Mr. President, I rise today to encourage our colleagues to support the passage, hopefully later today, of the Foreclosure Prevention Act of 2008, the legislation that has been on the Senate floor for the better part of a week now. I like…
Mr. President, I rise today to encourage our colleagues to support the passage, hopefully later today, of the Foreclosure Prevention Act of 2008, the legislation that has been on the Senate floor for the better part of a week now.
I like to think of this legislation not in isolation but as the third piece, if you will, of a series of steps that have been taken to try to stabilize our economy, to restore confidence in our economy, and to infuse liquidity into our financial system.
The first was really a series of steps taken by the Federal Reserve. The Federal Reserve has acted in an extraordinary way, not just in monetary policy and trying to lower the Fed funds rate but also in encouraging Federal banks to act and now investment banks to take advantage of the discount money, to borrow money when they need it, for the Federal Reserve to be willing to take and swap, if you will, highly liquid Treasury securities for very illiquid mortgage-backed securities that a lot of our banks are holding in their portfolios, allowing those swaps to take place to infuse liquidity into the banking system to encourage banks to begin lending money again.
The Federal Reserve is involved, as we all know, with JPMorgan Chase to engineer their takeover of Bear Stearns to prevent it from going into bankruptcy and probably creating a domino effect that would have brought down other financial entities and maybe made a bad situation even worse.
Those are some of the things the Federal Reserve has done. The Presiding Officer is different, he is not as old as me, but I have never seen the Federal Reserve take these kinds of steps as we enter into a period with this kind of uncertainty. But that is the first series of things that has been done, needed to be done, and is being done by the Federal Reserve. I applaud their action.
The second piece is the stimulus package we voted on and debated here a month or two ago and passed. Sometimes when stimulus packages are agreed to by Congress and the President, it takes so long to debate the package that by the time the effect actually takes place, we are coming out of the recession and it can have the overstimulative effect providing inflationary pressures. In this case, I think what has happened is the Congress and the President agreed in a timely way on our stimulus package, and it will have a modest effect on our economy, probably in the second half of this year. Some have said it will raise gross domestic product by as much as 1.5 percent by the second half of the year. I think the most important thing that came out of the adoption of the stimulus package was to send a clear signal to people, taxpayers and others, businesses, that around here, when the chips are down, Democrats and Republicans, Congress and the President can still agree on a series of actions to help boost the economy, to give the economy a little bit of a jump start.
The third piece in this process is the legislation before us this week and last. I call it a housing recovery package. There are a number of elements to it that are meritorious. I wouldn't oversell this package. This by itself is not going to save the day and prevent all foreclosures and bring the housing market back overnight or within a couple of weeks or months. But it is a third of a series of steps that will be helpful. It is going to be followed within the next maybe 2 months with a handful of other steps that I will talk about in a few minutes. Let me talk about some of the elements I think are most beneficial in this housing recovery package that is before us today. The centerpiece is FHA modernization.
The Federal Housing Administration was created about 75 years ago. It was born during the Great Depression. Out of the FHA came the possibility for home ownership for a lot of people who otherwise would never have become home buyers. People wonder, where did we get the 30- year fixed rate mortgages. They were a creation of FHA, a legacy of FHA. As recently as 6, 7, 8 years ago, probably 15 to 20 percent of mortgages were guaranteed or insured by the FHA, 15 to 20 percent. Last year the number was about 5 percent. We dropped, in roughly half a dozen years, from 15 to 20 percent of home mortgages insured by FHA to last year about 5 percent.
Where did those mortgages go? Where did people go for financial help to buy a home? A lot of them went to places they should not have gone. A lot of them ended up being induced or seduced and convinced to use a different kind of a financing. They used exotic adjustable rate mortgages, some of them with no money down, no principal payments for an extended period of time. Some of these exotic adjustable rate mortgages called for very low interest, seductive teaser rates which may have been 2, 3, 4 percent at the beginning and would later go up by reset within a couple of years to be 7, 8, or 9 percent. A lot of folks ended up signing on to this deal and didn't realize there is a penalty for trying to refinance out of an adjustable rate mortgage, making it very difficult. I suppose the borrower and maybe the mortgage broker or the lending institution that was involved, everybody expected housing prices to continue to go up; they had for years. As long as housing prices continue to rise, everybody comes out of the hole. If somebody is unable to make payments, they sell the house, do it for profit and pay off their mortgage. Not many people thought about what happens if prices, instead of going up, all of a sudden come down. They have come down, and in some places they have come down a lot.
