Madam President, I will take a few minutes, if I can, recognize myself for 10 minutes, if I may, and ask the Presiding Officer to notify me when that time has expired. Madam President, I have great affection for my friend from Nebraska and…
Madam President, I will take a few minutes, if I can, recognize myself for 10 minutes, if I may, and ask the Presiding Officer to notify me when that time has expired.
Madam President, I have great affection for my friend from Nebraska and I appreciate his comments about the bill. He wants to fix the bill. That is a noble goal. And the way to fix the bill, of course, is to begin debating the bill. So I am delighted to hear he would want to fix the bill. The problem I have is I cannot seem to get enough people on the other side to get us to the point where we might give them an opportunity to do exactly what they claim they want to do.
I am happy to yield, just for a second.
Kansas. Excuse me. I am sorry.
I apologize to my colleague.
But in basketball, you do very well, so it is OK.
Kansas, not Nebraska.
I thank my friend.
Anyway, my point is, we want to get to the bill. And whether it is my Senator friend from Kansas or Nebraska, we want to get to the bill, if we can. That is all this is about now. I am going to talk about the bill a bit here in the brief moments I have before we actually get to the vote this afternoon on this matter.
The American public is sitting there in sort of stunned disbelief. Here we all acknowledge this huge problem that needs to be addressed for the 8.5 million people who have lost their job, the 7 million who have lost their homes, their retirement income. We know from all of the statistics what this financial crisis has caused.
Over the last year and a half, we have been busy trying to come up with the answers on how to solve this problem in the future. Here we are, with about 14 weeks left to go before the close of this Congress, with a bill on the floor of the Senate that we put together over many weeks and months--on a bipartisan basis, I might add. Here it is, Madam President. Now we are being told, despite the fact that 58 of us believe we ought to at least begin the debate--I am not asking anyone to vote for the bill. I am not asking you to vote for an amendment on the bill. All I am asking you is, Can we begin discussing this bill here? It is the job of this body to do so.
So I am delighted to receive all the lectures I have received from people from about whether they like the bill or do not like the bill or what they want to add to it or subtract from it, and that is all very interesting conversation. But the fact is, until we actually move to the bill--which will be the matter once again before us this afternoon--all that talk is nothing but talk.
If you have an idea on what you want to change in this bill, tell me about it. But, more importantly, let's debate it, discuss it, and then vote on whether to add it to this piece of legislation, or to take anything out you wish to take out as well. But I cannot even begin that process if, in fact, you continue to object to us getting to a debate.
So that is what this is all about.
I guess it does not pay to get your hopes up in this town, but I was still disappointed yesterday when we ended up coming up short with the votes necessary to proceed to the bill.
To be honest, I am still mystified by the reaction of our colleagues. Yes, we have heard all the rhetoric from the minority leadership. We have seen the thundering horde of Wall Street lobbyists descending on this community, having been paid millions of dollars to do everything they can to stop this, including the motion to even proceed to debating the bill. They had a victory yesterday. Congratulations to the Wall Street lobbyists. You had a great day yesterday. The American people do not even have a chance to hear a bill discussed that might avoid the kind of catastrophe that has befallen them over this past year and a half.
And, yes, we are all familiar with political considerations that seem as inevitable as the sunrise in this community. But still, I cannot bring myself to believe that every single member of the minority caucus wants to stand with the large Wall Street financial institutions that are the major objectors to this bill going forward.
This morning, as Goldman Sachs executives were testifying--including this afternoon--before a Senate committee, we all got another chance to understand why they feel so deeply wronged by this legislation.
As Frank Rich said in the New York Times this weekend--and I quote him--
[S]omething is fundamentally amiss in a financial culture
that thrives on ``products'' that create nothing and produce
nothing except new ways to make bigger bets and stack the
deck in favor of the house.
Our prosperity in the country was built on the hard work of generations of Americans. It was grown in the cornfields of Nebraska and Kansas, engineered in the laboratories of Massachusetts, forged in the foundries of Chicago, and manufactured, if I may say so, in textile plants such as in my home State of Connecticut.
It is deeply ingrained in the American ethos that, in this land of great opportunity, you build wealth by creating something: an idea, a product, a service.
This economic crisis was not caused by the creators, the producers, the small businesses, and the working men and women who abide by that guiding principle. It was caused by some on Wall Street who wanted to get rich without contributing a thing, by executives who simply come up with ways to circulate money around in a large circle, taking a piece for themselves every time that circle spins.
