[House Hearing, 115 Congress] [From the U.S. Government Publishing Office] A LEGISLATIVE PROPOSAL TO CREATE HOPE AND OPPORTUNITY FOR INVESTORS, CONSUMERS, AND ENTREPRENEURS-DAY 2 ======================================================================= HEARING BEFORE THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION __________ APRIL 28, 2017 __________ Printed for the use of the Committee on Financial Services Serial No. 115-19 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] U.S. GOVERNMENT PUBLISHING OFFICE 27-418 PDF WASHINGTON : 2018 ____________________________________________________________________ For sale by the Superintendent of Documents, U.S. Government Publishing 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 20402-001 HOUSE COMMITTEE ON FINANCIAL SERVICES JEB HENSARLING, Texas, Chairman PATRICK T. McHENRY, North Carolina, MAXINE WATERS, California, Ranking Vice Chairman Member PETER T. KING, New York CAROLYN B. MALONEY, New York EDWARD R. ROYCE, California NYDIA M. VELAZQUEZ, New York FRANK D. LUCAS, Oklahoma BRAD SHERMAN, California STEVAN PEARCE, New Mexico GREGORY W. MEEKS, New York BILL POSEY, Florida MICHAEL E. CAPUANO, Massachusetts BLAINE LUETKEMEYER, Missouri WM. LACY CLAY, Missouri BILL HUIZENGA, Michigan STEPHEN F. LYNCH, Massachusetts SEAN P. DUFFY, Wisconsin DAVID SCOTT, Georgia STEVE STIVERS, Ohio AL GREEN, Texas RANDY HULTGREN, Illinois EMANUEL CLEAVER, Missouri DENNIS A. ROSS, Florida GWEN MOORE, Wisconsin ROBERT PITTENGER, North Carolina KEITH ELLISON, Minnesota ANN WAGNER, Missouri ED PERLMUTTER, Colorado ANDY BARR, Kentucky JAMES A. HIMES, Connecticut KEITH J. ROTHFUS, Pennsylvania BILL FOSTER, Illinois LUKE MESSER, Indiana DANIEL T. KILDEE, Michigan SCOTT TIPTON, Colorado JOHN K. DELANEY, Maryland ROGER WILLIAMS, Texas KYRSTEN SINEMA, Arizona BRUCE POLIQUIN, Maine JOYCE BEATTY, Ohio MIA LOVE, Utah DENNY HECK, Washington FRENCH HILL, Arkansas JUAN VARGAS, California TOM EMMER, Minnesota JOSH GOTTHEIMER, New Jersey LEE M. ZELDIN, New York VICENTE GONZALEZ, Texas DAVID A. TROTT, Michigan CHARLIE CRIST, Florida BARRY LOUDERMILK, Georgia RUBEN KIHUEN, Nevada ALEXANDER X. MOONEY, West Virginia THOMAS MacARTHUR, New Jersey WARREN DAVIDSON, Ohio TED BUDD, North Carolina DAVID KUSTOFF, Tennessee CLAUDIA TENNEY, New York TREY HOLLINGSWORTH, Indiana Kirsten Sutton Mork, Staff Director C O N T E N T S ---------- Page Hearing held on: April 28, 2017............................................... 1 Appendix: April 28, 2017............................................... 51 WITNESSES Friday, April 28, 2017 Bertsch, Ken, Executive Director, Council of Institutional Investors...................................................... 17 Chopra, Rohit, Senior Fellow, Consumer Federation of America..... 19 Coffee, John C., Jr., Adolf A. Berle Professor of Law, Columbia University Law SchooL.......................................... 8 Edelman, Sarah, Director, Housing Policy, Center for American Progress....................................................... 20 Gable, Reverend Willie, Jr., Pastor, Progressive Baptist Church, New Orleans, LA; and Chair, Housing and Economic Development Commission, National Baptist Convention USA, Inc............... 6 Jackson, Amanda, Organizing and Outreach Manager, Americans for Financial Reform............................................... 15 Klemmer, Corey, Corporate Research Analyst, Office of Investment, AFL-CIO........................................................ 5 Liner, Emily, Senior Policy Advisor, Third Way................... 13 Lubin, Melanie Senter, Maryland Securities Commissioner, on behalf of the North American Securities Administrators Association, Inc............................................... 11 Randhava, Rob, Senior Counsel, Leadership Conference on Civil and Human Rights................................................... 10 Warren, Hon. Elizabeth, a United States Senator from the State of Massachusetts.................................................. 3 APPENDIX Prepared statements: Bertsch, Ken................................................. 52 Coffee, John C., Jr.......................................... 73 Gable, Reverend Willie, Jr................................... 81 Jackson, Amanda.............................................. 89 Liner, Emily................................................. 91 Lubin, Melanie Senter........................................ 93 Randhava, Rob................................................ 115 Additional Material Submitted for the Record Maloney, Hon. Carolyn: ``Irish-Americans Outraged by Congressional Proposal to Kill Shareholders' Resolutions,'' dated April 18, 2017, Irish National Caucus, Inc....................................... 117 Statement of New York City Comptroller Scott M. Stringer on the April 19th Discussion Draft of the Financial CHOICE Act of 2017, dated April 25, 2017.............................. 120 Waters, Hon. Maxine: Written statement of the National Whistleblower Center....... 123 A LEGISLATIVE PROPOSAL TO CREATE HOPE AND OPPORTUNITY FOR INVESTORS, CONSUMERS, AND ENTREPRENEURS--DAY 2 ---------- Friday, April 28, 2017 U.S. House of Representatives, Committee on Financial Services, Washington, D.C. The committee met, pursuant to notice, at 9:20 a.m., in room 2128, Rayburn House Office Building, Hon. Trey Hollingsworth presiding. Members present: Representatives Messer, Williams, Hill, Tenney, Hollingsworth; Waters, Maloney, Velazquez, Sherman, Meeks, Capuano, Green, Cleaver, Moore, Ellison, Perlmutter, Himes, Foster, Kildee, Delaney, Sinema, Beatty, Heck, Vargas, Gottheimer, Gonzalez, Crist, and Kihuen. Mr. Hollingsworth [presiding]. Good morning. The Committee on Financial Services will come to order. Without objection, the Chair is authorized to declare a recess of the committee at any time. This is a continuation of the hearing entitled, ``A Legislative Proposal to Create Hope and Opportunity for Investors, Consumers, and Entrepreneurs.'' The Chair now recognizes the ranking member of the committee, the gentlelady from California, Ms. Waters, for 4 minutes for an opening statement. Ms. Waters. Thank you, Mr. Chairman. And thank you to the witnesses for joining us today, especially Senator Elizabeth Warren, who created the idea of the Consumer Financial Protection Bureau (CFPB) and gave the force behind it to make it a reality. And later, she helped to organize the CFPB. We were all supportive of her becoming the Director, but thank God she is now the Senator from Massachusetts. Earlier this week the Majority held a hearing during which their witnesses shared so many alternative facts, that I was sure they must be living in an alternative reality. Today, Democrats are going to set the record straight. We have asked for this second hearing to hear from experts and well-informed witnesses who know, understand, and appreciate the importance of the Dodd-Frank Wall Street Reform and Consumer Protection Act and who can point out the dangers of the ``wrong choice act.'' The chairman's wrong choice act destroys Wall Street reform, guts the Consumer Financial Protection Bureau, and returns us to the financial system that allowed risky and predatory Wall Street practices and products to crash our economy. We all remember the dark days of the financial crisis and the Great Recession, the 11 million Americans who lost their homes to foreclosure, the $13 trillion in household wealth that went up in thin air, the 10 percent unemployment rate, and the many retirements deferred. This bill would erase all of the progress we have made since then and put us on the road back to economic ruin. It is not just a bad bill, it is an expansively bad bill with repercussions for our whole country. Astonishingly, the chairman had only planned a single hearing on the wrong choice act. Democrats held 41 hearings in this committee to consider the House version of Dodd-Frank before its passage. It was a transparent, open process that carefully considered a variety of perspectives to ensure a sensible, well-considered set of reforms. The Republican approach stands in stark contrast. The fact that the Majority planned to hold just one hearing before rushing a nearly 600-page bill to markup sure makes it look as if they were trying to hide something. It must be that they realized that the optics of this Wall Street giveaway bill were pretty bad and hoped the American people were not paying attention. I am going to yield the balance of my time to Mr. Kildee. Mr. Kildee. Thank you to the ranking member for yielding and for arranging for this really important hearing. And I welcome our witnesses, all of them, particularly Senator Warren. I appreciate all the great work that you have done on this particular subject. This act, the Financial CHOICE Act, kills so many of the important Wall Street reforms that this Congress enacted as a result of the crisis and, in fact, takes us back to a time when policies allowed and, in fact, policy encouraged banking practices that wrecked the economy and caused millions of Americans to lose their homes. That was the focus of my work before I came to Congress, so I have seen this firsthand. Policy is what caused that crisis. It created an environment that allowed institutions to take advantage of families, take advantage of individuals, and cause them to lose everything they have worked for. And what I saw in the work that I did in my hometown of Flint, Michigan, and all around the country was the consequence of that policy. A single abandoned home as a result of a foreclosure is like a contagious disease. It infects an entire community, it reduces the value of every home, and it wrecks whole neighborhoods. What this Financial CHOICE Act does would be to reinstate the very policies that precipitated that crisis and all that pain, and we need to fight it in every way that we can. And I thank you for your willingness to join in that battle. With that, I yield back. Mr. Hollingsworth. The gentlelady's time has expired, and the gentleman yields back. Today, for our first panel, the committee will receive the testimony of Senator Elizabeth Warren. Senator Warren is a United States Senator representing the Commonwealth of Massachusetts. Before being elected to Congress, Senator Warren was the Leo Gottlieb Professor of Law at Harvard Law School. She is a graduate of the University of Houston and the Rutgers School of Law. Senator, you will be recognized for 5 minutes to give an oral presentation of your testimony. Senator Warren, you are now recognized. STATEMENT OF THE HONORABLE ELIZABETH WARREN, A UNITED STATES SENATOR FROM THE STATE OF MASSACHUSETTS Senator Warren. Thank you, Mr. Chairman. And thank you, Ranking Member Waters, for holding this hearing and for giving me a chance to speak about the CHOICE Act. Let me be blunt. This is a 589-page insult to working families. It would immediately increase the cost of mortgages, student loans, and small businesses. This bill would let big banks and payday lenders and financial advisers go back to cheating people, with no accountability, and it would unleash the same behavior on Wall Street that led to the 2008 financial crisis. When I read this bill, I think why, why, just 8 years after the worst financial crisis in more than 70 years, are Republicans lining up to roll back the rules on Wall Street and make it easier for financial firms to cheat people? Why, just 6 months after the American people elected a Republican President, who claimed he would take on Wall Street and drain the swamp, are Republicans in Congress moving in literally the opposite direction? What exactly is the problem that they think they are trying to solve? So here are the arguments I usually hear. Our new rules have made it too hard for banks to lend money. Really? Check the facts. Access to consumer credit and small business lending is at historically high levels, and loan growth at community banks is up even more than at big banks. Here is another one: We have made compliance so difficult that banks just can't operate. Nope. That one's not true either. Banks of all sizes posted record profits last quarter, with profits at community banks up even more than at the big banks. And here is the last argument I hear. We are making it hard for our bigger banks to compete internationally. Wrong again. Our big banks are blowing away their foreign competitors. This bill doesn't solve a single real problem with the economy or with our financial system, but it does make some big time lobbyists happy. I have heard the Democrats on this committee calling this bill the wrong choice act, and, boy, is that true. It is the wrong choice. Wrong choice? No. It is an immoral choice. It is about throwing working families under the bus so that Congress can do the bidding of Wall Street. Shortly after the financial crisis hit, I remember going to Clark County, Nevada, for a hearing to listen to just a few of the millions of people whose lives were being torn apart by the crisis. A man named Mr. Estrada showed up to tell his story. He and his wife both worked hard, and they had stretched their budget to buy a house that was right across the street from a really good school for his two little girls, but the Estradas had a mortgage with an ugly surprise buried in the fine print. When the payments jumped, they fell behind, and Mr. Estrada and his wife talked to the bank over and over, and they thought they had arranged a modification; then, poof, the house was sold at auction, and the bank gave his family 14 days to move out, to move those two little girls out of their home. Mr. Estrada told us that after they got the notice, his 6- year-old came home with a sheet of paper with all her friends' names on it, and she told him that this was her list of the people who were going to miss her, because her family was going to have to move. He said he told his daughter, ``I don't care if we have to live in a van. You are going to be able to go to the school.'' And as he told this story, Mr. Estrada, a big man, stood there in front of a room full of strangers and tried not to cry. Now, that is a story that was shared by Americans all across the country, people in each of the districts that you represent. We built the Consumer Financial Protection Bureau and the rest of Dodd-Frank so that Mr. Estrada and other families like his wouldn't get cheated and wouldn't face that kind of pain again. You know, some banks like to say, ``We didn't cause the crash,'' but let's be clear, Mr. Estrada didn't cause the crash either, but, boy, did he pay a price for it. We have an obligation, a moral obligation to make sure that kind of crisis never happens again in this country; that is why voters sent us to Washington, to work for them, not for a bunch of high-priced Wall Street lobbyists. I hope you will think hard about Mr. Estrada and about the millions of people like him when you consider this legislation. Thank you again for inviting me here to testify today. Mr. Hollingsworth. Senator Warren, thank you for your testimony. Pursuant to customary practice for Members of Congress, you are excused, and the second witness panel will be seated. Senator Warren. Thank you. [recess] Mr. Hollingsworth. The committee will come to order. We now turn to our second panel of witnesses, whom, in the interests of time, I will introduce briefly. Corey Klemmer, corporate research analyst, Office of Investment, AFL-CIO; Reverend Willie Gable, Pastor, National Baptist Convention, USA; John Coffee, Adolf A. Berle Professor of Law, Columbia University; Rob Randhava, senior counsel, Leadership Conference on Civil and Human Rights; Melanie Lubin, Maryland Securities Commissioner, on behalf of the North American Securities Administrators Association. Emily Liner, Senior Policy Advisor, Economic Program, Third Way; Amanda Jackson, outreach coordinator, Americans for Financial Reform; Ken Bertsch, executive director, Council of Institutional Investors; Sarah Edelman, director, housing policy, Center for American Progress; and Rohit Chopra, senior fellow, Consumer Federation of America. Each of you will be recognized for 5 minutes to give an oral presentation of your testimony. And without objection, any written statement that you may have will be made a part of the record. Ms. Klemmer, you are now recognized. STATEMENT OF COREY KLEMMER, CORPORATE RESEARCH ANALYST, OFFICE OF INVESTMENT, AFL-CIO Ms. Klemmer. Good morning. As you said, my name is Corey Klemmer. I am here on behalf of the AFL-CIO and our over 12\1/ 2\ million members. I thank you for the opportunity to address the committee, but I wish it were under different circumstances. This bill is nothing short of a complete attack on American workers. U.S. workers are the U.S. economy. We provide the labor that drives productivity, we are the consumers who provide demand, and as retirement savers, we are significant investors. The economy has not been great to us. Real wages have been stagnant for decades, while prices continue to rise. After wildly speculative and unregulated financial activity brought us the collapse of 2008, working Americans paid the price, losing millions of jobs, millions of homes, and trillions in retirement assets. Today, workers continue to recover slowly, while the country has made modest but vital progress in implementing commonsense reforms. The financial actors who got rich driving the economy to collapse have gotten tired of playing by the rules and would like to return to the casino of, ``heads, I win; tails, you lose,'' and this act aims to deliver just that. The level of Orwellian double speak is remarkable in this bill. The title stands for creating hope and opportunity for investors, consumers, and entrepreneurs, while the act simultaneously seeks to eviscerate the rights and protections and economic stability on which each of those groups depend. First, investors need information and faith in the markets. U.S. capital markets are attractive because they have both: a reliable system of disclosure, however limited; and a robust and mature legal framework that has been in place in some cases for nearly a century. Yet, this act undoes some of the most fundamental components of those structures. It also essentially undoes the fiduciary rule, which requires financial actors to act in the interests of their clients, and would save retirement savers an estimated $17 billion a year. It also, incredibly, removes the reporting requirements for private equity, which in the short time that they have been required have uncovered incredible and significant fraud and improper fees. All of this represents less accountability and less transparency in our markets. Second, the act would expose consumers to risky and complicated financial products without warning, blame consumers who are preyed upon by financial actors exploiting informational and power asymmetries, and stop the government from overseeing or regulating these transactions. I will leave it to the other panelists to get into the details, but suffice it to say, for all the talk of accountability, the act explicitly seeks to undermine the tangible successes in transparency and accountability brought about since 2008. Finally, the act attacks working Americans and entrepreneurs, for that matter, by threatening financial stability and effectively preventing government from exercising essential control or oversight of the industry that took our economy to the brink of complete