in assets: 11.7%; 
$1-$10 billion in assets: 7.3%; 
$10 billion or more in assets: 3.6%. 

Year: 2002; 
Less than $100 million in assets: 10.8%; 
$100 million-$1 billion in assets: 11.2%; 
$1-$10 billion in assets: 7.8%; 
$10 billion or more in assets: 3.9%. 

Year: 2003; 
Less than $100 million in assets: 10.7%; 
$100 million-$1 billion in assets: 10.8%; 
$1-$10 billion in assets: 7.6%; 
$10 billion or more in assets: 3.5%. 

Year: 2004; 
Less than $100 million in assets: 10.9%; 
$100 million-$1 billion in assets: 10.5%; 
$1-$10 billion in assets: 7.5%; 
$10 billion or more in assets: 3.3%. 

Year: 2005; 
Less than $100 million in assets: 10.7%; 
$100 million-$1 billion in assets: 10.1%; 
$1-$10 billion in assets: 7.3%; 
$10 billion or more in assets: 3.2%. 

Year: 2006; 
Less than $100 million in assets: 10.3%; 
$100 million-$1 billion in assets: 9.7%; 
$1-$10 billion in assets: 6.8%; 
$10 billion or more in assets: 2.7%. 

Year: 2007; 
Less than $100 million in assets: 10.4%; 
$100 million-$1 billion in assets: 9.5%; 
$1-$10 billion in assets: 6.8%; 
$10 billion or more in assets: 3.2%. 

Year: 2008; 
Less than $100 million in assets: 12.8%; 
$100 million-$1 billion in assets: 9.5%; 
$1-$10 billion in assets: 6.4%; 
$10 billion or more in assets: 3.1%. 

Year: 2009; 
Less than $100 million in assets: 12.1%; 
$100 million-$1 billion in assets: 8.9%; 
$1-$10 billion in assets: 6.4%; 
$10 billion or more in assets: 3%. 

Year: 2010; 
Less than $100 million in assets: 11.7%; 
$100 million-$1 billion in assets: 8.8%; 
$1-$10 billion in assets: 6%; 
$10 billion or more in assets: 3.1%. 

Source: GAO analysis of FDIC call report data accessed through SNL 
Financial. 

[End of figure] 

Despite the small number of small business loans to total loans, 
larger banks consistently deliver the largest dollar amount of loans 
to small businesses (see figure 10). 

Figure 10: Outstanding Value of Small Business Loans by Commercial and 
Savings Bank Asset Size, as of December 31, 2009: 

[Refer to PDF for image: stacked horizontal bar graph] 

Total small business loans by type: Commercial real estate: 
$10 billion or more in assets: 39.7%; 
$1-$10 billion in assets: 20.8%; 
$100 million-$1 billion in assets: 34.8%; 
Less than $100 million in assets: 4.7%. 

Total small business loans by type: Commercial and industrial: 
$10 billion or more in assets: 52.5%; 
$1-$10 billion in assets: 18.1%; 
$100 million-$1 billion in assets: 25.4%; 
Less than $100 million in assets: 4.0%. 

Source: GAO analysis of FDIC call report data accessed through SNL 
Financial. 

[End of figure] 

Credit Unions Overall Devote a Small Percentage of Total Lending to 
Small Business Loans, though Larger Credit Unions Do More Small 
Business Lending: 

Credit unions have smaller business loan portfolios than other 
depository institutions, in part because they are restricted in the 
dollar value of small business loans they can extend.[Footnote 102] By 
2009, the largest credit unions had significantly increased their 
value of small business loans to 6.5 percent (see figure 11). The 
National Credit Union Association has noted in a supervisory letter to 
their credit unions that business loans have grown by 60 percent from 
2005 to 2009. The smallest credit unions--those with less than $20 
million in assets--hold less than 2 percent of member business loans 
to total loans. 

Figure 11: Outstanding Value of Small Member Business Loans at Credit 
Unions, as a Percent of Total Loans, 1994 through First Quarter 2010: 

[Refer to PDF for image: multiple line graph] 

Year: 1994; 
Less than $5 million in assets: 0.48%; 
$5-$20 million in assets: 0.76%; 
$20-$100 million in assets: 1.45%; 
Greater than $100 million in assets: 1.27%. 

Year: 1995; 
Less than $5 million in assets: 0.43%; 
$5-$20 million in assets: 0.78%; 
$20-$100 million in assets: 1.31%; 
Greater than $100 million in assets: 1.32%. 

Year: 1996; 
Less than $5 million in assets: 0.42%; 
$5-$20 million in assets: 0.7%; 
$20-$100 million in assets: 1.32%; 
Greater than $100 million in assets: 1.36%. 

Year: 1997; 
Less than $5 million in assets: 0.44%; 
$5-$20 million in assets: 0.76%; 
$20-$100 million in assets: 1.3%; 
Greater than $100 million in assets: 1.31%. 

Year: 1998; 
Less than $5 million in assets: 0.42%; 
$5-$20 million in assets: 0.73%; 
$20-$100 million in assets: 1.42%; 
Greater than $100 million in assets: 1.46%. 

Year: 1999; 
Less than $5 million in assets: 0.38%; 
$5-$20 million in assets: 0.75%; 
$20-$100 million in assets: 1.43%; 
Greater than $100 million in assets: 1.58%. 

Year: 2000; 
Less than $5 million in assets: 0.34%; 
$5-$20 million in assets: 0.66%; 
$20-$100 million in assets: 1.38%; 
Greater than $100 million in assets: 1.72%. 

Year: 2001; 
Less than $5 million in assets: 0.33%; 
$5-$20 million in assets: 0.66%; 
$20-$100 million in assets: 1.42%; 
Greater than $100 million in assets: 1.86%. 

Year: 2002; 
Less than $5 million in assets: 0.47%; 
$5-$20 million in assets: 0.79%; 
$20-$100 million in assets: 1.56%; 
Greater than $100 million in assets: 2.35%. 

Year: 2003; 
Less than $5 million in assets: 0.39%; 
$5-$20 million in assets: 0.74%; 
$20-$100 million in assets: 1.55%; 
Greater than $100 million in assets: 2.83%. 

Year: 2004; 
Less than $5 million in assets: 0.67%; 
$5-$20 million in assets: 1.04%; 
$20-$100 million in assets: 2.37%; 
Greater than $100 million in assets: 4.28%. 

Year: 2005; 
Less than $5 million in assets: 0.48%; 
$5-$20 million in assets: 1.19%; 
$20-$100 million in assets: 2.82%; 
Greater than $100 million in assets: 5.15%. 

Year: 2006; 
Less than $5 million in assets: 0.45%; 
$5-$20 million in assets: 1.15%; 
$20-$100 million in assets: 3.15%; 
Greater than $100 million in assets: 5.93%. 

Year: 2007; 
Less than $5 million in assets: 0.44%; 
$5-$20 million in assets: 1.22%; 
$20-$100 million in assets: 3.51%; 
Greater than $100 million in assets: 6.48%. 

Year: 2008; 
Less than $5 million in assets: 0.32%; 
$5-$20 million in assets: 1.53%; 
$20-$100 million in assets: 3.53%; 
Greater than $100 million in assets: 6.96%. 

Year: 2009; 
Less than $5 million in assets: 0.34%; 
$5-$20 million in assets: 1.83%; 
$20-$100 million in assets: 3.44%; 
Greater than $100 million in assets: 7.47%. 

Year: 2010; 
Less than $5 million in assets: $0.38%; 
$5-$20 million in assets: 1.72%; 
$20-$100 million in assets: 3.6%; 
Greater than $100 million in assets: 7.64%. 

Source: GAO analysis of NCUA financial report data accessed through 
SNL Financial. 

[End of figure] 

The Small Business Administration Also Provides Financing to Small 
Businesses, and Those Markets Are Beginning to Recover after Sharp 
Declines: 

The Small Business Administration's (SBA) 7(a) and 504 loan programs 
are intended to facilitate the capacity of small businesses to raise 
financing they cannot obtain from other private lending 
institutions.[Footnote 103] Originations of government-guaranteed 
small business loans (by dollar value) faced steep declines during the 
onset of the financial crisis, though volumes have since recovered. 
SBA loan approvals sharply declined in 2009 from 2008 levels but 
increased guarantees and reduced fees on 7(a) loans initiated through 
the American Recovery and Reinvestment Act (Recovery Act) helped 
increase loan volumes from fiscal year 2009 to fiscal year 2010 (see 
figure 12).[Footnote 104] 

Figure 12: SBA 7(a) Gross Loan Approvals, Fiscal Year 1990 through 
Fiscal Year 2010: 

[Refer to PDF for image: line graph] 

Year: 1990; 
Gross Loan Approvals: $4.14 billion. 

Year: 1991; 
Gross Loan Approvals: $4.38 billion. 

Year: 1992; 
Gross Loan Approvals: $5.95 billion. 

Year: 1993; 
Gross Loan Approvals: $6.77 billion. 

Year: 1994; 
Gross Loan Approvals: $8.24 billion. 

Year: 1995; 
Gross Loan Approvals: $8.31 billion. 

Year: 1996; 
Gross Loan Approvals: $7.77 billion. 

Year: 1997; 
Gross Loan Approvals: $9.57 billion. 

Year: 1998; 
Gross Loan Approvals: $9.1 billion. 

Year: 1999; 
Gross Loan Approvals: $10.24 billion. 

Year: 2000; 
Gross Loan Approvals: $10.62 billion. 

Year: 2001; 
Gross Loan Approvals: $9.98 billion. 

Year: 2002; 
Gross Loan Approvals: $12.32 billion. 

Year: 2003; 
Gross Loan Approvals: $11.4 billion. 

Year: 2004; 
Gross Loan Approvals: $13.76 billion. 

Year: 2005; 
Gross Loan Approvals: $15.43 billion. 

