Madam Speaker, pursuant to House Resolution 1525, I call up from the Speaker's table the bill (H.R. 1424) to amend section 712 of the Employee Retirement Income Security Act of 1974, section 2705 of…
Madam Speaker, pursuant to House Resolution 1525, I call up from the Speaker's table the bill (H.R. 1424) to amend section 712 of the Employee Retirement Income Security Act of 1974, section 2705 of the Public Health Service Act, and section 9812 of the Internal Revenue Code of 1986 to require equity in the provision of mental health and substance-related disorder benefits under group health plans, and offer the motion at the desk.
Madam Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks on this legislation and add extraneous material thereon.
Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, we have limited time here, and I want to explain to the Members that I will be devoting most of my time to colloquy with Members who have serious concerns about this bill.
I believe this bill has a great deal more in it in a number of areas, including in particular avoiding foreclosures, than people have recognized. I at this point will insert into the Record under General Leave a letter from the American Banker, in which Sheila Bair, who is one of the best regulators we have ever had, who has been using her authority over the mortgages she inherited through the IndyMac failure to really provide foreclosure relief, and she says in this: ``The provision would allow the Treasury Department to provide credit guarantees and enhancements on whole loans.'' Ms. Bair said in an interview Thursday, ``They can have so much bigger bang for their buck.'' She asked us to put this in. We put it in. It may be obscure, but it in and of itself will lead to a great deal of help for people with mortgages.
What I will be doing, Madam Speaker, during this debate is yielding time for colloquies to Members who are seeking clarification of points in the bill, many of them involving what is very powerful language, although not everything we would have liked, to mitigate foreclosures. I will say that I have spoken to the people at the Department of Treasury, including yesterday morning the Secretary himself, and I will be making commitments today about how we believe this bill will be interpreted, and I will be making no commitments that I have not explained to the Treasury, that the staff of the Financial Services Committee which has done such wonderful work has not discussed with the Treasury. So we will be, as I said, working with Members to clarify some parts of this bill because I do not think it is fully appreciated that it has a good deal more in it for the foreclosure issue and some other issues than has been recognized.
[From American Banker, Oct. 3, 2008]
Bair: How to Get More Bang for Bailout Buck
(By Rob Blackwell)
Washington.--Of all the provisions in the bill designed to
stabilize the financial markets, one of its most potent is
not getting enough attention, according to Federal Deposit
Insurance Corp. Chairman Sheila Bair.
The provision would allow the Treasury Department to
provide credit guarantees and enhancements on whole loans. If
it were used, it would allow the government to increase
modifications and stabilize home prices at a much smaller
cost than buying the loans themselves, Ms. Bair said in an
interview Thursday.
``They can have so much bigger bang for their buck,'' she
said. ``You don't have an initial cash outlay, you can leave
them in the private sector, you can do the servicing in the
private sector, and you can condition them on some type of
modification protocol, which would get the mortgages
restructured faster.''
The provision, a single sentence in the 451-page bill, has
attracted little attention from analysts and industry
representatives. Instead, they have focused on the crux of
the bill, which would allow the Treasury to buy and hold up
to $700 billion of troubled assets.
The bill would give the Treasury secretary the power to
``use loan guarantees and credit enhancements to facilitate
loan modifications to prevent avoidable foreclosures.''
How that would work remains unclear. In theory, the
Treasury could guarantee certain types of loans--option
adjustable-rate mortgages, for example--and require lenders
that want to use the insurance to engage in loan
modifications first. If the reworked loan performed, the
government would never be involved, but if the loan later
defaulted, the government would take a certain amount of the
loss.
Though she is supportive of the $700 billion buyout
facility, Ms. Bair said the provision, added at the behest of
the FDIC, could provide a critical alternative.
``It will be another tool they have in their toolkit, and
it will be cheaper,'' she said. ``You can provide credit
support to $100 billion worth of mortgages with no up-front
cash outlay. The exposure would be less than buying those
mortgages directly.''
