View original document

The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.

Congressional Oversight Panel: Congressional Oversight Panel Examines Use of Private Contractors in the TARP

External links, forms, and search boxes may not function within this collection. Url:
http://cop.senate.gov/press/releases/release-101410-contracting.cfm Archived: 23:14:39 Apr 01, 2011
[ hide ][ back ][ forward ]

Home

About
Us

Reports

Press

Hearings &
Testimony

Learn
More

Blog

Contact
Us

Home > Press > Congressional Oversight Panel Examines Use of Private Contractors in the TARP

Congressional Oversight Panel Examines Use of Private
Contractors in the TARP
October 14, 2010
For Immediate Release

Despite Treasury's Efforts, Significant Concerns Remain about
Accountability and Potential Conflicts
WASHINGTON, D.C. - The Congressional Oversight Panel today released its October
oversight report, "Examining Treasury's Use of Financial Crisis Contracting Authority."
The Panel found that Treasury's extensive use of private contractors in Troubled Asset
Relief Program (TARP) programs creates significant concerns about transparency and
potential conflicts of interest. Although Treasury has taken considerable steps to ensure
the appropriate use of private contractors, further improvements can and should be made.
Private businesses today perform many of the TARP's most critical functions, operating
under 91 different contracts worth up to $434 million. In fact, the vast majority of people
working on the TARP now receive their paychecks from private companies. Fannie Mae
alone employs 600 workers on TARP's foreclosure programs, while Treasury has only 220
staffers working on all TARP programs combined.
Treasury has made notable efforts to ensure that it has used private contractors properly.
For example, Treasury provided for competitive bidding for most of its contracts, and it
has established several layers of controls to monitor contractor performance and to
prevent conflicts of interest. This praise must be viewed in context, however. The
government contracting process is notoriously non-transparent, and although Treasury
appears to have performed well on a comparative basis, it remains capable of
improvement.
Significant concerns remain about the transparency and accountability of
private contractors. Contractors are immune to requests under the Freedom of
Information Act. They may hire subcontractors, and those subcontracts are not disclosed
to the public. Important information is buried in task orders that are never published in
any form, and Treasury publishes no meaningful information on contractors' performance
during the life of the contract. To address these concerns, the Panel recommended that
Treasury publish subcontracts online and provide regular, public updates on contractors'
performance.
The largest TARP contracts, provided to Fannie Mae and Freddie Mac, raise
particular concerns. Both Fannie Mae and Freddie Mac have a history of profound
corporate mismanagement, and both companies would have collapsed in 2008 were it not
for government intervention. Further, both companies have fallen short in aspects of their
performance, as Fannie Mae recently made a major data error in reporting on mortgage
redefaults and Freddie Mac has had difficulty meeting its assigned deadlines. The Panel
explored these concerns in a detailed case study.

http://cybercemetery.unt.edu/archive/cop/20110401231439/http://cop.senate.gov/press/releases/release-101410-contracting.cfm[12/15/2015 11:57:34 AM]

Congressional Oversight Panel: Congressional Oversight Panel Examines Use of Private Contractors in the TARP

Because private businesses seek private profit and may serve many clients
with different motives, their work may create conflicts of interest. For example,
some of the law firms providing advice to Treasury have also advised banks that received
TARP funds. Treasury has taken steps to prevent conflicts of interest, but it relies
primarily on contractors and agents to self-disclose their own conflicts. The Panel
recommended that Treasury develop an independent mechanism for monitoring conflicts
that makes it less reliant on contractors and agents for information.
The full report is available at cop.senate.gov.
The Congressional Oversight Panel was created to oversee the expenditure of the
Troubled Asset Relief Program (TARP) funds authorized by Congress in the Emergency
Economic Stabilization Act of 2008 (EESA) and to provide recommendations on
regulatory reform. The Panel members are Senator Ted Kaufman (D-DE); J. Mark
McWatters; Richard H. Neiman, Superintendent of Banks for the State of New York;
Damon Silvers, Policy Director and Special Counsel for the AFL-CIO;and Kenneth
Troske, William B. Sturgill Professor of Economics at the University of Kentucky.

What is RSS? | Privacy

http://cybercemetery.unt.edu/archive/cop/20110401231439/http://cop.senate.gov/press/releases/release-101410-contracting.cfm[12/15/2015 11:57:34 AM]