Operating in the shadows of our economic structures, in the places where regulators were not equipped to do their job, firms such as Goldman Sachs found ways to game the financial system, reaping unheard of profits and rewarding their executives with huge bonuses.
Understand exactly what these bankers were doing. They were not just trying to predict the future; they were betting on the failure of the mortgage market, a failure they themselves were in a position to cause.
Earlier this month, National Public Radio and the nonprofit journalistic organization ProPublica reported on another firm, a hedge fund named Magnetar. This hedge fund, according to the report, saw the housing market begin to decline in the year 2005, bought up enormous amounts of doomed bonds composed of bad mortgages--thus, keeping the market artificially inflated--and then made huge bets on the failure of the very bonds they had bought, now knowing how worthless they were.
Thanks to this scheme, the housing bubble grew bigger and collapsed harder. Magnetar walked away with billions of dollars in profits. Other institutions saw an opportunity to run the same scheme. The American people ended up paying the price, of course, as we all painfully are aware.
I am the chairman of the Banking Committee. I believe in the vibrant financial sector of our Nation. Small businesses need capital and credit. There are many honest people on Wall Street who, I believe, have helped others to build wealth in our country. So the problem is not that these executives got rich without contributing to America. The problem is that these executives got rich betting against America. They did it in secret where no one could see what they were doing, let alone stop them, until it was too late. They took outrageous risks with money that did not belong to them because they could, in their view. By the time anyone realized what was going on, they had managed to destroy much of the prosperity Americans had built over the course of generations.
Maybe I am naive, but I do not believe any Senator wants to be on their side in this debate. And do you know what. I have seen firsthand that there are Republicans who deeply want to get to this bill and get it done. That is why the legislation we want to bring to the floor reflects broad bipartisan agreement. This bill was not written by this Senator alone or a handful of Democrats on the committee. This bill was written in large part with the cooperation of my colleagues, both Democrats and Republicans.
The bill creates an early warning system so we can see and stop the next wave of dangerous financial products and practices before it threatens the economic stability of our Nation. It brings derivatives out of the shadows and into the sunlight so that Wall Street is held accountable for its actions. And finally, it puts a cop on the consumer protection beat so Americans can make smart decisions based on full information when they are planning for their financial futures and those of their families.
To listen to the minority leader, the main point of contention, over the last week or so, the reason he has given for his caucus to try and kill this bill as a bloc, is a disagreement over the provisions of our bill that end too-big-to-fail bailouts.
But I have to tell you, I do not believe that is the case. No fair reading of this bill allows you to claim with a straight face that it perpetuates taxpayer bailouts. It is not true. I have debunked that idea before on this floor, and I will do it again.
The morning after the minority leader made that claim, McClatchy Newspapers wrote:
McConnell--
Speaking of the minority leader--
had accused Dodd of drafting partisan legislation, even
though the Banking Committee chairman has worked for roughly
half a year with key Senate Republicans and incorporated many
of their ideas into his bill. McConnell also said the bill
continues controversial bank bailouts, but it doesn't.
If you do not believe the press reports, here is what our friend, the head of the FDIC, Sheila Bair, had to say. She, as I said, is the head of that organization, the Federal Deposit Insurance Organization-- former legal counsel to the minority leader Bob Dole, a Republican in good standing, I might add, as well. She shuts down, by the way, failed banks for a living. She is a Republican. She said:
The status quo is bailouts. That's what we have now. If you
don't do anything, you are going to keep having bailouts.
Further, talking about our bill, she said:
It makes [bailouts] impossible, and it should.
Sheila Bair says:
We worked really hard to squeeze bailout language out of
this bill. The construct is you can't bail out an individual
institution--you just can't do it.
Madam President, I will speak a little bit more. I know my other colleagues will want to be heard. I ask unanimous consent for 2 additional minutes, if I can.
How in the world the minority leader can come up with that argument does not make any sense at all. He quoted, of course, from the infamous Frank Luntz memo. The memo, of course, by Frank Luntz was written before the bill was written. Frank Luntz's political memo said the following:
The single best way to kill any legislation is to link it
to the Big Bank Bailout.
So he provided political recommendations and strategies even before this bill was written. The memo, of course, confirms that because of the date of it. So no matter what he wrote, that was going to be their political argument here. So the minority leader blindly followed the political memo here: Make that argument. Whether it is true is irrelevant, just say it often enough. And the old adage goes: If you repeat it often enough, people will begin to believe it, despite what the facts are. So again, that is the language of others.
