[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] THE IMPACT OF INTERNATIONAL REGULATORY STANDARDS ON THE COMPETITIVENESS OF U.S. INSURERS ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON HOUSING AND INSURANCE OF THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION __________ JUNE 13, 2013 __________ Printed for the use of the Committee on Financial Services Serial No. 113-31 ---------- U.S. GOVERNMENT PRINTING OFFICE 81-766 PDF WASHINGTON : 2013 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office, Internet: bookstore.gpo.gov. Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 HOUSE COMMITTEE ON FINANCIAL SERVICES JEB HENSARLING, Texas, Chairman GARY G. MILLER, California, Vice MAXINE WATERS, California, Ranking Chairman Member SPENCER BACHUS, Alabama, Chairman CAROLYN B. MALONEY, New York Emeritus NYDIA M. VELAZQUEZ, New York PETER T. KING, New York MELVIN L. WATT, North Carolina EDWARD R. ROYCE, California BRAD SHERMAN, California FRANK D. LUCAS, Oklahoma GREGORY W. MEEKS, New York SHELLEY MOORE CAPITO, West Virginia MICHAEL E. CAPUANO, Massachusetts SCOTT GARRETT, New Jersey RUBEN HINOJOSA, Texas RANDY NEUGEBAUER, Texas WM. LACY CLAY, Missouri PATRICK T. McHENRY, North Carolina CAROLYN McCARTHY, New York JOHN CAMPBELL, California STEPHEN F. LYNCH, Massachusetts MICHELE BACHMANN, Minnesota DAVID SCOTT, Georgia KEVIN McCARTHY, California AL GREEN, Texas STEVAN PEARCE, New Mexico EMANUEL CLEAVER, Missouri BILL POSEY, Florida GWEN MOORE, Wisconsin MICHAEL G. FITZPATRICK, KEITH ELLISON, Minnesota Pennsylvania ED PERLMUTTER, Colorado LYNN A. WESTMORELAND, Georgia JAMES A. HIMES, Connecticut BLAINE LUETKEMEYER, Missouri GARY C. PETERS, Michigan BILL HUIZENGA, Michigan JOHN C. CARNEY, Jr., Delaware SEAN P. DUFFY, Wisconsin TERRI A. SEWELL, Alabama ROBERT HURT, Virginia BILL FOSTER, Illinois MICHAEL G. GRIMM, New York DANIEL T. KILDEE, Michigan STEVE STIVERS, Ohio PATRICK MURPHY, Florida STEPHEN LEE FINCHER, Tennessee JOHN K. DELANEY, Maryland MARLIN A. STUTZMAN, Indiana KYRSTEN SINEMA, Arizona MICK MULVANEY, South Carolina JOYCE BEATTY, Ohio RANDY HULTGREN, Illinois DENNY HECK, Washington DENNIS A. ROSS, Florida ROBERT PITTENGER, North Carolina ANN WAGNER, Missouri ANDY BARR, Kentucky TOM COTTON, Arkansas KEITH J. ROTHFUS, Pennsylvania Shannon McGahn, Staff Director James H. Clinger, Chief Counsel Subcommittee on Housing and Insurance RANDY NEUGEBAUER, Texas, Chairman BLAINE LUETKEMEYER, Missouri, Vice MICHAEL E. CAPUANO, Massachusetts, Chairman Ranking Member EDWARD R. ROYCE, California NYDIA M. VELAZQUEZ, New York GARY G. MILLER, California EMANUEL CLEAVER, Missouri SHELLEY MOORE CAPITO, West Virginia WM. LACY CLAY, Missouri SCOTT GARRETT, New Jersey BRAD SHERMAN, California LYNN A. WESTMORELAND, Georgia JAMES A. HIMES, Connecticut SEAN P. DUFFY, Wisconsin CAROLYN McCARTHY, New York ROBERT HURT, Virginia KYRSTEN SINEMA, Arizona STEVE STIVERS, Ohio JOYCE BEATTY, Ohio C O N T E N T S ---------- Page Hearing held on: June 13, 2013................................................ 1 Appendix: June 13, 2013................................................ 35 WITNESSES Thursday, June 13, 2013 McRaith, Michael, Director, Federal Insurance Office, U.S. Department of the Treasury..................................... 5 Nelson, Hon. E. Benjamin, Chief Executive Officer, National Association of Insurance Commissioners (NAIC).................. 7 Woodall, Hon. S. Roy, Jr., member, Financial Stability Oversight Council........................................................ 8 APPENDIX Prepared statements: Neugebauer, Hon. Randy....................................... 36 Garrett, Hon. Scott.......................................... 39 McRaith, Michael............................................. 40 Nelson, Hon. E. Benjamin..................................... 46 Woodall, Hon. S. Roy, Jr..................................... 52 Additional Material Submitted for the Record Neugebauer, Hon. Randy: Written statement of the American Council of Life Insurers (ACLI)..................................................... 58 Written statement of the Financial Services Roundtable....... 60 Written statement of the National Association of Mutual Insurance Companies (NAMIC)................................ 63 Royce, Hon. Ed: NAIC travel article entitled, ``Tramp A Perpetual Journey''.. 68 Written responses from Hon. E. Benjamin Nelson to questions submitted for the record................................... 71 THE IMPACT OF INTERNATIONAL REGULATORY STANDARDS ON THE COMPETITIVENESS OF U.S. INSURERS ---------- Thursday, June 13, 2013 U.S. House of Representatives, Subcommittee on Housing and Insurance, Committee on Financial Services, Washington, D.C. The subcommittee met, pursuant to notice, at 1:05 p.m., in room 2128, Rayburn House Office Building, Hon. Randy Neugebauer [chairman of the subcommittee] presiding. Members present: Representatives Neugebauer, Luetkemeyer, Royce, Miller, Garrett, Hurt, Stivers, Ross; Capuano, Cleaver, Sherman, Himes, and Beatty. Ex officio present: Representative Hensarling. Also present: Representative Green. Chairman Neugebauer. This hearing of the Subcommittee on Housing and Insurance will come to order. Today's hearing is entitled, ``The Impact of International Regulatory Standards on the Competitiveness of U.S. Insurers.'' I ask unanimous consent that any Members who aren't on the Housing and Insurance Subcommittee be allowed to participate in this hearing as if they were a member of the subcommittee. Without objection, it is so ordered. This is the first hearing that I am aware of where we really kind of start to dive into some of the role of the Federal Insurance Office (FIO) and its interaction in the insurance industry along with other stakeholders, and particularly as we begin to examine a range of international regulatory standards and how we can balance the need to coordinate international regulatory efforts with our duty to ensure a globally competitive marketplace for U.S. companies. So this will be the first of, I think, many hearings examining the international competitiveness of the U.S. insurance industry. We have three objectives for this hearing: to gain a better understanding of the strategic objectives being pursued by our insurance supervisors and how they are working together to achieve these shared goals; to receive assurances from our witnesses that the agenda being pursued is a net positive for the domestic policyholders and insurers; and to raise awareness of certain international proposals that could undermine our system of State-based insurance regulation that has performed pretty well for over 150 years. Additionally, we want to make sure that better international coordination can prevent regulatory gaps and promote efficiency. The IAIS is moving away from a regulatory coordination to an international standards setter. Given the unique nature of our insurance regulatory model, the consolidated bank-like model favored by the International Association of Insurance Supervisors (IAIS) could disproportionately impact U.S. policyholders and insurers. We would like to learn more about what the National Association of Insurance Commissioners (NAIC) and FIO are doing to prevent the importation of European style bank-like regulations into the United States. Also, we want to learn more about ComFrame. The current ComFrame draft would create a one-size-fits-all regulatory regime for global insurers, including group-wide capital assessments and prescriptive prudential standards. Given the unique nature of our regulatory model, this proposal has the potential to increase the costs for U.S. insurers, which would be borne by the policyholders themselves. I would also like to hear how our witnesses view the ComFrame proposal and how they believe it would affect our insurance markets. Additionally, the IAIS selection method to determine designation of systemic insurers or Global Systemically Important Financial Institutions (G-SIFIs) lacks transparency and reasonableness due to the process of appealing decisions. I would also like to hear how our witnesses plan to harmonize our efforts to designate Systemically Important Financial Institutions (SIFIs) here at home and other efforts overseas. So I think this is going to be a very important hearing, and I think Members can use this, obviously, as an educational opportunity, as some of these things that we are going to be discussing today are being played out literally as we go here. And with that, I would like to recognize the ranking member of the subcommittee, Mr. Capuano. Mr. Capuano. Thank you, Mr. Chairman. I want to thank all the panel members. I think this may be the most distinguished panel I have ever seen. I have had distinguished individuals--but the whole panel; you guys are pretty heavyweight. I am looking forward to learning a whole bunch from you. Again, Mr. Chairman, thank you for having this hearing. I think this is one of many hearings we are going to have on how the whole Federal involvement, whatever limited involvement or whatever it might be relative to insurance regulation, it is an important issue. It is a very delicate issue. It is a very controversial issue, and I think it is important for us to try to keep on top of it, but I do want to point out the irony that just yesterday, we had a significant hearing, and we passed several bills on the Floor, all of which were designed to embrace foreign regulations, to say foreign regulations are better than our regulations because we like them better, and yet here, just the concept of foreign regulations scares some people. My answer is that there are some good, and some bad. Let's figure out what is good, let's figure out what is bad, and adopt the ones that aren't and fight the ones that are. But all that being said, I am looking forward to the hearing today, and a continuous relationship with all three of you gentlemen because each of you holds a very important position in this issue to keep us educated and enlightened and involved. So thank you for being here, and thank you, Mr. Chairman. Chairman Neugebauer. I thank the gentleman. And now the gentleman from California, Mr. Royce, is recognized for 2 minutes. Mr. Royce. Thank you, Mr. Chairman. I think some historical context is necessary for this hearing. The Federal Insurance Office was created to solve a problem. Both the Bush Administration's Blueprint and the Obama Administration's White Paper called for its creation. Both highlighted the need for a lead negotiator in the promotion of international insurance policy for the United States, as the paper said, and that the lack of a Federal entity with responsibility and expertise for insurance has hampered our Nation's effectiveness in engaging internationally. Dr. Terri Vaughan, a former CEO and president of the NAIC, applauded its creation, stating that in a post-FIO world, unlike now, there would be a single office capable of articulating a global policy considering U.S. interests broadly and enforcing the policy. In this increasingly global world, that is something the United States can no longer live without, she said. The facts are the facts. What was known then is known now. State regulators and most certainly the NAIC are structurally and constitutionally incapable of representing U.S. insurance interests abroad. The NAIC lacks the legal standing as a self-proclaimed standard-setting and regulatory support organization, while State insurance regulators lack the authority under the U.S. Constitution to negotiate binding international agreements. What was contemplated at the time was not simply adding another Federal voice to international discussions regarding insurance issues, as Senator Nelson states in his testimony. No. It was to create a single voice for the United States on these matters, and the problem, as Dr. Vaughan noted at the time, was that there was no clear leader for U.S. insurance regulation; no single person could articulate a U.S. policy on a global stage. This hearing should not be about revisionist history, and it should not be focused on whether the NAIC is getting along with the FIO. We should put U.S. insurance consumers first. This committee's oversight should be focused on empowering the FIO to encourage healthy competition at home and a level playing field for U.S. insurers abroad. Thank you, Mr. Chairman. Chairman Neugebauer. I thank the gentleman. The gentlewoman from Ohio, Mrs. Beatty, is recognized for 3 minutes. Mrs. Beatty. Thank you, Mr. Chairman, and Mr. Ranking Member. And certainly I agree with my colleagues, as we are excited to hear from this distinguished group of gentlemen. This is an area that I am quite interested in, and hopefully when we get into the question areas, there will be some questions that I could delve into with Basel and TRIA and the uniform enforcement of international insurance. We have been looking at the international issue as it relates to housing, and now we are here in insurance. I am from Ohio, and just recently, I have had a couple of financial institutions, a credit union give me an example of them being engaged with an insurance company that then had some financial difficulties, and then, as you can imagine, when they went into bankruptcy, what happened to the credit union and all of those individuals that they were representing. So, as we talk about that further, I would like to hear your opinions on that. Also, so often, I have people who come in, and they are insurers, and they act like a bank, but they are not a bank. And then, we have