Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4616) to deem certain references to LIBOR as referring to a replacement benchmark rate upon the occurrence of certain events affecting LIBOR, and for other purposes, as…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4616) to deem certain references to LIBOR as referring to a replacement benchmark rate upon the occurrence of certain events affecting LIBOR, and for other purposes, as amended.
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include extraneous material on this legislation.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, today we show that the House of Representatives can deal with a really big problem before it becomes a crisis and before almost anybody even knows that there is a problem. We can deal with such a problem without drama, without deadlock, without partisanship. We can do it a year and a half before it all explodes, so as to give the Senate, the regulatory agencies,
and the private sector the time that they need to do this job long before the impending uncertainty disrupts our economy.
As co-chair of the CPA Caucus, I am here to certify that this is the most important genuinely boring bill that will come before this House this year.
Mr. Speaker, there are trillions of outstanding loans that have adjustable interest rates. The adjustment of these loans is tied to the London Interbank Offered Rates, known as LIBOR. LIBOR has been referred to as the most important interest rate in the world.
We are dealing here with adjustable rate mortgages, business loans and securities, and even some student loans. For many years LIBOR was the index. When LIBOR went up, the interest rate on these instruments would go up. When LIBOR went down, the interest would go down. For many years it worked well.
LIBOR is based on a survey of British bankers. A few years ago some British bankers lied and some went to jail. Our friends across the pond said they would stop publishing the LIBOR index. We asked them to keep doing it. They are going to stop on June 30, 2023.
Some $16 trillion of loans and business instruments will still be outstanding. Those instruments will specify that you calculate the interest rate based on LIBOR, and LIBOR will not exist.
These $16 trillion of loans and other business instruments do not specify what is supposed to happen if you go to calculate the interest rate based on LIBOR and there is no LIBOR. That is why they are called tough legacy LIBOR instruments.
We could do what all too often happens in Washington--we could ignore the problem. We could then leave it up to tens of thousands of class action lawsuits, hundreds of thousands of regular lawsuits, as borrower and lender try to figure out what interest rate would apply. That would be terrible for our economy and our court system.
We have got a better idea. The legislation before us today, H.R. 4616, the Adjustable Interest Rate (LIBOR) Act, which will provide borrowers, investors, and all those in the financial space certainty as to what happens when LIBOR is no longer published.
Before I continue, I want to thank Chairwoman Waters and Ranking Member McHenry, and their staff for working closely with me to get this bill on the floor today. I particularly want to thank Rob Robilliard of my staff who has poured his heart and soul into this bill for the entire year.
I am pleased to say that H.R. 4616 has received the support of 21 business organizations, I would say every business organization with a stake in this matter, including the American Bankers Association, the Independent Bankers, and the Chamber of Commerce.
I want to particularly thank Kristi Leo, President of the Structured Finance Association, for working with us on this bill. The legislation has also won the support of so many public interest groups, including the National Consumer Law Center and Americans for Financial Reform.
I particularly want to thank Andrew Pizor of the National Consumer Law Center for his assistance.
Not only has this legislation received support from these important organizations, but every word--and I mean every word--has been carefully reviewed by the Federal Reserve Board, the U.S. Treasury Department, the Securities and Exchange Commission, the Office of Controller of the Currency, the Federal Housing Finance Agency, and the Consumer Financial Protection Bureau. We have revised it again and again based on their comments.
Each of these agencies has cleared on every word of the bill before us today. Once again, I want to thank the staff, particularly of the Federal Reserve, for their excellent work for helping us draft this legislation: Mackenzie Gross, Evan Winerman, and Mark Van Der Weide.
This text before us is a consensus product and all the agencies have signed off. We have worked with over 100 different organizations and groups, and to my knowledge none oppose the text that is before us today.
I want to thank the Alternative Reference Rate Committee, which was convened by the New York Fed which created the structured overnight finance rates, which are based on the treasury markets. Those markets are public, transparent, and not subject to manipulation. It is a broad market. Unlike the LIBOR rate, it is not subject to manipulation.