But let me, if I can--because sometimes talking about it is not enough--let me quote from sections of the bill.
Section 204 of the bill says:
(1) Creditors and shareholders will bear the losses in the
financial company;
(2) Management responsible for the condition of the
financial company will not be retained.
Let me translate: You get fired.
(3) The Corporation and other appropriate agencies will
take all steps necessary and appropriate to assure that all
parties, including management and third parties, having
responsibility for the condition of the financial company
bear losses consistent with their responsibility, including
actions for damages, restitution, and recoupment of
compensation and other gains not compatible with such
responsibility.
Section 206 of the bill:
In taking action against this title, the (FDIC) shall
determine that such action is necessary for the purposes of
the financial stability of the United States, and not for the
purposes of preserving the covered financial company; ensure
that the shareholders of covered financial company do not
receive payment until after all other claims and the Fund are
fully paid; ensure that unsecured creditors bear losses in
accordance with the priority of claim provisions in section
210; ensure that management responsible for the failed
condition of the covered financial company is removed--
Again, fired, if you didn't understand those words--
and not take an equity interest in or become a shareholder of
any covered financial company or any covered subsidiary.
Lastly:
Notwithstanding any other provision of law, the
Corporation, as receiver for a covered financial company,
shall succeed by operation of law to the rights, titles,
powers, and privileges described in subparagraph (A), and
shall terminate all rights and claims that the stockholders
and creditors of the covered financial company may have
against the assets of the covered financial company or the
Corporation arising out of their status as stockholders or
creditors, except for the right to payment, resolution, or
other satisfaction of their claims as permitted under this
section. The Corporation shall ensure that shareholders and
unsecured creditors bear losses consistent with the priority
of claims provisions under this section.
We seem to agree on the problem, and we seem to agree on how to solve it. So, again, I quote from the legislation.
Let's get to this bill. We have written the provisions that stop too big to fail forever. There are other very important provisions in this bill that deserve consideration.
Again, I am not asking anyone to vote for the bill at this juncture or to vote for the amendments that come up. For the life of me, I don't know how we explain to anyone in this country, in light of what we have been through, that we can't even begin the debate and the discussion.
By the way, no two Senators are going to write this bill. There are 100 of us who serve here, and every single Member of this body has a right to offer amendments and be heard. As chairman of the committee, I will insist upon that. Every Member who has an idea and has an amendment will be heard. But, please, let's get to it.
With that, I yield the floor and note the absence of a quorum.
Madam President, I am told there are others who want to be heard, so I would at this juncture note the absence of a quorum.
Madam President, I ask unanimous consent that the order for the quorum call be rescinded.
I see my friend and colleague from Oregon. I will yield 10 minutes to the Senator from Oregon.
Madam President, I yield 5 minutes to our colleague from Washington.
Let me thank my colleague from the State of Washington. I appreciate very much her comments and her leadership.
I see my friend, Senator Brownback, as well. Madam President, I ask unanimous consent that the last 7\1/2\ minutes be reserved for myself before the vote. Is that the correct time; 7 or 7\1/2\ minutes? 7\1/2\ minutes.
I thank the Senator from Arizona. My intention was--let me say a couple of things.
I have reserved the last 7\1/2\ minutes. I think otherwise we might run out of time, I say to my friend from Arizona. I will just take 1 minute, if I may.
I want to tell him and say this to him. I have been here 30 years. I have chaired bills on the floor. I never chaired a committee before 36 months ago when I became chairman of the Banking Committee under our system. But I want to say this to my friend from Arizona and I want him to convey this to his colleagues through this vehicle: I would never deprive another Senator of the opportunity to offer amendments on the floor. I revere this body. I began my service in this body sitting on those steps over there as a page. And how the Senate works is because we all participate in the debate.
I know there are those who have this concern and fear. Obviously, you do not have unlimited debate forever. But the point is, amendments ought to be offered. I have colleagues on my side, politically, of the aisle who want to make this bill stronger, in their views. I know there are people who think I have gone too far with the bill and want to water it down a bit. That debate can only occur if we are on the bill. But I want my colleague to know, as one of the leaders of the minority, that I would never deprive another colleague of the opportunity to be heard, offer their amendment and their thoughts in that process.