others who are saying they are. So as we look at this and the examples of what we are doing internationally, I will be really excited to hear some of your responses, and I am sure I will have some questions after we hear your presentations. Thank you, Mr. Chairman. Chairman Neugebauer. I thank the gentlewoman. And now the gentleman from California, Mr. Miller, is recognized for 2 minutes. Mr. Miller. Thank you, Chairman Neugebauer. Thank you for holding this hearing, and I welcome our guests today. I am looking forward to hearing from you. For the past century, and through multiple financial crises, the State-based insurance regulatory system in the United States has been successful and has protected policyholders. However, in the response to the financial crisis, global regulators are now seeking to set new regulatory standards for all insurers. It is essential that Congress fully understand the impact international regulatory standards will have on the competitiveness of U.S. insurers. As negotiations proceed, we must recognize that the U.S., EU, and other regions have vastly different regulatory structures for the insurance industry and adjust them accordingly. While I strongly believe in coordination among international regulators, we must resist the tendency of pursuing a one-size-fits-all approach. If we subject U.S. insurance firms to inappropriate international regulatory standards, it will hurt U.S. competitiveness domestically and internationally, and it will create an unlevel playing field that will hurt U.S. jobs and economic growth. Currently, there are proposals in the United States and internationally to use bank-centered capital standards for U.S. companies. The U.S. insurance model is vastly different from both the banking system and the EU insurance model. I don't know why regulators keep trying to fit a square peg in a round hole, but they need to stop trying. The difference in our countries' systems should be recognized and embraced. Regulatory coordination efforts should focus on effective principles and avoid specific standards. We should be looking at effectiveness of regulations, not making them the same. To defend and promote the strength of our regulatory system and make certain that U.S. insurers can effectively compete overseas, the U.S. representatives need to be unified in their strategy, and it is imperative that the U.S. representatives coordinate to form a unified strategy, because if you fail to coordinate, we will all fail to succeed. I yield back. Chairman Neugebauer. I thank the gentleman. I would now like to recognize the gentleman from Missouri, Mr. Cleaver, to make a special introduction. Mr. Cleaver. Thank you, Mr. Chairman, and Mr. Ranking Member. I appreciate the opportunity to introduce one of our panelists. I am very proud and pleased to introduce--actually, I guess I can't introduce someone who has served with distinction in the Senate, but let me introduce to this committee Senator Ben Nelson, from my neighboring State of Nebraska. There might be a question of, why would somebody in Missouri want to introduce someone from Nebraska, particularly considering how the University of Nebraska's football team has treated Missouri historically? However, I am very pleased that Senator Nelson, who actually became involved in the insurance industry right out of law school, was the key figure in moving the National Association of Insurance Commissioners' national office to the downtown area of my congressional district, and they have over 450 employees in the downtown area, so we are very proud of that. As I said earlier, Senator Nelson is a familiar face here on Capitol Hill, a two-term Senator, and he also served two terms as the Governor of Nebraska. And one of the things I hope I can match is during his time, he tried to bridge the gap between the urban and the rural parts of Nebraska. And I think the more we can bring people together and have one America, the better we are. So, I am very pleased to welcome Senator Ben Nelson to our committee. Chairman Neugebauer. I thank the gentleman, and we will now recognize our witnesses. Each one of you will be allowed 5 minutes to give your opening statements. And without objection, your full written statements will be made a part of the record. The first panelist is Mr. Michael McRaith. He is the Director of the Federal Insurance Office, referred to as FIO. The second panelist is, of course, former Senator Nelson, who was just introduced by Mr. Cleaver. And the third panelist is Mr. Roy Woodall, who is an independent member of the Financial Stability Oversight Council, with insurance expertise. Mr. McRaith, you are recognized for 5 minutes. STATEMENT OF MICHAEL McRAITH, DIRECTOR, FEDERAL INSURANCE OFFICE, U.S. DEPARTMENT OF THE TREASURY Mr. McRaith. Chairman Neugebauer, Ranking Member Capuano, and members of the subcommittee, thank you for inviting me to testify. I am Michael McRaith, Director of the Federal Insurance Office at the U.S. Department of the Treasury. As you know, we released our first annual report yesterday, and we are working to release our modernization report soon. FIO's express statutory mandate authorizes our Office to monitor all aspects of the industry. The statute also expressly authorizes our Office to coordinate Federal efforts and develop Federal policy on prudential aspects of international insurance matters and to represent the United States at the International Association of Insurance Supervisors (IAIS). When I arrived in June 2011, in fact 2 years ago to the day, the United States faced three primary international issues: one, the IAIS had begun work on the designation of global systemically important insurers; two, it had begun the development of the common framework for the supervision of internationally active insurance groups or ComFrame; and three, the threat of a unilateral equivalence assessment by the EU of U.S. insurance regulation. It was important for the Federal voice established by Congress to engage in these three areas in order to protect U.S. interests, and I will address each of the three. FIO serves as a nonvoting member of the U.S. Financial Stability Oversight Council, and we also serve on the IAIS committee responsible for the G-SII work. The IAIS designation process is consensus driven. Our view is that the IAIS process should align with that of the FSOC in substance, methodology, and timing. We have seen significant improvement in the IAIS work, and we look forward to continued engagement on this project. The second IAIS priority is ComFrame, a regulatory framework applicable to international insurance groups. Importantly, the IAIS is a standard-setter and not a regulator. For this reason, ComFrame will promote comparability and lead to improved confidence and trust among regulators from different countries. It will have qualitative and quantitative elements. Beginning in early 2014, the concepts of ComFrame will be field tested directly with insurers. The companies to which ComFrame will apply will thereby directly influence its standards. The increasing internationalization of the insurance market, which we strongly support, makes ComFrame an important project in which we should be engaged. I am privileged to serve as the Chair of the IAIS committee overseeing ComFrame development. The facts are that the EU and the U.S. are the world's leading insurance jurisdictions, both in terms of premium volume and as the home of globally active insurers. Interaction between supervisors in the EU and the U.S. is essential to industry and consumers. For this reason, we hosted the EU and State insurance leadership in January 2012 to launch the EU- U.S. Insurance Dialogue Project. Through 2012, representatives of FIO and State regulators and the EU insurance leaders worked to identify commonalities and differences in seven areas, including group supervision, capital insolvency, and reinsurance. Thanks to all the participants, an unprecedented gap analysis was released to the public in September 2012. In December 2012, the EU and the U.S. agreed on high-level objectives to be pursued in the coming years. Areas for improved convergence will be identified, as will the areas where the gaps are too divergent to reconcile. Importantly, the EU and the U.S. share a commitment to this collaborative and constructive project. So these are three key areas of our international involvement, although we have more. Among others, we work with State regulators at the Organization for Economic Cooperation and Development (OECD), and we formed the first North American insurance supervisory forum. Insurance is an enormous multifaceted industry, subject to complicated regulatory oversight. Chairman Neugebauer, I affirm our commitment to work with State regulators and to work in support of Congress as you seek to further understand insurance sector developments of local, national, or international interests. On every issue, our priority will remain the best interests of the U.S.-based insurance consumers and industry and jobs and prosperity for the American people. Thank you for your attention. I am happy to answer your questions. [The prepared statement of Mr. McRaith can be found on page 40 of the appendix.] Chairman Neugebauer. I thank the gentleman. Mr. Nelson, you now are recognized for 5 minutes. STATEMENT OF THE HONORABLE E. BENJAMIN NELSON, CHIEF EXECUTIVE OFFICER, NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS (NAIC) Mr. Nelson. Chairman Neugebauer, Ranking Member Capuano, and members of the subcommittee, thank you for the opportunity to testify today. I am Ben Nelson, CEO of the NAIC. In the international arena, U.S. insurance regulators and the NAIC have been active at the IAIS in developing ComFrame. We believe there is merit in developing a framework for greater coordination and cooperation among supervisors for such groups. However, we are concerned that the current scope and prescriptive nature of ComFrame overshoots those goals and overcomplicates what is necessary for effective cross-border supervision. Rather, ComFrame should support the work of international supervisory colleges which serve as the vehicle to achieve these relationships designed to enhance insurance activity. We are also troubled by related discussions on the need for a global capital standard for insurance, which could result in a bank-like approach that is not appropriate. We urge Congress to be wary of any international prescriptions seeking to impose new standards on the United States. The NAIC is also involved in the identification of Global Systemically Important Insurers, or G-SIIs through IAIS. To the extent that an insurer engages in activities which could result in that designation, U.S. and international regulators should work collaboratively to address these activities and eliminate their systemic threat. Thus, we continue to examine the scope of our authorities and resources to ensure that systemic risk does not emanate from insurance activities or entities within our purview. Additionally, we have concerns that two tiers of companies could reduce market discipline, create competitive distortions, and encourage undesirable consolidation and concentration in the insurance sector. Therefore, designation should be the product of rigorous analysis that reflects a very thorough understanding of the insurance business model and regulatory system. The domestic and international processes should be aligned to the greatest extent possible with appropriate deference to domestic authorities. As such, the G-SII list should not contain any U.S. insurers that haven't been designated Systemically Important Financial Institutions, or SIFIs, by the Financial Stability Oversight Council. This would also ensure that the impact of any designation of a U.S. firm is rooted in clear legal authority and process. State insurance regulators have been actively involved as well in the U.S.