failure. It enables Wall Street to do precisely the things that brought about the crisis: speculating with federally-insured deposits; rewarding risk-taking executives with lavish bonuses; facilitating the unregulated flow of products that caused contagion; and further enabling the consolidation of too-big-to-fail institutions, just to name a few things. It also decimates the role of financial regulatory bodies, introducing the dysfunction of Congress and the politics of the appropriation process into independent and executive agencies. For example, under the act, the Federal Reserve would lose one of its most important tools in fulfilling its duel mandate to promote full employment and stable prices: setting interest rates. By tying interest rates to a version of the Taylor Rule, the act would have rates set mechanically, limiting the ability of the Fed to respond dynamically to changing circumstances. According to estimates from the Minneapolis Fed, had this rule been in place during the crisis, it would have resulted in the loss of an additional 2.5 million jobs. If 2008 should have taught us anything, it is that a blind fidelity to an elegant theory or formula to the exclusion of evidence and common sense is not good for markets and it is not good for people. Financial markets are not linear or static, and they do not conform to formulas no matter how sophisticated or clever. Markets are complex and dynamic ecosystems that require high-level analysis and thoughtful governance. The total abdication of control to the markets, as advocated for in this bill, is its own decision. It is a failure of governance and it is a failure to all Americans. Thank you, and I will be happy to answer any questions later. Mr. Hollingsworth. Reverend Gable, you are now recognized. STATEMENT OF REVEREND WILLIE GABLE, JR., PASTOR, PROGRESSIVE BAPTIST CHURCH, NEW ORLEANS, LA; AND CHAIR, HOUSING AND ECONOMIC DEVELOPMENT COMMISSION, NATIONAL BAPTIST CONVENTION USA, INC. Rev. Gable. Thank you, Mr. Chairman, and Ranking Member Waters. Thank you for inviting me and the other panelists here. I am Reverend Willie Gable, Junior, and I serve as Pastor of the Progressive Baptist Church in New Orleans, Louisiana. My congregation is a member of the National Baptist Convention, USA, Inc., the Nation's largest predominantly African American religious denomination. I am also the Chair of the Housing and Economic Development Commission of the National Baptist Convention. This commission's mission is to provide affordable housing for low- and moderate-income persons, particularly senior citizens and the disabled, allowing them to live in a place they can call home. Over 20 years, the commission has developed over 1,000 homes in 30 housing sites in 14 States. I also serve as the co- Chair of the Faith and Credit Roundtable, and I am a member of the Faith for Just Lending Coalition. I am here today before you to discuss the utter devastation that predatory financial practices have wrought on my community and on communities across this Nation, and also to talk about the safer market we have now that newly implemented and reasonable CFPB rules are coming into place. I also want to talk about the desperate need for further regulatory actions to weed out the abhorrent financial abuses in other product areas that continue to this day. The CHOICE Act, unfortunately, would take us back, when we desperately need to continue to move forward. The CHOICE Act contains many dangerous provisions, I believe, that would take us back to the unchecked practices that caused the Great Recession of 2008, but today, I will specifically address a provision in the bill that would bar the Consumer Financial Protection Bureau (CFPB) from regulating payday lenders and car title lenders. These triple digit, unaffordable payday, car title, and high-cost installment loans dig borrowers into a deeper hole of debt than they were when they began. As these types of loans are specifically aimed at low-income communities and communities of color, it is imperative, I believe, that we support the CFPB's efforts to put an end to this predatory practice on poverty. To be true about it, it is no more than legalized loan sharking and it is a way of pimping the poor for a profit. In my home State of Louisiana, payday lending makes loans to 57,000 Louisianans each year. In my community, we often encounter elderly individuals who have taken out payday loans. The younger family members often don't learn about it until they are caught up in the deep trap. And it is not surprising, because payday loans are considered shameful, or kept in secret, and many individuals feel shame about it. Also in my State, and certainly in others, there are more than 4 times as many payday loan storefronts as McDonalds, and for some strange reason, they concentrate themselves in African American communities. Now, I do not believe that this is an indication that people need or desire payday loans in our communities. The most common reason people need a payday loan is because of a specific crisis that occurs. It is not to buy flat screen TVs, but because an emergency comes up. But what these loans do is pull them into a cycle, by design, to so-called demand that generates and feeds itself. It is an intentional exploitation of the desperate. Just in our congregation, I had a member who came to me and told me that her mother, who was in the precursor areas of Alzheimer's, had four payday loans. She is in the early stages of Alzheimer's, and yet they preyed on her, and we have to work with that daughter to get her mother out of those loans. She is just one example, and yet we have benevolence funds, but we are underwriting payday lenders, because members of our congregation are too ashamed to let us know that they have a payday loan, they bring us a copy of their utility bill. And so we are not saying that we don't want to help, but we are not certainly going to undergird them. In 2015, a diverse group of faith organizations formally came together to establish Faith for Just Lending, a national coalition that shares the belief that scripture speaks to the problem of predatory lending. Our coalition condemns usury and exploitation of the financially vulnerable. Fortunately, the Consumer Protection Bureau also works to prevent these deceptive traps of banks, payday lending, credit cards, and debt collection, and many other financial product services. We support the work that they are doing. And I look forward to answering any other questions that you may have. [The prepared statement of Reverend Gable can be found on page 81 of the appendix.] Mr. Hollingsworth. Professor Coffee, you are now recognized. STATEMENT OF JOHN C. COFFEE, JR., ADOLF A. BERLE PROFESSOR OF LAW, COLUMBIA UNIVERSITY LAW SCHOOL Mr. Coffee. Thank you, Mr. Chairman, Ranking Member Waters, and members of the committee. Time is short, and everybody wants to talk, so I am going to use a style that all law professors know as the ``bikini'' style of law teaching. Under the bikini style, you cover the critical points, but only just barely. And with that preface, let me tell you that the CHOICE Act unnecessarily and recklessly exposes the American economy and the American people to a serious risk of a major financial crisis that could be as severe or greater than the 2008 crisis. It does so in at least seven distinct ways, in each case unraveling an elaborate provision that was adopted by Dodd- Frank or used during the 2008 crisis. I am going to go through those very briefly and then make one comment about the overall impact of this legislation on SEC enforcement. This will devastate SEC enforcement, in my judgment, reducing by a third or more the cases that the SEC can bring in any period. Let's go through these seven ways very quickly. The first thing that the CHOICE Act does is eliminate the orderly liquidation authority, which was the new innovation of Dodd-Frank. I admit that procedure can be simplified and streamlined, but eliminating it is reckless. In its place is substituted a bankruptcy provision that is basically skeletal. This has three serious consequences. First, it takes the regulator out of the process in determining whether or not a failing bank should be terminated. The regulator has stress tests, living wills, all kinds of information, but it can't use it, because it can't make the decision to terminate. It is up to the bank to file bankruptcy. That is dangerous, and it will delay the moment at which a failing institution is shut down, because the bank will wait until the last possible moment. The next thing that this substitution does is eliminate any source of liquidity for a bank that may be facing a liquidity crisis. Most banks don't fail because of insolvency in the classic sense; they fail because of a liquidity crisis. Orderly liquidation authority could solve that liquidity crisis by turning to the Federal Deposit Insurance Company's basic stabilization funds. That is eliminated. And if you take liquidity out of the process, the failure will be worse, longer, and a total shutdown is likely. Next point. The CHOICE Act turns to a new idea, it is off- ramp. This could be a good idea if it were applied to very small banks, but it doesn't just apply to small banks, it applies it to all banks, big or small, and it gives them a way to escape everything in Dodd-Frank if you can just satisfy one single metric. That metric is a leverage ratio, which is basically ambitious, but if you tell banks that they can escape all regulation just by satisfying that leverage test, you are going to set off the largest game of regulatory arbitrage that U.S. financial history has witnessed. You are telling banks that they can escape everything if they can just meet this 10 percent leverage test. And that leverage test is simple leverage. Basel III and the rest of the world uses a risk- weighted leverage test. This is not using a risk-weighted leverage test. The real impact of this provision is that it will encourage banks to shift to riskier assets. If the only standard is a leverage test, you simply meet that test and then move your assets from Treasury Securities to the junior tranche of some exotic securitization. Other points. The next major failure is the elimination of the Volcker Rule. You have basically heard of the Volcker Rule, but the idea is that banks are too big-to-fail. We have to regulate their risk taking so they don't fail. The Volcker Rule was a reasonable way of doing that, by getting banks out of the business of proprietary trading. The next thing this statute does is eliminate Treasury's exchange stabilization fund. That sounds very exotic, but the most dangerous moment in 2008 was the moment at which all of the holders of America's money market funds, retail investors, and millions of them, suddenly were getting nervous, suddenly were panicking, and were going to redeem their money market funds. That was staved off when the Treasury turned to the exchange stabilization fund and guaranteed those money market funds. That is not the ideal solution. That is the solution of last resort, but don't throw that last resort out. It saved us in 2008, and not that much has changed in the regulation of the money market funds. Next big problem: The CHOICE Act will greatly exacerbate the possibility, greatly increase the likelihood of a clearing house failure. Dodd-Frank established clearing houses for over- the-counter securities, and they concentrate risk. Once you concentrate risk, you have to regulate these things. Instead, we are eliminating the financial municipal utility provisions. The other two provisions, I will leave alone. They are basically the risk retention rules, which limited securitizations. Now it will apply only to residential mortgages and nothing else, and anything that is securitized can be securitized through a originate-to-distribute model, which encourages recklessness and lets you package toxic securities. My time is running out, so I will just say I have covered all of those provisions. The last one I left out was that we will no longer allow the Financial Stability Oversight Council (FSOC) to ever classify a nonbank as systemically important. I can't see the future, but I do think there is a real chance that sometime in the future, there will be such an institution that needs to be classified as systemically important, just as AIG came out of the blue and suddenly revolutionized our financial system and precipitated a crisis. We can't see the future; we should leave that authority in the FSOC. In my final seconds--I guess my time is now up, so I will end. [The prepared statement of Mr. Coffee can be found on page 73 of the appendix.] Mr. Hollingsworth. The Chair now recognizes Mr. Randhava. STATEMENT OF ROB RANDHAVA, SENIOR COUNSEL, LEADERSHIP CONFERENCE ON CIVIL AND HUMAN RIGHTS Mr. Randhava. Thank you, Mr. Chairman, and Ranking Member Waters. I am Rob Randhava, the senior counsel at the Leadership Conference on Civil and Human Rights. We are a coalition of more than 200 national advocacy organizations, founded in 1950 at the outset of the civil rights movement. And I am also on the steering committee of Americans for Financial Reform and a founding member of the Asset Building Policy Network. I have to admit that we were torn about being here today. For us, this bill is a nonstarter, and we are concerned about giving it an air of legitimacy that we don't believe it deserves. We have looked mostly at the parts affecting the CFPB and its policies. There are other witnesses here today, and others who have written in, who could do a much better job than, frankly, I can of getting into the weeds of those parts, as well as the rest of the bill, so I won't try to do that here, but I will say what we think in general about the CFPB and its policies. We are an organization that for years, before the financial crisis, begged Congress and Federal regulators to put a stop to the deceptive, anything-goes kind of lending that was running rampant in communities of color and everywhere else. Some Members, like former Congressmen Barney Frank and Brad Miller, heard our concerns and tried to push for better regulations, but to a great extent, we were ignored. And I can't tell you how many times I heard the phrase, ``access to credit,'' being used to justify things like 228 or pick a payment mortgages. So we joined with consumer groups like the Center for Responsible Lending (CRL) when it predicted 2 years before the crisis that there would be a wave of millions of foreclosures, only to hear CRL accused of betting against housing. So when the crisis did hit, and when some on this committee had the audacity to blame it all on people and groups who had been trying to prevent it, or on the Community Investment Act, you can bet that we were very involved in the effort to try to create a better system with Dodd-Frank. And ever since the CFPB opened its doors, it has worked tirelessly to advance the financial health of the communities we represent, not just carrying out the once radical concept of ability to repay, but trying to address racial discrimination in auto lending markups, sneaky credit card add-ons, and a whole lot of other deceptive and abusive practices. The CFPB and Director Cordray have done their best to apply the law to bad actors, give clear guardrails to the good ones, and put billions of dollars back in the pockets of consumers who have been ripped off. And at the same time, they have worked to promote consumer education and the growth of more inclusive financial technology. I am stunned that anyone can be troubled by a record like that, and even more stunned by the intensity of the emotions around this. When we hear the CFPB described as a dictatorship or as a tyranny by some members of this committee, it is that kind of rhetoric--I will just say this: Given our involvement in Dodd-Frank, I am happy to say that various parts of the industry have engaged the Leadership Conference on consumer finance issues. We in large banks want to get more people into mainstream banking. We have sided with trade organizations to support flexibility in downpayment requirements. We have teamed up with community banks and lenders on issues surrounding Fannie Mae and Freddie Mac. And we worked with our late friend Bill Bartmann of CFS2 on better debt collection rules. And we have engaged small dollar lenders that have said they can work with the rules being proposed by the CFPB. And, of course, we have disagreed on things too, but we have been glad to engage the industry, and we would like to do that even more in the future. The CFPB, of course, does the same, all the time. We want the system to work for providers and consumers. And if policies need to be fine-tuned for that to happen, we are all ears, but nobody has engaged us in two- way conversations about a dictatorship or a tyranny at the CFPB. So when we hear the need for legislation described in those terms, I honestly don't know how to engage the legislation in a serious way. The Leadership Conference was proud of Ranking Member Waters last fall when she described the last year's version of this bill as a charade and declined to drag it out in the markup. However members handle next week's markup, I would suggest that the real fight over this bill should be in the court of public opinion. Rest assured, the public is not clamoring for this bill. In fact, multiple polls have shown strong bipartisan support for the CFPB's work. And over and over again, the bad apples in the industry keep on writing the talking points for us. One of the best examples of this was seen in last November's vote on a South Dakota ballot initiative regarding payday lending, to outlaw payday lending. That vote, which was down the ballot, mind you, had almost as much participation as the vote for President, and a whopping 75 percent called for putting an end to the kinds of debt traps that the Financial CHOICE Act would enable. In other States that voted on payday lending, the results have been the same, and voters haven't been clamoring to go back. So if the supporters of the Financial CHOICE Act want to pick this fight, the Leadership Conference won't hesitate to join in, to continue educating the public and give this bill the pushback it deserves. Thank you. [The prepared statement of Mr. Randhava can be found on page 115 of the appendix.] Mr. Hollingsworth. Votes have been called on the House Floor. The Chair will recognize Commissioner Lubin for her testimony, after which we will recess for votes and then return. Commissioner Lubin, you are now recognized. STATEMENT OF MELANIE SENTER LUBIN, MARYLAND SECURITIES COMMISSIONER, ON BEHALF OF THE NORTH AMERICAN SECURITIES ADMINISTRATORS ASSOCIATION, INC. Ms. Lubin. Thank you, Mr. Chairman. Good morning, Mr. Chairman, Ranking Member Waters, and members of the committee. My name is Melanie Lubin. For the past 30 years, I have worked in the Securities Division of the Maryland Attorney General's Office, serving as an Assistant Attorney General, and since 1998, as Maryland's Securities Commissioner. I also represent Maryland within the North American Securities Administrators Association, or NASAA, and currently serve as a member of its board of directors and Federal Legislation Committee. Since 2015, I have also served as NASAA's nonvoting member on the FSOC. NASAA was organized in 1919 and its U.S. membership consists of the securities