Mr. Chairman, if I may just make a comment in the beginning here and ask you the question: Is it correct to say that nothing in this act is meant to distract from any rights of recovery against private parties to redress wrongdoing that…
Mr. Chairman, if I may just make a comment in the beginning here and ask you the question:
Is it correct to say that nothing in this act is meant to distract from any rights of recovery against private parties to redress wrongdoing that exists under Federal or State law?
Thank you, Mr. Chairman.
Madam Speaker, I rise today with a heavy heart. The reality is, as my friend from Virginia (Mr. Davis) said, we don't have a perfect bill here. We do have a perfect storm, however, and we have a bad situation. The inaction, or the failure to act, could be exacerbating to this situation to the extent that most of us can't even imagine how bad it could get.
I'm not here in defense of Wall Street fat cats nor am I here in defense of those who perpetrated this greed and this expansion over the last 5 to 7 years that has caused this problem. I'm not here as a faultfinder of who is responsible politically, economically, socially or otherwise.
I am here because I recognize that there is going to be hurt, extreme hurt, if we do nothing, and I want to make sure that my constituents and that the rest of the public watching this understand that we're not bailing someone out in a far-off place called Wall Street. We're making sure that next week and that next month a worker in my hometown of Nanticoke, Pennsylvania will be able to go to his ATM machine and draw out money, that he will be able to be paid by a check or by a cash transfer that will give money to his account so that he can spend it on his family. I'm here so that he can continue to negotiate to buy a new home or a used home or so that he can provide for his family goods or services that are necessary and that may disappear.
So often, many of us get so far removed from history and from circumstances of the past that we hardly remember or recall what people told us could be. I think it would be a good thing for all of us to refer back to some of the movies that depicted the Great Depression and for all of us to just look at what can happen when there is the total collapse and failure of an economic system. I don't want to see that happen again in America.
In order to see that that does not happen, it is necessary that we take action on this bill. This is not an easy vote for any Member in this Chamber, and I will be the last one who will cast dispersions as to what the motivations for voting ``yes'' or ``no'' will be by my fellow Members. However, I will tell you this:
It is time for all good men to come to the defense of their country and to the times. In my opinion, that means we must put aside our own personal careers and our own personal thoughts and even our own ideas of what would be the right thing and vote to save this country's economic system. If we fail to do this in this 11th hour, we are already starting to see around the world, through the window of television, just what can happen to the markets of this world and, eventually, to all of the small towns across this world.
I think that we've done a hard job in trying to put into this bill the safeguards for the taxpayers, the modifications that are necessary. It was an extreme bill, three and a half pages, giving total dictatorial power to the Secretary Treasurer.
We have modified it over these last 7 to 10 days to make it more livable, but not perfect. What I urge my colleagues to do is put aside partisanship, put aside fear, and realize why we're here. Only a couple of times in a decade are we asked to stand up and be counted; this is one of those historic moments. I urge my colleagues to show the fortitude to vote ``yes.''
Introduction
Madam Speaker, as our great Nation faces one of the most severe economic crises in its history, I share the sense of outrage of the American people that we find ourselves in this situation. I am angry at our regulators who did not do enough to prevent this deeply troubling situation. I am angry that we have reached a moment in which those who followed the rules are now being asked to help those who flaunted the rules. But most of all, I am furious at the greed of the fat cats on Wall Street who created the financial products that led to this mess.
Today, the Members of this storied institution must choose between two bad alternatives. First, we could opt to do nothing. According to many reputable economists, this choice carries the grave risk of resulting in an almost certain global financial meltdown. Second, we could choose to act by voting for the legislation before us. This choice--while admittedly an expensive and imperfect one--provides the urgent injection of vast government resources to unclog the financial arteries of our capital markets so that our economy can, hopefully, begin to function more normally once again.
Ironically, the choice of inaction, which is the risky choice for the good of our Nation, is the safer choice for the good of the lawmaker. But political expediency must sometimes yield to practical necessity. In this situation, we ultimately have to do what is right. So, to resist the call of duty by voting against this package is, for me, simply not an option. I urge my colleagues to be brave, put partisanship aside, and send a message of consensus to the Amierican people. By working to restore confidence in our credit markets, we will ultimately prevent severe economic consequences for the families living and the small businesses operating on Main Street.