Year: 2006; 
Gross Loan Approvals: $14.7 billion. 

Year: 2007; 
Gross Loan Approvals: $14.43 billion. 

Year: 2008; 
Gross Loan Approvals: $12.76 billion. 

Year: 2009; 
Gross Loan Approvals: $9.25 billion. 

Year: 2010; 
Gross Loan Approvals: $12.45 billion. 

Source: GAO analysis of SBA data. 

[End of figure] 

The SBA data also show that secondary markets have recently 
stabilized. For example, figure 13 illustrates that the guaranteed 
portion of 7(a) loans sold on the secondary market averaged about 45 
percent from fiscal years 2006 through 2008, but declined to 35 
percent in fiscal year 2009 and increased to 37 percent in fiscal year 
2010. 

Figure 13: Proportion of 7(a) Guaranteed Loan Amount Sold on Secondary 
Market, Fiscal Year 1990 through Fiscal Year 2010: 

[Refer to PDF for image: vertical bar graph and subgraph] 

Year: 1990; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 38%. 

Year: 1991; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 44%. 

Year: 1992; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 39%. 

Year: 1993; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 42%. 

Year: 1994; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 32%. 

Year: 1995; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 33%. 

Year: 1996; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 46%. 

Year: 1997; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 54%. 

Year: 1998; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 59%. 

Year: 1999; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 61%. 

Year: 2000; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 63%. 

Year: 2001; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 59%. 

Year: 2002; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 49%. 

Year: 2003; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 59%. 

Year: 2004; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 56%. 

Year: 2005; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 66%. 

Year: 2006; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 44%. 

Year: 2007; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 44%. 

Year: 2008; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 45%. 

Year: 2009; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 35%. 

Year: 2010; 
Proportion of 7(a) Guaranteed Loan Amount Sold: 37%. 

2010 Monthly data: 
January: 39%; 
February: 25%; 
March: 27%; 
April: 31%; 
May: 18%; 
June: 173%; 
July: 57%; 3%; 2.89
September: 91%. 

Source: GAO analysis of SBA data. 

Note: According to an SBA official, at the end of the second quarter 
of 2010 many active lenders sold substantial portfolios of SBA loans 
because of concerns related to the publication of Financial Accounting 
Standards Board's Statement of Financial Accounting Standards No. 166: 
Accounting for Transfers of Financial Assets, an amendment of FASB 
Statement No. 140. This sales activity resulted in an unusual spike in 
loans coming to the secondary market in June 2010. 

[End of figure] 

Since the Department of the Treasury (Treasury) began its purchases of 
SBA 7(a) securities (see figure 14), the market has improved but 
whether this trend will continue remains unknown. 

Figure 14: SBA 7(a) Securities Purchase Program Purchases, as of 
October 6, 2010: 

[Refer to PDF for image: illustrated vertical bar graph] 

Month: March; 
Purchase price: $21.37 million; 
Number of purchases: 3. 

Month: April; 
Purchase price: $35.64 million; 
Number of purchases: 2. 

Month: May; 
Purchase price: $63.48 million; 
Number of purchases: 5. 

Month: June; 
Purchase price: $69.97 million; 
Number of purchases: 2. 

Month: July; 
Purchase price: $42.19 million; 
Number of purchases: 5. 

Month: August; 
Purchase price: $52.57 million; 
Number of purchases: 6. 

Month: September; 
Purchase price: $72.09 million; 
Number of purchases: 8. 

Source: GAO analysis of Treasury data. 

Note: Though Treasury has committed to these transactions, it has yet 
to fund all of them. 

[End of figure] 

Data Suggest that Small Businesses Face Credit Constraints: 

During the recent financial crisis, many financial institutions faced 
severe capital shortfalls that threatened their solvency and limited 
their ability to lend. In addition, the securitization markets came to 
a virtual halt, freezing sources of funds for new lending to consumers 
and businesses.[Footnote 105] This contraction has affected many 
businesses, but in particular small businesses. For example, the 
Federal Reserve Senior Loan Officer Opinion Survey on Bank Lending 
Practices (SLOOS) in April 2010 showed somewhat larger net fractions 
of banks having tightened loan terms for small firms than had done so 
for medium-sized and large firms. However, the July 2010 survey showed 
a slight easing of standards for credit to small firms--the first such 
loosening since 2006.[Footnote 106] Further, the August 2010 Small 
Business Economic Trends survey from the National Federation of 
Independent Business (NFIB) shows that 9 percent of small businesses 
reported their borrowing needs had not been satisfied, an increase 
from about 6 percent since the fourth quarter of 2007.[Footnote 107] 
In comparison, during the recession in 2001, there was no change in 
this number. 

Since the recent financial crisis, bank lending trends suggest that 
access to credit for small businesses has become more restricted. 
Because small banks tend to be concentrated in small business lending, 
measuring lending trends at small banks should provide particular 
insight into credit conditions facing small businesses.[Footnote 108] 
The Board of Governors of the Federal Reserve (Federal Reserve) 
calculates interest rate spreads (a measure of the risk and other 
costs banks perceive in making loans) on loans from large and small 
banks based on the Survey of Terms of Business Lending.[Footnote 109] 
Spreads for loans less than $1 million--a proxy for loans to small 
businesses--made by small banks have risen 181 basis points from their 
precrisis lows (see figure 15) and remain among the highest levels 
recorded since 1986.[Footnote 110] Increased spreads at small banks--
more so than large banks--are likely to indicate increased perceptions 
of risk for small business loans.[Footnote 111] 

Figure 15: Interest Rate Spreads for Small Loans (Less Than $1 
Million), by Bank Size, and Small Business Borrowing Needs, Second 
Quarter 1993 through Second Quarter 2010: 

[Refer to PDF for image: multiple line graph] 

Loan interest rates (spread over federal funds rate): 

1993: Q2; 
Small business borrowing needs not satisfied: 10%; 
Small loans at small banks: 4.29%; 
Small loans at large banks: 3.58%. 

1993: Q3; 
Small business borrowing needs not satisfied: 7%; 
Small loans at small banks: 4.12%; 
Small loans at large banks: 3.66%. 

1993: Q4; 
Small business borrowing needs not satisfied: 8.67%; 
Small loans at small banks: 4.19%; 
Small loans at large banks: 3.53%. 

1994: Q1; 
Small business borrowing needs not satisfied: 6.67%; 
Small loans at small banks: 3.94%; 
Small loans at large banks: 3.26%. 

1994: Q2; 
Small business borrowing needs not satisfied: 7.33%; 
Small loans at small banks: 4.02%; 
Small loans at large banks: 3.50%. 

1994: Q3; 
Small business borrowing needs not satisfied: 6.67%; 
Small loans at small banks: 4.00%; 
Small loans at large banks: 3.46%. 

1994: Q4; 
Small business borrowing needs not satisfied: 6.67%; 
Small loans at small banks: 4.05%; 
Small loans at large banks: 3.47%. 

1995: Q1; 
Small business borrowing needs not satisfied: 6%; 
Small loans at small banks: 3.85%; 
Small loans at large banks: 3.37%. 

1995: Q2; 
Small business borrowing needs not satisfied: 6.33%; 
Small loans at small banks: 3.90%; 
Small loans at large banks: 3.40%. 

1995: Q3; 
Small business borrowing needs not satisfied: 7.33%; 
Small loans at small banks: 3.91%; 
Small loans at large banks: 3.53%. 

1995: Q4; 
Small business borrowing needs not satisfied: 5%; 
Small loans at small banks: 3.93%; 
Small loans at large banks: 3.47%. 

1996: Q1; 
Small business borrowing needs not satisfied: 6%; 
Small loans at small banks: 3.89%; 
Small loans at large banks: 3.35%. 

1996: Q2; 
Small business borrowing needs not satisfied: 6.67%; 
Small loans at small banks: 3.87%; 
Small loans at large banks: 3.49%. 

1996: Q3; 
Small business borrowing needs not satisfied: 6.33%; 
Small loans at small banks: 3.89%; 
Small loans at large banks: 3.56%. 

1996: Q4; 
Small business borrowing needs not satisfied: 6%; 
Small loans at small banks: 3.89%; 
Small loans at large banks: 3.44%. 

1997: Q1; 
Small business borrowing needs not satisfied: 6%; 
Small loans at small banks: 3.92%; 
Small loans at large banks: 3.40%. 

1997: Q2; 
Small business borrowing needs not satisfied: 5.33%; 
Small loans at small banks: 3.95%; 
Small loans at large banks: 3.36%. 

1997: Q3; 
Small business borrowing needs not satisfied: 6.33%; 
Small loans at small banks: 3.90%; 
Small loans at large banks: 3.44%. 

1997: Q4; 
Small business borrowing needs not satisfied: 5.67%; 
Small loans at small banks: 3.92%; 
Small loans at large banks: 3.39%. 

1998: Q1; 
Small business borrowing needs not satisfied: 5%; 
Small loans at small banks: 3.83%; 
Small loans at large banks: 3.33%. 

1998: Q2; 
Small business borrowing needs not satisfied: 5.67%; 
Small loans at small banks: 3.83%; 
Small loans at large banks: 3.26%. 

1998: Q3; 
Small business borrowing needs not satisfied: 5.33%; 
Small loans at small banks: 3.73%; 
Small loans at large banks: 3.25%. 

1998: Q4; 
Small business borrowing needs not satisfied: 5.33%; 
Small loans at small banks: 3.80%; 
Small loans at large banks: 3.21%. 

1999: Q1; 
Small business borrowing needs not satisfied: 4.67%; 
Small loans at small banks: 3.86%; 
Small loans at large banks: 3.25%. 

1999: Q2; 
Small business borrowing needs not satisfied: 5%; 
Small loans at small banks: 3.87%; 
Small loans at large banks: 3.27%. 