regulators in the 50 States, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. I am honored to testify before the committee today about NASAA's views on a legislative proposal introduced Wednesday entitled the Financial CHOICE Act of 2017. Congress enacted the Dodd-Frank Act in July 2010 in response to the 2008 financial crisis. The purpose of the Dodd-Frank Act was to strengthen our financial system and better protect the millions of hardworking Americans who rely on their investments for a secure retirement. State securities regulators are deeply concerned that if enacted in its current form, the Financial CHOICE Act would detrimentally change regulatory policies and expose investors in securities markets to significant unnecessary risks. NASAA's full written statement submitted for this hearing addresses 23 provisions in the Financial CHOICE Act. I am happy to discuss any of these provisions. However, I will use the balance of my oral testimony to highlight several elements of the legislation that NASAA considers particularly problematic. First, Section 391 of the bill includes a provision that attempts to mandate coordination among financial regulators, including the States. While the provisions may appear relatively benign on its face, State regulators are deeply concerned that if enacted, it will impose Washington's red tape and priorities on the States. Today, coordination between State and Federal regulators is a voluntary process. This process ensures that the jurisdictional reach of the regulators remains unhindered and that harmful conduct is addressed in an efficient manner, without the need to work through Federal bureaucrat obstacles. Because State securities regulators prioritize protection of retail investors, forcing States to take a back seat during investigations that involve more than one agency would put these mom- and-pop investors more directly in harm's way. We urge Congress to remove the reference to State securities authorities from Section 391. NASAA's second area of concern involves Section 827 of the bill, a baffling attempt to impose additional procedural hurdles, which would in turn hinder keeping bad actors out of the securities industry. The Dodd-Frank Act took an important step toward reducing risks for investors in private offerings by requiring the SEC to prohibit bad actors from using the Reg D, Rule 506 exemption. Enacting any legislation that would needlessly expose unknowing investors to bad actors would be a grave mistake. NASAA's next area of concern is Subtitle P, which would enact a wholesale revision of the JOBS Act's crowdfunding provisions less than a year after they took effect. If Congress is poised to enact policies intended to strengthen the economy, this provision will have precisely the opposite effect. Among other things, this provision would eliminate individual and advocate investment caps, allow an issuer to conduct Federal crowdfunding without a registered intermediary, remove many required disclosures to investors and ongoing reporting to the SEC, and repeal liability provisions that were carefully crafted to apply to the unique characteristics of a crowdfunded offering. NASAA is also very concerned about provision in Subtitles L and M. Subtitle L creates a new class of security, a venture security, that would be listed and traded on a new venture exchange. These securities would be exempt from a significant number of regulatory requirements, including State registration, and presumably would be subject to significantly diminished listing standards. Subtitle M would allow the SEC to recognize any exchange of any size or quality as a national securities exchange. All securities listed on these exchanges would be preempted from State registration laws. The benchmark for preemption established by Congress in existing law requires that an exchange have rigorous listing standards, substantially similar to those of the major national stock exchanges, like the New York Stock Exchange. Allowing an exchange to qualify as a national securities exchange regardless of the quality of the exchange or the quality of its listed securities removes vital investor protections. The final concern I will discuss is NASAA's opposition to Section 841. NASAA has long supported a heightened standard of care for broker-dealers. Clients expect broker-dealers to act in the client's best interest. This provision would, among other things, invalidate the rule recently adopted by the Department of Labor. It would also effectively prevent the Department of Labor from undertaking any future rulemaking regarding the conduct of broker-dealers in the management of retirement accounts until the SEC completes rulemaking. The provision would also impose on the SEC unduly onerous requirements for regulatory, analytical, and economic analysis prior to adopting a rule. Ultimately, Section 841 would delay and perhaps prevent any effort to establish a meaningful heightened standard of care for broker-dealers. Thank you again for the opportunity to testify before the committee. I would be pleased to answer any questions you may have. [The prepared statement of Commissioner Lubin can be found on page 93 of the appendix.] Mr. Hollingsworth. Votes have been called. The committee will reconvene immediately after Floor votes have concluded. Members are advised that this is a two-vote series. The committee stands in recess. [recess] Mr. Hollingsworth. The committee will come to order. Ms. Liner is now recognized for 5 minutes. STATEMENT OF EMILY LINER, SENIOR POLICY ADVISOR, THIRD WAY Ms. Liner. Good morning, Mr. Chairman, Ranking Member Waters, and members of the committee. Thank you for the opportunity to testify at today's hearing. My name is Emily Liner, and I am a senior policy adviser in the economic program at Third Way, a centrist think tank in Washington, D.C. There are many reasons to support the Dodd-Frank financial reform law. The perspective I am going to take is on Dodd- Frank's positive effect on economic growth. My view and the view of Third Way from studying this law and speaking with dozens of experts in the realm of business and finance is that Dodd-Frank is pro-growth, pro-market, and pro-investor. That is why we at Third Way are concerned that the Financial CHOICE Act would undo the progress that Dodd- Frank has made in making the financial system safer while still preserving its ability to innovate and allocate capital. Let me take you through why we feel this way. Let's start with risk-weighted capital. Risk-weighted capital is one of the airbags that protects our banking system from melting down. It requires banks to maintain a sufficient level of equity based on the riskiness of its assets. Because of Dodd-Frank, risk-weighted capital in the United States banking sector has increased 41 percent since the end of 2009. That means banks are significantly safer. And thanks to the banking watchdogs at the Federal Reserve, the eight biggest U.S. banks are required to have risk-weighted capital above and beyond the industry standard. That keeps banks safe and sound, which is good for growth, for markets, and for investors. The CHOICE Act, however, repeals risk-weighted capital as well as the liquidity coverage ratio. This will make banks less safe and will at some point cost our economy, undermine growth, and hurt investors. What makes Dodd-Frank a pro-market law is its focus on risk that could be spread through interconnected financial institutions. Stress tests, for example, are an annual exam of the Nation's largest and most important financial institutions to determine if they could survive a bad recession. It is not an easy test, nor should it be. Eventually there will be another economic downturn, and we need to be certain that our largest financial institutions can weather the storm so that we can return to growth, return to strong markets, and prevent massive investor losses far more quickly. If we had had stress tests before the financial crisis, we could have been prepared to take action before the chain reaction of bank failures unfolded in 2008. The CHOICE Act weakens the stress-test exercise by making the penalty on paying out dividends optional for banks that meet its low standard for exemption from the rules. Make no mistake, this will come back to hurt our economy. Finally, Dodd-Frank is a pro-investor law. The Volcker Rule ensures that American families who participate in the markets as retail investors are protected from harm. Investment bankers can still take risks, but the Volcker Rule prevents that risk from spilling over and hurting innocent people. During the financial crisis, $2.8 trillion in retirement savings alone evaporated. We owe it to the hardworking Americans who lost the money they spent years scrimping and saving to never let this happen again. But the CHOICE Act repeals the Volcker Rule as well as other reforms that keep the financial system healthy. The few safety and soundness standards the CHOICE Act does include, like the 10-percent leverage ratio, are simply not enough to protect the world's largest economy. Under the CHOICE Act's regime, the leverage ratio is the only thing standing between some regulation and no regulation. No one should be comfortable with just one number determining whether banks can opt out of the entire framework for financial safety regulation. Dodd-Frank is a balanced law that makes banks safer. When banks are safer, we reduce the probability that a crisis will happen. That gives the economy more room to run and grow. According to a cost-benefit analysis of capital and liquidity requirements we performed at Third Way, we find that Dodd-Frank contributes $351 billion to U.S. GDP over 10 years. There is a tangible economic benefit to making the financial sector more stable. When the economy is humming along, we rarely acknowledge that regulations create a safe environment that allows the economy to expand. But when the economy blows a fuse, it is Dodd-Frank, not the Financial CHOICE Act, that will make sure recessions are short and manageable. For reasons of economic growth, healthy markets, and investor protection, Third Way opposes this legislation to repeal our strongest financial reforms and replace them with such a weak alternative. Thank you, and I am happy to answer any questions you may have. [The prepared statement of Ms. Liner can be found on page 91 of the appendix.] Mr. Hollingsworth. Ms. Jackson, you are now recognized for 5 minutes. STATEMENT OF AMANDA JACKSON, ORGANIZING AND OUTREACH MANAGER, AMERICANS FOR FINANCIAL REFORM Ms. Jackson. Members of the committee, thank you for the opportunity to testify today. My name is Amanda Jackson, and I am the organizing and outreach manager for Americans for Financial Reform. Americans for Financial Reform is a nonpartisan, nonprofit coalition working to lay the foundation for a better financial system. The hardest part in talking about this bill is figuring out where to start because it is such a comprehensive disaster. This legislation would be better dubbed the, ``Wall Street CHOICE Act'' because it would have a devastating effect on the capacity of regulators to protect the public interest and defend consumers from Wall Street wrongdoing and the economy from risk created by too-big-to-fail financial institutions. Not only does this bill eliminate numerous major elements of the Dodd-Frank protections passed in the wake of the financial crisis of 2008, it would also weaken regulatory powers that long predate Dodd-Frank. If this bill passed, it would make the financial regulation system significantly weaker than it was even in the years leading up to the 2008 crisis. The basic story that CHOICE Act proponents are telling about why this legislation is needed is a lie. Financial regulation is not hurting workers, consumers, or the economy. There is no evidence that the economy is being harmed by financial regulation. In fact, lending is growing at a healthy rate. Over the past 3 years, real commercial bank loan growth has averaged almost 6 percent annually, which is higher than the historical average of 4 percent. It is worth noting that loans at community banks are growing even faster, with community bank loan growth exceeding that of larger banks over the last 2 years. This is not to say that everything is great for Americans. It is not. And, in fact, one of the reasons for that is the still-echoing effect of the 2008 financial crisis. The Center for Responsible Lending's 2015 ``State of Lending'' report showed two trends. First, families were already struggling to keep up before the financial crisis hit. The gap between stagnant family incomes and growing expenses was being met with rapidly increasing levels of debt. Second, the terms of the debt itself have acted as an economic weight and a trap, leaving families with less available income, pushing them further into debt traps, and causing a great deal of financial and psychological distress. Those impacted by the 2008 crisis--low- to middle-income individuals and families, and communities of color--are still rebounding. The impact of this crisis is closer to us than we realize. Just Wednesday, my Lyft driver shared with me that he had worked for, using his words, ``corporate America,'' and when the crisis hit, he lost his job. He took a couple of consulting contracts, a couple of part-time gigs, but, in his words, he has been in a free-fall since and things have been a mess. People live this and are still reeling with the aftermath. They think, quite sensibly, that big banks have too much power and influence, not too little. This legislation is crammed with deregulatory giveaways that would facilitate abuses by financial institutions, private equity and hedge funds who want to manipulate the rules to enrich their executives, mortgage lenders who want to undo the safeguards against the affordable loans that drove the financial crisis, payday/car title lenders pushing products that trap consumers in a cycle of ever-increasing debt, and far more. The ``Wall Street CHOICE Act'' would strip, as already mentioned, the powers of the Consumer Financial Protection Bureau to address abusive practices in consumer markets, returning us to the regulatory patchwork that failed before the crisis as well as the reason the consumer agency was created to solve. It would also eliminate critical elements of regulatory reform passed since the crisis, including restrictions on unaffordable mortgage lending; the Volcker Rule, as mentioned; the ban on banks engaging in hedge-fund-like speculation; and restrictions on excessive Wall Street bonuses and more. And, lastly, it would increase the ability of too-big-to- fail financial institutions to hold up the public for a bailout by threatening economic disaster if they failed. It just seems that what all this means has escaped members of this committee. This legislation begs the question, do its drafters fully grasp the economic devastation unleashed by a failure to control Wall Street predation? It would be like a Peace Corps volunteer returned home after serving abroad for 2 years, only to find out at the airport that her childhood home had fallen into foreclosure. It is a pastor who had to put a two-time limit on helping parishioners who have fallen victim to the online payday debt trap lending scheme so that he can help the next person. It is the misuse of the criminal justice system by debt collectors threatening a mother of two with jail time. It is reflected in the soulless neighborhoods full of dilapidated properties with ``foreclosed'' signs. It is profoundly foolish to eliminate safeguards against the catastrophic consequences of a financial crisis. It is also wrong to place such severe restrictions on the ability of regulators to protect the public from exploitation in their everyday transactions with the financial system. We urge you to reject this radical and destructive legislation. Thank you. [The prepared statement of Ms. Jackson can be found on page 89 of the appendix.] Mr. Hollingsworth. Mr. Bertsch, you are recognized for 5 minutes. STATEMENT OF KEN BERTSCH, EXECUTIVE DIRECTOR, COUNCIL OF INSTITUTIONAL INVESTORS Mr. Bertsch. Thank you. Thanks, members of the committee, for the opportunity to be here. My name is Ken Bertsch. I am the executive director of the Council of Institutional Investors, a nonpartisan, nonprofit association of employee benefit plans, foundations, and endowments, with combined assets exceeding $3 trillion. We also have associate members, including asset managers, with more than $20 trillion in assets under management. I appreciate the opportunity to appear before you today. I respectfully request that the text of my testimony, including the Council's April 24th letter to the chairman and ranking member, be entered into the public record. Members of the Council include funds responsible for safeguarding assets used to fund the retirement benefits of millions throughout the United States. They have a significant commitment to U.S. capital markets. They are long-term, patient investors, due in part to the heavy commitment to passive or indexed investment strategies. As a result, issues relating to the U.S. financial regulatory system, particularly involving corporate governance and shareholder rights, are of great interest to our members. In its current form, we believe that the Financial CHOICE Act, if enacted, would weaken critical shareholder rights that investors need to hold management and boards of public companies accountable and that foster trust in the integrity of the U.S. capital markets. Americans suffered enormously from Enron and other corporate scandals of 15 years ago and even more from the failures of oversight that contributed to the 2008 financial crisis. The bill would heavily damage shareholder rights and threaten prudent safeguards for oversight of companies and markets, including sensible reforms made after both the Enron crisis and the financial crisis. Let me highlight five areas of concern. First, the bill would set prohibitively costly hurdles on shareholder proposals. The bill would require ownership of at least 1 percent of stock for 3 years, compared with the current requirement of $2,000 for 1 year, in order to, as a shareholder, submit a proposal to the ballot for all shareholders to vote on. This is a dramatic change. So you go from $2,000 to $7.5 billion at Apple to be able to do this, $3.4 billion at Exxon, and $2.6 billion at Wells Fargo. Since the 1940s, and especially since present rules came into force in the 1970s, shareholder proposals have led to many important corporate reforms. One example: I used to work at TIAA, which is an asset manager for university and healthcare systems. We used resolutions to push for independent boards that would not be rubber stamps. Expectations for boards now are much higher than pre-Enron. And that is due in no small measure to shareholder proposals over many years. Now, TIAA, with about $850 billion in assets under management, essentially would not be able to submit shareholder proposals anymore under this rule. It is not large enough. It typically owns 0.7 percent of a company. TIAA would be out. CalPERS owns $300 billion in assets; they would also be out of luck. Indexers would generally be out of luck, except for BlackRock, Vanguard, and State Street, who have never submitted a shareholder proposal. Some corporations are comfortable with those three among