The spending authorization under the bailout plan is
NOT $700 billion. It is actually
UNLIMITED. Here is a thread on the topic:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x4147701Under both the House and Senate bills, Henry Paulson is empowered to purchase as many troubled assets as he pleases as long as the assets, once purchased, are re-sold.
The phrase
"outstanding at any one time" qualifies all dollar caps in Section 115 of both the House and Senate bills. One paragraph of the proposed statute-- Section 115(a)(1)-- authorizes immediate discretionary spending by the Secretary of the Treasury limited to "$250 billion outstanding at any one time." This paragraph alone allows expenditures (and potential taxpayer losses) well in excess of $700 billion.
Here is a scenario in which the $250 billion cap is never exceeded yet the program quickly costs taxpayers well in excess of $700 billion. Henry Paulson buys $100 billion in "troubled assets" every week, then sells those assets the next week for 10 cents on the dollar. Each time this happens a $90 billion loss is incurred. In just 3 months, this process could result in a dead loss to taxpayers of a trillion dollars.
The "outstanding at any one time" qualification also establishes perverse incentives. Instead of the more prudent approach of buying and holding better assets until the market strengthens, the incentive is to buy assets indiscriminately and to re-sell immediately. This is the very "fire-sale" approach which the bailout plan was supposedly designed to avoid.
Much of this buying and selling is made specifically subject to the Secretary of the Treasury's (Hank Paulson's) discretion. For the non-lawyers out there: matters committed by statute to agency discretion are generally unreviewable by the courts.