-EU Insurance Dialogue Project, which builds on a decade-long bilateral discussion. Last December, a joint report and paper were issued outlining a set of common objectives and a series of initiatives designed to enhance insurance regulatory cooperation. Many of these initiatives are already under way or under consideration within the NAIC process. While much work still lies ahead, U.S. State insurance regulators are working diligently to enhance this transatlantic relationship. In some of these international areas, we have been working with the FIO. The NAIC believes that the FIO adds another Federal voice and can enhance existing efforts of the NAIC and the insurance regulators. However, the FIO does not speak for insurance regulators. Accordingly, we expect the Treasury Department to give deference to and be supportive of the views of the regulators in forums that focus almost exclusively on regulatory issues, such as the IAIS. Moreover, it is inappropriate for the FIO or any other nonregulator to seek to participate in supervisory colleges without an invitation from the regulators. In conclusion, U.S. insurance regulators have a strong track record of supervision and are committed to coordinating with our international counterparts to help ensure open, competitive, and stable markets around the world. Congress has delegated insurance regulatory authority to the States, so we have a continuing obligation to engage internationally in those areas that impact the U.S. State-based system, companies, and consumers. Uniform global standards are not necessary to achieve this compatibility or equivalent results. We appreciate international developments. We recognize that we should not toss aside our time-tested, State-based system in pursuit of untested and overly burdensome approaches, even for the sake of diplomacy and collegiality. Thank you, and I look forward to your questions. [The prepared statement of Senator Nelson can be found on page 46 of the appendix.] Chairman Neugebauer. I thank the gentleman. And finally, Mr. Woodall, you are recognized for 5 minutes. STATEMENT OF THE HONORABLE S. ROY WOODALL, JR., MEMBER, FINANCIAL STABILITY OVERSIGHT COUNCIL Mr. Woodall. Thank you, Chairman Neugebauer, Ranking Member Capuano, and members of the subcommittee for inviting me to appear before you today. I am pleased to be here, along with my friend, Ben Nelson, whom I have known for 45 years, since we were both State insurance regulators back in the 1960s. I am also pleased to be here with Federal colleague Mike McRaith from the Treasury Department, where I have really, in a sense, preceded him and the FIO in serving as Treasury's Principal Senior Insurance Advisor for 8 years under 4 Secretaries of the Treasury and 2 Administrations. My varied background also includes serving Congress itself, both at the Congressional Research Service and also at this committee back in 2004 as a detailee to assist your staff in developing proposed insurance legislation. As you said, I am now a voting member of the Financial Stability Oversight Council or FSOC--it is a little shorter--in the position that was created by Congress in the Dodd-Frank Act for ``an independent member having insurance expertise.'' That is a direct quote. I am joined at the FSOC by the nine voting members, made up of the Secretary of the Treasury and members who are Federal financial service regulators, as well as the five nonvoting members who serve in an advisory capacity, including Mike McRaith, in his capacity as the Director of the FIO, and John Huff, the Missouri director of insurance representing the State insurance regulators. As this hearing focuses on international insurance developments affecting U.S. insurers, some have asked, why is Roy testifying? Why was he invited? That is a good question, since I do not lead an agency. I don't have any regulatory or supervisory authority. And most of the work that I do at FSOC is confidential and thus can't be discussed or commented upon. As mentioned in Dodd-Frank, though, it does not specify any duties for my position, other than having insurance expertise. I am just two lines in the statute, but expertise is never a static concept, even after 52 years of involvement in the insurance sector. It requires a continuous learning experience to keep current on developments and topical issues that may come before the FSOC. Thus, I have tried to be guided by the duties outlined by Congress for FSOC itself in order to define what my own proactive role as a voting member should be. Let me briefly cite the duties as they pertain to international insurance matters. Section 112 of Dodd-Frank lists among the Council duties the monitoring of domestic and international financial regulatory proposals and developments, including insurance and accounting issues, as well as advising Congress and making recommendations in areas that will enhance the integrity, efficiency, competitiveness, and stability of the United States financial markets. Under Section 175 of Dodd-Frank, it is clear that I am also to be a consultant to the Treasury Secretary, for it provides that the Chairperson of the Council, in consultation with other members of the Council, shall regularly consult with the financial regulatory entities and other appropriate organizations of foreign governments or international organizations on matters relating to systemic risk to the international financial system. As outlined in my written testimony, I have encountered some difficulties in trying to be effective and proactive in fulfilling what I perceive to be those duties and responsibilities as a member of the Council, that is, to monitor international insurance proposals and developments and thus be able to maintain an optimal level of expertise to assist the Chair of the FSOC in making recommendations to the subcommittee of Congress on international matters. The international forums critically important to the insurance right now have been mentioned, the IAIS and the FSB, yet I do not believe that their structures have been sufficiently updated to allow for the full engagement with all members of FSOC, which Congress established as being chiefly responsible for the United States in monitoring, identifying, and addressing systematic risk as well as responding to threats to our financial stability. As set forth more fully in my written testimony, efforts have been under way at the IAIS to allow me and other Council members to attend IAIS member-only meetings as nonvoting members. Currently, the FIO, the NAIC, and our State commissioners are voting members at the IAIS. The inability for me and other Council members to attend the closed meetings of IAIS would create a pattern that would be similar to what we now have in the role that the FIO plays as a nonvoting member of FSOC. Additionally, as discussed in my written testimony, greater opportunity for engagement with the FSB is certainly worthy of consideration. I want to emphasize that my purpose in being here today is not to be critical. I do not feel an obligation to--but I do feel an obligation to express my concerns over certain procedural impediments to the FSOC and its members from working more effectively with our State insurance commissioners, the NAIC, and the FIO, especially on international matters. In conclusion, I have heard Ben and others say that each of us needs to stay in our own lane, referring to our statutory authorities, and he is right, but even though the lane lines can be blurry at times, we need to make sure that we are all on the same track, moving in the same direction and at the right speed in order to best serve the interests of this country. Thank you. I look forward to answering any questions you may have. [The prepared statement of Mr. Woodall can be found on page 52 of the appendix.] Chairman Neugebauer. Thank you, gentlemen. We will now have questions from the Members, and each Member will be recognized for 5 minutes for questions. I would ask the panelists to be as succinct as they can in answering those so that we can get through the questions. One of the things we have to remember--I think we are going to have votes in the next 10 or 15 minutes. It is my plan to get through as many questions as we can, then we will go vote and come back, and we will ask the panel's indulgence to allow us to go do this Constitutional responsibility that each one of these Members has. Mr. McRaith, in your testimony, both written and oral, you used the words ``to coordinate'' our efforts on an international front, and I assume you feel that that is your-- and I think it gives you authority to be one of the representatives in this process. So when you are coordinating and you are representing viewpoints, for example, in your role as the Chair of the technical committee, what efforts are you making to make sure you have a consensus that the viewpoints and positions you are taking basically have the broad support of the stakeholders in the United States? Mr. McRaith. Two elements to answer your question: First of all, with respect to interested parties other than the State regulators, and other than Federal agencies who have an interest, we have extensive active outreach and engagement with all different industry groups and consumer groups as well. With respect to Federal agencies, we speak with them on a regular basis and receive their feedback. With respect to the State regulators, let me remind you what you may already know. I was the insurance commissioner in Illinois for over 6 years. In fact, if I were still a commissioner, I would be the president of the NAIC next year; I would be the president-elect this year. I spent many years working before, during, and after the financial crisis, long days, late nights, and through the weekends with my colleagues from other States. Fantastic people, tremendous professionals, many are my friends and will be for the rest of my life. Having said that, in terms of our actual coordination, I can give you some examples just from recent history. Last week in Basel, on the subcommittees, we had State regulators, FIO staff; at the OECD meeting, State regulators right alongside FIO staff; on Monday, deputy staff from the NAIC and the States on a phone call working on the EU and the U.S. project with FIO staff; on Tuesday, a telephone call with the Vermont commissioner. Chairman Neugebauer. Thank you. And so you are saying--let me just summarize: you are saying that you believe you are bringing everybody along. Now, I want to go to Senator Nelson. Senator, do you feel that there is a consensus being drawn here on these issues, and that the insurance commissioners feel like their positions are being put forth in these negotiations? Mr. Nelson. Mr. Chairman, I would have to say that a number of the commissioners believe that the cooperation is intermittent, that at times we have had these conversations; we have had meetings as late as May 17th face-to-face. We have had discussions, but most times, it seems like the question of the position of the Treasury or the FIO on a particular issue is unknown and not expressed to us. I asked the question in a telephone call about an issue, and Director McRaith very courteously said that he couldn't communicate the position, and I asked when he would be able to, and he couldn't tell me when he might, and this was on a joint call with a whole host of commissioners. So whether or not there is an effort and we get together, I think there is a general belief and a feeling that we don't get the kind of information in a timely fashion consistently as we should. We believe that the Treasury has deferred and should defer to the States on regulatory issues, and we don't feel that there is enough communication to complete that responsibility. Chairman Neugebauer. Thank you. Now, Mr. Woodall, you and I had a good conversation the other day, and I thank you for that. So, there is kind of an interesting relationship here between your office and Mr. McRaith in the sense that Mr. McRaith is sitting on a panel internationally that may designate a number of U.S. companies, U.S. insurance companies as G-SIIs, and you sit on the FSOC, which has just recently, I guess, determined that--we don't know the number, but some number of U.S. companies, and some of those may be insurance companies, would be SIFIs, but neither one of you--so the question I have is if, for example, Mr. McRaith, their panel decides to put six U.S. companies as G- SIIs, and the United States only has, say, three U.S. companies on there, how are we going to reconcile the difference? Mr. Woodall. I operate only as a member of the council, and the council is charged with a specific duty, as I said, as to what we are supposed to do, and we are supposed to coordinate, and I try my best to do that within the boundaries, without getting out of my lane. You are right, the two different methods may be, they are pretty much in general concept, they are after the same thing. They may not be identical as far as the process between the IAIS and what the FSOC is doing, but I think there is a continuing effort to do that. The members of the Financial Stability Board (FSB) who are now looking at this, what comes out of the IAIS are the three Federal people I mentioned in my testimony--the Fed, the SEC, and they are--and the Secretary of the Treasury, and right now, for instance, Governor Tarullo chairs the key committee at the FSB that any information that flows up through the IAIS goes through that committee, and I have spoken with him several times, and I have great confidence that he, as much as possible, will make sure that these efforts are coordinated. Chairman Neugebauer. I thank the gentleman. I apologize for going over my time. I now recognize the ranking member, Mr. Capuano, for 5 minutes. I think that we have changed the batting order here, and the gentleman from Missouri, Mr. Cleaver, is recognized for 5 minutes. Mr. Cleaver. Thank you, Mr. Chairman. I thank the panel, again, for being here. I want to take a retro approach to this because I think it would help me. I was here--most of us were here--in September 2008, when we bailed out AIG, and of course, AIG was regulated in a weird kind of way with a variety of regulators, so it is a little unlike what you are doing. But was the problem with AIG that it was too- big-to-fail, or did they have a problem and liquidity crisis when they kind of moved away from what most insurance companies do and started trading credit derivatives? What happened, and should we be concerned about insurance companies' growth? They were in 100-plus countries, 130 countries and jurisdictions, I think they had over 100,000 employees worldwide. What went wrong, and what can you tell me about how we can make sure that nothing like that happens again? Senator? Mr. Nelson. First of all, I want to thank you for the introduction. I appreciate the courtesy of doing that. The NAIC is very honored to be located in your district. I would say that only perhaps in a misunderstood way is AIG looked at as an insurance company problem, because the insurers under the holding company were all solvent, were financially regulated by various