1999: Q3; 
Small business borrowing needs not satisfied: 3.67%; 
Small loans at small banks: 3.84%; 
Small loans at large banks: 3.27%. 

1999: Q4; 
Small business borrowing needs not satisfied: 4.33%; 
Small loans at small banks: 3.75%; 
Small loans at large banks: 3.27%. 

2000: Q1; 
Small business borrowing needs not satisfied: 4.67%; 
Small loans at small banks: 3.59%; 
Small loans at large banks: 3.23%. 

2000: Q2; 
Small business borrowing needs not satisfied: 5.33%; 
Small loans at small banks: 3.69%; 
Small loans at large banks: 3.36%. 

2000: Q3; 
Small business borrowing needs not satisfied: 4.67%; 
Small loans at small banks: 3.65%; 
Small loans at large banks: 3.32%. 

2000: Q4; 
Small business borrowing needs not satisfied: 4.67%; 
Small loans at small banks: 3.66%; 
Small loans at large banks: 3.28%. 

2001: Q1; 
Small business borrowing needs not satisfied: 5.67%; 
Small loans at small banks: 3.78%; 
Small loans at large banks: 3.23%. 

2001: Q2; 
Small business borrowing needs not satisfied: 5.33%; 
Small loans at small banks: 3.8%; 
Small loans at large banks: 3.15%. 

2001: Q3; 
Small business borrowing needs not satisfied: 5.67%; 
Small loans at small banks: 3.90%; 
Small loans at large banks: 3.13%. 

2001: Q4; 
Small business borrowing needs not satisfied: 5.67%; 
Small loans at small banks: 4.37%; 
Small loans at large banks: 3.19%. 

2002: Q1; 
Small business borrowing needs not satisfied: 5.33%; 
Small loans at small banks: 4.47%; 
Small loans at large banks: 3.10%. 

2002: Q2; 
Small business borrowing needs not satisfied: 5.67%; 
Small loans at small banks: 4.38%; 
Small loans at large banks: 3.14%. 

2002: Q3; 
Small business borrowing needs not satisfied: 5.33%; 
Small loans at small banks: 4.23%; 
Small loans at large banks: 3.13%. 

2002: Q4; 
Small business borrowing needs not satisfied: 5.33%; 
Small loans at small banks: 4.52%; 
Small loans at large banks: 3.25%. 

2003: Q1; 
Small business borrowing needs not satisfied: 6%; 
Small loans at small banks: 4.44%; 
Small loans at large banks: 3.08%. 

2003: Q2; 
Small business borrowing needs not satisfied: 5.67%; 
Small loans at small banks: 4.47%; 
Small loans at large banks: 3.05%. 

2003: Q3; 
Small business borrowing needs not satisfied: 6%; 
Small loans at small banks: 4.35%; 
Small loans at large banks: 3.05%. 

2003: Q4; 
Small business borrowing needs not satisfied: 5.67%; 
Small loans at small banks: 4.31%; 
Small loans at large banks: 3.06%. 

2004: Q1; 
Small business borrowing needs not satisfied: 6.67%; 
Small loans at small banks: 4.44%; 
Small loans at large banks: 3.02%. 

2004: Q2; 
Small business borrowing needs not satisfied: 5.33%; 
Small loans at small banks: 4.33%; 
Small loans at large banks: 3.01%. 

2004: Q3; 
Small business borrowing needs not satisfied: 5.67%; 
Small loans at small banks: 4.25%; 
Small loans at large banks: 3.02%. 

2004: Q4; 
Small business borrowing needs not satisfied: 4%; 
Small loans at small banks: 4.22%; 
Small loans at large banks: 2.97%. 

2005: Q1; 
Small business borrowing needs not satisfied: 4.33%; 
Small loans at small banks: 3.98%; 
Small loans at large banks: 2.92%. 

2005: Q2; 
Small business borrowing needs not satisfied: 5%; 
Small loans at small banks: 3.86%; 
Small loans at large banks: 2.92%. 

2005: Q3; 
Small business borrowing needs not satisfied: 4.33%; 
Small loans at small banks: 3.81%; 
Small loans at large banks: 2.97%. 

2005: Q4; 
Small business borrowing needs not satisfied: 4.67%; 
Small loans at small banks: 3.70%; 
Small loans at large banks: 2.93%. 

2006: Q1; 
Small business borrowing needs not satisfied: 6%; 
Small loans at small banks: 3.61%; 
Small loans at large banks: 2.90%. 

2006: Q2; 
Small business borrowing needs not satisfied: 5%; 
Small loans at small banks: 3.57%; 
Small loans at large banks: 2.98%. 

2006: Q3; 
Small business borrowing needs not satisfied: 4%; 
Small loans at small banks: 3.46%; 
Small loans at large banks: 2.92%. 

2006: Q4; 
Small business borrowing needs not satisfied: 6%; 
Small loans at small banks: 3.43%; 
Small loans at large banks: 2.89%. 

2007: Q1; 
Small business borrowing needs not satisfied: 5%; 
Small loans at small banks: 3.52%; 
Small loans at large banks: 2.85%. 

2007: Q2; 
Small business borrowing needs not satisfied: 4.67%; 
Small loans at small banks: 3.35%; 
Small loans at large banks: 2.85%. 

2007: Q3; 
Small business borrowing needs not satisfied: 4.67%; 
Small loans at small banks: 3.30%; 
Small loans at large banks: 2.80%. 

2007: Q4; 
Small business borrowing needs not satisfied: 5.67%; 
Small loans at small banks: 3.45%; 
Small loans at large banks: 2.78%. 

2008: Q1; 
Small business borrowing needs not satisfied: 5%; 
Small loans at small banks: 3.84%; 
Small loans at large banks: 2.74%. 

2008: Q2; 
Small business borrowing needs not satisfied: 5.67%; 
Small loans at small banks: 3.97%; 
Small loans at large banks: 2.90%. 

2008: Q3; 
Small business borrowing needs not satisfied: 6.33%; 
Small loans at small banks: 4.03%; 
Small loans at large banks: 2.85%. 

2008: Q4; 
Small business borrowing needs not satisfied: 6.33%; 
Small loans at small banks: 4.62%; 
Small loans at large banks: 3.24%. 

2009: Q1; 
Small business borrowing needs not satisfied: 8.67%; 
Small loans at small banks: 4.89%; 
Small loans at large banks: 3.11%. 

2009: Q2; 
Small business borrowing needs not satisfied: 9%; 
Small loans at small banks: 4.89%; 
Small loans at large banks: 3.25%. 

2009: Q3; 
Small business borrowing needs not satisfied: 9%; 
Small loans at small banks: 5.14%; 
Small loans at large banks: 3.44%. 

2009: Q4; 
Small business borrowing needs not satisfied: 9%; 
Small loans at small banks: 5.00%; 
Small loans at large banks: 3.74%. 

2010: Q1; 
Small business borrowing needs not satisfied: 10.33%; 
Small loans at small banks: 5.06%; 
Small loans at large banks: 3.72%. 

2010: Q2; 
Small business borrowing needs not satisfied: 9%; 
Small loans at small banks: 5.10%; 
Small loans at large banks: 3.83%. 

Source: GAO analysis of data from the Federal Reserve and National 
Federation of Independent Business. 

[End of figure] 

Interest rate spreads for small loans are highly correlated with the 
percentage of small businesses that reported in NFIB's monthly survey 
that their borrowing needs had not been satisfied. This correlation is 
somewhat higher for small banks than for large banks.[Footnote 112] In 
addition, both interest rate spreads and small businesses reporting 
unsatisfied borrowing needs show a substantial increase in recent 
years. Moreover, the high correlation between interest rate spreads 
for small loans, especially at small banks, and the proportion of 
small businesses able to satisfy their borrowing needs suggests that 
the perceived deterioration in credit quality is contributing to the 
reduced access to credit for small businesses. In essence, small 
businesses are finding it harder to get credit in part because banks 
believe those firms are at increased risk of default. 

Whether the supply of or the demand for credit plays a larger role in 
explaining the tighter credit conditions for small businesses remains 
unclear. According to the recent NFIB Economic Trends survey, the 
majority of respondents cited poor sales, taxes, and government 
requirements as their single most important problem, with only a small 
fraction of respondents citing access to credit--indicating that 
concerns about credit access are important but not the most important 
issue facing small businesses. SLOOS survey responses in July 2010 
also point to weaker demand for credit across both small firms and 
medium-sized and large firms. With declining sales, these results 
indicate that many small businesses are not growing and therefore have 
less need for credit. In contrast, some small businesses that are 
growing may face challenges in accessing credit or may not seek it for 
fear of being denied, according to some small businesses.[Footnote 113] 

Small Business Data Have a Number of Limitations: 

We and others have noted that limitations in the available data hinder 
a complete analysis of the credit constraints facing small businesses, 
which creates challenges in trying to address this issue.[Footnote 
114] First, definitions of small businesses vary across data sources 
and many sources are survey-based and not always nationally 
representative.[Footnote 115] Second, because banks are not generally 
required to collect and report information on lending to small 
businesses, certain data sources use proxies for such lending. Some 
quantitative loan origination data are available, but these data are 
also limited. For example, the largest Capital Purchase Program (CPP) 
recipients were required to report loan origination information on 
their small business lending until they fully repaid their capital; 
thus Treasury only received this type of information for a short 
period of time for most of these institutions. Based on our analysis 
of the data and interviews with Treasury and Federal Reserve 
officials, table 11 summarizes the key benefits and limitations of the 
sources considered to assess small business credit conditions for 
small business programs.[Footnote 116] 

Table 12: Advantages and Limitations of Selected Small Business Data 
Sources: 

Data source: Call report data—-Federal Deposit Insurance Corporation 
(banks), National Credit Union Association (credit unions), and Office 
of Thrift Supervision (thrifts); 
Source description: Outstanding loan balances for commercial real 
estate loans and commercial and industrial loans under $1 million for 
banks and thrifts, and member loans more than $50,000 for credit unions
Source advantages: 
* Commercial loan size is used as a proxy for loans to small 
businesses, making reporting consistent among institutions; 
* Effective the first quarter 2010 Treasury requested small loans be 
reported quarterly rather than annually; 
Source limitations: 
* Does not track whether a small business receives the loan, and may 
include certain small loans to large businesses; 
* Proxies do not account for loans to small businesses that are larger 
than these established thresholds; 
* Decreases in loan balances may not represent a decrease in credit to 
small businesses but could reflect realized losses on these loans and 
loan repayments.[A] 

Data source: SLOOS; 
Source description: Surveys approximately 60 large domestic banks, 
which hold two-thirds of all business loans; 
Source advantages: 
* The most recent version of the survey dates to 1990 and is generally 
conducted quarterly; 
* Reflects supply and demand trends; 
Source limitations: 
* Small firms are categorized as having less than $50 million in 
revenue regardless of industry; 
* Survey includes only banks with more than $1 billion in assets, 
though smaller banks also provide a significant amount of credit to 
small businesses. 

