Four days after narrowly defeating a $700 billion bill to rescue financial
markets, the House approved a largely similar measure 263-171 on Friday, October
3—sending it to President Bush for his signature.
The bill authorizes the federal purchase of troubled assets from banks and
other financial institutions to avert a systemic Wall Street failure. Firms
participating in the program would have to agree to curbs on executive pay.
The pay provisions have remained intact since a bipartisan agreement was
announced on September 28 after more than a week of sometimes tense
congressional negotiations.
The final bill was amended by the Senate to include a raft of tax breaks,
higher limits on deposit insurance and legislation that would require cost and
coverage parity between mental health and medical benefits in insurance plans
that offer both.
Following the 228-205 House defeat of the bill on September 29, the stock
market plummeted 777 points. Seeking to give the measure new momentum, the
Senate added sweeteners and passed it 74-25 on Wednesday night, October 1.
Ever since the initial House failure, fostered by caustic constituent
reaction to the bailout proposal, business groups and other proponents have
fiercely lobbied wavering lawmakers.
They warned that the bill’s demise could grind the Main Street economy to a
halt, pointing out that a credit freeze already was severely limiting loans for
consumers, students and businesses.
The gravity of the moment was apparent during the House debate on Friday.
Minority Leader John Boehner, R-Ohio, described the decision as “probably one of
the most serious votes we’ll ever cast.”
The Bush administration and the business community initially were cool to
including executive pay restrictions in the package. But the provisions were
part of the oversight added to the bill to secure bipartisan support. The
original three-page administration proposal grew into the 110-page final
measure bailout portion of the final measure.
“Our message to Wall Street is, the party is over,” House Speaker Nancy
Pelosi, D-California, said in a floor speech just before Friday’s vote.
Under the bill, a company that sells assets directly to the government would
be barred from giving golden parachute severance packages to departing
executives and would be compelled to “exclude incentives for executive officers
… to take unnecessary and excessive risks.” The company also would have to
recover bonus or incentive compensation paid to a senior executive based on
performance measures that later proved inaccurate.
If a firm sells more than
$300 million in assets to the government at an auction, it would be prohibited
from offering golden parachutes to newly hired senior executives. The company
would be subject to a 20 percent excise tax on golden parachute payments to
fired executives. Compensation above $500,000 would not be
tax-deductible.
“It’s not unreasonable for the government to have control and
oversight on compensation for companies that sell assets to the government,”
said Tom Lehner, policy director at the Business Roundtable, a Washington group
representing CEOs of large companies.
It won’t be clear how restrictions on
executive compensation will work until the Treasury Department writes
corresponding regulations.
Charles Tharp, executive vice president for policy
at the Center on Executive Compensation in Washington, is concerned that
amorphous definitions could hamper corporations.
“I don’t know how you comply
with vague statements like ‘inappropriate’ or ‘excessive’ risk,” Tharp said. “I
don’t know what excessive risk is. It really ties the hands of the board.”
He
also warned that the golden parachute limits could prevent weak firms from
finding new leaders. “Severance gives someone an incentive to join a troubled
company and turn it around,” Tharp said.
The bill also changes rules
governing health insurance plans that cover 113 million people. The mental
health parity measure does not mandate that insurers offer mental health
coverage. But if they do, it cannot be more restrictive than coverage for
medical and surgical benefits.
Under current law, lifetime annual benefits
for each category must be on par. The parity measure requires equality for
deductibles, co-payments, out-of-pocket expenses, coinsurance, covered hospital
days and covered outpatient visits.
The legislative journey for the mental
health bill included a unique collaboration among business groups, insurance
companies and mental health advocates who forged a compromise over three years
of negotiations.
The bill would “end the discrimination against those who
seek treatment for mental illness,” Pelosi said.
—Mark Schoeff Jr.
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