States, and there weren't any problems with stability and solvency with the insurance operations, but the fact that the holding company became a thrift holding company and was subject to other, to jurisdictional regulation at the Federal level, which would have been, I suppose, what they call group or consolidated supervision, but the insurers themselves were all solvent because they were regulated by the States. It was the holding company problem that has now, I hope, been solved at least in part because the thrift regulatory system has been disbanded and moved into another operation. So I think that is what you would have to say, that it was not an insurance failure in any sense. Mr. Cleaver. Mr. Woodall? Mr. Woodall. Speaking from a retro type position, too, I think it emphasizes what he said, the fact that what triggered it was activities going on at financial products in the United States. Mr. Cleaver. Like credit derivatives? Mr. Woodall. Right, right, and it shows really how there is a need for international cooperation to make sure that something like that is not a gap in the regulatory structure. Mr. Cleaver. Thank you very much. Their board had threatened to sue. That has nothing to do with this hearing. I am just irritated, and this is the only chance I get to say it publicly, that the board wanted to sue us, sue Congress for bailing them out because they said it damaged the investors. I don't want a comment; I just want the world to hear me say that. I feel better now. I am not going to have time to--I wasted my time on AIG's board, so I will yield back the balance of my time, Mr. Chairman. Chairman Neugebauer. I thank the gentleman, and now the gentleman from Missouri, Mr. Luetkemeyer, is recognized for 5 minutes. Mr. Luetkemeyer. Thank you, Mr. Chairman. Mr. McRaith, in the negotiations with regards to the ComFrame work that you are doing, how are you defending the American model of insurance that we have, the insurance regulatory system that we have here? Mr. McRaith. It is probably worth talking about ComFrame, very briefly. Mr. Luetkemeyer. Very briefly. I only have 5 minutes. Mr. McRaith. Very briefly. As I mentioned earlier, the IAIS is a standards-setting organization. ComFrame will be a set of standards. ComFrame will ultimately facilitate comparability among supervisors, enhance confidence and trust between supervisors, facilitating growth of U.S.-based insurers in other parts of the world. That is why we support ComFrame. In terms of defending the system, the IAIS, as a standards setter, does not dictate to this country or any country how or whether a country should restructure its existing regulatory system. Mr. Luetkemeyer. Okay. Through this discussion that you are having, there is not going to be any delegation of supervisory authority whatsoever over our insurance companies to another supervisory group of any kind? Mr. McRaith. No. In fact, what will happen is there will be a set of standards developed for ComFrame, and then the U.S.-- Mr. Luetkemeyer. Okay, my problem there is when you set the set of standards, who is going to enforce the standards? Mr. McRaith. It is then left to the jurisdiction. In this case, the States or Congress will determine how to implement the standards in a way that fits for the United States. Mr. Luetkemeyer. Okay, so we are going to have a set of international standards that are going to be forced on us that we will have to take, or is this something that the insurance companies themselves will make a determination as to whether they want to accept? Mr. McRaith. By design, they are outcomes-based. ComFrame will have standards that are outcomes-based, and the question then for the State regulators and for Congress will be, how do we want to achieve those outcomes? Are there outcomes we disagree with? If so, that is where we push back in the international context. Mr. Luetkemeyer. It seemed that we would have a good model here in this country on how to regulate insurance companies from the standpoint that the States are doing a good job. If you take that model worldwide, allow each jurisdiction to continue to oversee it, if you want to have some common standards that is fine, but I don't think they need to be forced down anybody's throats. This is very concerning to me from the standpoint that we have a model that is working. Let's not break it--it wasn't a problem in 2008. It is not a problem today. So if we go out and do something different, I hesitate that we should be making any sort of commitments or tinkering with the system. I am sure Senator Nelson would probably feel the same way. Would you like to comment, sir? Mr. Nelson. I do feel that way. What we should be seeking to do is to find the best practices, and the best practices are on both sides of the Atlantic, but what we need to avoid is having a bank-centric system put in place even with standards that are--the business model of banks and insurers, those business models are different, and the standards that are being primarily discussed by ComFrame as part of solvency II, or Basel III, are bank-centric in nature. They are capital, they are basically capital requirements even when they say that they are not going to have a global capital standard in ComFrame. That will be the effect of it. It will be a bank-centric approach as opposed to finding the best practices for insurance regulation. Mr. Luetkemeyer. Have you looked at the cost that would be incurred by the policyholders as a result? Now, you can say the cost is going to be assessed to the company, but we all know that it goes back to the policyholders. So what kind of costs will be incurred by the policyholders if these models would be imposed on them? Mr. Nelson. There is no cost--to my knowledge, there is no cost-benefit analysis on the cost of this process. Mr. Luetkemeyer. Do you anticipate one being done before we approve anything like that? Mr. Nelson. Yes. Mr. Luetkemeyer. You would hope that would be the case. Mr. McRaith, are we definitely going to do that? Mr. Nelson. I have been-- Mr. McRaith. In fact, the plan--I'm sorry, Senator. Mr. Nelson. No, go ahead. Mr. McRaith. The plan is that ComFrame as a concept will be finalized this year. Starting in 2014, for 4 years, there will be testing with companies to determine exactly what is the cost, what is the benefit, how do we serve the practical interests of supervisors and companies as we move forward? Mr. Luetkemeyer. How do you anticipate implementing that, Senator? Mr. Nelson. I am as tight as three coats of paint, so what I like to do is I like to know what something is going to cost before we engage in testing it to find out, then what it costs us to test it to know what it is going to cost to implement it. So I have a different idea of that, and I think others do as well. I am worried about the cost as well as the application of an overburdensome, overly prescriptive--you can say that it is not prescriptive, but once you set standards, they are prescriptive. Mr. Luetkemeyer. Thank you very much. My time is up. Mr. Chairman, I yield back. Chairman Neugebauer. I thank the gentleman. And now the gentleman from California, Mr. Sherman, is recognized for 5 minutes. Mr. Sherman. Thank you, Mr. Chairman. And thank you, Mr. Ranking Member, for letting me go in this turn. The insurance industry survived the real-life stress test of 2008. Virtually all of the State-regulated insurance companies survived. AIG was perhaps the best stress test for certain of its subsidiaries. That is to say, you had a management of the holding company as dedicated to risk management as any inebriated gambler in Las Vegas, and in spite of that at the very top, the individual insurance companies all remained solvent. Now, what those drunken gamblers did at the holding company level is they sold credit default swaps. That is to say, if they had gone--somebody holds a $10 billion portfolio of, say, mortgage-backed securities backed by a bunch of subprime loans and says, oh, gee, maybe I won't get paid. If they had gone to an insurance company and said, please issue me an insurance policy that my portfolio won't drop by more than 10 percent, there would have to be reserves. The insurance company would be limited to the number of policies it could write because if you write one such $10 billion policy, you have to have reserves if you are going to write another $10 billion policy. And certainly, we wouldn't have insurance sold by the unregulated parent of a bunch of insurance companies, especially run by drunken gamblers. But for some reason, we decided that a credit default swap wasn't insurance. Is there any practical difference between a contract that says if your $10 billion portfolio drops and is only worth $9 billion, we will write you a check, we will insure you against that risk, that would be insurance, and if we go to the same holder of a portfolio and we say, you have the right to trade your $10 billion portfolio at anytime you want for $9 billion worth of U.S. Government Treasuries, which of course you would do only if the value of your $10 billion portfolio had dropped by more than 10 percent? Why are we not making credit default swaps which are, in essence, an insurance policy against the decline in a portfolio of securities, subject to insurance regulation at some level? Mr. McRaith? Mr. McRaith. I would distinguish CDS from other insurance products in terms of both the size of the wager and, in many cases, the participants. It is not a consumer per se. These are highly sophisticated investors-- Mr. Sherman. If Wal-Mart gets fire insurance on all of their stores, they are just as big, they are just as sophisticated as somebody with a $10 billion portfolio. Mr. McRaith. Right, and as you know, the Dodd-Frank Act has looked at oversight and revision of regulation of these types of products, as should happen. At one time-- Mr. Sherman. So you are saying the power of Wall Street has prevented Congress from doing what obviously needs to be done? Mr. McRaith. Actually, what happened, I remember as a commissioner in the midst of the crisis, there were a number of commissioners saying that perhaps we should regulate the CDS as an insurance product. In fact, I think some of the State legislators were suggesting that. Mr. Sherman. Okay. I want to go on to Senator Nelson. I wonder if you have any comment on this? Is there any economic difference between a credit default swap in the situation I have outlined and an insurance policy? Mr. Nelson. I am one who believes that if you are issuing the swaps, you ought to have adequate capital to do that for sure. Whether you consider it an insurance product or not, there is a risk associated with it that ought to be backed by capital, and the problem with AIG was there was no basic cap-- sufficient capital to back the obligations made. Those obligations were not incurred by any of the insurers, to my knowledge. Mr. Sherman. Yes. If it is a regulated insurance product, there will be reserves. If it is not, then typically there aren't reserves. If I agree to sell a bunch of coal to a company at a particular price 10 years from now, I am not a regulated company, I may or may not have money now or in 10 years. But those who sold credit default swaps were providing insurance. They insured against the decline in the portfolio. They made mistakes. They issued an unlimited number of policies, not backed by capital, and what we have done to prevent this from happening in the future is nothing. I yield back. Chairman Neugebauer. I thank the gentleman. We are going to take one more questioner, the gentleman from California, Mr. Royce, and after his questions are over, we are going to recess. There are two votes, and I ask Members to, as soon as votes are over, come back so we can reconvene the committee. Mr. Royce, you are recognized for 5 minutes. Mr. Royce. Thank you, Mr. Chairman. Discussions on international insurance regulation always bring us back to the lack of uniformity in the State-based system. Even on issues most of us agree on, such as solvency and producer licensing, product approval, NAIC model laws have proven a useful exercise, but they have consistently failed to be adopted by all States, and even when largely adopted, we end up with variant language among the States. The recent individual State revisions to the solvency model law stand as yet one more example of this. The NAIC has acknowledged that certain insurance regulatory topics are appropriate for national uniformity, and it has looked into mechanisms for doing so such as a draft national insurance supervisory commission proposal. This was an idea that may or may not have had merit, but it never had a chance to succeed because of the manner in which it was developed. It was drafted and discussed extensively behind closed doors at an NAIC commissioners fly-in meeting in New Castle, New Hampshire. As with 100 percent of all NAIC commissioners' conferences, commissioners' roundtables, executive committee retreats, officers meetings, and zone retreats, this meeting again was closed to the public. The topic and the discussion were confidential until the proposal was leaked. Only then did NAIC engage in discussions with stakeholders, but they had started on the wrong foot. The headline of a trade press article was, ``NAIC Uniformity Plan Hits Wave of Mistrust'', and State legislators hammered away at the proposal, halting any public debate. I wonder if the Senator can give his thoughts on the NAIC process? When the NAIC membership meets in private to discuss