Data source: Federal Reserve Survey of Terms of Business Lending 
(STBL, E.2); 
Source description: Surveys interest rates and other terms on business 
loans during the first business week in the middle month of each 
quarter over the federal funds rate on C&I loans originated during the 
survey week at a sample of large and small commercial banks and 
branches and agencies of foreign banks; 
Source advantages: 
* Spreads indicate the risk banks perceive in making loans; 
* The survey has a consistent panel with a high response rate; 
Source limitations: 
* Spreads for small loans may not represent small business loans and 
may instead be small amounts drawn on larger loans. For example, a 
small $900,000 loan could be a draw off a $50 million credit line; 
* According to a Federal Reserve official, the survey is a poor 
indicator of the volume of bank lending because it does not 
distinguish between multiple loans of short maturities or a single 
loan with a long maturity. 

Data source: NFIB surveys; 
Source description: 
* Monthly survey addresses a range of questions to participating NFIB 
members; 
* Conducted a recent study of a nationally representative sample of 
small employers entitled Small Business Credit In A Deep Recession; 
Source advantages: 
* Survey dates to 1970s and is conducted monthly; 
* Captures supply and demand side credit trends; 
Source limitations: 
* The monthly survey over-represents some industries, including 
manufacturing and construction, while under-representing some skilled 
service industries. As such, respondents may not be representative of 
the credit experiences of all firms in the economy[B]; 
* Some surveys are periodic and not collected over time, limiting the 
analysis of historical trends. 

Data source: National Small Business Association (NSBA) Surveys; 
Source description: Periodically surveys members to show conditions of 
small businesses; 
Source advantages: Provides information on the types of credit used by 
small businesses; 
Source limitations: Responses are limited to members who tend to be 
older firms. 

Data source: Federal Reserve Flow of Funds Account (Z.1); 
Source description: A quarterly account that tracks the flow of money 
within various sectors of an economy. The account analyzes economic 
data on borrowing, lending, and investment; 
Source advantages: Loans to non-corporate, nonfinancial businesses are 
a proxy for credit to small businesses; 
Source limitations: Presents net flows, which do not isolate loan 
originations. 

Data source: Federal Reserve Assets and Liabilities of Commercial 
Banks in the United States (H.8); 
Source description: Estimates weekly balance sheet data for all 
commercial banks with a breakdown for large and small domestic 
commercial banks; 
Source advantages: Source for high frequency bank balance sheet data; 
Source limitations: Small banks are defined as those not included in 
the top 25 commercial banks, which may overstate the impact of lending 
by small banks. 

Data source: Federal Reserve Survey of Small Business Finances (SSBF); 
Source description: Series of four surveys on the use of bank credit 
and other means of financing by small businesses; 
Source advantages: Comprehensive, historical survey reflecting 
multiple credit sources for small businesses; 
Source limitations: 
* Survey was last published in 2006 based on 1998-2003 data; 
* The survey was discontinued because of its cost and the data 
collection burden placed on small businesses. 

Data source: Federal Reserve Survey of Consumer Finances; 
Source description: Beginning April 2010, this triennial survey will 
provide questions on households’ small businesses; 
Source advantages: Soon to include an in-depth look at small business 
access to credit; 
Source limitations: Summary results of the addition will not be 
published until 2012. 

Data source: SBA 7(a) and 504 loan approval and secondary market 
volumes[C]; 
Source description: Monthly gross value of loan approvals and value of 
7(a) guaranteed portions sold by lenders in the secondary market; 
Source advantages: 
* Comprehensive measure of loan originations for SBA applicants; 
* Comprehensive state of secondary market trends; 
Source limitations: 
* SBA loans represent only about four percent of small business 
financing overall[D]; 
* Because the profile of SBA borrowers differs from other small 
business borrowers, trends in SBA loan originations do not necessarily 
provide information on overall trends in small business loan 
originations. 

Source: GAO analysis of data sources and interviews with Treasury and 
Federal Reserve officials. 

[A] GAO-10-531. 

[C] The 7(a) program is the SBA's primary program used for working 
capital and other business needs, while the 504 program is typically 
used for purchasing long-term, fixed assets. 

[D] In a previous report, we estimated the percent of SBA loans to 
total small business loans at about 4 percent. See GAO, Small Business 
Administration, Additional Measures Needed to Assess 7(a) Loan 
Program's Performance, GAO-07-769 (Washington, D.C.: July 2007). 

[End of table] 

[End of section] 

Appendix III: Econometric Analysis of the TED Spread: 

We conducted an econometric analysis to assess the impact of the early 
end of the Department of Treasury's (Treasury) authority to incur new 
obligations under the Troubled Asset Relief Program (TARP) (for 
brevity we denote this "the early end of TARP") and the passage of the 
Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank 
Act) on the TED spread, an indicator of risk in the interbank lending 
market.[Footnote 117] Our multivariate econometric model uses an event 
study design (with elements of a difference-in-difference model) using 
daily data on the TED spread. In lieu of relying on graphing and 
identifying trends in the data before and after the announcement, the 
goal of this exercise was to determine whether the decline in the TED 
spread in the near term after the deal to end TARP early and pass 
financial regulatory reform was statistically significant when other 
important variables were also considered, in particular, other 
measures of short term credit risk. Economic theory offers no unified 
or straightforward predictions about the impact of such a simultaneous 
change in policy. The early end of TARP could, in isolation, (1) 
increase perceptions of risk in lending to banks as Treasury would 
lose the ability to use TARP funds to respond new threats to financial 
stability or (2) have no effect if the market perceived financial 
institutions had built up adequate capital and liquidity to weather a 
new shock to the financial system. Alternatively, if markets took the 
early end of TARP as a signal that the government believed that 
financial institutions were sound, it could reduce perceptions of risk 
in the interbank market. The passage of regulatory reform could reduce 
perceptions of risk in the interbank market to the extent that it 
implies increases in capital and liquidity at financial institutions 
or otherwise enhances financial stability, or increase perceptions of 
risk if, for example, a new "orderly liquidation authority" reduced 
the necessity to bail out creditors in systemically important 
financial institutions. In short, the multitude of potential 
theoretical channels for the early end of TARP and passage of 
regulatory reform imply that their ultimate impact is an empirical 
question. 

The primary regressions model changes in the 3-month TED spread as a 
function of contemporaneous changes in the spread between 90-day 
nonfinancial commercial paper and 3-month Treasury bonds. The 
nonfinancial commercial paper spread should have favorable properties 
as a control variable: it has the same maturity as the TED spread, and 
is likely to capture general credit risk in the economy but does not 
cover financial firms and thus is less apt to be confounded by 
(although is not fully insulated from) reverse causality.[Footnote 
118] Other control variables we used were daily changes in the S&P 500 
and the term spread (measured as the difference between the 10-year 
and 3-month Treasury bonds). We used a dummy variable to indicate news 
of the deal to end TARP early and pass financial regulatory reform. To 
carry out the exercise as validly as possible, we conducted tests to 
ensure the stationarity of the variables in the model, used 
heteroskedasticity and autocorrelation-consistent standard errors, and 
conducted sensitivity analysis.[Footnote 119] To help ensure that our 
results were not sensitive to the main specification we chose, we ran 
the model with a number of variations, including: 

* a variety of event start dates, including June 29, 2010, when news 
of the likely passage of financial regulatory reform was reported; 
June 30, 2010, one day after (when the conference report passed in the 
House of Representatives); June 22, 2010, one week before (to address 
the possibility that information became available to market 
participants before media reports of the deal); and July 15, 2010, 
(when the conference report passed in the Senate), 

* two different nonfinancial commercial paper rates, AA and the higher 
credit risk A2/P2 rate, 

* longer maturity (6-month and 12-month) TED spreads, 

* a time trend, and: 

* an autoregressive model where changes in the TED spread were modeled 
as a function of lagged values of itself rather than control variables. 

In numerous specifications we found that news of the early end of TARP 
and likely passage of financial regulatory reform did not have a 
statistically significant impact on the TED spread. The effect is also 
economically inconsequential, less than four-tenths of a basis point 
(itself one one hundredth of a percent) deterioration in the TED 
spread (per day) in our primary specification. Whether the muted 
response to news of the early end of TARP is because market 
participants did not view it as a meaningful event, or because the 
simultaneous increase in the likelihood of financial regulatory reform 
counteracted any effect, is unknown. Because we may not have captured 
all important factors that might explain movements in the TED spread, 
omitted variable bias remains a possibility. Furthermore, this test 
assesses market participants' initial expectations and not the 
ultimate impact of the early end of TARP and passage of financial 
regulatory reform. In addition, ending TARP less than 3 months early, 
along with previous announcements related to TARP exits beginning in 
late 2009, could have limited informational content relevant for 
interbank markets in the June 29, 2010, announcement. Finally, because 
we use contemporaneous variables, in particular the nonfinancial 
commercial paper spread, it is possible that reverse causation would 
result in our model being misspecified. 

