Mr. Chairman, I thank the gentlewoman for yielding me the time. Mr. Chairman, I rise in strong opposition to H.R. 78, the SEC Regulatory Accountability Act. This bill would require the SEC to do an absurd amount of time-consuming,…
Mr. Chairman, I thank the gentlewoman for yielding me the time.
Mr. Chairman, I rise in strong opposition to H.R. 78, the SEC Regulatory Accountability Act. This bill would require the SEC to do an absurd amount of time-consuming, duplicative cost-benefit analysis before they can even propose a rule. This is the fourth time, Mr. Chairman, that we are voting on this partisan bill because the previous three times the bill has been rejected by the Senate and President Obama has strongly opposed it.
But let's be clear about what this bill is not about. It is not about ensuring that the SEC conducts a cost-benefit analysis on the rules. If that were the case, then no legislation would be necessary. The SEC is already required to conduct a cost-benefit analysis and has already adopted internal guidance on economic analysis that mirrors the exact requirements of this bill before us today. So the problem is not that the SEC doesn't currently conduct cost-benefit analyses or that it does it poorly; the real goal of this bill is simply to give the industry more chances to sue the SEC on cost-benefit grounds when it issues rules the industry does not like. That is essentially the only thing that would change if this bill were signed into law.
The SEC's cost-benefit analysis would be the same, but the industry would have more opportunities to sue the SEC over alleged flaws in the cost-benefit analysis. And the threat of a lawsuit would force the SEC to divert even more of its scarce resources to cost-benefit analysis, which would delay the key reforms and undermine the SEC's ability to protect investors--their core mission.
So I urge my colleagues to oppose this bill, as they have in three previous votes before this body.
I reserve the balance of my time.
Mr. Chairman, I enter into the Record the following letters of opposition to H.R. 78 signed by the Consumer Federation of America, Americans for Financial Reform, the California State Teachers' Retirement System, and the Council of Institutional Investors. These institutions represent various groups such as investors, consumers, public pension plans, labor unions, and communities of color.
Consumer Federation
of America,
January 10, 2017.
Vote NO on H.R. 78, the ``SEC Regulatory Accountability Act''--Bill Would Paralyze the Agency's Ability to Protect Investors and Promote
Market Integrity
Dear Representative: This week the House is expected to
vote on H.R. 78, the ``SEC Regulatory Accountability Act.''
The bill imposes burdensome new rulemaking requirements that
would prevent the agency from responding in a timely manner
either to emerging threats in the marketplace or to industry
requests for guidance or legal interpretations. As such, it
threatens to undermine the stability and integrity essential
to healthy capital markets, with harmful consequences for
investors, capital formation, and the overall economy. I am
writing on behalf of the Consumer Federation of America to
urge you to vote no when the bill is brought to the floor for
a vote.
The bill is being promoted as a measure to enhance cost-
benefit analysis at the Securities and Exchange Commission
(SEC). And, in that regard, certain of the bill's
requirements are relatively benign, such as the requirements
that the agency discuss the nature and scope of the problem
it is intending to solve when it engages in rulemaking,
carefully analyze available alternatives, and consider the
costs of the various alternatives as well as their relative
effectiveness in determining on a course of action. But these
are things the SEC already does, having learned the painful
lesson that failure to do so can result in its rules' being
overturned in court. Indeed, both the Government
Accountability Office and the SEC's Office of
the Inspector General have in recent years praised the agency
for the extent and quality of its cost-benefit analysis.
Other of the bill's provisions are far more harmful. The
following are among the most serious problems with this
legislation:
It requires the agency to adopt, not the most cost-
effective regulatory approach, but the least burdensome
approach. As such, it prioritizes minimizing regulatory costs
over promoting regulatory effectiveness.
The bill requires the agency to consider a number of
specific factors in assessing regulations, including their
effect on efficiency, competition, and capital formation as
well as investor choice, market liquidity, and small
business. Not included are any specific requirement to assess
their impact on investor protection or market integrity,
stability, and transparency.
If the Conunission fails to address concerns raised by
``industry groups'' related to costs and benefits, it must
explain its reasons. There is no comparable requirement to
explain any decision not to address investor concerns.
It imposes these burdensome new requirements, not just on
regulations, but also on agency orders, interpretations, and
other statements of general applicability ``that the agency
intends to have the force and effect of law.'' Firms seeking
a timely response from the agency staff on issues important
to their business are likely to face significant delays if
the legislation is enacted.
It requires the agency to engage in a constant
retrospective review of all its regulations every five years,
regardless of whether there is any cause for concern with a
particular regulation. Since the bill doesn't include any new
funding authorization to provide for this review, and
Congress has been highly reluctant to provide funding
increases commensurate with the agency's workload, the
inevitable result is that the agency will be forced to take
resources away from other more important regulatory
priorities to fund this generally meaningless exercise.
