Mr. President, how much time remains? I will not use all of 12 minutes. I will take a few minutes. I spoke last evening about my friend's amendment, and it wasn't to a packed Chamber, I can tell you, at 8 o'clock last night. But I am sure…
Mr. President, how much time remains?
I will not use all of 12 minutes. I will take a few minutes.
I spoke last evening about my friend's amendment, and it wasn't to a packed Chamber, I can tell you, at 8 o'clock last night. But I am sure the Senators all received copies of it or listened to it intently as you were dozing off last evening.
Let me, first of all, thank Jeff Sessions. He is a good pal and friend, and we have worked together on a number of issues. Senator Corker, who is on the floor as well, in many ways--both Bob Corker and Mark Warner of Virginia--is as much the coauthor of the very section we are talking about as anyone in this Chamber. He spent a lot of hours trying to put this together.
But here is the quandary with the Sessions amendment. One of the things we have tried to avoid is, of course, getting back to too big to fail. The presumption of our bill is bankruptcy. Clearly, we want to get people into bankruptcy, if they deserve to be there. If they deserve to fail, they should fail. The problem is, when you end up pushing some large, highly complex entity into bankruptcy, it can have the unintended collateral damage effect of affecting otherwise solvent, good companies that are well managed, well run, and who employ a lot of people and are doing a good job. When these highly complex entities are shoved into bankruptcy, there can be collateral damage and other companies can suffer.
I am shorthanding this, in a way. So the idea was, on some rare occasions, and hopefully they are very rare, when that possibility occurs and you have to go through a number of hoops to get to that conclusion, that we would have a mechanism for a resolution, a winding down of that entity, to avoid the kind of collateral damage that could cause if bankruptcy were the only option for those complex entities.
What you are faced with, if the Sessions amendment is adopted, is right back where we were in the fall of 2008 where the choices are bankruptcy or bailout, in a sense, where bankruptcy would pose, as Lehman Brothers potentially did, as we saw, a lot of collateral damage because there was not a wind-down resolution mechanism. Whether it should have been used in that particular fact situation, I don't want to try to make that case. That is not my point, not making my case. But let's say it is a Lehman Brothers-like situation where we would all agree that company ought to be put out of its misery, but to go through traditional bankruptcy would have the collateral effect of taking a lot of other people with it in the process who do not deserve to go down, not to mention the jobs and the impact on the economy.
Senator Corker, Senator Warner, and others obviously working with it, came up with this. They listened to a lot of people. Again, no one ever knows if you have this exactly right. We talked about all the things. We had exactly right what we want to do. We know what we want the outcome to be. Whether we did it right so it will work exactly as we planned we will never know until the first case pops up and determines whether what we put in place achieves its goal. But in the absence of that, we are right back where we were.
If someone said to me: What is the most critical part of this bill-- that is a hard thing to ask someone who has been involved in a lot of it, but if you said: We are only going to let you keep one section of this bill; you are going to have to get rid of everything else; which section would you keep, Senator, this is what I would keep because this is what exposed the American taxpayer to that $700 billion check they had to write because we didn't have an alternative in place to deal with moments like that. Hopefully, they rarely come.
There were a lot of events that led up to it that we tried to deal with in this bill as well, including the underwriting standards and all sorts of things to minimize ever getting to that point where you have to make that decision. But we have all been around long enough to know they can happen, and when they happen again, what will be our answer? We had an option out there, but we got rid of it.
America, you have to make a choice. A lot of other people are going to suffer unnecessarily, but bankruptcy is the only choice to go. We would look back and say: Why didn't we put in place some alternative mechanism in those most rare occasions where some alternative other than bankruptcy should be in place?
That is the shorthand version of a lot of conversation, a lot of talk over a lot of months to this point.
Senator Leahy, the chairman of the Judiciary Committee, opposes the amendment. Other members of the committee may agree with Senator Sessions. I don't want to suggest this is necessarily broad dissent, one side or the other. But this is as critical as it gets on this bill.