matters of public policy, and only discusses the matter publicly after a news leak, does this undermine credibility? These are public officials, but they are meeting as a group under the auspices of a private corporation, the NAIC, with private travel paid for by yet another group, NAIC-Newco. On this point, I would also like to submit for the record a recent article that details the travel and cost of travel of NAIC officials. Senator Nelson, if you have seen this article, does it raise legitimate concerns about NAIC's influence over its members when it pays for vacation-quality travel for commissioners while at the same time selling its services to those public officials as a private vendor? And if you could also respond to questions about the open meeting policy? The floor is yours. Thank you. Mr. Nelson. Thank you, Congressman. I think that the NAIC continues to improve the openness and the transparency of the committee, subcommittee, working group process. There may have been times when it was less robust than it is today, but I think that there is a greater interest in transparency than I saw 30 years ago when I held this same position, and so I think there is more of an opportunity to have consideration time and again because it goes through the process. Typically, it starts at a working group, goes to a subcommittee, then to the full committee, to the executive committee, and to the plenary session. So there are numerous opportunities for any proposal to have consideration, and, for example, in terms of acceptance by the States of uniform regulations or uniform laws, right now the reinsurance, model reinsurance bill has been adopted by about 12, or about 45 percent of the total market. By the end of next year, it is anticipated that it will cover 75 percent of the reinsurance ceded market in the United States. So it is--whether you count the number of States or whether you look at the size of the market that is affected, I think there is substantial compliance to get model legislation wherever possible. But one of the benefits of State regulation is that State regulation is based on the needs of folks back home. We are talking about international issues here today. But really what this is about is the folks back in your district. Mr. Royce. It is. But, again, I raise that question over influence over its members while at the same time selling its services to those public officials as a private vendor, if you could later give me a response on that? And the bottom line is, will the policy be changed in terms of everything is private in terms of these closed-door meetings. Nothing is public in terms of these proposals. And that is a concern. Chairman Neugebauer. The time of the gentleman has expired. We will now recess the hearing, and as soon as votes are over, we will reconvene. [recess] Chairman Neugebauer. The committee will come to order. I now recognize the gentleman from California, Mr. Miller, for 5 minutes. Mr. Miller. Thank you, Mr. Chairman. I really enjoyed the testimony. I heard there had been open and vocal disagreements in international meetings and--in front of each other and I really enjoyed the testimony. And I guess I recommend a marriage counselor because people need to start talking. When we had Secretary Geithner and Chairman Bernanke in here, I asked a specific question. I said, ``Do you believe that banks should be regulated the same way insurance companies are or vice versa, or should insurance companies have different regulations than banks?'' And they both agreed they thought that was appropriate. They don't think it is appropriate to have both of them being regulated by the same rules. And I guess I just--I understand that the IAIS believes it is an obligation to adopt some global capital standard for all insurers. So I just want to come out and ask a direct question. Senator Nelson, do you think bank-centric capital standards are appropriate to apply to U.S. insurance models? Mr. Nelson. Let me answer it this way. I have respect for both Chairman Bernanke and Secretary Geithner. I might respectfully disagree that they need-- Mr. Miller. So you think they should be regulated the same? Mr. Nelson. Differently. Did should--did they say they should be regulated-- Mr. Miller. They should be regulated differently. Mr. Nelson. Yes. Mr. Miller. You were scaring me. Because I had really listened. Mr. Nelson. No, no, no. Mr. Miller. And I thought, I am really getting old, or I need to have my ears inspected instead of my eyes. Because I had heard you say you thought they were completely different and you thought applicable regulations to both would be inappropriate. And I think it would be--we went through a huge financial crisis. Mr. Nelson. Now that you clarified-- Mr. Miller. That sector was not impacted. AIG, which is a different issue. Okay. Mr. McRaith, do you agree with Senator Nelson? Mr. McRaith. I absolutely agree that the insurance industry should not be subject to bank capital standards. Mr. Miller. Mr. Chairman, I am loving these guys all of a sudden. Because it seems like we had all kinds of questions all day and discussion and a lot of people out there were believing that somebody was thinking that we should regulate them both the same. And I know there are a lot of insurance companies out there. Some you talk about, Senator Nelson, that had a very minor bank holding company that just did it as a courtesy to their organization and stuff, and they have just sold them off because they were panicked that those standards were going to apply. And I am glad that you both have--you made me feel a lot better, you really did, because I introduced legislation to stop this. Because we heard it was starting again, the concept of doing this. And then I had heard the problem with vocal disagreements. And I am not--I didn't mean to be critical. We need to talk. Chairman Neugebauer and I, if we disagree on something, we will go in a room, private, and we will have a discussion. And we will both voice--I don't think we have ever had that kind of discussion. We might have a difference of opinion on certain things. We have never come out here publicly and gotten in a brouhaha in front of everybody over an issue. We might ask different questions and maybe we would both like different responses. But that answer was extremely important to me. Because we have--I have heard both of you make your presentations, and I appreciated both of them. But then, I had heard about the vocal disagreements and such. So it is niceto have it out there. Now, if we all would sit there, Mr. Woodall, everybody agree that we all agree, and we will fight those people who believe that one-size-fits-all internationally. And that is good for the United States, which I don't agree with--I think it would be a huge mistake. I think I--when I was at the State, I got to chair the insurance committee for a while, and I really enjoyed that. I believe in optional Federal charters for insurance, even. I would like banks--to give them an opportunity if they want to do that. If they want to, yes; if they don't want to, fine. But to have some other body determining how we should regulate our specific industries is very scary because they don't understand our model. If you go to the EU, it is a different model than we have here. Ours is specific to the United States, and I think it has worked very well. But in recent months, I have had more meetings with people from the insurance industry who are very, very concerned, more so than they need to be, now that I have heard what you both believe. So if I have Mr. McRaith and Senator Nelson, and I have Secretary Geithner and Chairman Bernanke all saying that is a very bad idea, we need to record this meeting, Mr. Chairman, and we need to replay it. Every time somebody brings this issue up, we need to say, no, nobody believes it is going to happen. And it is kind of like my opening statement, because I really only asked one question, but I would really encourage all of you to start talking about this publicly and letting other people know that you believe this, and you are going to make sure that you do everything possible to make sure this happens. And then, there are a lot of us on the committee who would be much more at ease knowing that was a sentiment, and we are all in unison here, agreeing that, for our country, this is wrong; for our business sector and the insurance industry, it is wrong, and for our economy, it would be a disaster. So I am not going to ask all these other stupid questions because they don't really apply anymore. You gave me the answers I wanted to hear, that you both think they are different, and they should be regulated differently and treated differently. And based on that, I yield back my time. Thank you. Chairman Neugebauer. I thank the gentleman. And now the gentleman from Florida, Mr. Ross, is recognized for 5 minutes. Mr. Ross. Thank you, Mr. Chairman. I appreciate the opportunity to ask some questions and to follow up with Mr. Miller. I come from a State, Florida, that has been used more as a bad example for an insurance market than anything, but a demand that is uncompromising to some of the other jurisdictions out there. And yet, our regulatory environment under our insurance commissioner has worked, despite some of the natural catastrophes we have had. Mr. Woodall, the Financial Stability Board has charged, of course, IAIS with the responsibility of identifying the G-SIIs, or the G-SIFIs, however you want to do that. My concern with that is that if they find a U.S. or domestic insurer to be one of those G-SIIs, what due process or--at least with the SIFI, we have due process. The nonbank financial institutions that have been identified in the last week at least now have an appeal process. Is there any such due process under the G-SIIs? Mr. Woodall. Congressman, I think we discussed this a little earlier as far as what happens if a G-SII is named by the FSB. And the efforts that are going on to try to coordinate that. Obviously, the systems are not identical. There are some differences. There are some weighting factors that they use. Mr. Ross. Couldn't the identification of a G-SII, a domestic, a U.S. domestic insurer taint the designation as an SIFI under our current standard here. In other words, it would seem to me that if you are going to have a G-SII of a domestic insurer, they would also then almost axiomatically be a SIFI under our--our system under Dodd-Frank. Mr. Woodall. Not necessarily. I think that certainly the FSOC would take note of that because that is a very important factor. Mr. Ross. Yes. Mr. Woodall. To take note of it. But they would not be bound, because this Congress has set what we are supposed to determine it on at FSOC. And we use the metrics and the procedures that Congress set out for such determinations as a SIFI in this country. Mr. Ross. Again, that is why I am glad you are on FSOC. And I am glad you are a voting member. Now, be that as it may, I understand the IAIS is setting these standards for G-SIIs. Why aren't you on that? Why aren't you a part of the designation committee for G-SIIs? Mr. Woodall. Congressman, I did cover that in my written testimony, because I had mentioned the fact that I did feel like that since we have a comparable situation, when we look at-- Mr. Ross. I have confidence in you, I just want you to know that. I would like to see you there, because I think it is a two-way street. Not only do we have to protect our insurers, domestics that are doing business here, but we have to protect our domestics that are doing business there. Mr. Woodall. I would like to be in the room, too, when Mike McRaith is there, because I think it is important. I would like to help him. I don't think that it is any sort of a conflict. I think the more boots on the ground, the better, and I don't think there can be too many eyes and ears in a meeting like that to try to come up with a right consensus plan. Mr. Ross. I couldn't agree more. And the lack of that--a lack of your presence being there gives the suggestion that maybe we are not putting forth the best effort on behalf of our domestic insurers in dealing with international regulatory rules and reform. Mr. McRaith, you have been the Director of the FIO since its inception; is that correct? Mr. McRaith. I started 2 years ago. So approximately a year after the Dodd-Frank Act passed. Mr. Ross. And under FIO, we have charged them responsibility for issuing some reports. Yesterday, we received our report, at least I had a chance to look at the executive summary. You talked about the modernization one. There have been several that missed deadlines, including the market with regard to reinsurance. Reinsurance is really important to my jurisdiction. It becomes a villainized industry when we are doing ratemaking processes at the OIR in Florida. I know it has been 18 months since these reports should have been issued. How are we coming along? Are we able to get a draft report? Can we get a sense of what might be out there and when you think these reports might finally be issued and submitted to Congress? Mr. McRaith. Absolutely. First of all, I want to recognize the importance of the reinsurance market to the State of Florida and, frankly, for the entire country. Mr. Ross. Yes. Mr. McRaith. The annual report is the first in line, first in the queue, so to speak. We will be releasing our modernization report, as I mentioned, soon. Mr. Ross. Soon. Mr. McRaith. And our hope is this summer. Mr. Ross. Good. Mr. McRaith. We are aware of the