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GAO-11-906R: 

United States Government Accountability Office: 
Washington, DC 20548: 

September 16, 2011: 

Congressional Committees: 

Subject: Troubled Asset Relief Program: Status of GAO Recommendations 
to Treasury: 

Nearly 3 years ago, the Emergency Economic Stabilization Act of 2008 
(EESA) authorized the creation of the Troubled Asset Relief Program 
(TARP) to address the most severe crisis that the financial system had 
faced in decades.[Footnote 1] EESA provided GAO with broad oversight 
authorities for actions taken under TARP and required that we report 
at least every 60 days on TARP activities and performance. Our 
oversight and reporting has resulted in 69 performance audit 
recommendations and matters for congressional consideration to improve 
TARP's accountability and transparency. Sixty of the performance audit 
recommendations have been directed to the U.S. Department of the 
Treasury (Treasury), the primary agency responsible for TARP programs. 
[Footnote 2] While Treasury has taken a number of steps to address 
many of our recommendations, some recommendations remain outstanding. 

This 60-day report describes the status of our TARP performance audit 
recommendations to Treasury as of September 2011.[Footnote 3] In 
particular, this report discusses Treasury's implementation of our 
recommendations, focusing particularly on two cross-cutting issues-- 
communications and staffing--and two major TARP programs, the Capital 
Purchase Program (CPP), which supports certain U.S. financial 
institutions, and Making Home Affordable (MHA), which is a collection 
of housing programs designed to help certain homeowners avoid 
foreclosure. Enclosure I provides the status of recommendations we 
have made since 2008, by report. 

To determine the status of Treasury's implementation of TARP 
recommendations, we assessed public and internal documentation, 
including data, policies, and procedures, and spoke with Treasury 
officials. We conducted this performance audit from June 2011 through 
September 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: 

Of the TARP recommendations we have made, some were program-specific 
while others addressed cross-cutting issues like staffing and 
communications. Our program-specific recommendations have focused on 
the following TARP initiatives:[Footnote 4] 

* American International Group (AIG) (formerly Systemically 
Significant Failing Institutions Program), which provided support to 
AIG to avoid disruptions to financial markets from its failure. 

* Automotive Industry Financing Program (AIFP), which aimed to prevent 
a significant disruption of the American automotive industry through 
government investments in the major automakers. 

* Capital Assessment Program (CAP), which was created to provide 
capital to institutions not able to raise it privately to meet 
Supervisory Capital Assessment Program (SCAP)--or "stress test"--
requirements. This program was never used. 

* CPP, which was designed to provide capital to financially viable 
financial institutions through the purchase of preferred shares and 
subordinated debentures. 

* Consumer and Business Lending Initiative, which consists of multiple 
programs: 

- The Community Development Capital Initiative (CDCI) provided capital 
to Community Development Financial Institutions by purchasing 
preferred stock. 

- SBA 7(a) Securities Purchase Program provided liquidity to secondary 
markets for government-guaranteed small business loans in SBA's 7(a) 
loan program. 

- Term Asset-backed Securities Loan Facility (TALF) provided liquidity 
in securitization markets for various asset classes to improve access 
to credit for consumers and businesses. 

* MHA, which includes, among other housing programs: 

- The Home Affordable Modification Program (HAMP), under which 
Treasury shares the cost of reducing monthly payments on first-lien 
mortgages with mortgage holders/investors and provides financial 
incentives to servicers, borrowers, and mortgage holders/investors for 
loans modified under the program. 

- The Second-Lien Modification Program, which provides incentives for 
second-lien holders to modify or extinguish a second-lien mortgage 
when a HAMP modification has been initiated on the first-lien mortgage 
for the same property. 

- Home Affordable Foreclosure Alternatives provides incentives for 
short sales and deeds-in-lieu of foreclosure as alternatives to 
foreclosure for borrowers who are unable or unwilling to complete the 
HAMP first-lien modification process. 