the index providers submitting shareholder proposals because they don't do it. Second, the bill would roll back curbs on abusive pay practices. Shareholders would get an advisory vote on executive compensation only when there is an undefined material change in CEO pay. Most U.S. public companies, at the request of their shareholders, currently offer investors say-on-pay votes annually. It is not required in the Dodd-Frank Act, but there is a choice of how often, and investors have opted for annually. The say-on-pay votes have resulted in much greater shareholder engagement, much better communication between companies and shareholders, and progress on executive pay. Third, the bill would restrict rights of shareholders to vote for directors in contested elections for board seats. The provisions of the bill would bar universal proxy cards that give investors freedom of choice to vote for exactly who they want to when there is a proxy contest rather than being forced into a party-line vote only. Fourth, the bill would create an intrusive new regulatory scheme for proxy advisers that provide shareholders with independent research that they need in order to vote responsibly. The bill would drive up costs for investors, potentially compromise the independence of advisers, and impinge on their ability to provide honest advice to clients. The final thing I want to focus on is that there are various elements of this bill that would shackle the Securities and Exchange Commission, including requiring excessive and unworkable cost-benefit analysis, apparently intended to tie the SEC's hands. The provisions would severely undercut SEC authority to fulfill its mission to protect investors, police markets, and foster capital formation. So those are the areas I want to summarize. We are glad to work with committee members on improving U.S. capital markets. And thank you for the opportunity to speak. [The prepared statement of Mr. Bertsch can be found on page 52 of the appendix.] Mr. Hollingsworth. Mr. Chopra, you are recognized for 5 minutes. STATEMENT OF ROHIT CHOPRA, SENIOR FELLOW, CONSUMER FEDERATION OF AMERICA Mr. Chopra. Thank you, Mr. Chairman, and members of the committee, for holding this hearing today. My name is Rohit Chopra. I am a senior fellow at the Consumer Federation of America. I was previously Assistant Director of the Consumer Financial Protection Bureau, and I also was named by the Treasury Secretary as the consumer agency's first Student Loan Ombudsman, a new position established in the Dodd-Frank Act. Less than a decade ago, our economy was in free-fall, with no single accountable regulator to police the mortgage market against lies and deception, especially in the nonbank sector. Toxic lending whacked Main Street and Wall Street and our whole economy down. Now, the stories and statistics of families who lost their jobs, their savings, and even their homes are still so raw for so many, but I want to tell you about another piece. There was an aftershock of the financial crisis that we shouldn't forget about, a crisis that crushed both family budgets and State budgets. For the millions who went off to, or were already in college, their families had fewer financial resources to support their child's education, and State universities across America had to jack up tuition due to budget cuts. This double- whammy helped lead to an explosion of student debt. Since the collapse of Lehman Brothers, outstanding student debt has more than doubled. Today, roughly 43 million Americans collectively owe $1.4 trillion in student debt. And that doesn't even count other debt for college like home equity loans and credit cards that so many families use. And as repeated research has shown, problems in the student loan market bear an uncanny resemblance to what we saw in the mortgage market: subprime-style lending fueled by securitization markets and slipshod servicing, leading to unnecessary defaults. But, fortunately, there is a lot more accountability for those who break the law today, and that is because of the CFPB. But the proposed legislation would essentially destroy the consumer agency's authorities, forbidding it from engaging in regular supervision of the student loan industry and stripping it of its powers to police the market for unfair, deceptive, and abusive acts and practices. Here are just a few of the enforcement actions that could not have occurred if the proposal were the law of the land. Now, I know all of you know about the Wells Fargo fake account scandal that came to light in September 2016. But just 2 months earlier, the CFPB also fined Wells Fargo millions for illegal student loan practices, including allocating borrower payments strategically in order to maximize late fees. This would not be possible under the proposal today. In 2015, the CFPB announced that it had caught Discover, another big student lender, for illegal billing and debt collection practices. This would not be possible under the proposal today. In 2014, the CFPB sued Corinthian Colleges--this is a company that was very aggressive in many of the districts that you serve--for an illegal student loan scheme coupled with strong-arm debt-collection tactics to shake down their students. Ultimately, the CFPB secured $480 million in debt relief for borrowers, and Corinthian is no longer operating. This action would not be possible if the proposal were made the law of the land. And just this year, the CFPB sued student loan behemoth Navient, formerly known as Sallie Mae, for illegally cheating borrowers out of their repayment rights through shortcuts and deception at every stage of the repayment process so that it could pad its own profits. The allegations are so severe, impacting millions of borrowers. This action would simply not have been possible under the proposal since the agency would lack the authority to enforce all of the critical consumer protection laws. We all know that our student loan system is badly broken. It is not working for borrowers, for taxpayers, or for the honest student loan companies who are forced to compete with bad actors. The way I see it, Congress has a choice. It can choose to have amnesia and forget about the millions of Americans who lost their homes and jobs due to a financial system fraught with fraud and loaded up with risk; it can choose to turn its back on the millions of student loan borrowers who are just trying to pay their loans off. Or it can stand with honest businesses, it can stand with consumers, and it can stand with everybody who plays by the rules. And we will all be watching closely to make sure you don't make the wrong choice. Thank you. Mr. Hollingsworth. Ms. Edelman, you are recognized for 5 minutes. STATEMENT OF SARAH EDELMAN, DIRECTOR, HOUSING POLICY, CENTER FOR AMERICAN PROGRESS Ms. Edelman. Thank you. Good morning, Mr. Chairman, Ranking Member Waters, and members of the committee. Thanks for holding the hearing today, and thank you for being here with us. My name is Sarah Edelman, and I direct the housing policy program at the Center for American Progress. The proposals laid out in the wrong choice act 2.0 threaten the stability of the Nation's housing market, economy, and financial system. The legislation would deregulate Wall Street and put the United States in the same perilous position it was right before the 2007-2008 crisis. Yet it is often described by its supporters as legislation designed to help small community banks. If the intention is to strengthen community banks, then we are talking about the wrong bill. Let's start with a review of the facts about community banks. First, as Senator Warren said earlier, by many measures, community banks and credit unions in the United States are the strongest they have been in decades. Community bank profits are up to where they were before the crisis. Consumer lending at small banks exceeds pre-crisis levels. Mortgage lending has increased by nearly 40 percent between 2012 and 2015, according to a recent analysis by the Center for Responsible Lending. Credit unions added 4.7 million new members last year, the largest annual increase in credit union history, according to their trade association. However, it is true that community banks face more financial and administrative hurdles than larger banks that can spread operation costs across many bank branches. And since the 1980s, the number of community banks in the United States has declined every year. Most community banks are small businesses working to compete against larger ones in an ever-changing market. And that is why Congress and regulators have already developed a tiered regulatory system, where community banks are carved out from many of the requirements big banks need to meet. For instance, community banks are generally not subject to many of the Dodd-Frank provisions, including stress testing, the requirement to create a living will, or CFPB enforcement. Community banks are also given greater flexibility with their mortgage underwriting standards. The wrong choice act takes many of the carve-outs that are currently reserved for community banks and gives them to the big banks that crashed our economy a decade ago for a very small price. The bill also scraps many of the regulations Congress applied to nonbank financial institutions, often major competitors of community banks. So, while supporters of the bill talk about how it will help Main Street, it seems best designed to ease standards for Wall Street. The proposal would also rattle the foundation of the housing market. About a decade ago, some of the very organizations on this panel pleaded with you to stop the predatory lending that was stripping their communities of wealth. Nearly 10 million foreclosures later, it is disheartening that many of our organizations are back here again, this time trying to keep some Members of Congress from reopening the doors to practices that drained wealth from hardworking Americans. In the aftermath of the crisis, Congress put commonsense standards in place to protect consumers and the housing market from predatory mortgage loans. These standards included a commonsense rule that a lender must evaluate a borrower's ability to repay a loan before they originate it. It included more accountability for lenders who make bad loans and incentives for originating loans with affordable loans. Title 5 of the wrong choice act undermines many of these core mortgage protections and turns the clock back to a dangerous time in our housing market. Buyers of manufactured housing, in particular, who are already ripped off on a regular basis by mobile home companies, are made especially vulnerable by the proposal. The men and women in your district may not know what the qualified mortgage or ability-to-repay rules are, but they will notice if their neighbors and family members begin getting bad loans again or when there is another housing or financial crisis. And they know a giveaway to Wall Street when they see it. Please stand up for families and oppose this bill. Thank you. Mr. Hollingsworth. Votes have been called. The committee will return immediately after the vote. The committee stands in recess. [recess] Mr. Hollingsworth. The committee will come to order. The Chair now recognizes the gentleman from Minnesota, Mr. Ellison, for 5 minutes. Mr. Ellison. Mr. Chairman, thank you for recognizing me, and also thank you to the ranking member. Let me just ask the panel this question. I have consumer justice meetings in my district all the time. I also meet with the Financial Services Committee. I try to talk to everybody. But in my consumer advocates meeting, I said, well, there is this CHOICE Act coming up, and one of the things it does is it undermines the Consumer Complaint Database. And I want to ask you, how does the Consumer Complaint Database actually help consumers access even the private bar, to do some self-help, in terms of bringing forth real accountability for what might be abuses in the industry? Ms. Liner, it looks like you kind of feel my drift here. Would you like to respond? Ms. Liner. Thank you, Congressman. I am an active listener. Mr. Ellison. Great. Ms. Liner. So one thing I would like to point out is that a corollary to the CFPB is the Consumer Product Safety Commission. It has a similar mission but in a different sphere, and they also have a public database where consumers can submit concerns about products that are on the market, such as cribs and toys. So it seems appropriate that there is also a public database for concerns about financial products. Mr. Ellison. Right. So the CFPB does in fact have such a database, and people have used it. Do you guys have any information to share on the importance of that particular tool? Because the advocates in my district felt like it was pretty important. Anybody here want to weigh in on that? Mr. Chopra. Congressman, I think it was a complete game changer. When I was at the Bureau and the database came online, all of a sudden the rhythm with financial institutions and their consumers changed. Mr. Ellison. Right. Mr. Chopra. They knew that those complaints were going to be out in the public and they were going to be used. I will tell you one story. We collected a lot of complaints and did some deep analysis of it, and we found a trend of servicemembers and their families being overcharged on their student loans. We actually then referred those complaints to the Department of Justice. And guess what? It wasn't just a handful, it was 78,000 of them, who ended up getting $60 million in refunds. And now companies are looking at their complaints and seeing that they have to treat customers fairly or they may face some real consequences. Mr. Ellison. Even if one of those consequences was just the light of day. So, Professor Coffee, I would like for you to weigh in on this issue. I have this theory, and I would like you to offer your candid comments on it, which is that good consumer protection actually helps business. Why? Because so much of business relies upon confidence. And so, if you have a situation where people are bilked and taken advantage of, it kind of creates this incentive, where ethical businesspeople are kind of dragged into that just to stay competitive. Do you have any comment on that you would like to share? Or, Ms. Edelman, maybe you have a viewpoint on that issue? Ms. Edelman. Sure. I think you are exactly right, Congressman. One of the issues we saw in the run-up to the housing crisis was even some of the more honest lenders having trouble competing with the folks who were doing really shady things, because these shadier practices produced more returns and higher profits in the short term. And so it drags even the good guys into it, which is why it is so important to make sure that there is a solid floor of regulations. Mr. Ellison. Mr. Coffee, do you want to comment on that? Mr. Coffee. I am going to leave that to the people who are really the experts on-- Mr. Ellison. Okay. Mr. Chopra? Mr. Chopra. Yes. So, in addition to what I said before, I think it is pretty unfair for somebody who treats their customers fairly, plays by the rules, and then they get dinged by their investors for not hitting the same return on equity as their competitors. Mr. Ellison. Right. Mr. Chopra. And you know what? The ones who end up following the rules have much more sustainable profitability, which is probably better for our whole economy. There is increasing research to this point. And we should really be not just protecting consumers but protecting the companies that are playing by the rules in the first place. Mr. Ellison. Well, absolutely. And my friends on the other side of the aisle tend to make this case, ``We are for business.'' They are not for business; they are for short-term abusers of the process. And we are for long-term sustainability of the economy. I think I am pretty much out of time, so I yield back. Mr. Hollingsworth. The gentleman yields back. The Chair now recognizes the ranking member of our Capital Markets Subcommittee, the gentlelady from New York, Mrs. Maloney, for 5 minutes. Mrs. Maloney. Thank you. Thank you so much. I would like to thank the chairman and especially the ranking member and all my colleagues for calling for this important hearing. I can tell you, it makes a real difference to have a whole panel of Democratic witnesses on this important bill. My question is for Professor Coffee from the great University of Columbia, located in the City of New York. And I would like to ask you about the chairman's latest version of the immoral wrong choice act, which would make it much harder for shareholders to make their voices heard by making it harder for them to submit a proposal at a company's annual meeting. The Comptroller of the City of New York has been very active on this. I would like to place, with unanimous consent, his comments, his letter into the record. Mr. Hollingsworth. Without objection, it is so ordered. Mrs. Maloney. Thank you. Specifically, the bill would say that only shareholders who own at least 1 percent of the company's shares--could be hundreds of millions of dollars--for at least 3 years can offer proposals to be voted on at a company's annual meeting. And this is just plain wrong. This serious requirement ignores the value that shareholder proposals have had on companies. For example, shareholder proposals were the reason why independent directors constitute a majority on the board, which is now standard practice, and that the audit and compensation committees are independent. So, Professor Coffee, given these successes and the important role that shareholders play in corporate governance, my question is: Does it make sense to impede the ability of shareholders to make their voices heard through this proposal? And I would like to also add to the record the statement from the Irish National Caucus from Father McManus. And, in this statement, he brings it down to the reality of what it means. He says, with these proposed changes, to submit a shareholder proposal to Wells Fargo or anyone else, one would have to own $2.5 million in shares, where at present one only needs to own $2,000 worth of shares for 1 year. So this is a huge change. Mr. Hollingsworth. Without objection, it is so ordered. Mrs. Maloney. And I would just add, to the great Professor Coffee, aren't shareholders the ultimate owners of the companies that invest the funds necessary for companies to raise capital and to grow? And so wouldn't harming their rights actually harm the companies and actually harm the overall economy of the United States of America? Mr. Coffee. It is very easy to answer your question. Thank you for an easy question, because I think the answer is yes. As you point out, 1 percent of Apple is something like $7.5 billion. Moreover, there is also real bite in the 3-year rule, because it disqualifies a whole class of investors, the hedge funds and other short-term holders. They hold nothing for 3 years. If you look at the large pension funds, they are generally indexed, and very few indexed pension funds could own 1 percent of a giant company like Apple. So you get down to maybe no more than a dozen or so shareholders that would be in a position to have that 1 percent and that would have any interest in sponsoring a shareholder resolution because they represent either pension or mutual funds or other broad-based people. So it is a disenfranchisement of shareholders. Also, as you