While a reasonable and balanced analysis of costs and
benefits can promote effective rulemaking, this legislation
goes far beyond what is reasonable or balanced. It would tie
the SEC in procedural knots, keep its focus on an endless
review of existing rules rather than emerging issues, provide
endless grounds for legal challenge, causing a serious drain
on agency resources, and undermine the agency's focus on its
central mission of protecting investors and promoting market
integrity and stability. Indeed, the bill would exacerbate
rather than ameliorate the most serious short-comings in the
agency's current regulatory process--its inability to
complete rulemakings regarding pressing issues in a timely
manner.
For these reasons, we urge you to vote ``No'' when H.R. 78,
the ``SEC Regulatory Accountability Act,'' is brought to the
floor for a vote. The only ``accountability'' this
legislation promotes, is the SEC's accountability to the
firms it is supposed to regulate rather than the investors it
is supposed to protect.
Respectfully submitted,
Barbara Roper,
Director of Investor Protection.
Mr. Chairman, I yield 4 minutes to the distinguished gentleman from Texas (Mr. Al Green), a member of the Financial Services Committee.
Mr. Al GREEN of Texas. Mr. Chairman, I thank the gentlewoman for yielding.
I am absolutely amazed this legislation has progressed to this point. This is not a panacea. This is not legislation that will prevent some harm being done to mom-and-pops. This is about Wall Street. This is about multimillion-dollar corporations. It is not unusual here for those who would benefit from the use of those who live on Main Street, they would benefit from it by saying that the bill is for Main Street when in fact it is for Wall Street.
This bill should properly be labeled the bill that the SEC rulings would come under stagnation, litigation, and decimation as a result of, because the way the bill is worded, there will be much litigation, and that litigation will tie the SEC up in court for many years. That will create the stagnation
which will cause the SEC to be ineffective; and, as a result, the SEC, in terms of its rulemaking, will be decimated.
Let's talk for a moment about a cost-benefit analysis. That is a very simple formula that can be used if you want to refinance your home and you want to get a different interest rate over a different period of time. All of the numbers associated with it are quantifiable. But if you want to do cost-benefit analysis in terms of fraud prevention, the prevention of fraud is not quantifiable; it is not knowable.
Bernie Madoff made off with approximately $64 billion, and in so doing, he perpetrated one of the biggest frauds ever perpetrated on the United States of America, the American people. If we had a regulation in place to prevent that fraud that Bernie Madoff perpetrated, there would be no way of knowing that he would have perpetrated the $64 billion fraud. You can't quantify legislation that prevents the fraud.
If we had legislation in place to prevent the downturn in 2008, that would have prevented the 327s, the 228s, the teaser rates that coincided with prepayment penalties, the no-doc loans. If we had regulations in place to prevent it, then we would never have known the harm it would have caused the economy.
That is what this bill will do. It will put the SEC in a position such that it cannot produce the rules to prevent the fraud that we can never measure. It is not knowable how much fraud will be prevented by the rules that the SEC promotes and produces.
This legislation also does not allow the SEC to move at the speed of innovation. Innovation moves quickly. The SEC has to be able to produce rules to match the speed of innovation. This is why it was difficult to do something about what was happening to the economy leading up to 2008. We didn't have the speed necessary, and now we are going to put a further burden on the SEC such that the SEC won't be able to respond to these new products that are coming on the market. And make no mistake, they will come on the market.
The stock market crash of 1929 was something that rules and regulations could have prevented. They were not there. They put them in place. Glass-Steagall was one of them. It took 66 years, but they got Glass-Steagall. I don't know how long it is going to take them, but they intend to get Dodd-Frank. This is the first step in the direction of making Dodd-Frank impotent.
Mr. Chairman, I yield myself such time as I may consume.
I would like to share with my colleagues and the American public how American organizations that work day in and day out to fight to protect investors, consumers, minorities, workers, and pension plans view this bill.
The director of investor protection of the Consumer Federation of America states: ``This legislation goes far beyond what is reasonable or balanced and, indeed, the bill would exacerbate, rather than end the most serious shortcomings in the agency's current regulatory process, its inability to complete rulemaking regarding pressing issues in a timely manner.''
The general counsel of Council of Institutional Investors stated: ``We believe the provisions of H.R. 78 would unnecessarily impede the ability of the SEC to issue proposals in furtherance of its mission, its mission to protect investors.''
Finally, the Americans for Financial Reform stated: ``This legislation is transparently an effort to paralyze the SEC and to empower Wall Street lawyers to overturn its decisions and sue and not to improve its analysis or decisionmaking process.''
