[Congressional Record Volume 156, Number 53 (Thursday, April 15, 2010)]
[Senate]
[Pages S2334-S2335]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FINANCIAL REFORM
Mr. CORKER. Madam President, I come to the floor today to talk about
financial reform. I know we have a number of issues before the body
right now, and it will be a couple of weeks, maybe 3, before this body
takes up what I think is a very important piece of legislation,
financial reform.
It is something the Banking Committee has been having hearings on now
for about a year and a half. It is an issue that I think is very
important to our country and Americans from all walks of life. At
present, the bill that has come out of the committee is a partisan
bill. It came out of committee on a 13-10 vote; came out of committee,
believe it or not, a 1,336-page bill, came out in 21 minutes with no
amendments, on a party-line vote and no debate.
I could talk a lot about this function and activities on both sides
of the aisle that may have put us where we are today. But the fact is,
we have a very important piece of legislation that is getting ready to
come before this body. It is one I believe we need to deal with in a
bipartisan way.
The stated reason by the chairman of the committee as to why we
handled the bill the way we did in committee a few weeks ago--not to
have amendments, not to debate the bill--was to, after the bill came
out of committee, negotiate a bipartisan bill before it came to the
floor and then have a debate on some of the smaller issues.
There has been a lot of rhetoric flying around here over the last
couple of weeks, some of which came from the White House, some of it
came from the Democratic leadership, some of it came from our side of
the aisle. It is evident that what is happening right now, instead of
seeking a real bipartisan bill, what is happening is, one member, two
members, two members on the Republican side are being reached out to to
try to snag somebody and to make that, in fact, a bipartisan bill.
That is not my understanding of what a good bipartisan bill is. That
certainly was not my understanding as to why the Banking Committee
handled the bill the way we did. Again, I want to say one more time, a
1,336-page bill, coming out of committee in 21 minutes with no
amendments.
The reason that was done, or the stated reason, was so the two sides
would not harden against each other, and that before the bill actually
came to the floor, we would reach a true bipartisan amendment.
I came here to try to solve problems for our country and put in place
good policy. I think everybody knows I have worked hard, along with
others on our side of the aisle, to reach a real, solid, good
bipartisan bill, a bill that ends too big to fail. I think everybody in
this country, on both sides of the aisle, of all walks of life, wants
to expunge from the American vocabulary the fact that any company in
this country is too big to fail.
The bill that has come out of committee tried to address that. There
are many good provisions in the bill under the title of ``Orderly
Liquidation'' that deal with that. But what happened at the very end
was, as one would expect, Treasury got involved, the FDIC got involved.
They wanted to create some flexibility for themselves, as any agency or
administration wishes to have. But in creating that flexibility, that
foam on the runway, as some would call it, what has happened is we
actually have a bill that does not end too big to fail.
It is my belief--and I had a colloquy with my friend from Virginia
yesterday, Senator Warner--that we could solve that in about 5 minutes.
Maybe that is an exaggeration, maybe it is 15, maybe it is 30.
But the fact is, there are provisions that we know could fix this
piece of legislation so that it ends any chance of a company seeping
through, if you will, and actually being bailed out. My guess is, if we
again sat down as adults we could solve that problem. As a matter of
fact, I think some of that activity, some of those discussions actually
began yesterday.
I think all of us want to make sure that consumers are protected.
There is no question, both sides of the aisle understand that in many
ways there needs to be more transparency, there needs to be more
accountability.
I had some great negotiations with Senator Dodd from Connecticut. We
reached a middle ground. I will say that again. We reached a middle
ground. We had an understanding that leadership on our side of the
aisle was in agreement with. What I would say is let's get back there.
Let's get this consumer protection, let's get this new agency back in
the middle of the road, let's protect consumers, and let's make sure at
the same time that it does not undermine the safety and soundness of
our financial system. We can do that. We can do that in 2 or 3 or 4
days. It can be done. It is not that complicated. We have worked
through many of the issues.
On to revenue. I could not agree more that we need to make sure that
we use, to the extent we can, a clearinghouse to make sure when
companies are trading in derivatives, and they are money baths at the
end of the day, they settle up. They get back into a position where
they are even. They put up collateral. They put up cash to make sure
they are not money baths, so that we do not end up in the same position
we were when AIG had not done that, had not trued up on a daily basis,
and they found themselves with huge liabilities that they could not own
up to which destabilized our financial system.
