Read the Final Stimulus -- With One Executive Pay Cap Left Intact
It took until most of America had gone to bed, but the Democratic Congress finally posted its stimulus deal for the public to peruse at around 11:45pm. You can download the full text of the measure, split into four parts, at this site (see the left-hand links).
Several contentious provisions were tweaked in the waning hours of Thursday, reflecting changes from the leaked summary we'd showed you. But the biggest news is a question that was unresolved until the very last minute: the fight to keeping the Senate stimulus' strong executive pay limits resulted in one victory.
Sens. Ron Wyden (D-OR) and Olympia Snowe (R-ME) lost their push to claw back bonuses paid to banks receiving government bailouts, but Senate Banking Committee Chairman Chris Dodd's (D-CT) CEO pay limits did survive. It's not as stringent as the Wyden-Snowe limits, or Sen. Claire McCaskill's (D-MO) plan to cap bailed-out bank salaries at $400,000, but it's a win nonetheless.
Read a summary of Dodd's provisions, which are expected to become law by Monday, after the jump.
The amendment puts an end to compensation policies unfair to American taxpayers by banning:* Compensation incentives for senior executive officers "to take unnecessary and excessive risks that threaten the value" of the company.
* "Golden parachutes" for senior executive officers or the next 5 most highly-compensated employees.
· Compensation plans that would encourage manipulation of the company's reported earnings to enhance an employee's compensation.
The amendment also cracks down on:
· Bonuses, retention awards and incentive compensation. For institutions that received assistance totaling less than $25M, the bonus restriction applies to the highest compensated employee (top 1); $25M-$250M, applies to the top 5 employees; $250M-$500M, applies to the senior executive officers and the next top 10 employees; and more than $500M applies to the senior executive officers and the next top 20 employees (or such higher number as the Secretary determines is in the public interest).
* Compensation paid out wrongfully in the past. The Secretary of the Treasury must review past compensation paid to the top 25 employees of TARP recipients and to seek to negotiate for reimbursements if those payments were contrary to the public interest or inconsistent with the purposes of the Act or the TARP.
The amendment includes tough new rules for TARP recipients, who must:
* Clawback any bonus, retention award or incentive compensation paid to senior executive officers or the next 20 most highly-compensated employees based on statements of earnings, revenues or other criteria later found to be materially inaccurate.
· Certify that they are complying with these executive compensation rules.· Establish a Compensation Committee of the Board established that has all independent directors; the Compensation Committee must meet at least semiannually to evaluate employee compensation plans in light of risk posed to the company.
· Institute a company-wide policy regarding excessive or luxury expenditures, including entertainment or events, office and facility renovations, private jets, etc.
· Institute "Say on Pay" or an annual shareholder vote on approval of executive compensation.
Late Update: Thanks to the commenter who points out my grossly East Coast-skewed concept of time. It's true that Pacific coasters were surely awake when the stimulus bill was released ... unfortunately, the 13-hour gap between the bill's release and the final vote still leaves a lot to be desired.














"Compensation plans that would encourage manipulation of the company's reported earnings to enhance an employee's compensation."
There's the real problem; Book Cookers, Unite! "You vote for MY bonus in the boardroom of Corporation A, where I am the CEO, and I'll vote for your bonus because I'm on the board of Corporation B, where you are the CFO.
The people who are desperate to retain these boner bonuses are also the same ones who created this "bonuses for book-cookers" environment in DC and on Wall Street during the Bush/Cheney years.
They are giving themselves these bonuses, shareholders and public be damned.
February 13, 2009 10:52 AM | Reply | Permalink
Parochial? Myopic? Beltway-blinded?
C'mon Elena! Most of America does not live in the Eastern time zone. Some Centralians may be asleep at 10:45, and a few Mountaineers at 9:45, but hardly any Pacifists have nodded off at 8:45.
February 13, 2009 11:04 AM | Reply | Permalink
Oops! Most of Elana does not call herself Elena!
February 13, 2009 11:12 AM | Reply | Permalink
Don't a majority of Americans live in the midwest and east coast? Plus, the country skews kind of of old nowadays. Hence, most may be accurate.
February 13, 2009 11:23 AM | Reply | Permalink
Yeah, but don't people go to bed early in the Heartland?
February 13, 2009 11:35 AM | Reply | Permalink
.
Uhhhhh . . .
Not all Pacificists are Pacifists ...
And what the hell is Hawaii ... goat cheese?
But I do agree that most of those in "...the 'village' on the Potomac" are in some other time warp.
Swamp gas!
~OGD~
February 13, 2009 12:37 PM | Reply | Permalink
The executive compensation limits in the bill are just blather.
If a bailed out corporation wants to pay the CEO $50 million/year, it still can.
February 13, 2009 11:50 AM | Reply | Permalink
The executive cap is 100% toothless.
February 13, 2009 2:35 PM | Reply | Permalink
Elana: Call me dense, but I'm having trouble finding the precise link to the entire bill. Can someone provide it? Also, if the pay caps are toothless, then why is this so far playin out in the news accounts like a populist victory for Dodd, while the administration tries to sell this argument (laughably, I say) that pay caps would make invaluable Wall Street brainiacs leave some sort of unfillable void at the firms they leave?
February 16, 2009 1:41 AM | Reply | Permalink