In the midst of another global economic crisis 75 years ago, President Franklin Roosevelt said, ``One thing is sure. We have to do something. We have to do the best we know how at the moment. If it doesn't turn out right, we can modify it as we go along.'' I have concluded that this bill is the best we know how to do at this moment. We should all support it for the good of our Nation, and we can always change it later.
In sum, only action will protect the hard-working American people who, if we do not act, will lose their jobs, their paychecks, their pensions, their homes, and their very way of life as a result of the severe hardships a severe economic downturn will bring. Because I cannot in good conscience sit idly by as disaster is looming, and because I understand the potentially devastating effects on middle class families and retirees if we fail to act, I must vote for this bill.
How the Economy Reached this Point
The causes of our current financial turmoil are many. Some of the contributors to this paralyzing credit crisis include an environment of easy credit and low interest rates, lax mortgage underwriting standards, and a national housing bubble, wherein prices rose to levels well beyond the reasonable values of homes.
My concerns about the rapid growth in home values led me in July 2002 to question Alan Greenspan about the potential of a valuation bubble in the housing markets and about what could happen to the economy if the bubble burst. Chairman Greenspan responded that he saw ``no evidence'' of ``a national bubble in home values'' and that the matter did not need to be addressed by policy reforms. If only he had answered differently, we might have been able to take action in time to prevent the economic turmoil that we are now experiencing.
The unfettered creation of new, complex financial products also contributed to the present crisis. Financial wizards first packaged faulty loans into securities and then divided and combined these financial instruments into novel products like collateralized debt obligations, which received strong estimates of creditworthiness from ratings agencies. The geniuses of Wall Street also insured their bets with flawed credit default swaps. They additionally developed and sold financial derivatives whose risks few participants in the marketplace fully appreciated.
This financial house of cards began to collapse once borrowers with subprime mortgages began to default on their loans in greater and greater numbers. These defaults undermined the associated mortgage- backed securities, collateralized debt obligations, credit default swaps, and derivatives. Eventually, the
collapse of the subprime mortgage market infected the prime mortgage market, which in turn infected the American financial system.
Once the contagion spread into our increasingly interconnected global financial system, banks and other financial institutions began to lose confidence in one another as they could not determine the true exposure of their partners to the underlying problems. As a result, they stopped lending to one another.
Our present predicament also results from one of the cardinal sins: greed. The titans at investment banks simply could not make enough money, and they increasingly leveraged their investments with fewer and fewer assets. Further, they created, bought, and sold financial instruments for which they neither completely understood nor fully appreciated the risks. In pursuit of the dream of homeownership, far too many Americans also borrowed too much and lived beyond their means with the help of low interest rates and access to easy credit.
Rather than lament the past, however, we must rise up to overcome this challenge, correct our mistakes, and reestablish an economically sound America for ourselves and future generations. The economy is a man-made construct. Man made it, and man can fix it. We are working to fix our economy with this legislation.
Why We Must Act Now
We should not underestimate the urgency that this credit crisis demands. Money and credit are the lifeblood of an economy, and during the last year the credit markets have become increasingly clogged as financial institutions' trust in one another has worn away because of the troubled assets that they hold. As a result of this lack of confidence, bank lending to other banks has come to a virtual halt. When banks stop lending to one another and hoard their cash reserves, small businesses and consumers are the ones who are ultimately hurt the most.
Lines of credit that were once open could be, and in some cases have already been, closed. Without access to credit, businesses might not have the money they need to pay their workers and workers could lose their jobs. A shutdown of the credit system would also result in difficulty in getting loans to go to school, buy a home, pay for emergency needs, or expand a business. It could also result in further significant drops in the prices of stocks and bonds held in the retirement plans of workers and the pensions of senior citizens.
Moreover, a pervasive lack of confidence by the participants in our capital markets has now created a vicious cycle. After pursuing in recent months a number of piecemeal, makeshift fixes at several financial services companies to address specific problems resulting from the credit crisis, Treasury Secretary Henry Paulson and Federal Reserve Chairman Ben Bernanke determined on September 18 that they needed even more power to repair the problems in the credit markets, restore confidence, and promote a sense of optimism.