I say to my colleagues, there are a lot of amendments being offered, and frankly I might be against them or for them. If they are excluded or included, I might be disappointed one way or the other. If we get rid of this, I don't know how in good conscience you can walk out of the Chamber and look the American taxpayer in the eye and say again: We have now protected you against too big to fail.
For those reasons, I urge the rejection of the Sessions amendment, and I say that respectfully of a good friend.
I yield back the remainder of my time.
I have to ask for the yeas and nays under the order, don't
I will be glad to yield. Instead of yielding my time, let me yield 2 minutes to my friend from Tennessee.
I will take 30 more seconds.
Here is the concern. With smaller entities, I can see the case where they should go to bankruptcy, and that may happen. We are talking about very complex, interconnected ones.
My colleague is correct, by the way. I should have made note of this. We did try. And, again, it is not the fault of the Judiciary Committee. They have been overwhelmed with judicial nominations and everything else.
The present bankruptcy process does pose an issue with large, complex entities for the very reason I outlined, and therefore you need some mechanism because then the alternative is bailout, I presume, rather than having a lot of innocent companies fail, with a lot of unemployment occurring and damage to the economy. There is a step that will have to be worked on.
I don't disagree on GSEs. I care deeply about that, and it is an area that needs to be reformed. But at this juncture, to strip this out is to throw us right back. My concern is not what else needs to be done down the road, but if you strip this out at this juncture, we leave ourselves very vulnerable.
With the Shelby-Dodd amendment that passed 93 to 5, I think it was-- we tried to fill in a lot of gaps people have. We got rid of that prepayment issue that people had a lot concerns about, and it is a postpayment system. All of the issues we tried to resolve.
I appreciate the comments of my colleague from Tennessee.
With that, I yield back the remainder of my time and ask for the yeas and nays.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I ask unanimous consent that the pending amendment be set aside so that I may call up Senator Wyden's amendment No. 4019 and Senator Thune's amendment No. 3987.
Mr. President, I ask the senior Senator from Oregon, does he want to be heard on his amendment?
My pleasure is we have the vote on the Wyden-Grassley amendment. So whenever that can occur, I am for it. We can do it right now. I am for it now.
It is not my sole decision, of course.
I can say to my colleague from Oregon that I expect momentarily we will work out some time agreements and we will schedule a vote fairly quickly.
I suggest the absence of a quorum.
Madam President, before our colleague from Delaware leaves the floor--I said this once before, but I want to repeat it. Our colleague from Delaware has only been here a few months, I guess--a little over a year now; it goes by very quickly--having stepped in after our colleague, Joe Biden, became Vice President, and I do not know how well noticed it goes, but Senator Kaufman, I believe almost on a daily basis or something like that----
On a weekly basis--takes a few minutes to recognize people whose names and faces I am sure most Americans have never known or seen. Their families and neighbors are familiar with them. But he chooses three or four people who have worked on behalf of all of us, in many cases for years, without ever getting the kind of notoriety and celebration people in elective office receive. I wish to thank him for doing it. It is not a piece of legislation. It is not an amendment to a bill. It is not some ordinance or some treaty this Senate has an obligation to engage in; it is merely taking a little time to recognize some very fine Americans. We all hear about the ones who mess up and do things that are wrong. They get the headlines. But every day, there are literally thousands of people in this country who go to work on behalf of the American public who do their jobs diligently and serve us all tremendously well. The fact that one Member in this body every week takes a few minutes to say thank you is something I deeply appreciate, and I thank him.
I note the absence of a quorum.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, what is the pending question?
Mr. President, I now withdraw the Wyden amendment.
Mr. President, I ask unanimous consent that the Senate now resume consideration of the Durbin amendment No. 3989 and the Thune amendment No. 3987; that the Durbin amendment be modified with the changes at the desk; that the amendments be debated concurrently for a total of 10 minutes, with the time equally divided and controlled in the usual form; that no amendment be in order to any of the amendments in this agreement prior to a vote; that upon the use or yielding back of time, the Senate proceed to vote in relation to the following amendments; that the Durbin amendment be subject to an affirmative 60- vote threshold; that if the amendment achieves the threshold, then it be agreed to and the motion to reconsider be laid upon the table; that if the amendment does not achieve the threshold, it be withdrawn: Durbin amendment No. 3989, as modified; Thune amendment No. 3987; that after the first vote, the succeeding vote be limited to 10 minutes, with 2 minutes of debate prior to each vote, equally divided and controlled.