During her two-year tenure, the FDIC has moved from the
background to the forefront of the housing crisis. In the
past week alone it has handled the largest failure of all
time--the $309 billion-asset Washington Mutual Inc.--with no
cost to the government. It also invoked the systemic risk
exception for the first time in the agency's history to
facilitate a deal to sell most of Wachovia Corp. to Citigroup
Inc.
Ms. Bair said regulators had no choice but to use the
exception, which was created in 1991 and required the
approval of the Federal Reserve Board and the Treasury.
``We all felt that preventive action was needed,'' she
said. ``It was a potential failure, driven primarily by
market confidence issues.''
Ms. Bair has also been working to help pass the bailout
bill. After the House unexpectedly defeated the legislation
Monday, lawmakers scrambled for provisions to bring more
Republicans on board. The most notable addition would
increase deposit insurance to $250,000 per depositor per
institution.
That provision would reassure nervous depositors that the
banking system is stable, Ms. Bair said, and it gets to the
heart of the problem: a lack of confidence among consumers,
bankers, and businesses.
``Raising the deposit insurance limit to $250,000 is
designed to address that problem
of public confidence,'' she said. ``Expanding that safety net
for a period of time, I think, will help with the Main Street
depositor and also provide help for banks.''
The coverage hike would take effect immediately and would
expire Dec. 31, 2009. The bill explicitly says banks should
not face a premium hike as a result. Analysts argue that
Congress would have to make the higher limit permanent. Ms.
Bair would not take a position, except to say the FDIC should
have the power to raise premiums if the increase becomes
permanent.
``It's a question for Congress,'' she said. ``It could be
destabilizing if they lift it in 2009, but the trade-off
would be that banks would have to start paying premiums.''
Overall, she said, she hopes the legislation will help ease
fears among financial institutions, some of which have become
worried about lending to each other.
``There is a confidence issue,'' Ms. Bair said.
``Originally, liquidity issues were tied to capital adequacy.
Now I think liquidity issues are tied to just uncertainty. .
. . We are asking Main Street to have confidence in the
banking system. Well, I would ask the banks to have
confidence in the banking system and lend to each other.''
She said a freeze on credit is only making the situation
worse.
``We acknowledge that some individual banks have
challenges, but overall they still have strong capital, and
they've built up their loan loss reserves,'' she said. ``We
shouldn't be freezing up and panicking.''
Though some have argued the bailout bill does not go to the
heart of the issue, Ms. Bair was unequivocal in saying she
thought the buyout facility would help the situation.
``The reason for the liquidity issue is you have an asset
on the balance sheet where the cash flow suggests one
valuation, but if you have to sell it, you will be taking a
steep loss because the market is seizing up,'' she said. ``So
we will be providing a vehicle for moving those assets off
balance sheet for a price other than a rock-bottom distressed
price. We are capable of letting the government hold the
asset for a while before it's sold which will help ease
downward pressure on asset valuations. It absolutely should
help.''
But she acknowledged some concern that the legislation did
not do enough to help struggling borrowers.
Ms. Bair was at the forefront last year in warning that
lenders and servicers needed to systematically lock in low,
starter rates so that borrowers could continue making their
mortgage payments on time. More defaults would lead to
increased foreclosures, which would cause further
deterioration in the housing market. Few took her advice, and
the housing market continued to sink.
If more lenders had modified loans, she said the situation
would still be bad, but not as dramatic.
``We were going to have these problems no matter what, but
I do think it would be less of an impact,'' she said.
But Ms. Bair said she did not understand why Congress is
not doing more to assist borrowers in the bailout
legislation. Lawmakers debated forcing more servicers to
engage in systematic modifications, but ultimately did not do
so.
``I don't understand it,'' she said. ``The borrowers here
that are losing their houses have been this politically
powerless group. From the get go, politically, for whatever
reason, they were put in a category of they got over their
head and were an unsympathetic group to deal with. That is
not the case with all of them.''