need to release the reinsurance report. We will have a report on natural catastrophes as well, also an issue of interest to the State of Florida. Mr. Ross. I hope we dont have any new data for you in the next 3 months for it, either. Mr. McRaith. Yes. We are all hoping for that. But you should expect to see all of those in the near term. The first one is out. We have the process in place. And we are looking forward to providing you with those reports. Mr. Ross. Thank you. I yield back. Chairman Neugebauer. I now yield to the ranking member, Mr. Capuano, for 5 minutes. Mr. Capuano. Thank you, Mr. Chairman. Director McRaith, the ComFrame, the IAS stuff, this is not going to be mandatory in the United States; is that correct? Mr. McRaith. That is correct. Mr. Capuano. So it is advisory with kind of a best, as they see it--a best practices type of thing. Mr. McRaith. Their best practices for the United States to adopt in a way that works for the United States. Mr. Capuano. Fair enough. Senator, in your--you have been involved with the insurance industry for a long time in various capacities. And in my previous life, I was a little bit involved in insurance as well. And I remember that there used to be--all the commissioners would get together and they would come up with model legislation that different States would participate in and they would adopt or not adopt. Am I right about this? Is my memory serving me correctly? Mr. Nelson. That was, and still is, the process. Mr. Capuano. And that is a similar thing. It is a suggestion, for all intents and purposes, best practices as the group sees it that each commission or each State could then make a determination whether it would adopt or not adopt or adopt some of it or amend it or whatever. Do I have that right? Mr. Nelson. That is correct. Mr. Capuano. So it is just like on a State-By-State level exactly what IAIS is suggesting on a country-by-country basis. That there is no--there is no power to enforce it. There is no requirement that it be done. It is how they see it. The same thing in this case how the association would see it. So, therefore, I--though I understand fully well, and I totally agree, we should never give up our regulatory scheme to any other country, which, by the way, we just did yesterday on the Floor of the House. That is a different issue. But we shouldn't. But we should look at different countries to see maybe they do something that we should do, or whatever. Mr. Nelson. Absolutely. Mr. Capuano. So I think from what I see at the moment, especially as I understand the ComFrame, there is no intention of adopting or enacting any of this until 2018, anyway. So there is a lot of time to come up with the right answer, to react to it, to say we like Section 1, we don't like Section 2. And to have that open, public, honest discussion between States, between countries, and to make that--again, do I have my timeframe right, Mr. Director? Mr. McRaith. That is correct, absolutely. Mr. Capuano. Which, to me, again, without drawing a conclusion on the individual proposals, I think that seems to be the right way to go, to have the open discussion in a debate. Some people will agree, and some people won't. What is best? How do you work within an international framework? It is actually what we are doing on every aspect of financial services across the world, trying to figure out, is Basel II, Basel III, whatever it might be for banks and insurance companies and anybody who does international business, we are trying to figure out how to do all that in a coordinated manner. So I--honestly, this whole process seems to me to be something that is quite normal. And we are not at the point yet where we should be pulling our hair out--not that I have much left, but whatever is left--and worrying about it. Though, I do think it is appropriate to raise those issues. Yes, Senator? Go ahead. Jump in. Mr. Nelson. If I might respond to that, the NAIC, the commissioners are not opposed to developing a common frame or a ComFrame. As a matter of fact, we are putting together a proposal that embraces those parts of ComFrame that we think are appropriate, most appropriate to avoid having the prescriptive nature of it. And, in addition, we are going to identify those areas where we think the language in the 140- page document is difficult to understand, and won't work. But the biggest concern is that what ComFrame seems to be doing is being based on a bank-centric approach. That is our biggest concern. Mr. Capuano. I understand. Mr. Nelson. Not about this little piece or that piece. Mr. Capuano. That is exactly what we went through with FSOC. As a matter of fact, I had a lot of insurance companies coming in on the exact same thing relative to FSOC. I think those are fair and reasonable concerns. And I think, as we play out over time, you will find a lot of friends here with--maybe not the same conclusions, but the same concerns. And I for one am happy to listen. Mr. Woodall, have you asked either Treasury or the Fed if you could maybe go on staff one day a month or something and kind of sit in the room under a different hat or something? It seems ridiculous that you can't get in the room and participate in the discussion. That just doesn't seem like the right answer to me. Mr. Woodall. In other words, a detail. I was a detail to this committee for about 10 years. Mr. Capuano. Yes. Why can't we find a way again-- Mr. Woodall. I think we can find a way. There are always different ways to get something done. I can be invited in the room under the bylaws of--if someone invites me in. If I am at the meeting, it is just the fact that if I am at the meeting and they say, we are going into executive session, and I leave the room and I look back there and there are IMF employees and employees from Treasury, but I can't get in the room. That is the frustrating thing. Mr. Capuano. Actually, this panel is a classic example. There is no one person or no one entity as far as I am concerned that I want to give every ounce of power to. I want there to be an open discussion. I want there to be an open debate so we can get this done as best we can. And, therefore, again, I don't even know what you think on these issues. But you clearly hold an important position. And you should at least, if nothing else, be aware of the discussions, even if they don't want to listen to you, which is fine. And as far as I am concerned, as one Member, certainly if I can do anything to help get to these details, I am more than happy to do so for the sake of trying to get all the right players in the same rooms at the same time so we can have these discussions sooner rather than later. So if there is anything we can do, please-- Mr. Woodall. It is a consensus process, just the way this committee and this Congress works on consensus, I think I agree with you that is the way it should be done. Mr. Capuano. Thank you. Thank you, Mr. Chairman. Thank you for your indulgence. Chairman Neugebauer. I thank the gentleman. The gentleman from Virginia, Mr. Hurt, is recognized for 5 minutes. Mr. Hurt. Thank you, Mr. Chairman. I thank the panelists for being here this afternoon. I want to direct my first question to Mr. McRaith, and then maybe have comments from the other gentlemen. I think that, generally speaking, people believe the U.S. insurance regulatory structure is a fine one, is a good one. And I guess what I would ask is, do you agree with that in whole, Mr. McRaith, and if you do, can you talk about how you defend that when you are talking to your EU counterparts? How do you defend that? And then I guess the second thing is, can you talk about the U.S. regulatory structure and its effectiveness in the context of competitiveness, the competitiveness issue that U.S. insurers face as a consequence of the decisions that will be made by these bodies? Mr. McRaith. Sir, let me try to take your three questions in order. The first question you asked is whether the system in the United States is fine, from my perspective. And I think I probably share the view of this committee, which is that the regulatory system worked generally well through the crisis. It has served our country generally well for decades. As with any regulatory system, it needs to be evaluated factually, and gaps and issues need to be identified if they exist. That is in the best interest of our country, of our economy, of the industry, and of consumers. So, that is my view of our system. In terms of, how do I defend that in the international fora, as you asked, I think it is important to remember that first of all, we can't stomp our feet and say no and walk out of the room. The conversations will continue in our absence. Our view is we have an important role. The United States is a leading insurance jurisdiction. And we need to do the best we can to influence the outcome of international discussions so that you, as Members of Congress, can make decisions about whether and, if so, how our system needs to be reformed. That is in the best interests of our industry, and that, in our view by advocating our view, working with our international counterparts and the State regulators, we can develop a platform that supports the growth internationally that the U.S. insurance-based industry wants to see. We want to support that industry, and participating in the standard-setting is one important way to do that. Mr. Hurt. Along the same lines, how do you evaluate the concerns that--in any way jeopardizing our current U.S. regulatory structure or giving up our sovereignty, if you will, as it relates to those issues, how does that play into the competitiveness of our companies? Mr. McRaith. Starting with some ineluctable realities, the insurance industry in the United States, if it wants organic growth, is mostly seeing that in the emerging markets. That puts additional pressure and stress on having international standards that make sense and support the growth that our companies want, and what we want from our industry. That is exactly what we want to see and that is why we are engaged in the international processes. We want to support an international platform that allows for competitiveness overseas. Mr. Hurt. Thank you. Mr. Nelson, would you care to comment on that? Mr. Nelson. Sure, Mr. Congressman. I would concur with what Director McRaith has said. I would add that in terms of working with our international friends, we want to make sure that the standards that are developed are appropriate for the insurance business, not bank- centric. A global capital standard applied to all across-the- board might work well for banking, but it is inappropriate for insurance. So the commissioners and the NAIC, in working with our international counterparts, want to make certain that kind of a mistake is not made, and we will raise our voices against that. We are not going to stomp and walk out of the room, but we are going to raise our voices. I think what I said earlier really applies. We are putting together those pieces of ComFrame we agree with, that we think work for insurers, and work on either side of the Atlantic, and around the rest of the world. And we are pointing out those areas and standards that we don't think are appropriate. Mr. Hurt. Thank you. I believe my time has expired. Thank you all. Chairman Neugebauer. I thank the gentleman. And now the gentleman from Ohio, Mr. Stivers, is recognized for 5 minutes. Mr. Stivers. Thank you, Mr. Chairman. And I would like to thank all of the witnesses for being here. Mr. McRaith, of the eight duties that are specifically mandated to you under Dodd-Frank, one of them we have talked a lot about is your involvement with the IAIS. Another is consulting with insurance regulators on matters of national and international importance. And I guess I want to open the floor to both you and Senator Nelson to find out how that consultation is going, whether the NAIC feels comfortable that it is going okay, and how you feel like that is going. Mr. Nelson. I said earlier that I think there are intermittent times when there is a consultation. But they are not sufficient in terms of the amount or the nature of what Treasury's position might be with respect to certain issues such as market-consistent valuation, or about other issues. So we were in a position of very often not knowing. Now, I talked to Director McRaith about it, and he has been very clear that in some instances, the bureaucracy of the Treasury is like any other bureaucracy; he might not know, and he doesn't know when he is going to know. So this is not an effort to try to deal with this other than straight up. We have to have a clearer understanding of the positions of the Treasury Department and the FIO, particularly as they relate to State regulation. Outside of State regulation, we are not insisting to know. Mr. McRaith. I am not sure, Congressman, whether you were here when I mentioned earlier in response to the chairman's question, after 6 years and 3 months as a State commissioner, if I had remained a State commissioner, I would be the president of the NAIC. Mr. Hurt. Yes. Mr. McRaith. And, yes, we can do things better. As you know, we are a new office. We are learning. We want to learn. We want to do things as well as we can to serve the interests of our country. I think it is wrong or inaccurate to suggest that we are not working together. And I could go through the litany of things. Mr. Hurt. That's great. You have answered the question. Mr. McRaith. Yesterday-- Mr. Hurt. Because of limited time, I will cut you off there. But I