March 25, 2009 The Honorable Harry Reid The Honorable Mitch McConnell Majority Leader Minority Leader United States Senate United States Senate 522 Hart Senate Office Building 361‐A Russell Senate Office Building Washington, DC 20510 Washington, DC 20510 The Honorable Max Baucus The Honorable Charles Grassley Chairman Ranking Member Committee on Finance Committee on Finance 219 Dirksen Senate Office Building 219 Dirksen Senate Office Building Washington, DC 20510 Washington, DC 20510 Dear Senators Reid, McConnell, Baucus, and Grassley: The undersigned trade associations oppose legislation that would undermine efforts to stabilize the financial system by imposing punitive taxes on hundreds of thousands of American workers employed by firms participating in the Troubled Asset Relief Program (TARP). Although we understand the public outrage resulting from AIG bonus payments, the legislation before the Senate is an extreme response that will delay the economic recovery by undermining the effectiveness of programs created to restore the flow of credit. Congress understandably holds as its highest priority the mandate to protect taxpayers’ investment in firms receiving federal funds. We strongly agree that taxpayer dollars must be used wisely to restore the public’s trust and to ensure the success of the TARP and other federal programs. We are committed to working with Congress to reform compensation practices and ensure proper oversight of the TARP. However, H.R. 1586 and S. 651 do not provide for oversight of taxpayer funds. Rather, these bills represent an unprecedented effort by the federal government to punish hundreds of thousands of employees by imposing confiscatory taxes on contractually guaranteed compensation for work performed over the past year. We urge Congress to carefully consider the economic impact of these restrictions. The retroactive imposition of such severe penalties will result in institutions repaying government funds and exiting the TARP, thereby draining billions of dollars of capital from the financial system and billions more in new loans. Moreover, retroactively moving the goalposts sends an ominous signal to institutions that are considering participation in the government’s new foreclosure mitigation programs, including the Term Asset‐Backed Securities Loan Facility and the newly‐announced Public Private Partnership Investment Program.
These programs were designed to stabilize the financial system, restore the flow of credit and assist homeowners. Their success depends on broad participation by financial institutions and businesses with private capital. The proposed legislation will undoubtedly discourage participation in these programs and undermine their effectiveness. We urge you to oppose the pending legislation. Punishing hundreds of thousands of workers with taxes of up to 90 percent will not improve TARP oversight or address broader concerns about compensation practices. Rather, it will have the unintended consequence of undermining programs aimed at bolstering consumer credit and stabilizing the economy. American Bankers Association American Financial Services Association Financial Services Forum Financial Services Roundtable Mortgage Bankers Association Securities Industry and Financial Markets Association