Mr. President, I couldn't hear. What is the situation we are in?
Mr. President, I suggest the absence of a quorum.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I renew my unanimous consent request.
Mr. President, I ask unanimous consent that upon disposition of the above-mentioned amendments, the Senate resume consideration of the Collins amendment No. 3879 and that the amendment be considered and agreed to and the motion to reconsider be considered made and laid upon the table.
Mr. President, I ask unanimous consent that the following be the next first-degree amendments in order: Rockefeller-Hutchison, the FTC amendment; Senator Crapo, the GSE on budget amendment; Senator Mark Udall of Colorado, No. 4016 regarding credit scores; Senator Shelby's amendment No. 4010 re: the consumer bureau; Senator Whitehouse's State usury laws; Senator Vitter, No. 4003, the manufacturing amendment; Senator Cantwell and Senator McCain's Glass- Steagall amendment; and Senator Cornyn, No. 3986 regarding the IMF.
I suggest the absence of a quorum.
Mr. President, I thank my colleague from Rhode Island for his very generous comments. We have worked closely together. He hasn't been here a great deal of time, but he was an invaluable asset last year about this time when we were spending an awful lot of time together. I had become sort of the acting chairman of the HELP Committee when my dearest friend in this Chamber became terribly ill, Senator Kennedy. He asked me to take over that committee for him. We were charged with the responsibility of putting together a sizable portion of the health care proposal. The Senator from Rhode Island was an invaluable asset in that process. We had some critical moments, which I will not go into now, but in those critical moments, he played a remarkably important role. Some day, I will have time to spend more time going back and writing or talking about those days. I can point to several moments when, in the absence of Senator Whitehouse's involvement, I am not sure we would have ever concluded the process as successfully as we did. I am eternally grateful to him for that. He has since then moved off that committee and he is doing other things. He is terribly interested in this subject matter, financial reform. I commend him for his passion and determination to have these issues raised.
Mr. President, I am going to be very brief. Our staff has been very patient all week. You only get to see them when the cameras pull back and we are in a quorum call. The wonderful floor staff people do a remarkable job. Our reporters of debates here do a terrific job reporting the words of every Senator who has spoken. I am grateful to them.
I briefly say, Mr. President, we have now, I think, done some 30, 35 amendments on this bill. We have been at this for a couple of weeks. The legislative days, I think, are 6 working days--maybe 7, which doesn't seem like much, but it is an awful lot. Important amendments have been debated, accepted, and rejected on both sides of the aisle.
I was determined at the outset to prove not only that we can pass important legislation, but that we can do it with a strong dose of civility in the process, and that while we have strong views and we speak, as I do from time to time, with some degree of emotion and passion about things I care deeply about, that should in no way be a reflection of my feelings for my colleagues. We have allowed a lack of civility in recent years, which makes it more difficult to get our jobs done. We didn't get elected here to let those emotions dominate our jobs on behalf of the people who sent us here.
In the last couple of weeks, we have produced a good bill, a stronger bill, but in a way the American people can take pride in how their Senate is operating. I am grateful to all my colleagues and the staffs and others who make it possible for us to do this. These people are knowledgeable about what needs to be done to work out language that allows us to move forward. They don't get mentioned or talked about, and they don't give speeches, but they play an integral and important role in how this institution works.
Amendment No. 3758 to Amendment No. 3739
Mr. President, I ask unanimous consent that the pending amendment be set aside, and on behalf of Senator Rockefeller, I call up amendment No. 3758 and ask that once it is reported by number, it be set aside.
Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.
Mr. President, I suggest the absence of a quorum.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.