Part of our legislation is designed to encourage people to take a second look at FHA. For folks, especially first-time home buyers or people who have less than perfect credit, the FHA in the past has been their avenue to become homeowners. We wanted to make sure it is an option that is there for the 21st century.
Without getting into a whole lot of detail, let me say, of all the pieces that are part of this bill, the most important one is FHA modernization. I will mention a couple of those elements that I think are helpful. One of those takes the FHA loan limit starting at
the end of this year to $550,000. Instead of being $420,000, it takes it up to $550,000. In Delaware, you can get a perfectly good house for $420,000. In some places in New Jersey one can get a perfectly good house for $420,000. In some places in New Jersey you probably can't. A lot of places in California, Florida, Connecticut, home values are such that for $420,000, which is the FHA loan limit that will be in effect next January 1, you can buy a cottage, but if you want to think about buying a three-bedroom house with a garage and a bathroom, you can forget about buying anything close to that for $420,000. What we want to do is address the needs in high-cost housing areas so that FHA will still be relevant in those States, as well as in States that have more modest housing costs.
The second element of this bill that is good is that the bill seeks to streamline the bureaucracy of FHA. We hear a good deal about that from banks and from realtors, that the bureaucracy is inappropriate for the 21st century. We have streamlined it. We do that in the context of this legislation.
Another element that I believe is helpful is, we are going to make more available counseling assistance to people who need it as they are looking for a place to buy and to consider their options. There is a new pilot credit scoring program that will be created. It is designed to increase access to credit for borrowers who may have a history of making required payments on time but haven't established a sufficient credit rating to enable them to be considered as serious home buyers.
Those are some of the pieces of the FHA modernization portion of this bill. It is maybe the most important thing we are going to do.
A second important element of this bill deals with community development block grants. We appropriated this year around the country, I want to say, roughly $4 billion to communities, State and local governments, moneys they can use to help develop their communities. We want to make sure that some additional moneys--in this case, another roughly $4 billion--might be made available to State and local governments to help communities that have been hit hard by foreclosures and delinquencies. The money could be put to use in many communities around the country.
A third element of this bill that I believe has merit deals with housing authorities. Housing authorities currently are able to issue tax-exempt revenue bonds. The proceeds of those tax-exempt revenue bonds are used in probably every State in the country to allow people to become first-time home buyers and to realize a low interest rate. They do this with moneys raised by tax-exempt revenue bonds. The proceeds of these same bonds can be used by housing authorities to build multifamily, affordable housing as well. The proceeds of these bonds cannot be used, though, to assist in refinancing of subprime loans. With this legislation, we say you can do that, too. State and local housing authorities can use the proceeds of these tax-exempt revenue bonds. In fact, we allow them to issue another $10 billion worth and a permissible use is to help folks to refinance out of these subprime loans that they have gotten themselves into.
Another element of this bill is actually one offered by our colleague Senator Isakson from Georgia. He has been good enough to let me advise some changes in his earlier proposal. Let's use the situation here. We have 100 desks here, and we will assume for this example that these are not desks but homes in a community. Maybe there are two or three of these homes where the families have run into trouble and cannot keep up with the mortgage payments. The homes have gone into foreclosure and they are decaying, the grass is growing, the shrubbery is not cut, trash not removed. Those homes are destroyed and beginning to decay, and they bring down the value of the other homes in the community. Senator Isakson suggested that we allow a tax credit to be used for someone who will come in and buy a home in foreclosure and live there. He proposed that that person be provided by the U.S. Treasury a $5,000 tax credit. To buy a foreclosed home and to agree to live there, $5,000 for year 1, $5,000 for year 2, $5,000 for year 3, is a pretty expensive proposition. That would certainly get people's attention and encourage them to buy homes in foreclosure, but it is a serious hit on the Treasury.
I urged him--I am sure others did as well--to make the proposal a little more modest. What he has done, I think prudently, is to say, in the same situation, a home in foreclosure, to encourage people to come in and buy homes in foreclosure so they don't bring down the values of other properties, that they will get a tax credit but year 1 is $3,500 and year 2 is another $3,500; $7,000 in all as a tax credit from the Treasury to the person making that purchase. It is more modest. There is an impact on the Treasury, but it is not nearly as great as would otherwise have been the case. It is a good proposal.