This bill provides that as to that $16 trillion of tough legacy LIBOR, pursuant to regulations published by the Fed, the various SOFR rates that are applicable will stand in for the LIBOR rate once the LIBOR rate is no longer published. It sounds simple, but let me tell you it has been a hell of a year as you try to get consensus on a bill affecting $16 trillion.
Mr. Speaker, I want to talk a little bit about why this bill is necessary and why it is so important. Just 2 months ago, October 20, the Federal Reserve, the CFPB, the FDIC in conjunction with the State Bank and Credit Union Regulators issued a joint statement stating that failure to adequately prepare for LIBOR's discontinuance could undermine the financial stability and safety and soundness of the institutions they oversee.
The Financial Stability Oversight Council, which we created in response to the 2008 meltdown, said that a cessation of LIBOR has the potential to significantly disrupt our financial markets. The SEC similarly warned that LIBOR's discontinuance may pose a significant risk to our stock and bond markets.
Secretary Janet Yellen and Federal Reserve Board Chair Powell told us that we need legislation to deal with this matter at the Federal level, and it is bipartisan. Steve Mnuchin testified to the same thing when he was Secretary of the Treasury in the Trump administration.
Finally, I should point out that Federal Reserve Chair Powell has told us that failure to deal with this presents a big financial stability risk to our entire economy.
As to the scope of this bill, it deals only with tough legacy LIBOR. It does not deal with those instruments that expire while LIBOR is still published, nor does it deal with those instruments that are created in the future and do not reference LIBOR.
There was an earlier draft of this bill that set forth the obvious, and that is the substitution of SOFR for the LIBOR index does not constitute a sale or exchange for tax purposes. We took that out because we wanted to move the bill quickly and not cause a referral to the Ways and Means Committee. Mostly we took it out because it was absolutely unnecessary.
It is very clear under existing tax law, the change of one index to another index that is incredibly similar, in this case, designed to be as close as humanly possible does not constitute a sale or exchange, but especially where that change is through the operation of law and where the change is necessitated because the original index is no longer published. The tax outcome is obvious and does not need to be part of the statute.
The last change we made in this bill was to add the words ``for purposes of the governing law of such LIBOR contracts'' to section 5(d). We did that to make it clear that we weren't dealing with any tax issue and anybody could hold it up to a magnifying glass and try to find a tax word in it. By putting these words in it we satisfied the Committee on Ways and Means. There is no taxation in this statute.
This law does deal and preempts the field with regard to all non-tax law, that means contract, commercial, financial law at both the Federal, State, and local level.
Finally, this act does not prescribe what interest rates ought to be used in the future. That is up to the parties involved. Nothing in this bill is designed to encourage the use of SOFR or any other particular benchmark interest rate, nor does it encourage or authorize any Federal regulatory agency to push any bank or other institution to use any particular rate in the future. That is up to them.
This bill deals with $16 trillion of tough legacy LIBOR. It is a consensus product. It is the result of the work of regulators, industry, and the public interest community.
Mr. Speaker, I urge its adoption and I reserve the balance of my time.
House of Representatives,
Committee on Ways and Means,
Washington, DC, December 7, 2021.
Hon. Maxine Waters,
Chairwoman, Committee on Financial Services,
Washington, DC.
Dear Chairwoman Waters: In recognition of the desire to
expedite consideration of H.R. 4616, the ``Adjustable
Interest Rate (LIBOR) Act of 2021,'' the Committee on Ways
and Means agrees to waive formal consideration of the bill as
to provisions that fall within the rule X jurisdiction of the
Committee on Ways and Means.
The Committee on Ways and Means takes this action with the
mutual understanding that we do not waive any jurisdiction
over the subject matter contained in this or similar
legislation, and the Committee will be appropriately
consulted and involved as the bill or similar legislation
moves forward so that we may address any remaining issues
within our jurisdiction. The Committee also reserves the
right to seek appointment of an appropriate number of
conferees to any House-Senate conference involving this or
similar legislation.
Finally, I would appreciate your response to this letter
confirming this understanding and would ask that a copy of
our exchange of letter on this matter be included in the
Congressional Record during floor consideration of H.R. 4616.
Sincerely,
Richard E. Neal,
Chairman.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I wish to respond to this gentleman's remarks about the process. First, this bill is a good bill. Vote for the bill. There is no doubt this bill is a good bill.