Secretary Paulson and Chairman Bernanke, along with many highly regarded experts, have therefore advised the Congress to take bold action to shield average Americans from the harm caused by the credit crisis. In analyzing the contributing factors that led to the Great Depression, many have concluded that the Government should have taken decisive action earlier to prevent, forestall, and lessen the effects of that sizable economic downturn. By taking bold action now in response to this latest economic crisis, we are learning from the lessons of the past.
Many Americans view this Government intervention as a bailout of Wall Street and as an unjust reward for bad decisions and irresponsible behavior. Americans have good instincts, and they are not wrong to view the situation in this light. After all, irresponsibility and greed on Wall Street have provoked anger in nearly all of us in recent days.
Americans also feel isolated from the consequences of the current economic strife because most of them have yet to experience its direct effects. As countless economists, however, have warned us, Americans have a false sense of security about their current economic prospects: They wake up, go to work, get paid, make a withdrawal from an ATM, fill up their gas tank, buy some food, and go home. To them, things still seem relatively normal.
To protect hard-working Americans and retirees from this economic tidal wave, the Congress must act now before it is too late. In voting for this legislation, I am not voting to help Wall Street fat cats. Instead, I am voting to safeguard the jobs, paychecks, pensions, savings, homes, and security of average Americans. In short, I am voting to protect their very way of life.
The Faulty Initial Plan
Like every American who read the initial 3-page legislative proposal, I had very strong concerns about the plan that Treasury Secretary Paulson sent to the Congress to create a program of $700 billion to permit the Government to purchase the troubled assets of financial institutions. It would have essentially provided the Treasury Secretary with an open-ended, blank check. It lacked needed controls, it failed to reform business-as-usual on Wall Street, and it did not do enough to protect the interests of taxpayers. Moreover, the initial plan would have granted the Treasury Secretary vast, unchecked powers without oversight by the courts and the Congress.
This unacceptable package would have given Americans a raw deal because executives suffered no consequences for their reckless behavior. Taxpayers also received no promise of repayment for their contribution. Corporations additionally would have been bailed out by the taxpayers and then allowed to walk away with all of the profits, leaving average Americans to fall behind even further.
In sum, the first version of the plan that the Congress received from Secretary Paulson was ill-conceived and unfair to the taxpayers. The Congress rightly rejected this first draft.
The Vastly Improved Plan
Fortunately, we live in a democracy, and as the Chairman of the House Financial Services Capital Markets Subcommittee, I worked with Financial Services Committee Chairman Barney Frank and other leaders in the Congress to make significant changes, negotiate a bipartisan compromise, and improve this legislation as much as possible and as quickly as possible. In brief, we revised the plan to protect taxpayers, limit executive pay at distressed companies getting help, establish strong oversight and accountability, and cut overall costs. As a result, the original proposal of less than 3 pages grew into a final bill of 110 pages.
The final bill protects taxpayers in many ways. It cuts the initial outlay of $700 billion in half and conditions the installment above $350 billion on legislative review. It also gives taxpayers an ownership stake in the companies assisted by the program. This change will ensure that Americans share in any future profits of the distressed entities that it helps with the chance to buy stocks low and sell them high. The bill also protects taxpayers by requiring the program's managers to minimize short-term costs, maximize long-term gains, establish fair contracting procedures, and curtail conflicts of interest.
This bill now protects taxpayers in one other important way. During my opening comments to Secretary Paulson and Chairman Bernanke at last week's hearing of the Financial Services Committee, I said that we needed to seek ways to pay for this massive Government intervention, including placing surcharges on millionaires' incomes and raising fees on securities transactions. I am therefore pleased that the final bill now before us guarantees that taxpayers will be paid in full, if other protections have failed to produce a profit. Specifically, if after 5 years the program has a shortfall, then the President must submit to the Congress a proposal that recoups from the financial industry any projected losses to the taxpayer. This reform is sensible and prudent.
In developing this bill, I also sought to prevent those who contributed the most to this crisis from further profiting by revising the initial Treasury plan to ensure that the Wall Street executives who ask for the Government's help do not continue to get fat paychecks. The final bill also blocks multi-million dollar golden parachutes at distressed companies so that CEOs land just as hard as average workers when they lose their jobs. Moreover, the final bill claws back big bonuses earned by CEOs as a result of financial statements later found to be false or inaccurate.