Treasury Has Implemented Three-Quarters of Our TARP Recommendations, 
but a Number Related to CPP and the Housing Programs Remain Open: 

Treasury has addressed most TARP recommendations that we have made 
since issuing our first report in 2008. Of 60 recommendations that 
were directed to Treasury, 45 had been implemented as of September 
2011, including those related to communication and staffing (see 
figure 1).[Footnote 5] Treasury has partially implemented five of the 
recommendations, meaning that it has taken some steps to implement the 
recommendations but needs to take further actions to fully implement 
them. Seven of our recommendations remain open--that is, Treasury has 
not taken steps to implement the recommendations. Among these are 
recommendations directed at CPP and the housing programs under MHA. 
Another three recommendations are closed, but not implemented, 
reflecting Treasury's decision not to take action. For example, 
Treasury has indicated that it does not intend to assess whether 
borrowers with high debt-to-income ratios actually receive housing 
counseling required as a condition for MHA program participation or 
establish specific criteria for servicers to use in determining 
whether a borrower is in imminent danger of default during the MHA 
eligibility assessment process. 

Figure 1: Number and Status of TARP Recommendations to Treasury: 

[Refer to PDF for image: 5 pie-charts] 

Overall: 
Closed (not implemented): 3; 
Open: 7; 
Partially implemented: 5; 
Implemented: 45. 

Select issues and programs: 

Communication with stakeholders: 
Implemented: 5. 

Staffing: 
Implemented: 5. 

Capital Purchase Program (CPP): 
Open: 2; 
Implemented: 6. 

Making Home Affordable (MHA): 
Closed (not implemented): 2; 
Open: 4; 
Partially implemented: 4; 
Implemented: 7. 

Note: For communication and staffing recommendations that are program 
specific, we categorized them under their respective programs. 

Source: GAO. 

Treasury Has Responded to Our Recommendations for Improving Its 
Communication and Staffing Strategies: 

When Treasury first created the Office of Financial Stability (OFS) to 
administer TARP, the new office did not always clearly communicate its 
goals and objectives for TARP to the public and to Congress. A number 
of our early recommendations were directed specifically at improving 
the way OFS communicates with external stakeholders, including 
Congress. For example, in 2008 and 2009 we recommended that OFS 
formalize its communication strategy and clearly articulate its vision 
for TARP. OFS took steps to address these recommendations starting in 
2009 and has now fully implemented all of them. In particular, in 
March 2011 OFS hired its own senior liaison for legislative affairs to 
focus on sharing TARP-specific information with Congress and to answer 
questions about TARP programs. However, we will continue to monitor 
this issue while Treasury carries out its housing-related programs and 
unwinds remaining TARP programs. 

Treasury has also enhanced its workforce planning to better anticipate 
and address current and future staffing challenges. As we have 
previously reported, Treasury initially staffed OFS with detailees 
from other federal agencies and newly hired term appointments. 
[Footnote 6] Now that OFS has become more established, it no longer 
has detailees from other agencies and has been detailing some of its 
staff to other Treasury programs, such as the Small Business Lending 
Fund (SBLF).[Footnote 7] OFS staffing numbers have also generally 
stabilized, although they have declined slightly since we last 
reported on this issue. Specifically, as of July 2011, OFS had 207 
employees compared to 219 in September 2010. More than half of OFS's 
staff are in term appointments that will expire over the next 3 years. 
[Footnote 8] 

Given these characteristics of OFS staffing, we recommended that OFS 
finalize its staffing plan to help ensure that it could retain and 
attract the requisite expertise and that the plan address staffing 
turnover for term-appointed employees, including key Senior Executive 
Service (SES) positions. This year Treasury addressed this 
recommendation by completing a staffing plan that considered the 
potential challenges that OFS faces. For example, OFS has identified 
critical personnel, including those in term appointments, and 
potential successors for them. This plan should help Treasury prepare 
for staff turnover as term appointments expire throughout the office. 
The plan should also help OFS maintain important expertise for housing 
programs and asset management as the remaining TARP programs wind 
down. We will continue to review workforce planning documentation and 
expect to issue a report in January 2012 with updates on OFS's 
staffing. 