would ask you to work harder to get them the information they need. We have a State-based regulation system under McCarran-Ferguson that predates that. It is a 150-year tradition in the United States, and you know it. You were the Indiana or Illinois commissioner. Please do what you can to get that interconnectedness inside of Treasury where you can. I do want to follow up on a question Mr. Ross asked earlier. He mentioned reinsurance, but he didn't talk about nonadmitted carriers that are also in that study. I just wanted to quickly mention that they are an important part of making our markets work really well, too. And I know that both you and Mr. Ross mentioned half of that study, but I hope you do the whole study, including nonadmitted carriers. Mr. McRaith. Absolutely. Mr. Stivers. The next thing I wanted to talk about is to follow up on one of the questions that you have heard a lot about, and I don't recall whether Basel standards have come up specifically, but you answered Mr. Miller's question, both of you, about this. But the Basel standards are really created for banks. And I hope you will resist their imposition on our insurance industry. So I guess I won't ask you to comment on that. But I will urge you to make sure that they use appropriate standards, not just ones that were created for banks. The next question I have is a follow up on something that Mr. Hurt was talking a little bit about. So, the ComFrame initiative has really become focused on technical details and standards rather than just establishing a consensus or a set of principles. And I am curious if--Mr. McRaith, could you address this concern, and what you are doing to make it move more toward principles as opposed to prescriptive standards? Mr. McRaith. Congressman, I became the chair of the committee that oversees development of ComFrame in October of 2011. I can't attest to or vouch for the work product preceding that other than to say very smart people from around the world worked together to get to that point. We have heard frequently and with great emphasis from the industry that those provisions of ComFrame that apply to the industry should be principles- based. When the next version of ComFrame is released, which will probably be in late September, early October of this year, you will see a much more principles-based document. It will be focused on outcomes. It will have guidance for supervisors and companies, and ideas for those supervisors and companies on how best to achieve those outcomes. But we are moving in that principles-based direction. Mr. Stivers. Great. I will yield back the balance of my time and hope for a second round, Mr. Chairman. Chairman Neugebauer. I thank the gentleman. The chairman of the Capital Markets Subcommittee, Mr. Garrett from New Jersey, is recognized for 5 minutes. Mr. Garrett. Thanks. And I may not use the whole 5 minutes. This sort of plays off, Mr. McRaith, some of the questions and answers that you have given already. So what I understand from everything I am hearing here, you are moving--not you, ComFrame is moving off from the coordinated, regulated coordination approach to standard-setting. Okay. But if that is done, does that mean that when we have jurisdictional differences here versus there in the area of solvency, which is one of my pet issues as previously being on--chairing the insurance committee back on the State level, which I always said the only issue that a regulator should really focus on is solvency, everything else becomes secondary after that. Solvency, accounting, capital requirements, corporate governance. They will be what? If you said it was going to be an outcome-based system, so therefore the standard- setting in your understanding would not be particular on all those four or five areas that I just ran down? Mr. McRaith. I would answer--let me try to answer your question as precisely as I can without getting into too much of the technical details. Mr. Garrett. Okay. Mr. McRaith. Generally speaking, the ComFrame provisions that apply to the companies, the risk management, corporate governance, those will move in a much more principles-based direction. The objective of ComFrame is to allow for the supervisors from countries around the world. We want our companies expanding, growing into all these emerging markets. Those supervisors want to know, what is this company we are looking at? And how is it capitalized? What is its financial condition? So, ComFrame will establish a common vocabulary. But it is not going to be a solvency assessment, per se. It will be a common method, a simple basic formula, how do we evaluate the financial status of the company? Now, the best part about it is that what we will see at the end of this year is a concept and a proposal. And it will be 4 years of testing with the companies to get their direct feedback. Mr. Garrett. I appreciate you not getting too much in the weeds. So let's take something like the capital standards or what have you, so they will come up with a terminology term and that sort of thing. I get you, I think, on that. Mr. McRaith. Yes. Mr. Garrett. But what pops into my head is another analogy where we talk in these committees on setting of standards in education and then, of course, their--what is the expression they always use? We are going to teach to the test, then, which, basically, you are teaching to the standards, right? So if you have these core requirements, if you will, which would be the standards here, does that then implicitly, if not explicitly, then, say to the company, to the carrier, this is how your capital standards will have to be met in order to be satisfied, in order to satisfy these standards, as opposed to just saying, you have a standard--and I am not alluding to the whole banking issue. Mr. McRaith. Right. Mr. Garrett. That is a valid argument, as well. Mr. McRaith. In fact, I think, on the contrary, what it allows the supervisors of these companies--and, as you know, some of the U.S.-based companies are in 40, 50, 100 or more countries. That is great. That is what we want. And what we want to see is those supervisors be able to understand what is the financial strength of the company. It is not setting a standard; it is allowing them to communicate in a way that builds confidence and trust. Mr. Garrett. All right. Just two other questions. If the company is designated as a global systemically important insurer by the IAIS and the Financial Stability Board, what will the consequences be, then, for that U.S. company group? Mr. McRaith. It is important to know--and I was, by the way, pleased to hear Roy talk about this, because our situations with him, obviously, have informed him very well. The FSB, the IAIS will make a recommendation to the FSB, which will make its determination. That is not self-executing. There is no legal effect of that in the United States. Any determination at the FSB level for any country--for any company would be referred to the domestic authority, the domestic risk- analysis process. And in the United States, that is the Financial Stability Oversight Council. No aspect of the FSOC is going to be abrogated, altered, modified, or reduced because of the international process. Mr. Garrett. We will see. My last questions are on the FIO, they are responsible as far as reports under Dodd-Frank. I don't know whether someone else has asked you this, about the fact that I guess there are, all together, one, two, three, four, five reports. Two of them are done. There are three of them whose timeline has come and passed, January of last year, September 30th. Can you tell me why are they late, and when should we anticipate them? Mr. McRaith. I can tell you that the reports--we released our first annual report yesterday. We are pleased to have that out. We look forward to feedback from you and other members of the committee on that report. It is our first effort. That is the first in our queue. We are working to produce additional reports. You will see our modernization report, which, as you might know, Congressman, I think is the one of interest to many people. That will be out in the near future. Mr. Garrett. That was due back in January of last year, right? Mr. McRaith. That is right. Mr. Garrett. So shouldn't we have that? Mr. McRaith. We recognize that it is not on schedule. We haven't delivered it as punctually as we would like. But we want to provide this committee with a meaningful, thoughtful report. That is what you will get from us. Mr. Garrett. I would think--with the chairman's permission--that sort of information would be information that you would want to have in hand as you are negotiating or discussing the aspect of defending our system vis-a-vis the international system. And we are a year-and-a-half behind there. That would be problematic, I would think. Mr. McRaith. More importantly, we want you to have that information as well. Mr. Garrett. Thank you. Mr. McRaith. Thank you. Chairman Neugebauer. I thank the gentleman. The gentlewoman from Ohio, Mrs. Beatty, is recognized for 5 minutes. Mrs. Beatty. Thank you, Mr. Chairman, and Mr. Ranking Member. I will try to be brief, and I am going to combine two questions. As you heard earlier, I am from the great State of Ohio. And we have one of the Nation's largest insurance companies in my district. We also have the largest single campus in my district. And in talking with some of the financial managers at the Ohio State University, one of the questions came up about terrorist insurance, risk insurance. And with the backstop here in the U.S. Government, the university is paying thousands and thousands of dollars. And so they wanted to know--to obtain coverage for a terrorist attack, without TRIA, will the cost be prohibitive? Will it be impossible to get the insurance? Or do you think they will have to go through surplus lines outside of the United States? Briefly, please? Mr. McRaith. Briefly, as you know, TRIA, as a program, is set to expire at the end of 2014. These are exactly the issues that we will be studying, considering, and evaluating over the next 18 months. And we look forward to hearing the views of your constituents, the industry, and others, of course, regulators, as we make that evaluation. Mrs. Beatty. Okay. Thank you. The second question is, as we look at insurance companies who own banks and then insurance companies, as someone earlier said, that are designated as systemically important financial institutions, if each of these companies are wholly domestic, will they be subject to an international agreement on capital rules? Mr. McRaith. Congresswoman, if I understand the question, it is whether a bank or savings and loan holding company in the United States would be subject to international capital rules. I think those determinations are made by the lead supervisor of the bank holding company or savings and loan holding company. And in our case, that would be the Federal Reserve. Mrs. Beatty. Okay. Thank you. I yield back. Chairman Neugebauer. I thank the gentlewoman. Mr. McRaith, in your discussions with European officials, does the Treasury have any specific concerns with the proposed Solvency II standards for insurance companies operating in Europe and their potential impact on the U.S. insurers? Mr. McRaith. We have--first of all, Solvency II is not a final document. So the exact terms and provisions of Solvency II are unclear at this point. We have certainly heard from industry, both in the EU and the U.S., about Solvency II's impact. Our primary concern was the threat of a unilateral equivalence assessment of U.S. regulation by the EU. And our work with the State regulators and our EU counterparts that has been a constructive, good faith effort now for 18 months, has removed that equivalence threat from the supervisory relationship, and we have worked to improve, as I mentioned earlier, our understanding, our analysis of both systems. Chairman Neugebauer. Would you support then--is it your position that the United States should adopt Solvency II standards? Mr. McRaith. Absolutely not. I think we have a system here; you are well-versed in it. Our system works for the United States. Whether it should be changed or not is in the purview of this body. Solvency II is a system that can work well for the EU. It has some very good ideas. And very smart people have developed that approach. It has, in fact, been adopted in part in Mexico, China, South Africa, and other countries around the world. We shouldn't turn our back on it. And we wish our best to our EU counterparts. But as a system, it is not one that would work for the United States. Chairman Neugebauer. My next question is about something that was I think in the New York Times yesterday about captive insurance companies. I think it was a New York attorney general who mentioned that there should be some additional investigation of that--I guess since we have State regulations, you are involved in monitoring what is going on, do we feel that the States have a handle on captive insurance companies? And I will start with Mr. McRaith and go across the panel. Mr. McRaith. Yesterday's action by the New York Department of Financial Services, which includes their insurance regulators, illustrates, I think, that this is an issue of importance. It is an issue in which the States are engaged, and there are opinions on both ends of the spectrum on this issue. My understanding from the regulators, and we are monitoring the activity, is that they are working on an appropriate and professional way to bring some