mentioned in the first part of your question, the SEC has moved toward the idea of a single ballot on which all the names of all the contestants for election to the board would be listed. That simplifies the voting process. But this bill would expressly reverse the single-ballot proposal. And, again, that would require you to deal with competing yellow and blue and green proxy cards, making the process somewhat more difficult. So I don't think this is the most important thing in this bill, but I think, in terms of corporate governance, it does restrict shareholder access. Mrs. Maloney. And, also, Professor Coffee, I would like to ask you about the leverage ratio. Under the chairman's bill, any bank that meets a 10-percent leverage ratio would be exempted from all other capital and liquidity requirements, including the risk-weighted capital requirement that has been at the center of U.S. banking regulation and international banking regulation for decades. So, essentially, the leverage ratio would become the primary capital requirement, and, as a result, many banking regulators have commented and contacted us and have argued that relying solely on the leverage ratio would give banks an incentive to get rid of their safest assets, like U.S. Treasuries, and load up with riskier assets. Do you agree? Mr. Coffee. I think you have now touched on the most important provision in this bill, which is the off ramp. And the off ramp works off a single metric, a leverage ratio of 10 percent. Now, I could understand the off ramp if it was limited to smaller banks. We can argue about what smaller banks were--$1 billion, $10 billion, $50 billion--but for smaller banks, there might be a case for this. This would apply to our largest banks, and you can escape everything in Dodd-Frank if you can get the requisite 10-percent leverage. We have seen what will happen. We saw this with Lehman back in 2008. They wanted to show an attractive leverage ratio, and they gamed the system. Mr. Hollingsworth. The gentlelady's time has expired. Mr. Coffee. One sentence: Every quarter, they engaged in one transaction that for one day only gave them the requisite leverage. Mr. Hollingsworth. The gentlelady's time has expired. Mrs. Maloney. Thank you, Professor, for your life's work. Thank you. Mr. Hollingsworth. The Chair now recognizes the gentleman from California, Mr. Sherman, for 5 minutes. Mr. Sherman. I will pick up on what the last witness was saying, and that is, credit default swaps would allow a giant bank to have, yes, 10-percent capital against their liabilities, but credit default swaps create perhaps a trillion dollars of contingent liabilities. They are not on the balance sheet. They don't affect your ratio. You are out of Dodd-Frank. A bank with a million dollars of assets and $100,000 of capital would be legally allowed to do a trillion dollars' worth of credit default swaps. I have been to over 1,000 hearings in this room organized by Republicans selecting the bulk of the witnesses, and so I thought I would rant a bit about the Republicans not being here, not listening, not gaining insight. And then I realized what is really happening. They are all back in their offices, glued to their television sets. They know they can learn more if they don't interrupt with their own questions. And knowing that my friend, Chairman Jeb, is watching, let me implore him: Please split up this bill. This bill includes a dozen individual bills that a majority of Democrats and a majority of Republicans voted for. Those bills could become law. This bill can never become law unless the Senate goes thermonuclear, and it is not going to do that. You need eight Democratic votes to pass anything. You are not going to get a single Democratic vote in this committee or on the Floor. How are you going to get eight Democrats in the Senate? So this is a messaging bill. And what is the message? The message is: Democrats are voting against every change that could possibly be made in Dodd-Frank. The Democrats are treating Dodd-Frank as if it is a canonized scripture. The fact is, I was a cosponsor of Dodd-Frank. It is not a perfect bill. I have never voted for a perfect bill. And when that bill was written, it was written here in 2128; it didn't come from Mount Sinai. We can improve it. Now, I had a prior visual up on the board showing the enormous trade deficit. And, Ms. Klemmer, we haven't had the great economic growth in the last few years that we would like to see. Is that because of Dodd-Frank, or is that because we have trade policies where we have a $600 billion trade deficit with the world every year, leading to well over $10 trillion of what we owe the rest of the world? Now it is up to $11 trillion, excuse me. It is going fast. Which is the cause of the slow economic growth, Dodd-Frank or trade policies that lead to the world's largest trade deficit? Ms. Klemmer. I think a lot of the other witnesses have provided statistics that Dodd-Frank has not slowed lending or had any negative impact on the economy. In fact-- Mr. Sherman. What about our trade policies? Any negative impact? Ms. Klemmer. I am getting to the trade policies, certainly. The trade policies absolutely have caused tremendous problems for U.S. manufacturing and all of our industries, and it is been a series of corporate-authored bills that have undermined American workers across-the-board. And I-- Mr. Sherman. Thank you. I want to go on to the next visual, because there is this argument that the Obama years have been bad years. The fact is that during his Presidency, which is somewhat coincident with the application of Dodd-Frank, we have seen the stock market go up by 180 percent, corporate profits by 112 percent, auto sales by 85 percent, consumer sentiments up 60 percent. The number of jobs in the country is up 8 percent, and you can see that insert showing how the unemployment rate dropped from the beginning of his Presidency to the end, down to 4.6 percent. The number of uninsured Americans dropped 39 percent. The Federal deficit dropped 58 percent. In contrast, during the first quarter of the Trump Administration, we have seen the most anemic economic growth that we have had for many years. And he just came up with a proposal to take that Federal deficit, which has gone down by 58 percent over the Obama Administration, and have it explode into many trillions of dollars over what would I guess be his first 4 years in office. So this idea that Dodd-Frank and Obama are coincident with bad economic performance and that the last 3 months have been spectacular economic growth is very convincing unless you look at the numbers. Finally, I couldn't let this go without saying the cause of the problem was the bond rating agencies. They gave AAA to Alt- A. Portfolio managers had to buy them in order to maintain a competitive rate of return on their investment. And as long as the umpire is selected by one of the teams, namely the issuer, we are just cruising for the next crisis. I yield back. Mr. Hollingsworth. The gentleman yields back. The Chair now recognizes the gentlelady from New York, Ms. Velazquez, for 5 minutes. Ms. Velazquez. Thank you, Mr. Chairman. Ms. Liner, during the crisis, when we were concerned that our banking system could collapse, many large banks paid out billions in dividends to enrich their shareholders. Dodd-Frank ended this practice by preventing banks from paying dividends if they fail their stress test. But in the wrong choice act, there is no penalty for failing stress tests if the banks qualify over the low bar that lets them get out of their safety regulations. Do you share my concern that the wrong choice act will reverse this important safeguard? Ms. Liner. Thank you very much for your question, Congresswoman. I do share your concern, and thank you for bringing up this point. One of the biggest scandals that occurred during the financial crisis is that banks were still paying dividends, billions in dividends, at the same time that they were begging the Fed for help to keep their doors open. In fact, in the fourth quarter of 2008, banks gave out over $6 billion in dividends to their shareholders. At the same time during the fourth quarter of 2008, nearly 5 million Americans lost their jobs because of the onset of the financial crisis. So thank you for bringing this up, because stress tests are a test, and tests have consequences. Ms. Velazquez. Thank you. Mr. Bertsch, clearinghouses play a critical role in managing risk and promoting stability in our financial markets. Because of this, some clearinghouses that have been deemed systemically important have been subjected to enhanced supervision pursuant to Title VIII of Dodd-Frank. Are you concerned that doing away with this enhanced supervision and some of the related tools given to the supervisors will introduce risks to the financial markets and the small businesses and consumers who rely on them? Mr. Bertsch. Yes, I am concerned, although that has not been the primary focus of our attention at this point on this week-old bill. But, yes, we are concerned--I am concerned about the oversight structures, not only the SEC but the clearinghouses and otherwise, that in various ways this bill undercuts. Ms. Velazquez. Thank you. Ms. Liner, under the wrong choice act, if a bank maintains a 10-percent quarterly leverage ratio, it can choose to opt out of Dodd-Frank's enhanced prudential standards, including risk- based capital rules, liquidity requirements, risk management standards, resolution plans, stress testing, and other important safeguards. Can you explain why more than a simple leverage ratio is required to ensure a global megabank operates in a safe and sound manner? Ms. Liner. Yes. Thank you, Congresswoman. You just provided a really important list of the various tools that Dodd-Frank uses to ensure that our financial sector is safe, stable, and healthy. To explain what some of these are: Liquidity requirements. This is different from a leverage ratio and capital requirements because it makes sure that banks not just have enough assets but enough liquid assets. Because assets like loans and securities are not as liquid as cash. And the cause of some of the large bank failures during the crisis is that they did not have access to enough liquid assets; they couldn't liquidate many of their assets in time to be able to stay open. Risk management standards, another excellent example of a Dodd-Frank reform that keeps consumers and investors safer. It is incredible to think that a publicly traded bank holding company did not have to have a risk management committee or a risk management officer prior to Dodd-Frank. And, finally, I would just like to add the countercyclical buffer. So the leverage ratio is always 10 percent, whether we are in an economic expansion or an economic recession. And in Dodd-Frank, there is a countercyclical buffer that requires banks to take on more capital if economic conditions deteriorate. Ms. Velazquez. Thank you. Ms. Liner. Thank you. Ms. Velazquez. Mr. Coffee, would you like to comment? You have 25 seconds. Mr. Coffee. I agree with what she said. As long as you use a single leverage point, you are inviting banks to greatly increase the risk level of their assets. They will trade in those stodgy, old, dull treasuries and buy very risky credit default swaps. And that is dangerous, but they could do it under a single metric test. Ms. Velazquez. Thank you. Mr. Hollingsworth. The gentlelady yields back. The Chair now recognizes the ranking member, the gentlelady from California, Ms. Waters. Ms. Waters. Thank you very much. I would like to first thank all of our presenters here today. It is so important for you to be here to help educate the public about this wrong choice act and the devastation that it would cause should it pass. I would like to say to Reverend Willie Gable, Pastor at the National Baptist Convention USA, I want to thank you for what you are doing. You talked about these minority communities, African American communities being targeted. Rev. Gable. Yes. Ms. Waters. And we find that all of the schemes, all of the ripoffs that anybody can think of, they target them right into the most vulnerable communities. And I know it creates a lot of work for those of you who are trying to look out for the least of these. You talked about the woman who was taken advantage of with dementia. Could you just share with us the kind of harm that you have experienced from those who have been taken advantage of? Maybe they are similar to the woman with dementia or in other ways. Do they have to come to the church and then ask them for money once they are burdened with this debt and they can't pay it and they can't get any more money? What do you guys have to do to help them? Rev. Gable. Thank you, Congresswoman. First of all, let me say that there seems to be a philosophy that has occurred in this country that engenders this idea that the poor should pay more for everything--more for a car, more for a home, more for food, more for access to capital. I don't know where it came from. And these are working poor. We are not talking about people sitting on the street. What happens is that the faith institutions end up having to support this. Our Faith for Just Lending Coalition, which is a coalition of the Catholic bishops, the National Evangelical Association, Southern Baptists, National Baptists, PICO, working together, all of us, to a group, an institution, are finding the same thing, that we are supporting, that every day we have individuals, every week, coming in who are having massive problems because of predatory lending--particularly predatory lending. And it is a designed, it is a planned effort that these lobbyists have worked and they continue to work. Even while this bill, this Wrong Choice bill, is being discussed, they are planning on how they can come up with ways to get into this community. We have individuals every week who come to us and, through our benevolent fund, we have to give support to them because they can't get out of debt. Ms. Waters. Well, Reverend, I would like you to help us get the word out about this Wrong Choice bill. It would take away the authority of the Consumer Financial Protection Bureau to develop rules about how they operate. So when you go back to the convention and you talk with the other pastors and all those who you are aligned with, let them know we have to stop this Wrong Choice bill. Rev. Gable. We shall do that. Ms. Waters. Thank you. Let me just add one other thing. There was a lot of discussion, I think, from--who is that over there?--yes, about community banks. And people don't know, for the most part, that we have exempted them from some of the rules of the big banks. They come in here and the big banks hide behind the community banks and would have you think that--they are talking about regulations that--causing the little banks problems, but really it is the big banks. Would you expound on that just a little bit more? Ms. Edelman. Sure. I would be happy to. That is exactly right. We have been very concerned that Congress would roll back financial reform in the name of helping the little guy, when the wrong choice act is really about giveaways for the big banks. Small community banks have exemptions from a number of Dodd-Frank provisions. Only 2 of the roughly 6,000 community banks--or 4, I am sorry, 4 of the roughly 6,000 community banks do stress testing. They don't have to do living wills. They have more underwriting flexibility. The CFPB has worked with them time and time again to make sure that the regulations are properly tailored for them. Small businesses, including many community banks, get an opportunity to submit early comments. The CFPB and other regulators have all created new advisory councils, including with the community banks. So community banks are already carved out of many of the provisions that were designed for the bigger banks. And expanding these exemptions for the big banks isn't going to do much to help the little guy. Ms. Waters. Thank you so very much. And I yield back the balance. Mr. Hollingsworth. The gentlelady yields back the balance of her time. The Chair now recognizes the gentleman from New York, Mr. Meeks, for 5 minutes. Mr. Meeks. Thank you. And thank all of you for your testimony that you have been giving thus far, because it is very important. We have found that many of my colleagues on the Republican side of the aisle have amnesia about what took place before 2008 and the people that it has affected. And you clearly have in your testimonies reminded all of America, thereby helping us to let our constituents know how important it is that we stop the wrong choice bill because it is not helpful to them. With that, let me ask Ms. Liner, in 2007 and 2008 we saw banks were still paying dividends to their shareholders even though they were experiencing a lot of losses. An example of this was Lehman Brothers, which eventually received taxpayer money, continued to pay dividends until after their bankruptcy. Dodd-Frank allows regulators to prevent such dividends if banks do poorly on their stress test. Could you explain for my constituents so that they understand why stress testing is important and how the wrong choice act's proposals to prevent regulators from limiting dividends will water down stress testing? Ms. Liner. Of course. Thank you, Congressman. Stress testing is a critical, proactive tool that we can use to ensure that our banks are strong enough for a future recession. And one thing that we saw happen in the financial crisis is that banks that weren't strong enough to stay open without extraordinary help were still paying out dividends to their shareholders and making capital distributions. Under the wrong choice act, there would be no penalty if a bank repeatedly failed a stress test to prevent them from paying out dividends. We saw that this behavior is simply unacceptable during the financial crisis, and Dodd-Frank does the right thing by making stress tests matter. Thank you. Mr. Meeks. Thank you. Thank you very much. And then there is one other issue that has been important to me. Some of you may know that I also serve on the House Foreign Affairs Committee. And I know that we have been working very hard and negotiating, for example, with the EU to ensure that our financial regulatory systems can work in harmony. We are so interconnected. So, Ms. Liner, again, many of the institutions we regulate are also regulated abroad, right? And there are aspects of Dodd-Frank that would disrupt our cooperation with these agreements abroad. So, if you could answer this question, what kind of impact can the lack of financial cohesion between the United States and the EU have on the everyday American who we are focused on? A lot of times, people don't recognize what the global aspects of something are, how it affects us locally. Can you briefly explain what effects it would have on the local constituent? Ms. Liner. Sure. The United States is a leader in global financial regulation, and for a good reason: Because we are a leader in the financial sector. There are a variety of global agreements that the United States has led and is a party to that ensure that all banks globally are prepared for anything that may arise in the global economy. Some of the things that the United States is a part of, with global systemically important banks--we have eight banks that meet this criteria, and they are