I urge my colleagues to heed these warnings and to really hear what these representatives of the public are saying; and I urge them to vote ``no'' on the underlying bill.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself such time as I may consume.
My Republican colleagues, regrettably, want to impose cost-benefit analysis that tilts towards industry costs because they know something that they don't want the American people to know. An impartial cost- benefit analysis of Wall Street reform rules would inevitably demonstrate how wildly beneficial such rules are to the U.S. economy and to the lives of everyday Americans.
Earlier this week, the bipartisan think tank, Third Way, found that Dodd-Frank's bank capital rules will add $351 billion--as in B, billion--to the U.S. economy over the next 10 years. This report presents a cost-benefit analysis that shows that, while lending becomes slightly more expensive when banks are required to maintain higher capital levels, the benefits of mitigating another financial crisis greatly exceed any costs. This report is one of many which Republicans intentionally ignore.
Reducing the likelihood of another financial crisis does not come without cost, but the costs are worth it. Let us not forget the widespread human suffering that has been felt across this Nation because of the financial crisis. The 2008 financial crisis destroyed 8.7 million American jobs, wiped out $2.8 trillion in retirement savings of ordinary Americans, and led to the foreclosure, the loss--15 million Americans lost their homes due to financial mismanagement in this country.
If those aren't significant costs for policymakers to consider, then what else is?
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself such time as I may consume.
I want to point out that with Dodd-Frank and the reforms that the Democrats put in place, our economy bounded back faster and stronger than all of Europe. And I must say that one of the areas that we need to work on, where we are falling behind in our economy, is exports. We need to support exports.
Despite all the talk that we hear from Republicans about enacting policies that support jobs and job creation, and the slew of tweets from the President-elect discouraging American companies from moving U.S. jobs overseas--and I support his efforts to stop our companies from going overseas--one proven job creator has remained on the sidelines, and that is the U.S. Export-Import Bank. This Bank has played a critical role in opening up international markets to U.S. exporters, which, in turn, helps create and preserve jobs here in America.
The export-import banks of our competitors are supported by those countries five times more than what we do here in America. In fact, the ability of the Export-Import Bank to even operate, even though it makes money and has succeeded in building up American exports, has been hamstrung by the leadership of my good friends and colleagues on the other side of the aisle.
In recognition of the Bank's success and supporting U.S. jobs over the past 80 years, in December of 2015 the House and the Senate voted with overwhelming majorities to reauthorize the Export-Import Bank. Despite this broad support, the Bank has remained hamstrung because, with three empty seats on its five-member board, the Bank lacks the quorum it needs in order to approve transactions over $10 million.
Although President Obama nominated two individuals to serve on the Ex-Im's bipartisan board, the Senate Republican leadership refused to consider them, and Ex-Im's board remains without a quorum. They can not approve these exports. I think it is a national scandal.
Indeed, it has been more than 18 months since the Export-Import Bank's board was last able to consider transactions, which has limited its ability to ensure U.S. workers and businesses of all sizes are able to compete around the world for contracts, as well as support jobs for the many small businesses that contribute to the supply chains for these high-value exports.
In fact, the bank currently has 50 transactions in its pipeline valued at nearly $40 billion, which, if approved, would support more than 100,000 American high-skill and high-wage jobs. I intend to bring this to the attention of the President-elect.
So, as we talk today about how these Republican bills will create American jobs, I think it is important that we look at the GOP's full record on job creation or, might I say in this case, job prevention. As their record shows, Republican leaders have been all too willing to let U.S. jobs slip away to our foreign competitors.
Until Congress restores Ex-Im to full functionality, U.S. companies selling expensive capital goods such as aircraft, locomotives, nuclear reactors, and turbines will remain at a unique competitive disadvantage because their foreign competitors all enjoy ample financing from their home-country export credit agencies--enough to easily knock U.S. companies out of the competition. This is unfair.
We cannot compete and win in the global economy unless we support our businesses. We will lose global market share in key sectors such as the satellite industry, aerospace, and telecommunications. We will lose tens of thousands of jobs as some of the biggest U.S. exports suffer declining overseas sales, and, eventually, some of
these companies would be forced to move jobs to where export credit is still available. We have seen this reported in the news daily where they are moving to our competitors.
So, in short, we need to support the Export-Import Bank. We need to not hamstring the SEC by requiring it to have unnecessary, time- consuming, duplicative rules that are already in place and that allow people to sue them more easily.
Mr. Chairman, I urge my colleagues on both sides of the aisle who care, as President-elect Trump does, about job creation to be opposed to this bill.
Mr. Chair, I yield back the balance of my time.