Secondly, on the too big to fail, this goes back and forth. Senator Shelby and I have worked on this. I see the possibility that--if there are some workability amendments that tighten that up, I am all for that. Senator Boxer of California has an amendment that would say that nothing in this bill can ever allow taxpayer money to be used. I am for that amendment. I don't know how many different ways we can say it. I think all of us agree we don't want to see our country go through that again. So the only limitations here are, do we think we are finding additional language here that will satisfy us that we have done the job we think we have intended to do? Senator Shelby and I talked about how to do this. Again, if that is the holdup, that should not hold us up because we are both committed to that.
Thirdly, I want to say that there is a document circulating with some ideas of a Republican alternative that includes getting into the government-sponsored enterprises. I say to my friend, it is a huge issue, the GSEs. It is not just Fannie and Freddie; there are others. It needs a lot of work.
But this proposal I have read--and it is not legislative language--a lot of it, I don't have any problem whatsoever. I am not sure who the author of this is, but it has been circulated. Again, I am not endorsing everything here because it is just a concept, but if that is an amendment, the better part of what I have seen, about 90 percent of what I have seen here, I have no problem with at all. That can be an amendment included as part of our bill. But, again, I have to get to it. The difficult problem I have is everybody is coming with things they would like to add to or subtract from the bill, but, as my colleague knows, having been a leader around here for a long time, you have to get to the product. That is my frustration here.
Lastly, I am not going to bore him with too much detail here, but in section 1027--and I won't read all of it--the last lines on limitations, because of
the concerns people have about dentists or other people being drawn into our consumer protection section say:
Notwithstanding subparagraph (B), the Bureau may not
exercise any rulemaking, supervisory, enforcement, or other
authority under this title with respect to a merchant,
retailer, or seller of nonfinancial goods or services that is
not engaged significantly in offering or providing consumer
financial products or services.
And, again, to insulate against the very worry you would have, and others have talked about, the NFNIB, someone who has four installment payments--it may be your local grocer, people who show up and buy food and do not pay for it, but usually at the end of the month or the end of 6 months, you have to be in the business of financial services or products to be affected by the legislation.
Now, again, I know there are Members who have problems with that part of the bill. People on my side who want to strengthen it think I have not gone far enough on the bill. One of the difficult jobs is trying to reconcile differences that exist. But I cannot even begin to do so if we cannot even talk about it.
So that is my frustration as the chairman of a committee, trying to get us to a point where all of us want to be, I am sure. We do not want to leave here having said we did not really deal with this problem that everyone in the country--I know, Arizona, what you have been through in your housing issues is staggering. Florida, California, Arizona, I think Nevada probably rank in the most difficult States where housing prices have declined and foreclosures have occurred.
I know my friend from Arizona feels as strongly about this as I do. But I assure him, I will not deprive anybody of an amendment to be offered at all in the process. Secondly, we will try the workability issues on too big to fail and, again, language we have worked on on the consumer protection, and we think we took care of those dentists and others who were worried about it.
But, again, others may have amendments and ideas. I will have to consider them on the Senate floor, and all of us will have to vote on them. But I appreciate him giving me a little time to express my thought.
Mr. President, let me thank the distinguished Republican leader for his comments. Part of what he just said is worthy of note. This institution suffers. We operate on unanimous consent. That is the way it works. And inherent in unanimous consent is trust. It is the only way this institution has ever operated.
There has been, I think we would all have to acknowledge, a breakdown for a lot of different reasons. We have to get back to it. This is an opportunity to do that.
Senator Shelby and I have a very good working relationship. We trust each other. We talk to each other. We spent an hour together. We are meeting again at 5:00, after this vote today, to talk about one way or the other where the bill is. There has to be a return to that comity and understanding, while we have differences of opinion.
If the American people believe we cannot trust each other, when I say I will--I was asked at our conference lunch, again, the very question that my colleague from Arizona raised: Will I be allowed to offer an amendment, Senator Dodd? Absolutely, you will.
So it is a concern I know that everybody has about whether they can be heard on these matters. I would never,
as a person who reveres this institution, want to deprive anybody of an opportunity to be heard on a matter as important as this.
We have amendments I know are offered. I heard them--the cosponsors-- one Senator today listed the cosponsors of an amendment he wants to offer. There are more Republicans than Democrats on the amendment dealing with the Federal Reserve System. I have some concerns about that amendment. But the fact is, it has bipartisan support for an amendment they want to offer. There are a lot of these ideas. I know within the Republican circle there are divisions as well as to what ought to be in this bill. We have them on our side as well. It is not as if there is some bright line here, and there is one solid thought process over here, and an alternative one over here. We have about as many different views on this bill as there may be Members in this body.