Treasury Has Applied Lessons Learned from CPP but Has not Taken Action 
to Monitor Regulators' CPP Repayment Decisions: 

Treasury has implemented our recommendation to apply lessons learned 
from CPP to SBLF but has not taken action to monitor regulators' CPP 
repayment decisions. Our October 2010 report recommended that Treasury 
apply lessons learned to programs containing elements similar to those 
of CPP.[Footnote 9] Specifically, we recommended that when 
implementing SBLF, Treasury should better ensure that similar 
applicants are treated equitably by establishing a process for 
collecting and evaluating information from bank regulators on all 
applicants that withdraw from consideration in response to a 
regulator's recommendation. For SBLF, the roles of Treasury and the 
regulators have been modified: Treasury officials make the 
recommendations for approval and withdrawal with final approval made 
by the Treasury Deputy Assistant Secretary for Small Business, 
Community Development, and Affordable Housing Policy. The role of the 
regulators is to provide supervisory information and a viability 
assessment to Treasury, with Treasury also independently conducting a 
credit analysis of each applicant. To help ensure consistent treatment 
of applicants, Treasury created an application review committee that 
reviews all applicants when the federal regulator's input concluded 
that the applicant was not viable for the program. Treasury's lead 
role in recommending applicants for funding and this additional review 
step should help to ensure that applicants receive consistent 
treatment in investment decisions.[Footnote 10] 

However, Treasury has no plans to review and provide feedback to 
regulators on their CPP repayment decisions. Similar to the 
recommendation in our June 2009 report, we recommended in October 2010 
that Treasury periodically collect and review information on the 
analysis supporting regulators' decisions on CPP repayment requests 
and provide feedback for regulators' consideration on the extent to 
which similar institutions are being evaluated consistently.[Footnote 
11] Although Treasury agrees with the objectives of our 
recommendation, it has not implemented this recommendation, citing 
concerns that this recommendation raises questions about how to 
balance the goals of consistency with the need to respect regulators' 
independence. Treasury also stated that it does not have access to 
confidential supervisory information that regulators may use in making 
repayment decisions, potentially limiting the information collection 
and review envisioned in our recommendation. But as we noted in our 
2010 report, the two regulators with responsibility for most CPP 
repayment requests document their analysis in much the same way that 
they document the analysis they send to Treasury when recommending CPP 
applicants. As a result, we recommended that Treasury collect and 
review this type of documentation. We continue to believe that because 
CPP is a TARP program, Treasury has a responsibility to help ensure 
that participants are being treated equitably and that this can be 
achieved in a way that balances the goals of consistency and respect 
for the independence of regulators. 

Continued Attention on Recommendations Intended to Improve the Housing 
Programs Is Needed: 

Since 2009, we have issued a series of reports and testimonies on MHA 
programs, including four reports and testimonies that were issued this 
year.[Footnote 12] Through these products, we have made 17 
recommendations to improve Treasury's MHA programs. Treasury has taken 
actions to implement some of our recommendations, including the 
following:[Footnote 13] 

* In 2010, we reported that some servicers that we contacted were not 
systematically tracking HAMP complaints or their resolutions-- 
potentially resulting in inconsistent treatment of similarly situated 
borrowers. Treasury subsequently revised its guidelines to servicers 
for MHA programs on the types of borrower complaints they are to 
track, including requirements related to the tracking and timeliness 
of the handling and escalation process for these complaints. 

* In 2010, we found significant variations in servicers' quality 
assurance programs for HAMP. Treasury has since issued program 
guidelines that provided additional clarification on servicers' 
responsibilities for developing and executing an effective internal 
quality assurance program covering MHA activities. 

* In 2010, we reported that Treasury had not formalized a policy to 
assess remedies or established specific consequences or penalties for 
servicer noncompliance with HAMP guidelines. Consequently, Treasury 
has begun publishing quarterly assessments of the performance of 
participating servicers in meeting the requirements for implementing 
MHA programs and has imposed monetary sanctions on servicers that have 
been identified as needing to substantially improve their performance 
in meeting MHA program requirements. 