required to carry higher levels of capital. They are required to participate in the liquidity coverage ratio at a higher standard than other banks. And there are few other regulations by Basel III, the total loss-absorbing capital and net stable funding ratio rules, that it would be a concern if we no longer participated in them for our standing in the global economy. Mr. Meeks. Thank you very much. And in my last few seconds, let me just say that I know that before the crisis of 2007 there was no one anywhere who spoke for the consumers. And that is the reason why the Consumer Financial Protection Bureau was created. And I know, Reverend, that it is difficult for many of your parishioners who folks are trying to bring these products up to, and they are not individuals who are reading the fine print, nor do they have anyone to advise them of where to go. So, with the Consumer Financial Protection Bureau, I would hope that--and maybe you can tell me that you have been--that you can refer or give individuals a name or a number to call within the Consumer Financial Protection Bureau so that they can say, ``Check out this proposal,'' so that they could have confidence that they are doing the right thing and someone is not trying to pull a con game or trying to do something that is not good for them. That is good for you, isn't it? Rev. Gable. Absolutely. The CFPB has been just a yeoman's group for protecting the most vulnerable. And it is unfathomable to me that this Wrong Choice bill would try to eliminate some of the great things. It brought back $11 billion, that's ``billion, with a B.'' They have returned that amount of money to consumers and to other agencies. Why would you try to eliminate something like that? The proposed rule for payday lending that is coming about and the work that we have been doing, it is something--and I hear the tick, tick, tick. But the problem is so immense and the passion we have--I understand, Mr. Chairman. But this is something we have to fight for. Mr. Hollingsworth. The gentleman's time has expired. The Chair now recognizes the gentleman from Massachusetts, Mr. Capuano, for 5 minutes. Mr. Capuano. Thank you, Mr. Chairman. And I want to thank the panelists. There are so many bad things in this bill that the truth is there is part of me that doesn't even think we should bother talking about it, because there is no way this bill can be fixed enough to make it worth discussing. But here we are, and we are going to have to vote on it, I think next week? Next week. So I want to be really clear, for those of you who have activist communities, you best get them going, because the time is now and they need to know about it. But I want to focus on a couple of things. First of all, I want to follow up on what the ranking member was talking about. I am a community bank guy. All my money that I have, my personal money, my campaign money, my wife's money, it is all in community banks, a couple of credit unions, in community banks, because I am the guy who likes to know the person behind the glass and they want to know me. So when I say that, I have nothing against big banks, I think we need big banks to have an effective economy. Big business does, but I don't. All that being said, every time a community bank has come in to see me, they know I am their friend, and I tell them all the same thing, basically what the ranking member was saying: You do realize they are using you, they are hiding behind you. And I guess, for the sake of discussion, I would like to ask the panel, does anybody here object if, for the sake of discussion, again, I know we would have to come up with an actual number, but if I said for the sake of discussion any bank below $25 billion is exempt from every Dodd-Frank provision, and as far as I am concerned, exempt from the QM provisions if they hold a mortgage on their own books, anybody here, will your head explode if you hear something like that? Am I completely off? Ms. Edelman. Twenty-five billion sounds pretty high. The FDIC defines community banks as below $10 billion. So if you move that to $2 billion or $10 billion, I would get more comfortable there. Mr. Capuano. But everybody has a different definition. They have a definition. That $10 billion definition has been around for a long time and not adjusted for inflation. I think that is what I would like to do. Again, I am not sure of the number. I am happy to discuss the number. But that way we get the people that we never wanted to get off, they can go home, continue doing their banking, servicing the communities, and we can talk about the people that, I don't think they are actively trying to ruin the economy, but they did it, and they might do it again. I also want to focus for a minute on items that I think the average person might have an understanding of. And, again, most people don't understand capital ratios and living wills and all that kind of stuff. But I think there is at least one thing they understand, there are a couple, but I think there is one in particular, and that is shareholder activism. We have a provision in Dodd-Frank that says if you own the lesser of $2,000 worth of shares or 1 percent, whatever the lower amount is, you have a right to offer a proposal to the corporation that they have to accept. You may not win, but you have that right. This provision says--they changed that to a minimum of 1 percent of the corporation and you have to hold it for 3 years. That takes everybody I know out of this and many sizeable investors, not just my mother. It takes out a lot of sizeable investors. I don't know many people who can invest, oh, let's say a million bucks. There are some, God bless them, but I don't know them. And even at that investment, you would have a hard time making that 1 percent threshold. The average S&P 500, the market capitalization is about $45 billion of those companies, which means you would have to have $453 million invested in that company for 3 years before you could have a voice. And I have always thought that shareholders were the people who actually owned corporations. Did I make that mistake? Are they owned by the CEO or are they owned by stockholders? Did the law change? Does anybody think that that provision is a good choice? Ms. Klemmer. If I could respond, there is an SEC study that actually showed a correlation between improved firm value and shareholder activism, and I think it was at least by 60 basis points, which resulted in billions of dollars of added shareholder value through their activism. And also, typically when shares come with less rights, people expect--investors expect a higher return. And so if you start taking away rights, you could actually drive up the cost of capital for a firm. And so I think everyone loses with this. I don't see an upside. Mr. Capuano. I just get shocked, because I was always under the impression that the Republican tenets were all about, it is mine, you can't use it if it is mine. And here is a situation where it is mine, I own the stock, or I own the stock on behalf of a thousand other people, and I don't have a voice in the company. Just stunning to me. And I see my time has expired. But thank you very much for being here and lifting your voices in the right directions. Mr. Hollingsworth. The Chair now recognizes the gentlelady from Wisconsin, Ms. Moore, who is also the ranking member of our Monetary Policy and Trade Subcommittee. Ms. Moore. Thank you, Mr. Chairman. And thank you, Ranking Member Waters, for this hearing. And I want to add my voice to those who have thanked this very distinguished panel for very important testimony. Let me dive right in. My time is limited. And I don't know who would best answer this question. Ms. Klemmer, Ms. Liner, Mr. Bertsch, anybody else who feels that they are better to answer it, please jump in. But I was stunned with this legislation to see that it included a provision to repeal the fiduciary rule, which has jurisdiction under the Labor Committee, and I have worked very diligently on this best standard. I am wondering if any of you could just weigh in for a brief moment--oh, you want to, okay--and tell us what we expect. Ms. Lubin. Thank you. For years, and you heard I have been a securities regulator for 30 years, we have been trying to hold the brokerage community to the standards that they advertise to their clients, that when they say they are investing their money, they are going to have money for their kids, for their college education, for their weddings, for their retirement, that those brokers act in the client's best interest. Now, ideally in every context they would have a fiduciary obligation to their clients. For now, what the Department of Labor has done is take a big step towards getting us there and saying when a broker-dealer and their stockbrokers deal with a client and handle their retirement funds, they have a fiduciary obligation, they need to act in the client's best interest, they need to put their interest ahead, they can't just have a-- this is a suitability standard. And what this bill would do is take away the ability for the Department of Labor to adopt that rule until the SEC moves. And, unfortunately, the SEC has had the opportunity to move in this space for a long time and hasn't had the ability to do so. So in the school of, half a loaf is better than none, I think we could get started and make significant progress by allowing the Department of Labor rule to go forward. Ms. Moore. Thank you so much for that. Now, my colleague, Mrs. Maloney, asked about the 10 percent simple leverage, no risk weighting, but I also would like the panel to respond to things that have been included. Like at first, the first draft of this bill had the CAMELS rating by the FDIC included, and they took that out. Also, I guess many of you are familiar with--also, I want to ask you about the off-balance-sheet vehicles that would be allowed--would be restored under this bill. What impact do you think that would have, briefly? Whomever it was who talked about--and this is a big panel--solvency versus liquidity. That is you, Ms. Liner? Mr. Coffee. I certainly have talked about liquidity, and I think that is not a complete answer simply to focus on a leverage test. But the point that I think I was making earlier today and I think maybe you are getting near is that the only way you are ever going to be able to reorganize a financial institution or a bank in any kind of liquidation or bankruptcy is by providing some access to short-term liquidity. We do that today under orderly liquidation authority by turning to the FDIC's fund, which the industry has to replenish. We would have nothing similar, nothing else that would work in the short term if we simply moved to a Bankruptcy Act provision. Ms. Moore. But I specifically wanted to talk about the absence of the CAMELS ratings that are supervised by the FDIC. No one wants to respond to that? That is fine. My time is limited. So I think Reverend Gable and some of the others of you, I know that this is an expert panel, but we did--we have had other expert panels appear before us on this topic. One in particular is a Mr. Wallison, who is a senior fellow with the American Enterprise Institute, and he says that this crisis was not caused by credit default swaps, not poor underwriting, not inflated appraisals, not credit rating agencies, but because of maybe CRA, Freddie and Fannie, and predatory borrowers. So, I guess, Reverend Gable, I would like to hear a little bit your view of these predatory borrowers that really caused this crisis. And I just want to remind you, he is an expert. Rev. Gable. I have had the privilege to speak before that group before, after Hurricane Katrina, so I could imagine something like that coming from them. There is no such thing as a predatory borrower. It does not exist. These are individuals who are paying 400, 500, 600 percent for a loan. How can they be predatory? They are being preyed upon. And so for someone to even have the concept as an expert, I don't know what their expertise is in, but it is not in being in debt. And having to live in poverty and pay 400 percent interest, or 700 percent interest is just ridiculous. Ms. Moore. My time has expired. Thank you, Mr. Chairman, for your indulgence. Mr. Hollingsworth. The Chair now recognizes the gentlelady from Ohio, Mrs. Beatty, for 5 minutes. Mrs. Beatty. Thank you, Mr. Chairman, and Ranking Member Waters. And thank you so much to this distinguished panel who is here today, and, of course, to our very own Senator Warren, who started the presentations with her testimony this morning. Certainly, as you know, this bill that is before us today, named the Financial Create Hope and Opportunity for Investors, Consumers, and Entrepreneurs, or the CHOICE Act, I believe is certainly a misnomer, because it is, in fact, the wrong choice for investors, for consumers, for entrepreneurs, and for the American economy. I know that firsthand because prior to coming to Congress, I fell into that category as an investor, as an entrepreneur. And certainly it lacks hope and opportunity for the American people. But it is the wrong choice because it brings us back to the days that led us to Financial CHOICE. It is the wrong choice because it takes us back to a time when we were less investor protected. It is the wrong choice because it takes us back to a time when consumers could be taken advantage of without representation. I believe it is the wrong choice because it takes us back to a time that led the United States economy to the brink of collapse. All of that is at stake today. And I ask you to look at the left of this chamber. And I am going to say this today, Mr. Chairman, because I know this is your first year and you probably drew the short straw to sit in that chair. Mr. Hollingsworth. I consider it an honor. Mrs. Beatty. But with that, I am going to say thank you to you for taking it, whether it was an honor or not. But, Mr. Chairman, let me just say to you, being on this committee since I was a freshman, I have heard repeatedly from the Chair who traditionally sits in that seat that he would hope that we would work in a bipartisan fashion, that he would hope Democrats would participate more and come up with ideas to share, and that he welcomed that we invite people in to express their ideas and positions. So, Mr. Chairman, I want you to know that our ranking member has spent tireless hours looking into this bill, inviting experts, and asking us to be here today to share with our colleagues. Again, I ask everyone to look to this side of the aisle, and they are absent. So I want you to know, in meetings to come later, you are going to see a photo of that, as they always put those charts up there because they believe that the visual tells the story of our economy. Well, I think what tells a better story than any numbers, any facts that you can put up there is that we have 30-some empty seats over here when we are dealing with one of the most critical things that we could do to take a look at how we could provide choice for those individuals in all of our communities and our districts. Now, with that said, I do have a question. I am from the seventh-largest State, the great State of Ohio. And I have heard from members of the Ohio pension system, a system that I also belong to. So I am going to look to you, Mr. Bertsch, because I believe that is your area of expertise. And since I have had several of the pension funds that invest in our retirement of thousands of Ohioans express their concerns, can you tell me, since you represent the interest of the pension funds, like OPERS and Ohio Police and Fire Pension Fund, the School Employees Retirement System in Ohio, and State teachers, can you explain how some of the provisions of this bill hurt the ability of pension funds to effectively invest and manage the retirement of thousands of Ohioans? Mr. Bertsch. What we have been focused on in particular is their rights as shareholders, since they invest the bulk of their money in publicly traded companies, are severely cut back by this bill, and that is what we are most concerned about. Those rights that they have used historically to push for sustainable long-term value creation would be badly damaged by provisions of this bill. That is really the core thing I would want to address. Mrs. Beatty. So the short answer is, if it were a yes or no, the answer is clearly, yes-- Mr. Bertsch. Yes. Mrs. Beatty. --it hurts thousands of individuals? Mr. Bertsch. Right. There are many other provisions, but that is what I would focus on. Mrs. Beatty. Thank you. I yield back, Mr. Chairman. Mr. Hollingsworth. The Chair now recognizes the gentleman from Michigan, Mr. Kildee. Mr. Kildee. Thank you, Mr. Chairman. And, again, thank you to the panel for participating in this hearing. A hundred and seven years ago, Santayana wrote that those who cannot remember the past are condemned to repeat it. A little more recently, Stephen Hawking said, ``We spend a great deal of time studying history, which, let's face it, is mostly the history of stupidity.'' The reason I mention that is that I find it almost impossible to comprehend that those advocating for this legislation fail to study even the most recent history of this country. And as I said in my opening comments, I am now in my third term, but before I came here, I was working across the country, working with communities to try to breathe life back into abandoned properties. I founded an organization called the Center for Community Progress, still doing a lot of work in that field. And I saw, not just in my hometown of Flint, where chronic abandonment was the sort of predecessor to this episode of abandonment, but I saw strong communities, strong neighborhoods all across the country impacted in ways that, unfortunately, is not yet history. Sure, this was a decade ago, but the impact on our Nation and on individuals, on families, is still being felt. The loss of the sole source in some cases, but the primary source of lifetime savings, the equity in their home, vanished. In a lot of places around the country, we are not even close to recovering the value that was lost. And the consequence of that is significantly weakened communities, municipal governments that are struggling to try to provide basic public services, because the main source of revenue for those local governments has been the value of land and the ability to hold a community together and generate income, revenue, that can be put back into public services. This is a crisis that is still ongoing. So when we talk about it, we have to resist the temptation to say we want to just miss another rerun of that history and realize we are still in the long tail of that crisis. One area that I would like to get some comments on--and, Ms. Edelman, if you wouldn't mind beginning and then I will just see who else has something to say--I think we should be really clear about how this wrong choice act could put homeowners and potential new borrowers in a position of jeopardy. Because for most Americans the way they understood the crisis was not big institutional failures or shareholder losses; it is that they lost their house. Or, their neighbor lost their house and that abandoned shell that was sold to some online speculator has undermined the value of their asset that they continue to support and pay their mortgage on and pay their taxes for. It wasn't just people who lost