[End of section] 

Appendix IV: Department of the Treasury Comment Letter: 

Department Of The Treasury: 
Assistant Secretary: 
Washington, D.C. 20220: 
	
January 10, 2011: 

Thomas J. McCool: 
Director, Center for Economics: 
Applied Research and Methods: 
U.S. Government Accountability Office: 
441 G Street, N.W. Washington, D.C. 20548: 

Dear Mr. McCool: 

The Department of the Treasury (Treasury) appreciates the opportunity 
to review the GAO's latest draft report on Treasury's Troubled Asset 
Relief Program (TARP), titled Status of Programs and Implementation of 
GAO Recommendations (Draft Report). 

While we recognize that the economic recovery is not complete, 
Treasury is pleased that the GAO's report acknowledges the success of 
TARP and other government actions taken to stabilize the financial 
system and the economy. Thanks to our comprehensive and careful 
strategy to address the financial crisis, the financial system is much 
better capitalized today, credit markets have improved, confidence has 
been restored, economic growth has resumed, and the projected cost of 
TARP and other actions is much lower than originally anticipated. 

As stated in the Draft Report, Treasury has addressed or has taken 
steps to address many of the GAO's previous recommendations. Although 
Appendix I indicates that we have fully or partially implemented 40 of 
the 56 recommendations to Treasury, our review indicates that Treasury 
has fully or partially implemented 53 — or approximately 95% - of the
recommendations and the only open recommendations are those issued 
within approximately the last six months. We will continue to meet 
with GAO staff to reconcile the data. 

The GAO's sole new recommendation is that "OFS should finalize a plan 
for addressing how it will manage its workforce, in particular term-
appointed employees and key SES positions, including plans for various 
staffing scenarios." As stated in the Draft Report, Treasury has a
human capital strategy for OFS and has undertaken succession planning 
management. OFS continues to refine those and other staffing 
initiatives as it manages its workforce during TARP's continued 
evolution. 

We look forward to continuing to work with you and your team in our 
ongoing efforts to stabilize the financial system. 

Sincerely, 

Signed by: 

Timothy G. Massed: 
Acting Assistant Secretary for Financial Stability: 

[End of section] 

Appendix V: GAO Contacts and Staff Acknowledgments: 

GAO Contacts: 

Orice Williams Brown, (202) 512-8678 or williamso@gao.gov: 
Richard J. Hillman, (202) 512-8678 or hillmanr@gao.gov: 
Thomas J. McCool, (202) 512-2642 or mccoolt@gao.gov: 

Staff Acknowledgments: 

In addition to the contacts named above, A. Nicole Clowers, Gary 
Engel, Mathew J. Scirè, and William T. Woods (lead Directors); 
Lawrance Evans, Jr., Dan Garcia-Diaz, Lynda Downing, Carolyn Kirby, 
Kay Kuhlman, Harry Medina, Joseph O'Neill, Raymond Sendejas, and Karen 
Tremba (lead Assistant Directors); Kevin Averyt; Ken Bombara; Tania 
Calhoun; Emily Chalmers; William Chatlos; Rachel DeMarcus; Sharon 
Dyer; Sarah Farkas; John Forrester; Michael Hoffman; Christine Houle; 
Joe Hunter; Karen Jarzynka; Elizabeth Jimenez; Charles Jones; John 
Karikari; Tory Klepacz; Heather Krause; Damian Kudelka; Robert Lee; 
Grant Mallie; Karine McClosky; Tim Mooney; Susan Michal-Smith; Daniel 
Newman; Lauren Nunnally; Anna Maria Ortiz; Jared Sippel; Winnie Tsen; 
Jim Vitarello; Letisha Watson; and Chris Yfantis have made significant 
contributions to this report. 

[End of section] 

Related GAO Products: 

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/GA0-10-861]. September 29, 
2010. 

Financial Assistance: Ongoing Challenges and Guiding Principles 
Related to Government Assistance for Private Sector Companies. 
[hyperlink, http://www.gao.gov/products/GA0-10-719]. August 3, 2010. 

Troubled Asset Relief Program: Continued Attention Needed to Ensure 
the Transparency and Accountability of Ongoing Programs. [hyperlink, 
http://www.gao.gov/products/GAO-10-933T]. July 21, 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/GA0-10-531]. June 
30, 2010. 

Troubled Asset Relief Program: Further Actions Needed to Fully and 
Equitably Implement Foreclosure Mitigation Programs. [hyperlink, 
http://www.gao.gov/products/GA0-10-634]. 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/GA0-10-498]. May 18, 2010. 

Troubled Asset Relief Program: Update of Government Assistance 
Provided to AIG. [hyperlink, http://www.gao.gov/products/GA0-10-475]. 
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/GA0-10-492]. 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. 

Troubled Asset Relief Program: The U.S. Government Role as Shareholder 
in AIG, Citigroup, Chrysler, and General Motors and Preliminary Views 
on its Investment Management Activities. [hyperlink, 
http://www.gao.gov/products/GAO-10-325T]. December 16, 2009. 

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. 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 Efforts to Address 
Transparency and Accountability Issues. [hyperlink, 
http://www.gao.gov/products/GAO-09-1048T]. September 24, 2009. 

Troubled Asset Relief Program: Status of Government Assistance 
Provided to AIG. 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: Status of Efforts to Address 
Transparency and Accountability Issues. [hyperlink, 
http://www.gao.gov/products/GAO-09-920T]. July 22, 2009. 

Troubled Asset Relief Program: Status of Participants' Dividend 
Payments and Repurchases of Preferred Stock and Warrants. [hyperlink, 
http://www.gao.gov/products/GAO-09-889T]. July 9, 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: March 2009 Status of Efforts to Address 
Transparency and Accountability Issues. [hyperlink, 
http://www.gao.gov/products/GAO-09-539T]. March 31, 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-09-484T]. March 19, 2009. 

Federal Financial Assistance: Preliminary Observations on Assistance 
Provided to AIG. [hyperlink, http://www.gao.gov/products/GAO-09-490T]. 
March 18, 2009. 

Troubled Asset Relief Program: Status of Efforts to Address 
Transparency and Accountability Issues. [hyperlink, 
http://www.gao.gov/products/GAO-09-474T]. March 11, 2009. 

Troubled Asset Relief Program: Status of Efforts to Address 
Transparency and Accountability Issues. [hyperlink, 
http://www.gao.gov/products/GAO-09-417T]. February 24, 2009. 

Troubled Asset Relief Program: Status of Efforts to Address 
Transparency and Accountability Issues. [hyperlink, 
http://www.gao.gov/products/GAO-09-359T]. February 5, 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-09-266T]. December 10, 2008. 

Auto Industry: A Framework for Considering Federal Financial 
Assistance. [hyperlink, http://www.gao.gov/products/GAO-09-247T]. 
December 5, 2008. 

Auto Industry: A Framework for Considering Federal Financial 
Assistance. [hyperlink, http://www.gao.gov/products/GAO-09-242T]. 
December 4, 2008. 

Troubled Asset Relief Program: Status of Efforts to Address Defaults 
and Foreclosures on Home Mortgages. [hyperlink, 
http://www.gao.gov/products/GAO-09-231T]. December 4, 2008. 

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] 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, 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); 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); 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] 
(Washington, D.C.: Sept. 23, 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] (Washington, D.C.: Aug. 3, 
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] 
(Washington, D.C.: June 30, 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] (Washington, D.C.: 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] (Washington, D.C.: June 24, 
2010); Troubled Asset Relief Program: Update of Government Assistance 
Provided to AIG, [hyperlink, http://www.gao.gov/products/GAO-10-475] 
(Washington D.C.: Apr. 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] 
(Washington D.C.: Apr. 6, 2010); Troubled Asset Relief Program: Home 
Affordable Modification Program Continues to Face Implementation 
Challenges, [hyperlink, http://www.gao.gov/products/GAO-10-556T] 
(Washington, D.C.: Mar. 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] (Washington, D.C.: Feb. 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] (Washington, D.C.: Dec. 9, 
2009); and 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). 

[5] [hyperlink, http://www.gao.gov/products/GAO-10-861]. 

[6] SNL Financial is a database that collects, standardizes, and 
disseminates corporate, financial, market, and mergers and 
acquisitions data. 

[7] See GAO, 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). 

[8] No indicator on its own provides a definitive perspective on the 
state of markets; collectively, the indicators should provide a broad 
sense of the stability and liquidity of the financial system and could 
be suggestive of the program's impact. However, it is difficult to 
draw conclusions about causality, because a variety of actions have 
been taken to address the economic downturn, and determining what 
would have happened in the absence of TARP is difficult. 

[9] Appendix I provides a list of the recommendations by report and 
their status as of December 30, 2010. The list does not include 20 
recommendations from the TARP Management Report (GAO-10-743R) that was 
issued in connection with the audit of TARP's fiscal year 2009 
financial statements. 

[10] Treasury, the Federal Reserve, FDIC, FRBNY, and Citigroup agreed 
to terminate Treasury's guarantee commitment. In consideration for 
early termination of the guarantee, FDIC and Treasury would keep $3 
billion and $2.2 billon respectively of the $7 billion of Citigroup 
preferred securities issued as a premium for the guarantee and the 
Federal Reserve Bank of New York would receive a $50 million 
termination fee. On September 30, 2010, Treasury agreed to sell the 
$2.2 billion of Citigroup preferred securities and received the 
proceeds of the sale in October 2010. FDIC may transfer $800 million 
in Citigroup trust preferred securities to Treasury at the close of 
Citigroup's participation in FDIC's Temporary Liquidity Guarantee 
Program. 