I don't need to talk about the process, but I will for just a second. As to whether we had sufficient hearings and enough hearings that match the interest of this House, we had a full hearing of my subcommittee on this, and it is not as if 400 Members of the House showed up and said: We are not a member of the subcommittee, but can we participate?
It is not as if the balcony is filled. It is not as if we deprived our colleagues of information they were anxious to obtain.
But it is not just one hearing of the subcommittee. I regarded at least a dozen of the hearings of the Financial Services Committee over the last 2 years as hearings on LIBOR. In my opening remarks, I quoted what Secretary Mnuchin said. He said that in response to my questions when he came before us at hearings. The gentleman knows that at least probably a dozen hearings that we have had at Financial Services where we had the Secretary of the Treasury, where we had the Chair of the Federal Reserve, where we had other experts, I asked a question about LIBOR. And if my colleagues had found this subject near as interesting as I do, they would have asked questions about LIBOR as well. So we had one hearing dedicated to LIBOR and a dozen and more hearings where those dedicated to LIBOR could have asked questions.
As to whether people in this House should think that we are interfering with the rights of businesses to transact business, I include in the Record a letter in support of this bill signed by 21 business groups basically, every business group that deals with any instrument tied to the LIBOR index.
December 7, 2021.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Hon. Kevin McCarthy,
Republican Leader, House of Representatives,
Washington, DC.
Dear Speaker Pelosi and Republican Leader McCarthy: We, the
undersigned organizations, support H.R. 4616, the
``Adjustable Interest Rate (LIBOR) Act,'' to address ``tough
legacy'' contracts that currently reference LIBOR. We
respectfully request the House of Representatives
expeditiously pass this legislation.
In June 2023, all tenors of US dollar LIBOR, one of the
most important financial benchmarks that underpins nearly
$200 trillion in financial contracts, will cease to be
published. As a result, there are trillions of dollars of
hard to modify financial contracts, securities, and loans
that use LIBOR--known as ``tough legacy'' contracts--that are
unable, before this end date, to either convert to a non-
LIBOR rate or amend the contracts to add adequate fallback
language to another rate. Without federal legislation to
address these contracts, investors, consumers, and issuers of
securities may face years of uncertainty, litigation, and a
change in value. This would thereby create ambiguity that
would lead to a reduction in liquidity and an increase in
volatility.
H.R. 4616 provides a solution for these ``tough legacy''
contracts that have insufficient fallback language and cannot
otherwise be amended among the parties. The legislation is
narrowly crafted to allow parties to contracts that already
have effective fallback provisions to opt-out of the
legislation and to only apply to tough legacy contracts so
that new or future business will not be affected. In
addition, the legislation offers uniform, equitable treatment
for all U.S. contracts that fall under the federal
legislation. It creates a safe harbor from litigation for
parties that are covered by the legislation and prevents
otherwise inevitable litigation costs and gridlock. The need
for uniform federal legislation has been expressed by
consumer groups, investors, financial regulators, and
industry participants.
We thank the House Committee on Financial Services for
providing a bipartisan solution that offers fair, equitable
and consistent treatment for all ``tough legacy'' contracts
in support of the LIBOR transition by passing H.R. 4616 out
of the committee by voice vote. We wholeheartedly support the
Adjustable Interest Rate (LIBOR) Act and ask that you and all
Members of the House of Representatives vote in favor of this
critical legislation.
Sincerely,
Securities Industry and Financial Markets Association
(SIFMA); Structured Finance Association (SFA); Bank Policy
Institute; National Association of Corporate Treasurers;
Education Finance Council; The Loan Syndications and Trading
Association (LSTA); The International Swaps and Derivatives
Association (ISDA); The Real Estate Roundtable; The Financial
Services Forum; Institute of International Bankers;
Government Finance Officers Association.
Mortgage Bankers Association; Commercial Real Estate
Finance Council (CREFC); Consumer Bankers Association;
Investment Company Institute; Institute for Portfolio
Alternatives; Independent Community Bankers of America; U.S.