[[Page S2335]]
That is not where we need to be. But we know what we need to do.
Look, this is a very complex piece of legislation. There is no doubt.
It is intellectually challenging to try to work through it and try to
make sure that you do not have unintended consequences by not fully
seeing what a piece of legislation or a sentence may do.
But the fact is, we can do this. This is not that heavy. It is my
understanding that the chairman of the Banking Committee plans to bring
this bill forward on April 26, maybe a week later. It is my
understanding we may deal with some other issues. Maybe it is the first
week of May.
What I would say to everybody in this body, and anybody who may be
watching, is we can easily reach a bipartisan consensus on this. We
have to have the ability to sit down and do that.
I consider it not a good-faith effort to, instead of sitting down
with many of the principals who have been involved in this from day
one, the chairmen and ranking members on the committees, instead of
sitting down and creating a template--it doesn't have to address every
single issue but a template on the floor that deals with it--instead of
doing that, reaching out and trying to find one person to come over, I
don't consider that a good-faith effort. I am sorry. I hope that type
of activity will end. That is not what has been stated as to how we can
reach a bipartisan bill.
Let me go back to the template. This is complex, this piece of
legislation. To me what we need to do is sit down together. We could
have it done in a week. We need to sit down together and work through
the main issues in this template. Let's deal with derivatives, with
consumers. Let's deal with systemic risk and orderly liquidation. There
will be issues of Members on our side of the aisle where there is no
way we could reach agreement on in our own caucus, and I know there are
issues on the other side of the aisle on which their caucus will not be
able to reach agreement, having to do with governance, some of the
security issues that may exist in title IX. Let's debate those issues
on the floor. My guess is that if we did that, there are going to be
some amendments adopted that I don't think are particularly good ideas.
There will be some amendments adopted that my friends on the other side
of the aisle would not think are particularly good ideas. But at the
end of the day, we would have come to the floor with a template that on
the big issues we have reached bipartisan agreement, and then we could
have amendments to debate on the floor, some of the other issues that
may delve down into details that don't necessarily change the entire
bill but address issues that Members in this body think are important.
I consider it an honor to serve in this body. I have enjoyed this
more than any issue we have dealt with, trying to reach a consensus on
this financial regulation bill. There is plenty of fault to go around
on both sides that does not need to be rehashed at this moment. The
fact is, we are where we are. We are getting ready to deal with a major
piece of legislation. There are numbers of people on both sides of the
aisle who have spent a lot of time trying to understand the
complexities of these issues. I am proud of the work Members on both
sides of the aisle have done to try to understand these issues in a
real way. Let's get those folks together. Let's sit down and work out
the template. Let's bring a real bipartisan bill to the floor, not a
bill where they go out and make a deal with one person and bring them
over, and maybe there are other things going on at the same time. That
is not what I call a bipartisan bill. Let's bring it to the floor.
Let's debate it. Let's do what the people all across this country have
elected us to do. Let's come to the floor and act like adults. Let's
tone down the rhetoric. Let's don't exaggerate the pluses or the
minuses.
Let's do what the Senate was created to do. We were supposed to be
the cool heads. We were supposed to be the people who took some of the
red-hot activities that sometimes come from the other body and sat down
with cooler heads and resolved the issues like adults. We can do that.
As a matter of fact, I would say, if we cannot do that on financial
regulation, an issue that doesn't have any real philosophical bearings
to it--there are some differences in points of view, but at the end of
the day, we all want to make sure we address financial regulation in an
important way, that we do what we can to alleviate risk in the system
without stifling innovation.
I think everybody still wants this country to be the world leader in
financial innovation. But we want to do so in a manner that doesn't
create risk, that doesn't upset our economy, that doesn't have periods
of time where we have such risk and instability that people are
unemployed. We all want to do that.
I say to my friends on the other side of the aisle, I believe a
commitment was made. I took it as a real commitment that after this
bill came out of committee, we were going to sit down like adults and
reach a bipartisan agreement on a template that would be brought to the
floor and debated. I took that as a commitment. I expect that
commitment to be honored. I look forward to that process beginning.
I yield the floor and suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mrs. HUTCHISON. I ask unanimous consent that the order for the quorum
call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
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