While Treasury has implemented or partially implemented some of our 
recommendations related to its MHA programs, continued attention to 
our other MHA-related recommendations is needed. In March 2011 we 
reported on the implementation of newer MHA programs, specifically the 
TARP-funded second-lien modification, foreclosure alternatives, and 
principal reduction programs. Similar to the problems we identified 
with HAMP, we noted that Treasury has experienced challenges in 
implementing the newer MHA programs. For example, we noted that 
relatively few second liens had been modified under MHA and that more 
could be done to inform potentially eligible borrowers about the 
program. We also reported that the majority of servicers for which 
readiness reviews had been conducted had not provided all the 
documentation required to demonstrate that the key tasks needed to 
support the newer MHA programs were in place, and consequently 
recommended that Treasury ensure that these servicers have the 
operational capacity and infrastructure in place to successfully 
implement the newer MHA programs. Lastly, we reported that while 
Treasury had begun reporting the outcomes for borrowers who had been 
denied or canceled from HAMP trial modification, weaknesses in 
Treasury's data collection hampered its ability to determine whether 
borrowers were receiving effective assistance outside of HAMP and 
whether additional actions may be needed to assist them. To date, 
Treasury has agreed with the recommendations but has not yet 
implemented any of these recommendations. 

Agency Comments and Our Evaluation: 

We provided Treasury a draft copy of this report for review and 
comment and we received written comments from the Assistant Secretary 
for Financial Stability, which are reprinted in enclosure II. In its 
written comments, Treasury agreed with our characterization of the 
progress Treasury has made implementing our recommendations to improve 
the accountability and transparency of TARP. Treasury also noted that 
it continues to work with the banking agencies regarding our 
recommendation related to CPP. As we state in the report, we continue 
to believe that Treasury can take steps to achieve greater consistency 
while also respecting regulatory independence. Finally, Treasury 
stated that it continues to work to address our MHA recommendations 
that remain open. We will continue to evaluate information that 
Treasury provides about its progress implementing the remaining open 
recommendations. 

We are sending copies of this report to the appropriate congressional 
committees. This report will also be available at no charge on our Web 
site at [hyperlink, http://www.gao.gov]. 

Should you or your staff have questions concerning this report, please 
contact me at (202) 512-8678 or clowersa@gao.gov. Contact points for 
our Offices of Congressional Relations and Public Affairs may be found 
on the last page of this report. Key contributors to this report are 
listed in enclosure III. 

Signed by: 

A. Nicole Clowers:
Director:
Financial Markets and Community Investment: 

Enclosures: 

List of Congressional Committees: 

The Honorable Daniel K. Inouye: 
Chairman: 
The Honorable Thad Cochran: 
Vice Chairman: 
Committee on Appropriations: 
United States Senate: 

The Honorable Tim Johnson: 
Chairman: 
The Honorable Richard C. Shelby: 
Ranking Member: 
Committee on Banking, Housing, and Urban Affairs: 
United States Senate: 

The Honorable Kent Conrad: 
Chairman: 
The Honorable Jeff Sessions: 
Ranking Member: 
Committee on the Budget: 
United States Senate: 

The Honorable Max Baucus: 
Chairman: 
The Honorable Orrin G. Hatch: 
Ranking Member: 
Committee on Finance: 
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 Levin: 
Ranking Member: 
Committee on Ways and Means: 
House of Representative: 

[End of section] 

Enclosure I: 

Status of TARP Recommendations by Product, as of September 2011: 

The following table summarizes the status of TARP recommendations that 
we have made to date. We classify each recommendation as implemented, 
partially implemented (the agency took steps to implement the 
recommendation but more work remains), open (the agency has not taken 
steps to implement the recommendation), and closed, not implemented 
(the agency decided not to take action to implement the 
recommendation). 

Troubled Asset Relief Program: Additional Actions Needed to Better 
Ensure Integrity, Accountability, and Transparency: GAO-09-161, 
December 2, 2008: 

GAO Recommendations: 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 the Capital Purchase Program (CPP) and help 
ensure an appropriate level of accountability and transparency; 
Status: Implemented. 

GAO Recommendations: 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 Recommendations: 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: Implemented. 