I yield 1\1/2\ minutes to the gentleman from Virginia (Mr. Moran) for the purpose of a colloquy.
Will the gentleman yield?
I can affirm that. As the gentleman knows, the Treasury Department is in agreement with this, and we should be clear, this is one of the things that this House and the Senate added to the bill, the authority to buy equity. It is not simply buying up the assets, it is to buy equity, and to buy equity in a way that the Federal Government will able to benefit if there is an appreciation.
I thank the gentleman for this important clarification. He is absolutely right.
In implementing the powers provided for in the Emergency
Economic Stabilization Act of 2008, it is the intent of
Congress that Treasury should use Troubled Asset Relief
Program (TARP) resources to fund capital infusion and asset
purchase approaches alone or in conjunction with each other
to enable financial institutions to begin providing credit
again, and to do so in ways that minimize the burden on
taxpayers and have maximum economic recovery impact. Where
the legislation speaks of ``assets'', that term is intended
to include capital instruments of an institution such as
common and preferred stock, subordinated and senior debt, and
equity rights. Also, it is the intent of this legislation
that TARP resources should be used in coordination with
regulatory agencies and their responsibilities under prompt-
corrective-action and least-cost resolution statutes.
Madam Speaker, I yield 2 minutes to one of our leading attorneys in the House, who, representing the State of California, has a particular knowledge about much of what we are trying to do in this bill in the foreclosure area, the gentlewoman from California (Ms. Zoe Lofgren).
Madam Speaker, ever mindful of the danger that George Bush will lead us down the road to socialism, we will be monitoring this very closely.
I now yield 1 minute to the gentleman from Georgia (Mr. Marshall).
Madam Speaker, I yield for a unanimous consent request to a gentleman from Ohio who has been very seriously engaged on this issue.
(Mr. KUCINICH asked and was given permission to revise and extend his remarks.)
I yield 2 minutes to a member of the Committee on Financial Services, who has been very much concerned with the question of foreclosure, the gentleman from Georgia (Mr. Scott).
If the gentleman would yield back to me briefly, I thank him very much. He has been working hard on this, and has also not just professed this in general, but has made some specific suggestions.
Of the four points, two will take separate legislation, and I will work with the gentleman because I am in agreement with him on them, in concept. Two of them, however, are, I believe, able to be accomplished in this bill. I have spoken to the Secretary of the Treasury and, I believe, working together with the gentleman, we can make sure.
Let me just say specifically. Asset managers to support loan modifications will be very important for this success. The bill encourages the Treasury to consider the FDIC, which has been superlative in this regard, to play this role. Also, Treasury, under this bill, can buy virtually any mortgage asset, and we direct them to coordinate with the other agencies, like Fannie Mae and Freddie Mac and the Federal Home Loan Banks, and to maximize modifications through the program we just adopted.
I yield the gentleman 30 additional seconds.
We will expect the Secretary to use both direct assets and design--to provide special considerations for assets where HOPE for Homeowners or other programs have been used. In other words, we are directing the Treasurer to use his authority to maximize, exactly as the gentleman has proposed. We will continue to press the Secretary, and I believe we don't have to press too hard. He is ready to do this. And we will work with the gentleman on the other issues.
I will yield myself 15 seconds to say that the gentleman can tell his brother-in-law, Hank Aaron, he hit .500 today, and that's pretty good in any league.
Madam Speaker, I yield to the gentleman from Illinois (Mr. Davis) for the purpose of making a unanimous consent request.
(Mr. DAVIS of Illinois asked and was given permission to revise and extend his remarks.)
I now yield 2 minutes to the gentleman from Michigan (Mr. Dingell), the chairman of the Commerce Committee, very knowledgeable in these subjects.
If the gentleman will yield, yes, it is. And I believe, as he and I have discussed, that the danger to the purchase of automobiles is one of the great ones that we face here, and it is an important reason for moving this bill. Yes, I very much agree with what he just said.