Another idea in this legislation that makes a lot of sense deals with people who are in some distress--maybe they have lost their job, they have sickness in the family, they are finding it difficult to pay their bills, they are getting behind on their mortgage payments. They are not sure what to do, and sometimes they end up turning to people who take advantage of them, shysters who take advantage of them. And rather than helping them with their problems, to work their way through it, they take advantage of the distressed homeowner.
There are nonprofit entities. They work under a broad umbrella of something called the Neighborhood Reinvestment Corporation. The shorthand title is NeighborWorks. And the idea there is to have these nonprofits provide counseling assistance. They are not trying to take advantage of home homeowners in distress. They want to help them find the best option for themselves and their family. We provided, I think through HUD's budget, about $200 million initially. That money has been used. Under this legislation we provide about another $100 million, maybe more. I think an amendment by Senator Murray would take that up a bit higher. The idea is to make sure that when people are in trouble and they turn to someone for help, they will turn to someone who is really going to help them. This is a good proposal as well.
Senator Reed of Rhode Island has offered an amendment that has been made part of the package that seeks to address complex paper disclosure. When you buy a house, you have all these papers. You sit down with a realtor. It is pretty confusing stuff, even for people who are pretty smart. Senator Reed has come up with some suggestions that would protect a person who is going through the forms, trying to understand what they are signing on to. Without going into a lot of detail, his ideas have a great deal of merit and are part of the package and ought to be.
As to another element of the package--I say this as a veteran who served in the Navy during the Vietnam war and came back; they had to protect us--to protect others who have served in our Armed Forces since, we have something called the Soldiers and Sailors Relief Act.
The idea is to try to make sure our soldiers and sailors-- particularly when they are deployed overseas--and their families are not taken advantage of. We have given them, if you will, a break in making sure they are not taken advantage of by those who are, for example, lenders who loaned money to them.
Right now, the Soldiers and Sailors Relief Act--say I am deployed to Iraq or Afghanistan. I come back from my year or 15-month deployment. My home cannot have been foreclosed on. My family and I live in the home, and we had a hard time making our mortgage payment. Maybe I gave up my regular civilian job and took a much lower paying job, was called up for Active Duty in the military, and I have been unable to keep up with my mortgage payments.
Under the Soldiers and Sailors Relief Act, my home could not be foreclosed on for at least 3 months while I am away and for 3 months from when I come back from that deployment. This legislation would extend that by an additional 6 months. I would be protected for 9 months, my family would be protected for 9 months, after my return to, hopefully, get back on our feet to be able to meet our financial obligations.
Also, this provision provides returning soldiers, sailors, airmen, and marines with 1 year of relief from increases in mortgage interest rates. Where these adjustable rate mortgages are resetting, the military personnel get an extra year.
The final part of this provision is that the Department of Defense is required to establish a counseling program to ensure veterans and active servicemembers can access assistance if they have seen financial difficulties. Again, the idea is for folks who are in distress--in this case, military personnel--who are homeowners, that they could actually get access to advice from people who have the best interests of the veterans at heart.
Those are some of the provisions, not all of the provisions. There are other provisions dealing with standard property deductions and to allow folks who do not itemize to take a standard deduction--$500 for single filers, $1,000 for joint filers. It is in this legislation.
There is an extension of net operating loss carry-back that will help some of the homebuilders who are in trouble. There were concerns raised. I think Senator Gregg raised the concern yesterday--and there are other concerns about it as well--that the cost to the Treasury is considerable. The cost over 10 years, I am told, is about $6 billion, so it is not inconsequential. But we also know among the companies that are undergoing real distress right now are those that build homes. This is designed to try to extend some relief to them.
Senator Mike Crapo of Idaho and I have offered an amendment which has been accepted by both Senator Dodd and Senator Shelby on behalf of the majority and minority sides that tries to help homeowners who are in distress in another way. A lot of people do not know in this country we have something called the Federal Home Loan Banks. There are 12 of them across the country. Together they make up the Federal Home Loan Bank system. A primary job they have is to raise money they then turn around and lend to smaller financial institutions, principally for home ownership, to make home ownership more affordable.
Delaware is in the Pittsburgh Federal Home Loan Bank region. A lot of financial institutions--banks, savings and loans--work with the Federal Home Loan Bank of Pittsburgh. They get loans, if you will, below market-rate loans, from the Federal Home Loan Bank of Pittsburgh.