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

Troubled Asset Relief Program: Status of Efforts to Address 
Transparency and Accountability Issues: GAO-09-296, January 30, 2009: 

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

GAO Recommendations: Communicate a clearly articulated vision for TARP 
and show 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 Recommendations: Continue to expeditiously hire personnel needed 
to carry out and oversee TARP; 
Status: Implemented. 

GAO Recommendations: 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 Recommendations: 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 Recommendations: 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 Recommendations: 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. 

Troubled Asset Relief Program: March 2009 Status of Efforts to Address 
Transparency and Accountability Issues: GAO-09-504, March 31, 2009: 

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

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

Troubled Asset Relief Program: June 2009 Status of Efforts to Address 
Transparency and Accountability Issues: GAO-09-658, June 17, 2009: 

GAO Recommendations: 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 Recommendations: In consultation with the Chairmen of the Federal 
Deposit Insurance Corporation (FDIC) and 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 Recommendations: Fully implement a communication strategy that 
ensures that all key congressional stakeholders are adequately 
informed and kept up to date about TARP; 
Status: Implemented. 

GAO Recommendations: 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 Recommendations: 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 Recommendations: To help improve the transparency of the 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[A]. 

Troubled Asset Relief Program: Treasury Actions Needed to Make the 
Home Affordable Modification Program More Transparent and Accountable: 
GAO-09-837, July 23, 2009: 

GAO Recommendations: 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 
assess 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 Recommendations: 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 Recommendations: 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: Implemented. 

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

GAO Recommendations: 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: Implemented. 

GAO Recommendations: 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. 

Troubled Asset Relief Program: One Year Later, Actions Are Needed to 
Address Remaining Transparency and Accountability Challenges: GAO-10- 
16, October 8, 2009: 

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

Troubled Asset Relief Program: Continued Stewardship Needed as 
Treasury Develops Strategies for Monitoring and Divesting Financial 
Interests in Chrysler and GM: GAO-10-151, November 2, 2009: 

GAO Recommendations: 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 Recommendations: 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: Implemented. 

GAO Recommendations: 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: Implemented. 

Troubled Asset Relief Program: Treasury Needs to Strengthen Its 
Decision-Making Process on the Term Asset-Backed Securities Loan 
Facility: GAO-10-25, February 5, 2010: 

GAO Recommendations: To enable GAO to audit TARP support for the 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 [B]. 

GAO Recommendations: 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 OFS to 
continue to give greater attention to reviewing risks posed by 
commercial mortgage-backed securities; 
Status: Implemented. 

GAO Recommendations: 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 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 the 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 Recommendations: 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 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. 

Troubled Asset Relief Program: Further Actions Needed to Fully and 
Equitably Implement Foreclosure Mitigation Programs: GAO-10-634, June 
24, 2010: 

GAO Recommendations: Establish clear and specific criteria for 
determining whether a borrower is in imminent default to ensure 
greater consistency across servicers; 
Status: Closed, not implemented. 

GAO Recommendations: 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: Implemented. 

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

GAO Recommendations: 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: Partially implemented. 

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

GAO Recommendations: 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: Partially implemented. 

GAO Recommendations: 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: Partially implemented. 

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

Troubled Asset Relief Program: Treasury's Framework for Deciding to 
Extend TARP Was Sufficient, but Could be Strengthened for Future 
Decisions: GAO-10-531, June 30, 2010: 

GAO Recommendations: 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 Recommendations: 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. 

Troubled Asset Relief Program: Bank Stress Test Offers Lessons as 
Regulators Take Further Actions to Strengthen Supervisory Oversight: 
GAO-10-861,September 29, 2010: 

GAO Recommendations: 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[A]. 

GAO Recommendations: 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[A]. 

GAO Recommendations: 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[A]. 

GAO Recommendations: 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[A]. 

GAO Recommendations: 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[A]. 

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: GAO-11-47, October 4, 
2010: 

GAO Recommendations: Apply lessons learned from the implementation of 
CPP to similar programs, such as Small business Lending Fund (SBLF), 
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: Implemented. 

GAO Recommendations: 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. 