Chamber of Commerce, Center for Capital Markets
Competitiveness; Housing Policy Council; Student Loan
Servicing Alliance; American Bankers Association; The
American Council of Life Insurers (ACLI).
Finally, as to the issue, I agree with the gentleman that I would like to have had this bill come up 2\1/2\ years before LIBOR ceased to be published. We are bringing this to this House 1\1/2\ years before LIBOR ceases to be published. Compared to everything else in Washington, that is record time. I speak today on a fiscal year that began October 1 where we hope to pass the appropriations bills in February. Dealing with a problem 1\1/2\ years before it happens may not be 2\1/2\ years in advance, but it is good compared to everything else I have seen.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I would simply say to my Republican colleagues who may be watching: You don't have to trust the 21 business groups who have signed the letter that I just included in the Record, and you don't have to trust me. Listen to the words you just heard from our colleague, Mr. Hill: This bill does not increase government or regulatory power. You ought to vote for the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I would be thrilled.
Will the gentleman yield?
This bill reflects an awful lot of work by the regulators, particularly the Fed.
Absolutely.
I have long advocated for a unicameral legislature.
If I can comment on that further?
The Senate has addressed this issue, and they have discussed the bill. Most of the commentary has been positive. There was a recent hearing.
In particular, I believe that Mr. Toomey had a concern that somehow this bill would influence future instruments and that somehow regulators would be pushing banks, particularly smaller banks, to use SOFR in the instruments they draft in the future. That is why the report that accompanies this bill makes it excruciatingly clear that nothing in this bill authorizes, directs, encourages, or allows a regulator to point to this bill and say: Now, bank, you need to use SOFR in the instruments used in the future.
Nothing in this bill authorizes a regulator to push or give a preference to any other regulation. The report language was drafted with Senator Toomey in mind.
Mr. Speaker, I yield myself such time as I may consume.
I will simply comment again, for the record. This bill deals with tough legacy LIBOR instruments drafted in the past, and nothing in it-- and you can look at every word of all 22 pages--nothing in it would allow anyone to say you have got to use SOFR, or you ought to use SOFR, or we give you a preference to use SOFR, or any other benchmark in any instrument you draft in the future. And just in case that wasn't excruciatingly clear, we put it in the report as well.
Mr. Speaker, I believe I have the right to close. I have no other speakers, so I will reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume. I am prepared to close.
As to the process, we have had a dozen hearings with the top financial officials in the U.S. Government over a period of 2 or 3 years at the full committee, in which it was appropriate and, in my case, I used this opportunity to bring up the LIBOR issue. They have testified again and again that we need Federal legislation.
Then the six regulatory agencies involved each have reviewed this down to the comma, and we have had discussions, down to the comma. They have helped us draft legislation.
My hope is that we not only pass this legislation today, but that my Republican colleagues help me pass this bill through the Senate in the current form. You want a form that reflects the regulators? Every comma reflects what the regulators would like to see.
It is important that this bill not be held up in the Senate by those who want to change existing law and say, well, not only should this act not allow a regulator to push a bank toward this or that index, but if any other law gives the regulators the power to do that, we should strip that authority from them. That is not the purpose of this bill.
If somebody wants a bill titled, regulators shouldn't be pushed to telling banks what to do on indexes, I will work with the gentleman, if he wants to, on a freedom to pick your own index bill. This is a bill to just deal with LIBOR.
So my hope is that we will have Republican House Members who urge the Senate to move quickly because, yes, it would have been better to deal with this issue 2\1/2\ years in advance. We have dealt with it 1\1/2\ years in advance; a full hearing, a full markup, a full opportunity for anyone to submit amendments at that full markup, and a dozen hearings, at which it was appropriate to address questions--at least I did--of the top officials in our country dealing with financial matters about the importance of LIBOR.
This bill is important because it deals with $16 trillion of instruments where we will not be able to calculate how much the borrower must pay the lender after June 30 of 2023 unless we pass this bill.
This is a consensus product. The consumer and public interest groups, the business groups, the regulators, and we are passing it and need to pass it expeditiously so that we deal with this issue long before it disrupts our financial markets.
Mr. Speaker, I urge its adoption, and I yield back the balance of my time.