If the gentleman would yield, I would say absolutely, because this is one which would have a double positive effect: It would help with the credit crisis, and it would help one of our most important industries in the United States from facing difficulties.
Madam Speaker, the gentleman from Colorado (Mr. Perlmutter) has been one of the hardest working members of our committee, and I yield him 2 minutes.
If the gentleman will yield, the answer is yes. The bill fully authorizes the Secretary of the Treasury to do that, and I and others, including the gentleman from Colorado, will be working to make sure that he does, and I have every intention to believe that they intend to.
Madam Speaker, I yield 1 minute to my colleague, the gentleman from Massachusetts (Mr. Neal) from the Ways and Means Committee.
If the gentleman will yield, I agree completely. It would be a distortion of the clear meaning of this provision, widely supported, to do anything else but, and we will work to make sure that happens.
I now yield 1 minute to the Chair of the Capital Markets Subcommittee, who has been very carefully watching this situation, the gentleman from Pennsylvania (Mr. Kanjorski).
I now yield 1 minute to the chairman of the Appropriations Committee, the gentleman from Wisconsin (Mr. Obey).
Madam Speaker, I would note that one of those whose names would be listed is John McCain, who voted for this bill in the Senate. So Mr. McCain's name would be at the head of that list of the 20.
I now yield 1 minute to the gentleman from New York (Mr. Nadler).
Madam Speaker, I am glad to yield 2 minutes to our newest member, the gentlewoman from Maryland (Ms. Edwards).
If the gentlewoman will yield, the answer is, absolutely. And I can tell you that I have spoken to the Treasury, to the
Secretary, to tell him that it is very important; that many Members will be voting for this bill only with the understanding that he will use that authority. And I believe he accepts that fact and will act on it.
If the gentlewoman would yield again, I thank her for prodding us because thanks in part to her efforts, this is going to be the best we can do. And I appreciate that.
I yield for a unanimous consent request to the gentleman from Texas, a member of our committee, very much concerned with improving economic literacy, Mr. Hinojosa.
(Mr. HINOJOSA asked and was given permission to revise and extend his remarks.)
I now yield 1 minute to the gentlewoman from Ohio (Ms. Kaptur), a former member of the committee who deserted us for better things.
I yield 1 minute to a member of the committee, the gentlewoman from Wisconsin (Ms. Moore).
I now yield 2 minutes to the gentlewoman from California (Ms. Waters), the Chair of the Housing Subcommittee, who has done as much as anyone in this House to try to stave off the foreclosure crisis.
Madam Speaker, I yield 2\1/2\ minutes to an alumna of our committee who has been a dedicated defender of working class people, the gentlewoman from California (Ms. Lee).
Madam Speaker, no Member of Congress in my memory has worked harder and more constructively to improve and pass a bill than the majority whip has.
I am pleased to yield 2 minutes to the gentleman from South Carolina (Mr. Clyburn).
Madam Speaker, I think I have the honor of speaking on behalf of the body in wishing our friend well.
I now yield for a unanimous request consent to the gentleman from California (Mr. Baca).
(Mr. BACA asked and was given permission to revise and extend his remarks.)
Madam Speaker, I yield for a unanimous consent request to the gentleman from Pennsylvania (Mr. Fattah).
(Mr. FATTAH asked and was given permission to revise and extend his remarks.)
Madam Speaker, I now yield 1 minute to the gentlewoman from New York (Mrs. Maloney), a member of the committee.
And I will take 10 seconds to say, yes, I understand that this is not everything that needs to be done. We will be back next year to do some serious surgery on the financial structure. But at this point, we have the EMT function. There's an emergency, and we have to avert serious harm. This is step one.
Step two will be the serious work that we will do to prevent this from occurring.
(Mrs. Maloney asked and was given permission to revise and extend her remarks.)