The final bill also checks the Treasury Department's power in several ways. The Congress will now have the full authority and resources to examine executive decisions with a Congressional Oversight Panel. The revised legislation additionally provides for meaningful judicial review. Our constitutional system works well because of a balance of powers among the branches of government. In short, the final bill recognizes the importance of this balance. These changes helped to correct some of the most flagrant excesses of the initial Treasury plan.
In addition, I worked to ensure that the final bill provides for strong accountability and real transparency. The final bill puts in place a permanent, in-house watchdog to stop waste, fraud, and abuse. It also provides for the real-time disclosure of business transactions on the Internet so that the American public can inspect the assets they are buying. I strongly support the provisions in the bill to force Federal financial regulators to cooperate with the Federal Bureau of Investigation in its efforts to find the wrongdoers who committed crimes in the development, advertising, and sale of the financial products that contributed to this crisis.
This final bill, moreover, will help struggling homeowners because it allows the Government, as the holder of mortgages and mortgage-backed securities, to do all that it reasonably can to prevent foreclosures through loss mitigation efforts. Among these provisions is a new duty for servicers to modify loans based on the best interest of all investors in a
pool of mortgages rather than the interest of any individual investor. This change in the law is based on those reforms found in the Emergency Mortgage Loan Modification Act, which I introduced with the gentleman from Delaware (Mr. Castle). This reform and the other foreclosure mitigation requirements in the final bill will help to keep people in their homes and spur economic recovery by preventing real estate prices from falling further and perhaps even helping prices to rise.
Providing Oversight and Regulation Going Forward
The public should view passage of an economic stabilization package to forestall disastrous consequences for average Americans as only the beginning of our work in the Congress. In the months ahead, we must all commit to examining what went wrong and to writing tough new laws to improve the regulation of our financial system and safeguard consumers. We must also enact new laws to control excessive greed and protect against future risks to our entire economic system.
Our capital markets have evolved significantly in recent years, and our outdated regulatory structure was clearly not up to the task of regulating today's marketplace. Moreover, the recent events in our markets have clearly put a tombstone on the era of deregulation. As many of us on this side of the aisle have long believed, only Government can save capitalism from its own excess. To control a free market, I therefore believe that we need sensible regulation and strong enforcement. We also need greater coordination in our financial regulation, as is the case in other countries like the United Kingdom.
Our regulatory system must also have the flexibility to respond to innovation. The financial services industry has created a number of complex products like derivatives and credit default swaps in recent years, but we have yet to properly regulate these instruments. In July, before American International Group collapsed under the weight of its sizable credit default swaps, I began working with the Government Accountability Office to identify appropriate legislative and regulatory reforms to improve the oversight for structured finance products.
Because we live in a global economy that is interconnected, protecting against systemic risk must additionally become one of our highest reform priorities. If one proverbial domino falls, we cannot allow the chain to continue. The recent crisis has vividly demonstrated the consequences of not effectively regulating against systemic risk. Failure in one segment of the market inevitably brings other segments down with it.
Still further, we must act to pass new laws to protect consumers from lax underwriting standards, compromised appraisals, and faulty mortgage servicing practices. I introduced a strong consumer protection bill to achieve these goals more than 3 years ago, and last year the House passed H.R. 3915, the Mortgage Reform and Anti-Predatory Lending Act. This latest bill to crack down on predatory lending practices is substantially similar to the content of the bill I first proposed in 2005. The Senate now needs to complete its work on these matters.
summation
In conclusion, the bill before us is still imperfect, but for the good of our Nation we should pass it. The adoption of this legislation will, first and foremost, help to safeguard the jobs, pensions, and paychecks of average Americans. We have made significant improvements to this bill during the last 10 days to protect taxpayers, provide robust oversight, and limit excessive compensation for CEOs and executives, among other things. This bill is now much better, and it deserves everyone's support because our Nation's economy depends on it.
Today, the eye of an economic hurricane is fast approaching. To protect the way of life for average Americans, we must rise up to meet this challenge and come together. We cannot sit on our hands. Instead, we must act and pass this bill. As my fellow Pennsylvanian, Benjamin Franklin, said at the founding of our country, ``We must all hang together, or surely we will all hang separately.'' I urge support for the Emergency Economic Stabilization Act of 2008.