Troubled Asset Relief Program: Status of Programs and Implementation 
of GAO Recommendations: GAO-11-74, January 12, 2011: 

GAO Recommendations: 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; 
Status: Implemented. 

Troubled Asset Relief Program: Treasury Continues to Face 
Implementation Challenges and Data Weaknesses in Its Making Home 
Affordable Program: GAO-11-288, March 17, 2011: 

GAO Recommendations: Require servicers to advise borrowers to notify 
their second-lien servicers once a first lien has been modified under 
HAMP to reduce the risk that borrowers with modified first liens are 
not captured in the Lender Processing Services (LPS) matching database 
and, therefore, are not offered second-lien modifications; 
Status: Open. 

GAO Recommendations: Ensure that servicers demonstrate they have the 
operational capacity and infrastructure in place to successfully 
implement the requirements of the Second-Lien Modification (2MP), Home 
Affordable Foreclosure Alternatives (HAFA), and Principal Reduction 
Alternative (PRA) programs; 
Status: Open. 

GAO Recommendations: Consider methods for better capturing outcomes 
for borrowers who are denied, canceled, or redefaulted from HAMP, 
including more accurately reflecting what actions are completed or 
pending and allowing for the reporting of multiple concurrent 
outcomes, in order to determine whether borrowers are receiving 
effective assistance outside of HAMP and whether additional actions 
may be needed to assist them; 
Status: Open. 

Source: GAO. 

Notes: This table does not include the 29 recommendations related to 
the fiscal year 2009 and 2010 financial audits as detailed in GAO-11- 
434R. Nor does the table include a recommendation directed at the 
Secretary of Labor, along with a matter for congressional 
consideration, from the TARP report on AIFP (GAO-11-471). 

[A] These recommendations were made to the Board of Governors of the 
Federal Reserve System. 

[B] This is a matter for Congressional consideration related to the 
TALF program. 

[End of table] 

[End of enclosure] 

Enclosure II: 

Comments from the Department of the Treasury: 

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

September 13, 2011: 

A. Nicole Clowers: 
Director: 
Financial Markets and Community Investment: 
U.S. Government Accountability Office: 
441 G Street, NW: 
Washington, DC 20548: 

Dear Ms. Clowers: 

Thank you for providing the Department of the Treasury ("Treasury") an 
opportunity to review your draft report on the Troubled Asset Relief 
Program (TARP) titled, Status of GAO Recommendations to Treasury 
("Draft Report"). We welcome GAO's recognition that Treasury has 
implemented, or is in the process of implementing, most of the TARP-
related recommendations that GAO has made since it issued its first 
TARP report in 2008. We also appreciate the Draft Report's specific 
acknowledgment that the Office of Financial Stability ("OFS") has 
fully implemented recommendations to improve its communication 
strategy and enhance its workforce planning. 

In addition, Treasury welcomes its ongoing dialogue with GAO regarding 
GAO's remaining recommendations, including on the Capital Purchase 
Program ("CPP") and the Making Home Affordable ("MHA") program. As you 
acknowledge in the report, we have had certain concerns with respect 
to these remaining recommendations. These include, in the case of the 
CPP recommendation, how to insure consistency with the need to respect 
regulators' independence. Nevertheless, Treasury continues to work 
with the banking agencies to achieve the objective of this 
recommendation. In the case of the MHA recommendations, which pertain 
primarily to newer initiatives, we are continuing to assess the 
operational challenges, impact to borrowers, and available resources 
in determining implementation feasibility. We look forward to updating 
you on our progress. 

Treasury values GAO's recommendations as we continue our efforts to 
promote financial stability. 

Sincerely, 

Signed by: 

Timothy G. Massed: 
Assistant Secretary for Financial Stability: 

[End of enclosure] 

Enclosure III: 

GAO Contact and Staff Acknowledgments: 

GAO Contact: 

A. Nicole Clowers, (202) 512-8678 or clowersa@gao.gov: 

Staff Acknowledgments: 

In addition to the contacts named above, Daniel Garcia-Diaz, Kay 
Kuhlman, Harry Medina, Raymond Sendejas, and Karen Tremba (Lead 
Assistant Directors), along with Kevin Averyt, Emily Chalmers, John 
Forrester, Christopher Forys, Heather Krause, Robert Lee, Marc Molino, 
and Emily Owens made key contributions to this report. 