uniformity, some resolution to this issue. And I think as well that the industry is very professionally engaged, working to bring some closure on this issue. Chairman Neugebauer. Senator Nelson? Mr. Nelson. I would agree with Director McRaith on that assessment of what the NAIC is doing. One of the efforts that is under way is to develop principles-based reserving so that the reserves, the assets being held to protect against the liabilities are matched sufficiently and appropriately. If that occurs, I think you probably will see less use of any captive, and even in the use of a captive, there is a question of whether or not risk has been transferred. So this is an area that is being closely scrutinized. I think there will be a way to harmonize it between the various different points of view. But principles-based reserving will be one of the most important points. Because one of the reasons that you have the captive situation is that there is a belief among some within the industry that the reserving requirements, which are based on a formula, create redundant reserves, over-reserving, unnecessarily over-reserving, not seeking to under-reserve necessarily, but over-reserving. Those are the arguments that are being made. Let's get this reserving system right, and then I think some of these mechanisms will be unnecessary. Chairman Neugebauer. And so should policyholders--is your message to them today, ``We have it covered?'' Mr. Nelson. We want the policyholders to know that when a promise is made to them, the promise will be kept. It matters to your folks back home. It matters to the people all over the United States. We want to make sure that things are done right. And matching reserving requirements to actual needs and capital support is critical to regulation of insurance solvency. And you can be sure that the commissioners are working hard to resolve this. Chairman Neugebauer. Mr. Woodall? Mr. Woodall. I would say in my capacity as a member of FSOC, and trying to keep my insurance expertise up to date, this has been an issue that I have been looking at. I have met with companies that use captives for their reserves. I have met with companies that oppose that. I had a consultation with Superintendent Lawsky on this issue. And I think that if the council, FSOC, decides to make some sort of recommendation, it will. In the meantime, I think it is with the regulators, where it should be. If they could come up with something--it is very typical that when you get the industry divided on an issue, it is pretty hard to come to a consensus. But I think this is a very good faith effort under way to do so. Chairman Neugebauer. Thank you. I recognize the gentlewoman from Ohio again, Mrs. Beatty. Mrs. Beatty. Thank you, Mr. Chairman, and Mr. Ranking Member. I think I had a part two of that question. And I kind of left it in the air, so let me take a stab at it again and ask, even if those companies are wholly domestic, they will be subject to the international agreement on the rules. But when we look at Basel III, which is a banking regime, and the Federal Reserve has stated under Dodd-Frank, it must be subject to federally-supervised insurance companies to this banking regime, do you feel that is appropriate? Mr. Nelson. Congresswoman, the way I would respond to that is that we already have developed what we call supervisory colleges that do the examination and the oversight of globally active insurance operations. And that consists of not only the home State supervisor, the domestic State supervisor, but other affected States, as well as international regulators, included within that supervisory college working together with the collaborating, communicating, cooperating and jointly and group supervision already--already be engaged in that supervision, even when a company is not designated as an SIFI or a G-SII company. So I think you are going to see a lot of cooperation. It is already in place. I don't remember, but there are more than 15 of these college supervisory groups that have met, are meeting and continue to work together, cooperatively, across borders, across transatlantic, wherever the regulator of a jurisdiction needs to be involved, can be involved. Mrs. Beatty. Thank you. I yield back. Chairman Neugebauer. I thank the gentlewoman. The gentleman from California, Mr. Royce, is recognized for 5 minutes. Mr. Royce. Thank you, Mr. Chairman. Director McRaith, you reference in yesterday's FIO annual report, State-level reinsurance collateral requirements have been a thorny issue between the United States and Europe for several years. You have observed that. We have observed that. But the conference report on Dodd-Frank noted that Treasury and USTR's authority to negotiate covered agreements going forward will assure uniform national application of prudential measures, such as reinsurance collateral requirements. That quote is from the legislation. As covered agreements are intended to be the mechanism to resolve this issue, can you tell me the status of FIO's efforts to seek such an agreement? Mr. McRaith. Congressman, there are a couple of considerations. First of all, we are, as mentioned earlier, in close contact with the State regulators in the EU through our project, our dialogue, and project. And we have identified reinsurance collateral as an important question to be resolved between the two jurisdictions. We have monitored very closely the work of the NAIC and the States on this issue. We are aware of the law in Dodd-Frank, Title V, what its authority is. And we are evaluating the facts, and we are evaluating whether those facts justify the pursuit of a covered agreement. Mr. Royce. We will, going forward, have EU/U.S. trade talks on this subject of a trade agreement. Could that be used to institutionalize, maybe, this discussion with Europe? I just bring it up as a thought. You don't have to give me a response on it. But conceptually, it might be a way to drive this issue for a while and get it resolved. If we have a seat at that table, and it is raised to that level, we might be able to get this behind us, but I want to thank all three of the witnesses for their testimony here today, Mr. Chairman. Mr. McRaith. Thank you, Congressman. Mr. Royce. Thank you. Chairman Neugebauer. I thank the gentleman. And now the gentleman from Ohio, Mr. Stivers, is recognized for 5 minutes. Mr. Stivers. Thank you, Mr. Chairman, for this second round of questions. My first question is for Mr. McRaith. We talked a little bit about how you think the ComFrame is going to hopefully transform back to a more principles-based approach. In the current 138-page proposal, it details a description of how assets and liabilities should be calculated that don't currently match the U.S. system. And I am just curious whether you are working to fix that, and what the status of that piece of it is, if you can say. Mr. McRaith. Sir, and again, I don't want to get into too much of the technical detail. But to answer your question as well as I can in a meaningful way, the most recent draft of ComFrame is July of 2012. There have been various proposals, additions, edits, and changes that have been part of a circulating draft. The next formal draft of ComFrame will be released in late September or early October. Now, are there issues in terms of a quantitative assessment, a quantitative element of ComFrame that raise questions about the intersection of the U.S. approach versus other approaches? Absolutely. And that is the conversation that we are having at the IAIS. Mr. Stivers. And the point there is if we can't figure out how to calculate our assets and liabilities similarly, it is going to be really complicated as we try to figure out how to regulate folks. Mr. McRaith. I completely agree with you. It is an incredible challenge. What we do know, though, is that insurance groups operating internationally do this all the time. And we also know that the credit rating agencies that evaluate the capital or financial position of those same groups do it all the time. Mr. Stivers. And here is my bigger question and concern under ComFrame. Because it imposes a new additional layer of regulation, especially on large U.S. companies competing in foreign markets against more domestic players that in some cases would not be subject to ComFrame. What are you doing to prevent the creation of an unlevel playing field or a competitive disadvantage for our U.S. insurers? Mr. McRaith. So, first, let me say and repeat that our priority is to establish a level playing field to support. Mr. Stivers. You said that earlier about international. I just want to know what you are doing to make sure that happens. Mr. McRaith. Leading the discussion, participating actively, engaging in the important and difficult questions will allow us to shape the outcome of ComFrame. It is important to know--the premise of your question--I am sorry. Mr. Stivers. Do you think we are put at a competitive disadvantage by the structure? Maybe several of our State insurance commissioners from States that are as big as countries in Europe should be at the table. Mr. McRaith. And they are. The NAIC-- Mr. Stivers. They are there through Mr. Nelson. But how many votes does our NAIC get? Mr. McRaith. There are five votes at the Executive Committee for North America. And three of those are for the United States. One is for-- Mr. Stivers. So take out Canada and Mexico for-- Mr. McRaith. Three for the United States. Mr. Stivers. I am elected to the United States Congress. Mr. McRaith. There are three for the United States. One is the Federal Insurance Office; the other two are the States. Mr. Stivers. Those are votes from North America. How many from Europe? Mr. McRaith. I don't know. I know that there is regional balance. And I don't know the exact number, but I would be happy to let you know. Mr. Stivers. I guess the point is, maybe the structure is something that we should take a serious look at. And I don't want to walk away, but I just want to make sure that our regulatory structure is not at a competitive disadvantage just because of the structure of this international organization that makes our big insurance companies have to be at a competitive disadvantage when they try to do business in Europe or in Asia or anywhere in the world. Mr. McRaith. I absolutely appreciate that concern. I would say that is one advantage of having the Federal Insurance Office as Chair of the committee that is developing ComFrame. And all the more reason for us to collaborate, and coordinate with the State regulators. Mr. Stivers. And I do appreciate that you are doing that. We have about 30 seconds left. Is there anything that you want to talk about in that time? Mr. Nelson or Mr. Woodall? Senator Nelson, I'm sorry. Mr. Nelson. I think, Congressman, you have hit on one of the most important parts of the concerns about ComFrame, about getting it right for the State-based system in the United States. And when you look to the number of votes, there is a concern that we could be voted down and the ComFrame could go through. It is supposed to be a collaborative process. And in some respects, maybe it is. But I can tell you that many of the commissioners who participate at the ComFrame level question whether or not our positions in our requirements are being heard, or are being heard but not being listened to. Mr. Stivers. I guess I would just propose a quick--and I know I am out of time--alternative. Maybe we should look at the total asset size of our industries compared to other folks and have a proportion of voting share that way. I yield back, Mr. Chairman. Chairman Neugebauer. I thank the gentleman. I ask unanimous consent that the testimony from NAMIC, a letter from ACLI, and a letter from FSR be made a part of this record. Without objection, it is so ordered. I will close by saying I think this has been a good hearing. I appreciate the Members' questions. I appreciate the witnesses' candid answers. I think what I would say to you, to this panel, is there is a lot of expertise here at the table today on this issue. This is an important issue to our country. Our American insurance industry is one of the crown jewels of our country. And we have a bunch of really fine companies here that create a lot of jobs. And they create a lot of GDP for our Nation. So if there are ways that the three of you can figure out how to work better together, I think that is important. If I can figure out a way to get Mr. Woodall more engaged in those activities, he obviously brings some things to the table, and he brings a perspective from a table that neither one of you sit at, as well. So I think the collaboration is an important part of the process, and particularly one--such an important one is making sure that we have a level playing field and we also, more importantly, in the end, making sure that these promises that these entities have made to their customers they will be able to keep. The Chair notes that some Members may have additional questions for this panel, which they may wish to submit in writing. Without objection, the hearing record will remain open for 5 legislative days for Members to submit written questions to these witnesses and to place their responses in the record. Also, without objection, Members will have 5 legislative days to submit extraneous materials to the Chair for inclusion in the record. So, with that, this hearing is adjourned. [Whereupon, at 3:28 p.m., the hearing was adjourned.] A P P E N D I X June 13, 2013 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]