But one of the requirements under Federal law is these Federal Home Loan Banks have to contribute 10 percent of their net income into an affordable housing fund. The affordable housing fund is used by local entities, local financial banks, local financial entities, banks, thrifts, in order to provide home ownership opportunities for, in a lot of cases, first-time home buyers or low-income home buyers. It is a good program. We use it a lot in my State. It is used to leverage money from State and local governments. It is used to leverage money from nonprofits, from for-profits, from banks. It is a real good thing.
The problem with this affordable housing program fund is none of the moneys in this program can be used to help subsidize or refinance-- somebody who is in one of these adjustable rate mortgages that is resetting. They need to refinance and get out of it and maybe get into a 30-year fixed rate mortgage. This is affordable housing money. It is compiled. It is built up. It is about a third of a billion dollars this year. It cannot be used to help folks refinance out of a mortgage they have no business being in. This amendment that has been accepted will allow that to take place.
My friend, Senator McCaskill of Missouri, along with Senator Kohl and myself, has offered an amendment. I understand it has been accepted, and we are grateful for that. That amendment seeks to protect folks who have taken advantage of reverse mortgages.
One of the nice things about being a homeowner with equity in your home, in a lot of cases when you reach an older age and maybe your home is paid off, you ought to be able to live off the equity of your home for the rest of your life. In some cases, people who are in that situation do not get very good advice, and they are duped into making investments with the equity of their home in ways that really do not help the homeowner trying to live off the equity of their home for the rest of their life. It helps them less than maybe someone who is a scoundrel trying to take advantage of them.
So Senator McCaskill's amendment, that Senator Kohl and I have joined in sponsoring, allows HUD to use a portion of the mortgage insurance premiums collected under this program to adequately fund counseling and disclosure activities. So the idea there is to make sure people have good advice. If you think about it, that is a theme of almost every element I have talked about in this bill. Many of the elements of this bill are designed to make sure that consumers, homeowners, purchasers have access to good advice, someone who is going to be there for them and not take advantage of them.
I said this housing recovery package is the third step so far of three steps we need to take. The first step is action by the Federal Reserve; the second step, our stimulus package; the third step is our housing recovery package; a fourth step, that I hope will follow in the next month or two--certainly before we get to the Memorial Day recess-- is when the Senate Banking Committee takes up another measure that will consider a Hope proposal, one that Senator Dodd and Congressman Frank have been working on that has a lot of merit to help people, families whose mortgage is underwater; that is, they owe more than the value of their property, find a way to get out of that situation.
The lenders, the investors, the homeowners themselves will probably take a little bit of a financial haircut, but by doing that they would be able to stay in their homes and maybe end up with a little bit of equity in their homes in the end.
A number of us--Senator Martinez and I and Senator Schumer and Senator Jack Reed--have been very much interested, along with some of our colleagues, in trying to make sure we have a strong independent regulator for Fannie Mae, Freddie Mac, and the Federal Home Loan Banks. That ought to be part of our next package. We need to license mortgage brokers to make sure they have the kind of training and the kind of regulatory structure under which to operate, to make sure the appraisals that are written on a lot of homes are actually worth the paper on which they are written.
So there is a lot that can be done and should be done, and my hope is we will have the opportunity to take those up, have hearings as appropriate in the Banking Committee, and mark them up before the Memorial Day recess and literally have them on the Senate floor to debate by the Fourth of July. That would be good for our country, and that would be the fourth step, if you will, to help stabilize our economy, to begin to restore some confidence in our economy, especially in the housing sector of our economy, and to make sure we put some liquidity back into our financial system and our banking system where it is needed.
But the last thing, and maybe the most helpful, it would do is to clearly demonstrate to folks around this country that this place still works, that Democrats and Republicans can find common ground, work with the administration, and do what is in the best interests of our country, our citizens, and our families.
None of what is done in the legislation that is before us today is designed to reward bad behavior. For people who have been borrowers and bought homes as a speculator, where they were interested in buying it to watch the price go up, to simply flip it, flip the house, and take advantage of these exotic adjustable rate mortgages to do that, to work the system, and to look for some short-term profit, we are not interested in helping.
With all due respect, we are not interested in borrowers who have misbehaved or mortgage brokers or investors who have misbehaved. That is not what this is about. This initiative is to restore confidence in the system, liquidity in the system, and to say to people: The system-- our legislative system, our political system--still works, and it works for the interests of people who need our help.
That said, Mr. President, I yield the floor.