their houses, it was all the people who surround those empty places that have suffered big losses. And I wonder, in the minute-and-a-half remaining, if you could start, Ms. Edelman, and just help us understand how this takes us back to a place where that could happen again? Ms. Edelman. Yes. Thanks for your statement. And just one thing to underscore is that there are still over 7 million borrowers who are--homeowners who are underwater on their mortgages, a thousand counties in the United States where negative equity rates are either stuck or actually getting worse. So we are not through this crisis in many parts of the country. In my mind, there are three or four main threats of the CHOICE Act to homeowners and homebuyers. First, mortgage servicing. Part of the reason that the foreclosure crisis was as bad as it was is that we did not have servicing standards in place to deal with the volume of delinquent borrowers that we had. So the CFPB has written new mortgage servicing rules, which should help going forward. This bill would expand an exemption that is currently just for very small banks for some larger banks from those rules. The second area that really concerns me is the provision of the bill, part of Title V, that would provide all sorts of freedom from any legal liability on any mortgage made even if it has risky features as long as the bank holds it on portfolio, and that is just not a good enough protection for homeowners. We learned that with Washington Mutual and Wachovia, which made plenty of lousy loans that they held on portfolio. It is not enough to protect consumers. And that, to me, is one of the provisions that truly keeps me up at night. And, finally, the one that I will mention with the 6 seconds left, is provisions that would make it easier to steer manufactured housing borrowers into high cost loans. These are some of the most vulnerable of our consumers, and this bill would pose risk to them. Mr. Kildee. I appreciate that. And if I could just, on that issue of portfolio loans, I completely agree. We tried. There was a possibility we could have gotten something done. We tried to create some lanes to keep those products from going back to those exotic and dangerous exploding mortgages. But in an era of bipartisanship--which really doesn't exist--we couldn't get it done there too. So thank you very, very much. Mr. Hollingsworth. The Chair now recognizes the gentleman from Connecticut, Mr. Himes, for 5 minutes. Mr. Himes. Thank you, Mr. Chairman. And thank you to the panel for participating in this. I would really like to thank Ranking Member Waters for assembling this group and for doing this due diligence around a really important and threatening piece of legislation. I am one of three Members sitting in the room who was here when we wrote Dodd-Frank and passed it, and we did it over many, many months, with hearing after hearing after hearing, including input from everybody, including representatives of the industries, consumer groups, unions, you name it. It was a lot of hard work. And here we have a major revision, maybe even a repeal of much of the work that we did back then, based on one hearing. And here is the interesting thing. The theme that has been teased out today is that this repeal is being done in the service of the big banks and Wall Street, and I think there is something to that. But interestingly enough, when I look at the witnesses who actually participated in the hearing on April 26th, oddly, there are no big banks, there is no representative of Wall Street. Instead, let me just read you who was here: the Cato Institute; The Heritage Foundation; the American Enterprise Institute; the R Street Institute; and the Mercatus Center. Each and every one of these groups is a Libertarian think tank. Now, there is a lot to be said about think tanks, but I think we would all agree that people who are in think tanks are not actually out there in the world regulating, doing things, participating in this industry. And without exception, these think tanks, which were the only witnesses in the only hearing around the CHOICE Act, are dedicated to the idea that government should shrink almost to the vanishing point. I am reminded of Grover Norquist, who said he wants to starve the government of money so that it can be strangled in the bathtub. Now, that, by the way, is a fair debate. This is why two parties exist. We should have a debate about how big government should or should not be. But in this area, this is a really dangerous instinct. We have 500 years-plus of history of what happens when you get leverage, fractional banking, when you get speculation in an unregulated environment, literally 500 years: the 17th century Dutch tulip bubble; the 18th century South Seas bubble; the 1929 crash, which devastated this country; the Japanese property bubble of the 1980s; the S&L crisis of the 1980s, and of course the catastrophe that led to 2008 and all of the effects that you have been so good at reminding us of. All of those events happened because of this idea that you just do away with the regulated market, that when it was established in the 1930s created the stability that contributed to this country's middle-class growth. So I think it is a profoundly dangerous thing, and I want to just explore two areas. Number one is, it hasn't been remarked on today, but one of the things the CHOICE Act would do would be to repeal Section 978 of Dodd-Frank, which provides a steady and predictable source of funding to the Government Accounting Standards Board (GASB). Now, we don't talk about it a lot, but these are the scorekeepers, these are the people who provide the financial statements that allow the municipal bond market to work. They are critical to the market, and of course this would, the CHOICE Act would repeal that provision. Mr. Chairman, I would like to seek unanimous consent just to insert into the record a letter to Chairman Hensarling from a bunch of Members who happen to be CPAs, as well as from the National Governors Association. Mr. Hollingsworth. Without objection, it is so ordered. Mr. Himes. Thank you. And then, Professor Coffee, first of all, I want to thank you for the work you have contributed to our efforts here to deal with insider trading and make the law clear there. But I want to give you in my remaining minute and 20 seconds or so an opportunity to talk about the CHOICE Act's replacement of the orderly liquidation authority. This is the authority that when we are back in 2008, no one knows who has authority to do what, says now we have a regime. I hear time and time again that bankruptcy suffices as a mechanism to deal with that kind of crisis. I don't happen to believe that is true. Can you just spend a minute telling us why bankruptcy, as normal firms think of it, does not work in the event of a financial crisis? Mr. Coffee. I want to be clear that I think there could be a robust bankruptcy provision that would be helpful and that would be a supplement, but it can't be a substitute. What we lose when we shut down orderly liquidation authority is basically four things. We lose the regulator making the decision to shut the bank down. Instead, it will be shut down when the bank totally runs out of money. Lehman was shut down the last day it could stagger to get any money paid. It will take much longer to shut down because the bank will wait until the last minute. So we will have bigger losses because there has been a longer period of insolvency. Three, we will lose any access to liquidity. Most bank failures of large banks are probably more caused by liquidity failures than by complete insolvency. That is the simplest way to solve the problem, and the FDIC has done that with small banks for decades successfully. Then, we lose accountability. Accountability is there under the liquidation authority, not there in the Bankruptcy Code. You can't hold these people liable. My time is up. Mr. Himes. Thank you, Professor. I yield back my time. Mr. Hollingsworth. The gentleman yields back. The Chair now recognizes the gentleman from California, Mr. Vargas, for 5 minutes. Mr. Vargas. Thank you very much, Mr. Chairman. And thank you for being here. I do appreciate it very much. And I also want to thank the ranking member for giving us this opportunity to question these witnesses. And, of course, I thank the panel here today for being here and allowing us to hear from you and to ask you questions. Now, I have to say that I think that the Dodd-Frank law has worked pretty well. I think that it has performed generally well. It is not perfect. But the thing that really touched me today was something you said, Pastor Gable, which is that somehow we get the notion that poor people should pay more, that they should pay more for a car, that they should pay more for a home, frankly, they should pay more for food even, it is more expensive in the community, and I think that is wrong. I do think we should love them more, I think that we should because they are the least among us. And I do believe in Canonized scripture. I know that my friend Mr. Sherman said a word about that, and I think more in line with Dodd-Frank. But I do believe in Canonized scripture, so I do think that we should love them more and I think we are obliged to do that and we should. But the one question I did want to ask about, and it is a little bit touchy, but I think it is important, which is, I do hear from some of my constituents these days that it is hard to get a loan, and I do hear that. I heard a little bit different today that the loans are being originated, funded at a higher level. But I do hear still a significant amount, less than a few years ago, to be frank too, but I do hear people come and they say, ``Look, I have a study job, I can prove that, I have the downpayment. Look, my credit score is high. I can show where I got my downpayment from. I am not hiding anything. I still can't get that loan.'' Could you talk a little bit about that? And it seems, Ms. Edelman, you are chomping at the bit to get at it, so why don't you go ahead. Ms. Edelman. Yes. No, I am glad that you raised the question, and I think that this is worth discussing, because-- Mr. Vargas. That is why I mentioned it. Ms. Edelman. Yes. In the housing market right now, credit is tight with respect to mortgages, but it has very, very little to do with Dodd-Frank. Last week, the Urban League hosted an event with civil rights groups, consumer groups, and two mortgage banking organizations, and all of them agreed on four major problems that are keeping access to credit too tight for most Americans. Number one, GSE pricing. Right now there is a 350-basis- point difference between someone who applies for a loan at the higher end of the spectrum versus the lower end of the spectrum. If you have below a 700 credit score, you are not really going to get a loan that is bought by Fannie or Freddie. That is number one. Number two is an issue around FHA and the funding that it has available to really finish what is called the taxonomy to help mortgage lenders understand sort of the rules of the road. There are some enforcement and regulatory issues on the FHA side that people are working on already on a bipartisan basis. Number three is around credit score models. Right now your credit score is one of the major determinants of whether you can get an access to a loan. There are a lot of problems, and they are not all that representative of your credit risk. Finally, the final issue that they all agreed on was that we need more resources to help get borrowers, people who want to buy homes ready for home ownership. That means help with downpayments. That means help repairing credit, because we just came out of a major crisis and recession, and it takes a while to repair the credit. So there are a host of issues that are keeping our mortgage market from being accessible, but Dodd-Frank does not appear to be one of them. Rev. Gable. Congressman, in the area--and you are correct-- of small dollar loans, there is that need. Now, we have attempted to close that vacuum with churches and our nonprofits. In concert with credit unions, they are making small dollar loans. Catholic Charities, National Baptist is establishing a national Federal credit union model, that we will hope to do that also, working with another Federal credit union to do small dollars. It certainly has been our efforts through Faith and Credit Roundtable and Faith for Just Lending to talk with community banks to get back in the business of these smaller dollar loans. Let me just say this: Those who are trying to get small dollar loans, it would be okay if the payday lenders who were doing it and the borrower was getting the same rate that the military gets, 36 percent. I believe that what is good for the military ought to be good for America. Mr. Vargas. My time has expired, unfortunately, but I was going to ask--thank you. Thank you, Mr. Chairman. Mr. Hollingsworth. The Chair now recognizes the gentleman from Texas, Mr. Green, the ranking member of our Oversight and Investigations Subcommittee. Mr. Green. Thank you, Mr. Chairman. I thank the ranking member as well. I especially thank her, because this panel is really what America looks like. And this is a rare occasion for us here in the Financial Services Committee. So I thank all of you for being here today. When we talk about homes being lost, we sometimes don't understand the pain associated with the loss. Suffering can teach you that which you can learn no other way. I saw the suffering. I saw the people who were evicted from their homes. But they were evicted also from their dreams. Their children were evicted from the schools that they were attending. It was about more than a house. Many of these people had just purchased the home of their dreams, and many of them purchased that home based upon representations that were made to them by the person who helped them with the loan, that caused them to buy more than they could afford, when they qualified for less. They qualified for 5 percent, and they got homes for 8 percent, 9 percent, even higher. And the person who sold them the loan for 9 percent got a kickback. They have a pleasant way of saying it, called the yield spread premium, but it was a kickback. It was a bait-and- switch scheme that allowed brokers to qualify people for 5 percent, smile in their faces and shake their hands, and say, ``Good news, you have a loan for 10 percent,'' and never tell them. In a righteous world, that would have been a crime. And the truth is this: We are about to go back to a circumstance that will allow this to happen again, and it won't be a crime. People will be taken advantage of. I remember the circumstances were so bad such that banks would not lend to each other. They declined to accept the credit from each other. And at that time, there was something called proprietary trading, which means that the banks could take the deposits from hardworking Americans and move them over to the investment side and go out on Wall Street and gamble. And if you win, great, you get to keep the profits. Who is the ``you'' in this statement? The people who were making the investments, not the people who had the deposits in the bank. I don't believe that most Americans would think that it is appropriate to take the money that they deposit in a bank, allow that to go over to the investment bankers and let them gamble on Wall Street, and if they win, they get to keep the profits, and if they lose--by the way, those funds are FDIC- insured. And they are FDIC-insured because at the time this was done, in 1933, I believe, or thereabouts, the deal that they cut was that if we allow the FDIC to insure these banks, you will have a firewall called Glass-Steagall, and Glass-Steagall will prevent the deposits from being used to gamble with on Wall Street. That was the deal that was cut. The deal was broken, and we are about to break it again, because we are going to rid ourselves of the Volcker Rule with this Bad Choice Act, which is the wrong choice. So I saw the pain and the suffering. And my hope is that by some miracle the Senate will stop what the House is about to do, because the Senate is a bit more deliberative and they have different rules. But as you can see, the folks who are about to do this are not really concerned, because they are not here today. God bless them, I love them all, but I have to tell the truth. This is almost an insult to what we are trying to accomplish. And I hope that the camera is constantly panning the other side so that people can see the lack of interest in what we are trying to accomplish. I don't have a question. I thank you, Mr. Chairman. And I yield back my time. Mr. Hollingsworth. The gentleman yields back. The Chair now recognizes the gentleman from Nevada, Mr. Kihuen, for 5 minutes. Mr. Kihuen. Thank you, Mr. Chairman. And thank you to the ranking member as well for bringing us all together. And thank you all for your presentations and being here to speak truth to power. It is very disappointing, looking at the other side, that only one of my colleagues from the other side of the aisle chose to be here to listen to your testimony. I wish that they would visit my district. As you all know, Nevada was one of the hardest hit States in the country. Las Vegas was even harder hit. And my congressional district had the highest foreclosure rate in the country. And as we speak, people are still losing their homes. And it is disappointing that I am coming here to Congress as a freshman to work in a bipartisan manner, to reach across the aisle to come up with solutions to keep my constituents in their homes, that we are going back to some of the same regulations that put them in a financial crisis to begin with. And this bill is going to do just that. Look, I am more than happy to sit down with the other side and come up with solutions, but when we can't even get them at the table, it is very disappointing. How do you go back to your constituents and explain to them that they are losing their home, yet they are not doing anything to try to help keep them in their home. So it is disappointing, but nevertheless, I appreciate each and every one of you for being here, for helping my constituents stay in their homes and for continuing to fight on behalf of the hardworking people who are still trying to make ends meet here in our country. I do have a question. Ms. Edelman, what kind of important housing reforms contained in Dodd-Frank would this bill, the wrong choice act, undermine? Ms. Edelman. The bill would undermine many of the protections put in place to prevent predatory mortgage lending. So after the crisis and after there were millions of predatory loans made, Congress put commonsense laws in place like, for instance, a lender needs to evaluate a borrower's ability to repay a loan before making it. They also put in place incentives to try and get lenders to make loans without high fees and risky features. So overall they encourage a more affordable lending environment, and the wrong choice act basically would gut, would undermine some of those new rules, in particular the qualified mortgage rule. As I mentioned in response to an earlier question, it would allow banks to get sort of this--it would get legal liability protection on any loan even if it has risky features as long as they hold it on portfolio, which we HAVE found time and time again is not a reliable