[11] In addition to preferred stock, Treasury also received from 
privately held institutions warrants to purchase a specified number of 
shares of preferred stock--called warrant preferred stock--that pay 
quarterly dividends at a rate of 9 percent per year. A warrant is an 
option to buy shares of common stock or preferred stock at a 
predetermined price on or before a specified date. The exercise price 
for the warrant preferred stock is $0.01 per share unless the 
financial institution's charter requires otherwise. Treasury exercised 
these warrants immediately for privately held institutions. 

[12] Under the CPP terms, institutions pay cumulative dividends on 
their preferred shares except for banks that are not subsidiaries of 
holding companies, which pay noncumulative dividends. Some of the 
other types of institutions, such as S-corporations, received their 
CPP investment in the form of subordinated debt and pay Treasury 
interest rather than dividends. 

[13] 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. 

[14] [hyperlink, http://www.gao.gov/products/GAO-11-47]. 

[15] 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. 

[16] Even after Treasury's right to nominate a director expires, a 
financial institution could voluntarily choose to retain the director 
if it believes that doing so would be in the institution's best 
interests. 

[17] The policy and procedures broadly apply to securities under 
various TARP programs. 

[18] Mandatory convertible preferred is a type of preferred share that 
must be converted to common stock at the issuer's request if specific 
criteria are met by a certain date. A trust preferred security is a 
cumulative preferred stock instrument that is considered a hybrid 
security because it possesses features of both debt and equity and is 
created by establishing a trust and issuing debt to it. 

[19] An additional 28 institutions had exchanged their CPP investments 
for investments under Treasury's CDCI. 

[20] [hyperlink, http://www.gao.gov/products/GAO-11-47]. 

[21] A "qualified equity offering" is the sale and issuance of tier 1 
qualifying perpetual preferred stock, common stock, or a combination 
of such stock for cash. Prior to enactment of the Recovery Act, Pub. 
L. No. 111-5, 123 Stat. 115 (2009), CPP investments in the form of 
senior preferred shares could only be repurchased prior to 3 years 
from the date of investment with the proceeds of the "qualified equity 
offering" resulting in aggregate gross proceeds to the financial 
institution of not less than 25 percent of the issue price of the 
senior preferred. Section 7001 of the Recovery Act provides, in part, 
that "Subject to consultation with the appropriate Federal banking 
agency...Treasury shall permit a TARP recipient to repay any 
assistance previously provided under the TARP to such financial 
institution, without regard to whether the financial institution has 
replaced the funds from any other source or to any waiting period" 
(emphasis added). 

[22] Regulatory goals focus on safety and soundness considerations, 
such as capital adequacy and financial condition. 

[23] Executive compensation requirements generally include limits on 
compensation that exclude incentives for senior executive officers to 
take unnecessary and excessive risks that threaten the value of TARP 
recipients and provide for the recovery of any bonus, retention award, 
or incentive compensation paid to certain employees based on 
materially inaccurate statements of earnings, revenues, gains, or 
other criteria. 

[24] 31 C.F.R. Part 30. 

[25] Although authority to conduct the review and obtain compensation 
information was provided under the statute and regulations, the 
Special Master had no authority to force reimbursements from firms or 
executives, or require any other remedy. 

[26] See GAO, 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] 
(Washington, D.C.: Oct. 8, 2009). 

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

[28] The total announced amount includes $5 billion for the Supplier 
Support Program announced in March 2009. In July 2009 the commitment 
for the Supplier Support Program was reduced by $1.5 billion, and in 
July 2010 about $3 billion was deobligated for this program, resulting 
in the difference between the asset purchase price referenced earlier 
in this report and the announced amount in this section. 

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

[30] [hyperlink, http://www.gao.gov/products/GAO-10-492]. 

[31] According to the registration statement GM filed with the 
Securities and Exchange Commission on August 18, 2010, the U.S. 
defined benefit pension plans were underfunded by $17.1 billion and 
the non-U.S. plans by about $10.3 billion, as of December 31, 2009. 
According to GM, adverse equity and credit markets reduced the market 
value of the plan assets, while the present value of pension 
liabilities rose significantly in response to declines in the discount 
rate, the effect of separation programs and increases in the level of 
pension benefits and number of beneficiaries. 

[32] Statutorily prescribed pension funding requirements for single- 
employer plans specify how much a sponsor must contribute to its 
defined benefit plans each year. 26 U.S.C. §§ 412 and 430. In general, 
the minimum required contribution reflects the value of the plan's 
assets compared with the plan's benefit obligations, as measured by 
the present value of all benefits accrued or earned as of the 
beginning of the plan year (the plan's funding target) and the present 
value of all benefits that are expected to accrue or be earned under 
the plan during the plan year (the target normal cost). 

[33] GM's "core brands" include GMC, Chevrolet, Cadillac, and Buick 
but exclude brands GM has discontinued since 2009, such as Saturn, 
Pontiac, and Hummer. According to Edmunds.com, auto sales typically 
decrease by approximately 3 percent from May to June each year. 

[34] Specifically, on December 30, 2009, Treasury purchased an 
additional $1.25 billion of mandatory convertible preferred shares and 
received warrants that Treasury exercised at closing for an additional 
$62.5 million in mandatory convertible preferred shares. Treasury also 
purchased $2.54 billion in Ally Financial trust preferred securities 
and received warrants that Treasury exercised at closing for an 
additional $127 million in Ally Financial trust preferred securities, 
which were all investments under AIFP. 

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

[36] The $47.4 billion is provided by AIG's third quarter 2010 10Q 
filing, which we have used in previous reports on AIG, whereas the 
amounts cited earlier in this report, including Table 1, are based on 
our 2010 Audit of OFS's Financial Statements. 

[37] Cumulative preferred stock is a form of capital stock in which 
holders of preferred stock receive dividends before holders of common 
stock, and dividends that have not been paid must be paid to preferred 
shareholders before common shareholders can receive dividends. 

[38] From July through early September 2008, AIG was experiencing 
declines in the value and market liquidity of the residential mortgage-
backed security assets that comprised the collateral for its 
securities lending program and declining values of collateralized debt 
obligations against which AIG Financial Product had written credit 
default swap protection. These losses forced AIG to use its cash 
reserves to repay securities lending counterparties that terminated 
existing agreements and to post additional collateral required by 
trading counterparties of AIG Financial Product. The rating agencies 
downgraded AIG's debt rating, which resulted in additional collateral 
demands. 

[39] Unpaid dividends on the Series D shares were added to the 
principal amount of Series E shares that Treasury received. 

[40] [hyperlink, http://www.gao.gov/products/GAO-10-475]. 

[41] In connection with the issuance of the Series E and F preferred 
stocks and as a participant in TARP, AIG had agreed to a number of 
covenants with Treasury related to corporate governance, executive 
compensation, political activity, and other matters. These covenants 
will continue to apply after the closing. Also, AIG will agree to 
provide Treasury and FRBNY with certain control and information rights. 

[42] AIG may not directly redeem the Series G preferred stock while 
FRBNY continues to hold any preferred interests in AIA and ALICO, but 
AIG will have the right to use cash to repurchase a corresponding 
amount of the preferred interests in the SPVs from FRBNY, which will 
then be transferred to Treasury to reduce the aggregate liquidation 
preference of the Series G preferred stock. If FRBNY no longer holds 
preferred interests in AIA and ALICO, AIG may redeem in cash the 
Series G preferred stock, at the liquidation preference plus accrued 
and unpaid dividends. 

[43] Exercise price is the price at which the option holder may buy or 
sell the underlying asset. 

[44] See [hyperlink, http://www.gao.gov/products/GAO-10-634]; 
[hyperlink, http://www.gao.gov/products/GAO-10-556T]; and 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). 

[45] To do this, servicers are required to follow a sequential 
modification process that begins with reducing interest rates to a 
minimum of 2 percent. Then, if the target payment amount is not 
reached, the servicer extends the maturity and/or amortization period 
of the loan in 1-month increments up to 40 years. Finally, if needed, 
the servicer forbears, or defers, principal. 

[46] Under HAMP, servicers and mortgage holders or investors can 
receive various financial incentive payments to encourage the 
modification of mortgage loans. According to Treasury, up to 
approximately $30 billion in TARP funds will be used primarily to 
encourage the modification of mortgages that financial institutions 
own and hold in their own portfolios and mortgages held in private-
label securitization trusts. In addition, Fannie Mae and Freddie Mac, 
two GSEs, are expected to provide up to $25 billion in additional 
funding to encourage servicers to modify loans they own or guarantee. 
In order to receive a permanent loan modification, borrowers must meet 
the HAMP eligibility requirements (single-family dwelling, owner-
occupied, primary residence, etc.) and must successfully complete a 3-
month trial modification period. 

[47] These foreclosure alternatives include deeds-in-lieu of 
foreclosure and short sales. Under a deed-in-lieu of foreclosure, the 
homeowner voluntarily conveys all ownership interest in the home to 
the lender. In a short sale, the homeowner sells the house for less 
than the balance on the mortgage. The lender must give permission to 
such a transaction and can agree to forgive the shortfall between the 
loan balance and the net sales proceeds. Under the Home Affordable 
Foreclosure Alternatives program, accepting a deed-in-lieu must 
satisfy the borrower's entire mortgage obligation in addition to 
releasing the lien on the subject property. 

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

[49] Treasury officials pointed out that this initial $100 billion 
amount included the PPIP legacy securities program along with PPIP 
legacy loans (a partnership with the FDIC), and an anticipated PPIP 
expansion related to TALF. 

[50] A ninth PPIF was liquidated in the first quarter of 2010. 
According to Treasury, the return to the Treasury was about $20 
million on Treasury's equity investment of about $156 million, and the 
interest earned by Treasury amounted to approximately $342,000 on the 
$200 million in loans disbursed. 

[51] [hyperlink, http://www.gao.gov/products/GAO-10-531]. 