But all I ask for is to get to this bill. Let's get to this debate. Again, the leader got up and said this was a partisan bill. I have worked very hard to avoid that. Back in November when I introduced the bill, there were objections on the minority side as well as on the majority side. We put it aside. We have spent from November up until just a few days ago trying to put a product together that would reflect all of this different thinking. It is a vastly different bill from the one I introduced in November. I know it is not yet to everyone's satisfaction, but we need to debate this bill, in my view.
It will take a long time. This is not going to be a short debate. I know that. But we need to allocate the time talking about what is in the bill or not in the bill rather than questioning each other's motives as to why we are not on the bill, it seems to me.
So my plea is, again, as Senator Shelby has said, I think we are about 80 percent in agreement. I believe that to be the case. If we are 80 percent in agreement, that ought to be enough of a basis upon which to move forward. If we were all in disagreement about everything, well, I might still believe we ought to debate it. So, again, I see my colleague--I realize he has to go, and we are going to vote in a couple of minutes. But I thank him for spending the time with me and to hear me out on these points. I am grateful to him for that.
Mr. President, those are sort of the points that I intended to make in these closing minutes of this discussion, once again. We had it yesterday, and here we are again this afternoon. With all of the things that people are going through in the country, it seems to me, again, this bill, which has been the product of a year and a half of work-- this was not drafted over a weekend or some short period of time trying to reflect the interests of my colleagues--is deserving of our consideration.
I am not asking to vote for this with this next vote. No one will be asked to vote for this. No one will be asked to vote for any of the various amendments I am sure will be offered, and I will welcome, as part of this debate, and that Senator Shelby and I as managers of the bill will consider them.
All we are being asked to do, in the next 7 minutes or less, is to give this product a chance to be discussed. This product reflects a year and a half of effort to answer the question: What went wrong that caused our economy and our Nation to go through the worst economic crisis since the early part of the last century? That is a legitimate question being asked. What are the gaps? What steps are we taking to fill in those gaps? Are there cops on the beat to protect us? Do they have the authority and the resources to do the job? Is there an early warning system? These are all issues upon which I suspect, based on my conversations over a year and a half--or more than that now--on which we have a lot of agreement.
I do not know of anyone in this Chamber who wants to support a bill that does not end too big to fail. If they exist, I have not heard their voices. I do not think there is anyone here who does not believe we should not have an early warning system so we can identify problems before they become the large ones that cost us as much as it has over the last year and a half.
I think all of us--I have heard my colleagues say they are for a consumer protection agency. I believe them. We have a consumer protection agency in this bill. There is a debate about how much authority we want to give them, the interface, the interaction with prudential regulators. Those are all arguments within the context of whether we ought to have a consumer protection agency.
There is not a position over here that I know of--maybe some have it--that they are just flatout against a consumer protection agency. Senator Shelby has told me, and others on the Banking Committee: We are for a consumer protection agency. They have differences about what ought to happen within that. That is the purpose for having the debate. We are told again, we heard it a moment ago: We ought to have the bright sunshine on derivatives, these exotic instruments that were used, went from $91 billion in 1998, to close to $600 trillion--that is with a T--11 years later.
That shadow economy contributed significantly to what we went through. Based on what I have heard, everyone thinks we ought to do something about that and not leave the situation as it is today, as it was 18 months ago, because nothing has changed since then, putting our Nation at risk once again. So we agree on that as well.
Let's have transparency. Let's have accountability. There are differences; I would be naive and foolish to suggest otherwise. But everyone seems to agree we ought to do something about it. So if we look at the major thrust of our bill--end too big to fail; set up an early warning system to avoid the problems we saw in the past; deal with these exotic instruments out there and have some agency that at long last might keep an eye out for the average citizen in this country, that watches their credit cards, their mortgages, and so many other financial activities they engaged in that became deceptive and fraudulent, that they suffered terribly.
So we all agree on the basic goals outlined in this bill. Differences exist, at least in one or two of the years. Too big to fail, I do not think there is any real disagreement. I do not think there is any disagreement on the early warning system, as I have heard the debate. The differences exist in what happens inside the consumer protection agency and what happens in the area of the shadow economy and dealing with the derivatives and other items, but not whether we want to do something.
So that is what we ought to be doing.
I ask unanimous consent for 30 additional seconds.
We have spent the last day debating whether we ought to have this. Let's vote to invoke cloture and begin the long debate we need to have. I urge my colleagues to do so.