strategy. It makes manufactured housing consumers more vulnerable. In addition to all of the large systemic issues that my colleagues have spoken to, it turns it back to a day where there was less trust between a buyer and a lender when you go into a bank. The Dodd-Frank Act has helped to reestablish some of that trust, and this proposal would really turn the clock back to the day where you don't want to send your mother or your kid or your grandmother in to get a mortgage loan. Mr. Kihuen. So is it fair to say that if this bill passes, we could potentially be facing another financial crisis in this country, and particularly a housing crisis in Nevada in my congressional district? Ms. Edelman. I think that is right. I think that most of my colleagues would agree that this bill, that this proposal would put the United States financial system in a precarious situation, similar to where it was right before the crisis, and it would really undermine the stability of our housing market. And home ownership, as you know, is really the path to wealth for most families, it is where most of them have their family wealth, and we don't want to gamble with that, and this would gamble with that. Mr. Kihuen. When you talk about the American Dream, it entails owning a home, a car, having a good job, getting your kids a good education. When you spend all your savings in purchasing that home and because of the bad laws that we are passing here in Congress you end up losing your home, and then we are here in Congress and we are not even coming up with solutions to try to keep them in their homes, that is incomprehensible to me. Ms. Edelman. That is right. And one thing to build on that is that in the crisis many people who got predatory loans were people who had owned their homes for decades, they had built equity in their homes, and they were tricked into refinancing into high interest rate loans that stripped them of their wealth. So it wasn't just people chasing after the American Dream, it was people who had achieved the American Dream and were in a position to pass that equity down to their kids, and they got derailed. Mr. Kihuen. Thank you. Mr. Chopra. If I could just add that you see closely the physical look of boarded-up homes, of abandoned property due to foreclosure, but I think sometimes we forget the invisible wounds that are everywhere. When your child has to change a school and sit alone at the lunch table. When your kids are having a tough time sleeping because they see you worrying about your finances. When you have to lose the neighbor who is helping take care of your mom later. These wounds are scars, and they don't go away easily, and we can't forget them. Mr. Hollingsworth. The gentleman's time has expired. The Chair now recognizes the gentleman from Florida, Mr. Crist, for 5 minutes. Mr. Crist. Thank you very much, Mr. Chairman. And I want to especially thank the ranking member. She made this hearing possible. So God bless you and thank you very much. Democrats are united under her leadership to protect all Americans from the wrong choice act and having to relive one of the worst financial crises in our Nation's history. I also want to thank the witnesses for agreeing to testify on such short notice. Thank you for your kindness. As Governor of Florida, which, as you know, was ground zero for the foreclosure crisis, I witnessed firsthand how the policies that led up to the crisis hurt families, hurt my neighbors, hurt my friends in my hometown of St. Petersburg. Imagine for a moment playing by the rules as you know them, achieving a certain level of success, eventually you buy a home, you achieved the American Dream, only to have it ripped out from under you. You lose everything. No appeals. No second chances. Nothing. The financial crisis took $17 trillion of wealth away from the American people, from families, from children, from grandparents. I never want to see that happen again ever. So I have a question. Ms. Liner, knowing all that we know about the crisis and what caused it, if the Dodd-Frank Wall Street Reform Act had been the law of the land in 2001, would it have prevented the crisis, in your view? Ms. Liner. Thank you for your question. What is really important about the Dodd-Frank Act is that it is proactive, it looks toward the future, about how can we make our banking system stronger, because we can reduce the likelihood of a crisis, and if we can reduce the amount of losses, whether they are financial or social losses, as we have spoken to both today, then we can prolong economic growth. I hesitate to speculate if Dodd-Frank could have stopped the crisis, because it is hard to say, but Dodd-Frank would have lessened-- Mr. Crist. Let me rephrase, then. Is it less likely that we would have had the crisis if Dodd-Frank were already in effect? Less likely. Ms. Liner. I feel that we could say we could have reduced the probability that a crisis would have occurred and we could have reduced the losses that would have occurred in the crisis. Mr. Crist. If it had already been the law. Ms. Liner. If it had already been the law. Mr. Crist. Thank you. Professor Coffee, same question. Would Dodd-Frank have prevented the crisis? Mr. Coffee. I can't tell you it would have. Mr. Crist. I can't hear you. Sorry. Mr. Coffee. It would have armed regulators so they could have acted, if they had the courage and the foresight to do so. I think you would have had to take action by the beginning of 2008, well before Bear Stearns failed, and it could have been stopped, but I don't know that it would have been. It depends on human beings. Mr. Crist. Right. Mr. Randhava. If I could add to that. It would have provided a more streamlined place when it came to other concerns that groups like ours had about mortgage products that were out there with so many different regulators. Much to her credit, former FDIC Chairwoman Sheila Bair really did a good job of hearing us out, but when there were multiple regulators dealing with consumer protection, there was not a whole lot she could do single-handedly. Mr. Crist. All right. Thank you. Ms. Liner, we are here to discuss the wrong choice act. Isn't that right? Ms. Liner. That is correct, Congressman. Mr. Crist. Thank you. Okay, then, knowing all we know about the bill and the financial crisis, if the wrong choice act were the law of the land in 2001, would it have prevented a crisis? Ms. Liner. On that question, I feel much more confident in my response, in that we would have really struggled to contain the losses of the financial crisis. It could have been much worse. Mr. Crist. Okay. Thank you. Professor Coffee, would the wrong choice act have prevented the crisis, in your view? Mr. Coffee. I don't see any way in which the wrong choice act would have prevented a crisis. It would have left us about as exposed as we were at that time. Mr. Crist. Thank you both. That is all I need to know. The wrong choice act ought to be defeated, and it is going to affect real people in a real way. And you alluded to it, sir, in some of your comments, about how this will affect children, their ability to be able to be in a good learning environment, so many things that are many times unseen rather than the more obvious foreclosure on your home that is seen. It has an incredible effect. So God help us. Mr. Hollingsworth. Does the gentleman yield back? Mr. Crist. Yes. I'm sorry. Forgive me. Mr. Hollingsworth. The gentleman yields back. The Chair now recognizes the gentleman from Washington, Mr. Heck, for 5 minutes. Mr. Heck. Thank you, Mr. Chairman. Professor Coffee, I am going to read you a statement and I am going to ask you to reconcile it with the wrong choice act, if you can. The statement is as follows: ``If you are a bank and you want to operate like some nonbank entity, like a hedge fund, then don't be a bank. Don't let banks use their customers' money to do anything other than traditional banking.'' Can you reconcile that statement with the contents of the wrong choice act? Mr. Coffee. No, I don't think I can. Mr. Heck. Do you think the wrong choice act is highly violative of this statement, both in substance and in spirit? Mr. Coffee. You have just created a very prophylactic rule: If you are a bank, don't take a lot of risk. This statute would eliminate most of the risk-restricting provisions like the Volcker Rule, so they are contradictory. Mr. Heck. So if Speaker Ryan, who uttered this statement at a townhall in front of his constituents, votes in favor of the wrong choice act, he will in fact be violating what he said he thought ought to be the policy of this land? Mr. Coffee. I certainly see a tension. Mr. Heck. All right. This next question--I don't know to whom I should address it, so I will ask anyone who has a good answer--relates to an abiding concern of mine. I have the great privilege to represent Joint Base Lewis- McChord, 55,000 people a day report to work there, most of them men and women in uniform. We are acutely aware of being vigilant on their behalf during times of armed conflict, but as our two theaters of armed conflict have declined in size and scope, I tend to think and worry that their welfare recedes from our uppermost thoughts. And indeed, as international tensions has risen, it is a good reminder that we cannot allow that to be the case. One of the features of the Consumer Financial Protection Bureau is the Office of Servicemember Affairs. And I would like to ask anyone who can answer what you think the implication might be to the capacity of the CFPB to educate and protect the men and women who wear the uniform in furtherance of the security of this Nation and its ability, the agency's ability to protect their interest. Mr. Chopra, you look like you are ready to get in, as a former employee of that agency. Mr. Chopra. There is just no question that service members, veterans, and their families have been a target by so many bad actors in the marketplace. And under the leadership of Holly Petraeus and now Paul Cantwell you have seen an aggressive change about how military families are treated. We saw major enforcement actions across all the regulators targeting illegal foreclosures, illegal car repossessions, illegal debt collection, and illegal student lending. And according to a report by the Department of Defense, a major reason for servicemembers leaving service is because of financial issues. Many lose their security clearances because of problems with debt. And the DOD even cites data suggesting that financial stress is a cost not only to increased costs due to retraining of new recruits, but it has real national security implications as well for morale and the strength of the force. We need to make sure that the Military Lending Act, the Servicemember Civil Relief Act, and the CFPB with its dedicated military office, which has been lauded by the senior enlisted leadership of the military, stays intact and is strengthened. Mr. Heck. So it would be fair and accurate for me to surmise from what you just said that you think both our Nation's security and the best interests of the men and women who wear the uniform on our behalf would be diminished by the passage of the wrong choice act? Mr. Chopra. Absolutely. Senior enlisted leaders have made clear that they need the CFPB on their side, and this bill would essentially destroy that agency. Mr. Heck. In the brief time I have left, I want to quote one of my favorite American philosophers, albeit he was Spanish-born, and that is, of course, George Santayana, who said, those who cannot remember the past are condemned to repeat it. Those who cannot remember the past are condemned to repeat it. And if we do not learn the lessons of the Great Recession and its causes, then we will be condemned to repeat them, and passage of the wrong choice act will only hasten the repeat of those very, very painful experiences. Thank you one and all for giving of your most precious commodity, your time, and being here with us today. And with that I yield back, Mr. Chairman. Mr. Hollingsworth. For what purpose does the gentlelady from California-- Ms. Waters. I request unanimous consent to enter into the record a list of 138 groups that are opposing all or part of the CHOICE Act. These are the groups and I would like to enter them into the record. Thank you. Mr. Hollingsworth. Without objection, it is so ordered. The Chair now recognizes himself for 5 minutes to ask questions. Ms. Liner, tell me a little bit about why regulators failed to recognize the crisis in advance or the potential for a crisis in advance? Ms. Liner. Prior to the crisis, we did not have the Office of Financial Research, which was established by Dodd-Frank. Mr. Hollingsworth. We certainly had many other regulators, though. Ms. Liner. We did, but we didn't have a way for them to communicate with each other, because the FSOC wasn't in place. Mr. Hollingsworth. So they knew about it individually and failed to communicate with each other about it? Ms. Liner. The records show, the historical records show that all the regulators were looking at different parts of the financial system, and there was nothing in place for them to communicate. Mr. Hollingsworth. So it begs the question, if they didn't know about it individually and then, I guess, as you say, couldn't share the information about it, why do we think more regulators will uncover these things if the regulators beforehand couldn't uncover them before the crisis? Ms. Liner. Just to clarify, I think that the regulators in their spheres of the financial sector were aware of some of the issues that were bubbling up. It was the interconnectedness that really-- Mr. Hollingsworth. So it is not a matter that you are in favor of the more regulation that Dodd-Frank has put it, you just want to make sure that those regulators are better connected? Ms. Liner. That is one aspect. We support smart regulation, and we think that Dodd-Frank is a modern smart regulation for the financial sector. Mr. Hollingsworth. Tell me a little about, what do you think the total cost to the FDIC of a bank's trading book losses were in reference to the Volcker Rule. Because we hear a lot about from committee members and others that say that banks used deposits to then make bets, and when, in fact, it was the loan books that caused the significant amount of losses in each institution and it was not their trading books, in fact, at all. Can you specify how much the FDIC lost because of trading books of various institutions? Ms. Liner. I don't have that information in front of me, but I would be happy to look it up and submit it for the record. Mr. Hollingsworth. Please do. I think when you look it up, you will find that it was zero. In fact, zero FDIC dollars were mobilized because of the losses in trading books, but instead because of the immense losses in loan books. And I don't think we are asking banks to get out of the loan business because they made mistakes in their loan books, are we? Ms. Liner. We, in fact, are hoping that banks continue to loan to consumers. Mr. Hollingsworth. Right. Ms. Edelman, earlier today, you talked about the inability of certain people with lower credit scores or who don't meet certain requirements to get loans. Could you expand upon that a little bit? Ms. Edelman. Sure. Right now the average credit score for a loan that is purchased by Fannie Mae or Freddie Mac is about 740, which is significantly lower than the national average, which is under 700. Mr. Hollingsworth. Right. Can you help me understand how the Dodd-Frank bill addressed that concern and enabled and empowered more individuals of moderate means to get loans? Ms. Edelman. The GSE's have made a decision to price credit in this way. It doesn't have anything to do with Dodd-Frank. Mr. Hollingsworth. Got it. So when I think about getting credit out to small businesses and I think about getting credit out to individuals of moderate means, right, I would want to ensure that there was a lower spread between those that have higher credit scores and lower credit scores, right? Ms. Edelman. Correct. Mr. Hollingsworth. I think that is what you were pushing for before. And how do we do that? Ms. Edelman. I think that that is largely within the authority of the Federal Housing Finance Agency and the GSEs themselves, so I think that is a conversation to have with them. They have set the price-- Mr. Hollingsworth. So the answer is more government price controls, not getting more capital into the market so that we can get individuals loans that they need in order to service their businesses? Ms. Edelman. Currently, the only reason we have private capital and that we have liquidity in the mortgage market is because of Fannie Mae and Freddie Mac. Mr. Hollingsworth. Yes, a problem that Republicans on this committee are definitely trying to solve to ensure that we get private capital back into the markets. I guess my last question is--I am certainly not a believer in perfect legislation, and someone else mentioned that as well--what are the issues with Dodd-Frank? What would you change about Dodd-Frank today? Ms. Edelman. Is that question directed to me or to anyone? Mr. Hollingsworth. Well, actually to the entire panel. Ms. Edelman. Okay. Mr. Hollingsworth. I guess the silence means everybody thinks Dodd-Frank is absolutely perfect? Ms. Edelman. I will kick it off. I think that there is an ongoing process with regulators to make sure that regulations are tailored in a way that works to banks. In the mortgage space, most of the things that need to be done, as I mentioned before-- Mr. Hollingsworth. So we are counting on regulators to cut their own power and their own reach and the bureaucracy to shrink itself instead of Congress to take upon the responsibility to trim back the bureaucracy-- Ms. Edelman. No. We are counting on them to do their job and to make sure that they are responding to what is happening on the ground. Mr. Hollingsworth. You mean the job that they did right before the crisis in ensuring that they found the crisis and they told everybody about it? Ms. Edelman. The CFPB wasn't around for the crisis. Mr. Hollingsworth. So it is the new regulator that we need and these new individuals are going to do it? Those are all the questions I have. I yield back. Ms. Jackson. I was going to say, I would just add that it is about preventing a regulatory patchwork, one of which we have seen before, and the pitfalls of having such. I think the CFPB in its current form, as independent as it is currently in its current being, allows for it to have the enforcement that it needs, the leverage that it needs to take on the actors that-- Mr. Hollingsworth. We can definitely agree that the regulatory patchwork has been a serious problem for the financial sector and certainly held back the amount of economic growth that we can have. I have heard time and time again from witnesses that because loan amounts are up or because economic growth is not zero, then suddenly that is a testament to Dodd- Frank adding economic growth, when in fact the counterfactual isn't zero economic growth, but should be the economic growth we thought would occur, especially coming out of such a deep recession. I thank all the witnesses for their time. 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. This hearing is hereby adjourned. [Whereupon, at 12:44 p.m., the hearing was adjourned.] A P P E N D I X April 28, 2017 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]