[52] For this analysis, we selected commercial and industrial and 
commercial real estate loans of $1 million or less for banks, and 
thrifts and business loans of $50,000 or more at credit unions, which 
are considered proxies for small business lending. For further 
details, see appendix II. 

[53] Treasury does not require the depository institution regulators 
to collect this information. However, OTS and NCUA collect it for 
internal purposes, including anticipation of reporting for post-award 
requirements. 

[54] [hyperlink, http://www.gao.gov/products/GAO-09-658]. 

[55] For senior securities, Treasury allowed any SBA securities 
sellers to immediately repurchase senior securities issued to 
Treasury. Senior securities and warrants are issued to Treasury, as 
required by EESA, when Treasury purchases assets under TARP. For 
executive compensation, Treasury officials told us that they drafted a 
legal determination that compensation limits were not required because 
the senior securities are immediately purchased and therefore there is 
no period of time for Treasury to apply the executive compensation 
restrictions. 

[56] Small Business Jobs Act of 2010, Pub. L. No. 111-240, Title IV, 
Subtitle A, 124 Stat. 2504 (2010). 

[57] The program provided nonrecourse loans to investors to purchase 
AAA-rated ABS and CMBS, which were in turn pledged as collateral for 
the loans. 

[58] Treasury's credit protection takes the form of loans to TALF LLC, 
a special-purpose vehicle created to purchase TALF's underlying 
collateral, in the event that TALF loans are not repaid and the ABS or 
CMBS collateral securing the loans is surrendered to TALF LLC. 
Treasury originally provided $20 billion of credit protection, but the 
Federal Reserve announced on July 20, 2010, that Treasury and the 
Federal Reserve had agreed to reduce the credit protection to $4.3 
billion. 

[59] [hyperlink, http://www.gao.gov/products/GAO-10-25] and 
[hyperlink, http://www.gao.gov/products/GAO-10-531]. 

[60] As of September 30, 2010, no TALF assets have been surrendered to 
TALF LLC. 

[61] On June 30, 2009, GMAC LLC changed its corporate structure and 
was renamed GMAC Inc., and on May 10, 2010, GMAC Inc. changed its name 
to Ally Financial Inc. 

[62] Under the AGP agreement, Treasury, FDIC, and FRBNY provided 
protection against the possibility of large losses on an asset pool of 
approximately $301 billion which remained on Citigroup's balance 
sheet. The following loss-sharing terms applied to the transaction: 
(1) Citigroup was to absorb the first $39.5 billion in losses and (2) 
losses more than the $39.5 billion were to be shared by the U.S. 
government (90 percent) and Citigroup (10 percent) with the U.S. 
government piece being paid in the following order and amounts: First, 
Treasury in an amount up to $5 billion, then FDIC in an amount up to 
$10 billion, and lastly had Treasury and FDIC paid out the full amount 
of their commitments, Citigroup would have been able to obtain a one- 
time non-recourse (except with respect to interest and Citigroup's 10 
percent share of loss) loan from FRBNY. The Citigroup AGP agreement 
has been terminated and no losses were paid by the U.S. government, 
and stock, warrants, and fees were obtained by the government and 
FRBNY in exchange for entering into the agreement. 

[63] See [hyperlink, http://www.gao.gov/products/GAO-09-837]. In July 
2009, we emphasized that the lack of a permanent head of the 
Homeownership Preservation Office, along with the number of vacancies 
in the office itself, could impact Treasury's ability to effectively 
monitor HAMP and recommended that these staffing needs be given high 
priority. 

[64] The other divisions within OFS include the Office of the Chief 
Investment Officer, Office of the Chief Financial Officer, Office of 
the Chief Homeownership Preservation Officer, and Office of the Chief 
of Operations Officer. 

[65] OFS officials said that the office had a formal mentor program in 
early 2009 that included training for all participants and matched up 
mentors and employees who met regularly every 2 weeks. 

[66] 5 C.F.R. part 316, subpart C. At an agency's request, the Office 
of Personnel Management may authorize exceptions beyond the 4-year 
limit when the extension is clearly justified and consistent with 
applicable statutory provisions. 

[67] 5 U.S.C. §§ 3132(a)(5) and 3134. 

[68] GAO, Human Capital: Key Principles for Effective Strategic 
Workforce Planning, [hyperlink, http://www.gao.gov/products/GAO-04-39] 
(Washington, D.C.: Dec. 11, 2003). 

[69] Servicers can sign up for HAMP until October 3, 2010 and 
borrowers can sign up until December 31, 2012. After 2012, servicers 
can continue to receive incentives, funded by TARP, for 5 years, until 
December 31, 2017. 

[70] [hyperlink, http://www.gao.gov/products/GAO-09-837]. 

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

[72] To implement TARP, Treasury used its authorities to enter into 
financial agency agreements with financial institutions. Section 
101(c)(3) of EESA (codified at 12 U.S.C. §5211(c)(3)); see also 31 
C.F.R. Part 202. The financial agency agreements have been completed 
through Treasury's Office of the Fiscal Assistant Secretary. Financial 
agency agreements are not federal procurement contracts and are 
therefore not subject to the provisions of the Federal Property and 
Administrative Services Act (41 U.S.C. §§ 251-260), the Federal 
Acquisition Regulation (48 C.F.R. Chapter 1), or any other federal 
procurement law. 

[73] The 81 contracts and blanket purchase agreements include 7 
interagency agreements for contractual arrangements in which OFS is 
engaging vendors that have existing contracts with other Treasury 
offices or bureaus or other federal agencies. 

[74] The potential award value of all 96 TARP financial agency 
agreements and contracts--some completed and some scheduled to run 
until April 2019--totals almost $841 million ($435 million in FAA and 
$406 million in contracts.) The dollar amount does not include the 
seven interagency agreement contract values. Consistent with our prior 
recommendation to improve transparency and accountability, Treasury 
now publishes information on active and completed procurement 
contracts and financial agency agreements online. A listing of TARP 
procurement contracts and agreements can be viewed at [hyperlink, 
http://www.financialstability.gov/impact/contractDetail2.html]. 

[75] Treasury's additional proceeds include dividends from equity 
securities, proceeds from repurchases of warrants and warrant 
preferred stock, and proceeds from warrant auctions. According to 
Treasury officials, with financial agent Morgan Stanley's Capital 
Markets Disposition support to dispose of shares as instructed by the 
Treasury, Treasury has sold all of its 7.7 billion shares of Citigroup 
common stock. 

[76] TARP Conflicts of Interest, 74 Fed. Reg. 3431-3436 (Jan. 21, 
2009) (codified at 31 C.F.R. Part 31). With this action, Treasury put 
in place a set of clear requirements to address conflicts that may 
arise during the selection of retained entities seeking a contract or 
financial agency agreement with Treasury, particularly those involved 
in the acquisition, valuation, management, and disposition of troubled 
assets. 

[77] Consistent with our prior recommendations to renegotiate 
mitigation plans that predated the TARP conflicts-of-interest 
regulation, Treasury renegotiated contracts and mitigation plans with 
Ernst & Young, LLP and PricewaterhouseCoopers LLP, and the financial 
agency agreement and mitigation plan with Bank of New York Mellon. 

[78] GAO-09-161. We repeated this recommendation in 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). 

[79] See [hyperlink, http://www.gao.gov/products/GAO-11-174]. 

[80] A significant deficiency is a deficiency, or a combination of 
deficiencies, in internal control that is less severe than a material 
weakness, yet important enough to merit attention by those charged 
with governance. A material weakness is a deficiency, or a combination 
of deficiencies, in internal controls such that there is a reasonable 
possibility that a material misstatement of the entity's financial 
statements will not be prevented, or detected and corrected on a 
timely basis. A deficiency in internal control exists when the design 
or operation of a control does not allow management or employees, in 
the normal course of performing their assigned functions, to prevent 
or detect and correct misstatements on a timely basis. 

[81] Informed opinion refers to the judgment of agency staff or others 
who make subsidy estimates based on their programmatic knowledge, 
experience, or both. Informed opinion is considered an acceptable 
approach under Federal Accounting Standards Advisory Board Technical 
Release 6 when adequate historical data does not exist. 

[82] The tool and related guidance used by OFS in its TARP asset 
valuation process is provided to federal agencies for performing 
valuations under the Federal Credit Reform Act of 1990. 

[83] [hyperlink, http://www.gao.gov/products/GAO-10-743R]. 

[84] For example see Blinder, A. and M. Zandi, "How the Great 
Recession was Brought to an End", Unpublished Working Paper, (July 
2010). The crisis-driven interventions--both within and outside of 
TARP--can be roughly categorized into programs that: (1) provided 
capital directly to financial institutions, (2) enhanced financial 
institutions' access to liquid assets through collateralized lending 
or other credit facilities, (3) purchased nonperforming or illiquid 
assets, (4) guaranteed liabilities, (5) intervened in specific 
financial markets, and (6) mitigated home foreclosures. Some programs 
involved exceptional assistance to particular institutions such as AIG 
because of their systemic importance or supported particular markets, 
while others involved assistance to individuals through refinance or 
loan modification programs. 

[85] While there is general agreement that financial crises can result 
in costly interruptions to economic growth and the road to recovery 
can be long, economists differ in their views on the appropriate role 
for government policy. Therefore the debate is likely to continue on 
the effectiveness of the government response to this crisis. 

[86] Eligible TALF ABS include those backed by credit cards; auto, 
student, and equipment loans and leases; insurance premium finance 
loans; mortgage servicer advances; and floorplan loans, as well as SBA 
7a and SBA 504 securities as well as certain pre-existing, or "legacy" 
CMBS. Considering the excesses of the recent credit expansion, the 
desirability of returning to precrisis lending levels is debatable. 

[87] "Closed" means that no new agreements will be made but does not 
necessarily mean that no activity is occurring. Many programs involved 
equity investments, loans, and commitments that remain outstanding. 