[End of enclosure] 

Footnotes: 

[1] EESA, Pub. L. No. 110-343, 122 Stat. 3765 (2008), codified at 12 
U.S.C. §§ 5201 et seq. EESA was enacted on October 3, 2008. 

[2] Six recommendations, for the Capital Assessment Program and the 
Supervisory Capital Assessment Program, were directed to the Board of 
Governors of the Federal Reserve System (see reports [hyperlink, 
http://www.gao.gov/products/GAO-09-658] and [hyperlink, 
http://www.gao.gov/products/GAO-10-861] in enclosure I). Another 
recommendation, for the Automotive Industry Financing Program (AIFP), 
was directed to the Department of Labor (see [hyperlink, 
http://www.gao.gov/products/GAO-11-471]). In addition, we made two 
matters for congressional consideration related to the Term Asset-
Backed Securities Loan Facility and AIFP (see [hyperlink, 
http://www.gao.gov/products/GAO-10-25] and [hyperlink, 
http://www.gao.gov/products/GAO-11-471]). 

[3] Our financial audit recommendations will be updated in a separate 
product. 

[4] This list includes TARP programs for which we have made 
recommendations. Comprehensive information on all TARP programs can be 
found in our two previous anniversary reports: GAO, Troubled Asset 
Relief Program: Status of Programs and Implementation of GAO 
Recommendations, [hyperlink, http://www.gao.gov/products/GAO-11-74] 
(Washington, D.C.: Jan. 12, 2011) and 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). 

[5] In addition to our 69 performance audit recommendations and 
matters for congressional consideration, we made 29 recommendations to 
Treasury in our financial audits. Of the 29 financial audit 
recommendations, 16 have been implemented (as reported in Management 
Report: Improvements Are Needed in Internal Control Over Financial 
Reporting for the Troubled Asset Relief Program, [hyperlink, 
http://www.gao.gov/products/GAO-11-434R] [Washington, D.C.: Apr. 18, 
2011]) and 13 remain open and are being reassessed as part of our 2011 
financial statement audit. 

[6] [hyperlink, http://www.gao.gov/products/GAO-11-74]. 

[7] SBLF was created by the Small Business Jobs Act of 2010, Pub. L. 
No. 111-240, 124 Stat. 2504 (2010), enacted on September 27, 2010. 
SBLF is a $30 billion capital support program that encourages small 
and midsize banks and community development loan funds to lend to 
small businesses. 

[8] [hyperlink, http://www.gao.gov/products/GAO-11-74] includes more 
detailed information on staffing trends from November 2008 through 
September 2010. According to Treasury officials, OFS had 207 staff as 
of July 6, 2011, with 115 term appointments. 

[9] GAO, 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). 

[10] The Small Business Jobs Act of 2010 requires that GAO annually 
report on the SBLF program. We anticipate issuing a report on this 
program later this year that will assess the internal controls that 
Treasury put in place to ensure compliance with program rules and 
consistent treatment of applicants. 

[11] 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), and [hyperlink, http://www.gao.gov/products/GAO-11-47]. 

[12] See 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); 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: Actions Needed by Treasury to 
Address Challenges in Implementing Making Home Affordable Programs, 
[hyperlink, http://www.gao.gov/products/GAO-11-338T] (Washington, 
D.C.: Mar. 2, 2011); and GAO-11-288. Additionally, we reported on 
results of a survey we conducted of housing counselors as part of our 
oversight of Treasury's MHA program implementation. See GAO, Troubled 
Asset Relief Program: Results of Housing Counselors Survey on 
Borrowers' Experiences with the Home Affordable Modification Program, 
[hyperlink, http://www.gao.gov/products/GAO-11-367R] (Washington, 
D.C.: May 26, 2011) and corresponding e-supplement, [hyperlink, 
http://www.gao.gov/products/GAO-11-368SP]. 

[13] [hyperlink, http://www.gao.gov/products/GAO-10-634]. 

[End of section] 

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