[88] TALF expired on March 31, 2010, for loans backed by ABS and 
legacy CMBS, and in June 30, 2010, for loans backed by newly issued 
CMBS. 

[89] While we discuss the foreclosure inventory here, by any measure 
foreclosure and delinquency statistics for housing remain well above 
their historical averages. 

[90] As Treasury notes, not all foreclosures are preventable, given 
that many homeowners overextended themselves by purchasing homes that 
were not affordable to them in the long run or suffering from 
unanticipated life events that left them unable to pay their 
mortgages. It is possible that a large number of the trial 
modifications under HAMP and other MHA programs represent unavoidable 
foreclosures, complicating the ability to assess HAMP's effectiveness 
using foreclosure rates. 

[91] As of June 2010 the foreclosure rate was 4.57 percent, down 6 
basis points from March 2010. 

[92] See International Monetary Fund, United States: 2010 Article IV 
Consultation (July 2010). 

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

[94] [hyperlink, http://www.gao.gov/products/GAO-10-531]. 

[95] International Monetary Fund (2010). 

[96] A credit default swap index is a credit derivative used to hedge 
credit risk or to take a position on a basket of credit entities. 
Unlike a credit default swap, which is an over the counter credit 
derivative, a credit default swap index is a completely standardized 
credit security and may therefore be more liquid and trade at a 
smaller bid-offer spread. 

[97] These indicators, although imperfect, might inform the proper 
timing for winding down the remaining programs and liquidating any 
investments. 

[98] See appendix III for more information on our econometric model. 

[99] Because the economy was still fragile and downside risks 
remained, Treasury identified the need to retain resources to respond 
to threats to financial stability as an important consideration in 
deciding to extend TARP in December 2009. 

[100] See [hyperlink, http://www.gao.gov/products/GAO-11-174]. 

[101] We defined the outstanding value of small business loans at 
banks as commercial and industrial (C&I) and commercial real estate 
(CRE) loans of $1 million or less, and refer to these as small C&I and 
small CRE loans. At credit unions, the proxy for small business 
lending is the outstanding value of member business loans more than 
$50,000. These proxies for small business lending are consistent with 
reporting on the small business schedules of bank and credit union 
call reports. C&I loans, as defined by the Federal Financial 
Institutions Examination Council in the commercial bank call reports, 
include loans for commercial and industrial purposes to sole 
proprietorships, partnerships, corporations, and other business 
enterprises, whether secured (other than by real estate) or unsecured, 
single-payment, or installment. Also included are loans to individuals 
for commercial, industrial, and professional purposes, but not for 
investment or personal expenditure purposes. Commercial real estate 
loans are defined as loans for financing commercial and multifamily 
residential properties such as business and industrial properties, 
hotels, motels, churches, hospitals, and apartment buildings. The data 
we analyzed dates to 1993 for banks and 1997 for credit unions and was 
downloaded from SNL Financial. 

[102] Pursuant to the Credit Union Membership Access Act, enacted in 
1998, a credit union's member business loans may generally not exceed 
1.75 times its net worth or 12.25 percent of total assets. 

[103] The 7(a) program is the SBA's primary program used for working 
capital and other business needs, while the 504 program is typically 
used for purchasing long-term, fixed assets. 

[104] As reported in GAO-10-298R, under the Recovery Act enacted on 
February 17, 2009, SBA was required to implement eight new authorities 
to primarily help facilitate small business lending and enhance 
liquidity in the secondary markets. (Pub. L. No. 111-5, Division A, 
Title V, 123 Stat. 115, 151-161 (2009)). ARRA appropriated to SBA $730 
million to help small businesses, including $375 million to increase 
the SBA guarantee on 7(a) loans from 85 to 90 percent and to reduce or 
eliminate program fees on most 7(a) and 504 loans. The funds for the 
7(a) and 504 loan programs were exhausted on November 23, 2009. Since 
then, SBA has received $305 million in supplemental appropriations to 
support these programs. By May 26, 2010, SBA exhausted these 
supplemental appropriations. Recently passed legislation provides 
additional funding to further support these programs (Small Business 
Jobs Act of 2010, Pub. L. No. 111-240, § 1704, 124 Stat. 2504 (2010)). 

[105] Securitization is a process in which financial assets, such as 
loans or leases, are brought together into interest-bearing securities 
that are sold to investors. These securities, known as asset-backed 
securities, provide a source of liquidity for consumers and small 
businesses because financial institutions can take assets that they 
would otherwise hold on their balance sheets, sell them as securities, 
and use the proceeds to originate new loans, among other purposes. 

[106] The SLOOS Survey asks banks about demand and supply changes for 
loans to businesses and households over the past 3 months prior to the 
survey's publication. Questions to respondents include whether lending 
standards and terms have tightened or eased for commercial and 
industrial loans to small firms and to medium-sized and large firms. 

[107] The NFIB Research Foundation has collected Small Business 
Economic Trends data with quarterly surveys since 1974 and monthly 
surveys since 1986. The survey asks NFIB members about economic 
outlook, employment, earnings, sales, prices, credit conditions, 
interest rates, inventories, and capital outlays. The specific 
question used in our analysis is "During the last three months, 
was your firm able to satisfy its borrowing needs?" Respondents 
are NFIB members, with nearly half of all respondents from firms with 
five or fewer employees. In previous work we found that the 
composition of NFIB survey respondents is broadly representative of 
the size distribution of firms in the United States. However, we found 
that the survey over-represents some industries, including 
manufacturing and construction, while under-representing some skilled 
service industries. As such, respondents may not reflect the credit 
experiences of all firms in the economy. 

[108] Small businesses generally rely on depository institutions in 
part because they have difficulty directly accessing capital markets 
as an alternative source of financing, relative to larger 
corporations. We previously reported on this in GAO-10-531. In 
addition, according to our analysis in this appendix, small banks had 
a larger portion of their balance sheet devoted to small loans than 
large banks, although the total value of small loans was greater at 
large banks. 

[109] A spread is a difference between two numbers. In this case, it 
is the difference between the interest rate on small loans and the 
federal funds rate. The spread is the weighted-average effective loan 
rate for each category of loans over the average federal funds rate 
during the survey week. The weights are a function of the face amount 
of the loan, the outstanding C&I loans of the surveyed bank, the 
number of days during the week that the bank reports, and the fraction 
of the bank branches that report. The federal funds rate measures the 
cost of credit in the overnight market for balances at the Federal 
Reserve. 

[110] A basis point is a common measure used in quoting yields on 
bills, notes, and bonds. A basis point represents .01 percent, or one- 
hundredth of a percent. In other words, 100 basis points equals 1 
percent. For example, the difference between 1 percent and 1.5 percent 
would be expressed as 50 basis points. 

[111] Spreads for small loans at large banks have risen less 
dramatically--110 basis points from recent lows. However, these loans 
may not represent small business loans and may instead be small 
amounts drawn on loan commitments to large firms. 

[112] In both cases the correlations were significantly different from 
zero, well beyond conventional levels. The correlation was higher for 
small banks than large banks (0.69 vs. 0.59); however, based on a test 
for correlated correlations, the small bank correlation was not 
significantly different from the large bank correlation at the 10 
percent level. 

[113] Participants of the Federal Reserve System's Small Business 
Meeting Series, reported in a summary paper in July 2010 titled 
"Addressing the Financing Needs of Small Businesses," raised 
concerns that small businesses that are growing may not be able to 
access credit. NFIB survey data show 34.5 percent of respondents did 
not seek the credit that they wanted because they thought they would 
be denied. The question asked in NFIB's February 2010 "Small 
Business Credit In A Deep Recession," is "Since the beginning 
of the year, was there credit you wanted, but did not apply for 
because you didn't think you could get it?" In this same survey, 
respondents answered questions about whether they were denied certain 
kinds of credit. Denials included 20.6 percent for new credit cards, 
46.3 percent for loans, 49.7 percent for new lines of credit, and 22 
percent for extensions and renewals on lines of credit. 

[114] [hyperlink, http://www.gao.gov/products/GAO-10-531] and 
Congressional Oversight Panel, May Oversight Report: The Small 
Business Credit Crunch and the Impact of the TARP (Washington, D.C., 
May 13, 2010). 

[115] Federal law also has varying definitions of small business for 
different purposes. The Small Business Act defines "small business 
concern" for the purpose of federal small business programs as one 
that is independently owned and operated and is not dominant in its 
field of operation. 15 U.S.C. § 632(a)(1). The act authorizes SBA to 
establish size standards that further define small business for the 
purpose of these programs by such criteria as industry, number of 
employees, and annual receipts. 15 U.S.C. § 632(a)(2); 13 C.F.R. Part 
121. However, the U.S. bankruptcy code defines "small business debtor" 
as a person engaged in commercial or business activities with 
liquidated secured and unsecured debts not exceeding $2,000,000. 11 
U.S.C. § 101(51C). 

[116] This table represents the major sources of small business data 
but is not exhaustive of all publicly available small business data. 

[117] Pub. L. No. 111-203, 124 Stat. 1376 (2010). 

[118] This makes the analysis quite similar to a difference-in- 
difference approach. Changes in the TED spread also reflected in 
changes in the nonfinancial commercial paper spread are more likely to 
represent shocks specific to the banking system rather than systemic 
shocks to short term credit risk in the overall economy. 

[119] Carrying out an HAC adjustment in an event study context with 
dichotomous event variables (pulse dummies) can result in inconsistent 
standard errors and spurious findings under certain conditions. For 
example, see T. Fromby and J. Murfin, "Inconsistency of HAC 
Standard Errors in Event Studies with i.i.d. errors," Applied 
Financial Letters, vol. 1 (2005). Our results were not sensitive to 
this adjustment. 

[120] In one specification the announcement effect was marginally 
significant but remains economically quite small. 

[End of section] 

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