[Congressional Record Volume 161, Number 53 (Tuesday, April 14, 2015)]
[House]
[Pages H2194-H2197]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PRESERVING ACCESS TO MANUFACTURED HOUSING ACT OF 2015
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of the bill (H.R. 650) to amend the Truth in Lending Act
to modify the definitions of a mortgage originator and a high-cost
mortgage, will now resume.
The Clerk read the title of the bill.
Motion to Recommit
Ms. MAXINE WATERS of California. Mr. Speaker, I have a motion to
recommit at the desk.
The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
Ms. MAXINE WATERS of California. Yes, I am opposed to the bill in its
current form.
[[Page H2195]]
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Ms. Maxine Waters of California moves to recommit the bill
H.R. 650 to the Committee on Financial Services with
instructions to report the same back to the House forthwith,
with the following amendment:
Add at the end the following:
SEC. 4. PROTECTING CONSUMERS FROM EXCESSIVE HOUSING COSTS AND
PREDATORY LENDERS.
No person or lender that has been found to have engaged in
unfair, deceptive, predatory, or abusive lending practices,
or convicted of mortgage fraud under Federal or relevant
State law may make use of the amendments made by this Act.
Mr. HENSARLING (during the reading). Mr. Speaker, I reserve a point
of order.
The SPEAKER pro tempore. A point of order is reserved.
The Clerk will read.
The Clerk continued to read.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California is recognized for 5 minutes in support of her motion.
Ms. MAXINE WATERS of California. Mr. Speaker, this is the final
amendment to the bill which will not kill the bill or send it back to
committee. If adopted, the bill will immediately proceed to final
passage as amended.
I know Democrats and Republicans don't agree on much, but there is
one thing we can be united in saying. It is that we should not reward
criminal behavior.
{time} 1715
We cannot let people who are out there making obscene profits by
ripping off low-income Americans use that money to buy influence that
rolls back consumer protection laws.
That is why I am introducing this amendment that bans bad actors from
receiving any benefit from these new provisions. If the House accepts
this amendment, companies that break the law will not be rewarded by
being handed a weaker set of standards.
These weaker standards do away with a number of protections current
law affords to high-cost loans. They include stiffer penalties for bad
actor lenders and additional disclosures for investors and consumers
who purchase high-cost mortgages, as well as mandatory counseling so
borrowers know what they are getting into and even the ability of
borrowers to have their loans rescinded if lenders don't follow the
law.
We know it is needed because we know there is fraud out there. I have
submitted for the Record an investigation by The Seattle Times and the
Center for Public Integrity, which, while shocking, is not in the least
bit surprising to those of us who have been paying close attention to
the predatory practices that often plague low- and middle-income home
buyers. The article details a wide array of unfair, deceptive,
predatory, and abusive lending practices, such as housing manufacturers
steering low-income borrowers into expensive, high-interest financing
arrangements with companies that they also own.
If this amendment were to pass today, any company that engaged in
this kind of practice or any company that was convicted of mortgage
fraud under Federal or State law would be prohibited from taking
advantage of these loosened standards.
Some may argue that, like current law, this amendment will hurt the
industry. I am not concerned. The Manufactured Housing Association for
Regulatory Reform found that 2014 marked the fifth consecutive year of
annual industry production increases. Meanwhile, mobile home
manufacturing giant Clayton Homes, owned by Berkshire Hathaway,
profited to the tune of $558 million in 2014--more than double its
earnings from just 2 years earlier.
This amendment is for veterans like Dorothy Mansfield, who should be
honored for her sacrifice to this country. Instead, she was targeted
just 18 months after being steered into a predatory market she couldn't
afford. Mansfield was facing foreclosure. It is for Active-Duty
servicemembers whose homes were illegally foreclosed upon while they
were battling overseas, or for their families who were overcharged as
they remained at home. It is for low-income borrowers who, like all of
us, are at a disadvantage when they negotiate their first home loans
with companies that have probably negotiated hundreds just that week.
For many, the American Dream of homeownership has turned into a
nightmare as they determine how to put food on the table and gas in the
car while dealing with the loans that they have been steered into but
cannot afford.
So, if we are going to remove these basic protections for veterans
and servicemembers, for low-income borrowers, and for many others,
let's at least do everything we can to protect them from the predators
and the fraudsters we have learned about. I urge my colleagues to
support this amendment.
I yield back the balance of my time.
Mr. HENSARLING. Mr. Speaker, I withdraw my reservation of a point of
order.
The SPEAKER pro tempore. The reservation of the point of order is
withdrawn.
Mr. HENSARLING. Mr. Speaker, I claim the time in opposition to the
gentlewoman's motion.
The SPEAKER pro tempore. The gentleman from Texas is recognized for 5
minutes.
Mr. HENSARLING. Mr. Speaker, I am just now seeing this motion to
recommit, but there are a number of areas that, frankly, make very
little sense to me.
The motion to recommit uses the phrase ``has been found.'' I don't
know what that means. The CFPB can enter into consent orders. Does that
mean this has been ``found''? Often, consent orders are entered into
without any admission of liability or culpability.
Next, we have the term ``predatory.'' We won't find this term
otherwise in title X of Dodd-Frank. What does it mean? We don't know
what it means.
How about ``abusive''? We know the CFPB is at least charged with
coming up with a definition. They have not come up with a definition
yet.
We have been told that some practices that might be totally legal for
the market for some consumers might be abusive to others. What does
that mean?
Again, Mr. Speaker, what we are trying to do here is help low- and
moderate-income Americans have the housing opportunities that the rest
of us have.
What we really ought to be on guard against are predatory voting
practices that deny people their ability to live in a mobile home. What
we really ought to be targeting is abusive voting practices that deny
people lower closing costs in order to deal with points and fees from
affiliated firms. That is what we really ought to be on guard for, Mr.
Speaker.
I would urge all Members to reject this motion to recommit.
Regrettably, it is just one more method by which the left will say that
they are trying to help the poor, beleaguered consumers, except, again,
they are going to protect them right out of their homes. They are going
to assault their fundamental economic liberties. They are going to take
away their choices.
True consumer protection comes from having competitive, innovative,
transparent markets that are accessible to all Americans--equal
opportunity to access these markets and then vigorously police them for
force and fraud and deception. Do not trample on the basic freedom of
the American consumers to choose the mortgages that are right for their
families. That is wrong, Mr. Speaker. It is unfair. It is economic
injustice. It is predatory legislating. It is abusive legislating. It
has to stop here. Let's reject the motion to recommit.
I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Ms. MAXINE WATERS of California. Mr. Speaker, on that I demand the
yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule
XX, this 15-minute vote on the motion to recommit will be followed by
5-minute votes on passage of H.R. 650, if ordered; passage of H.R. 685,
and the motion to instruct conferees on Senate Concurrent Resolution
11.
[[Page H2196]]
The vote was taken by electronic device, and there were--yeas 184,
nays 239, not voting 8, as follows:
[Roll No. 150]
YEAS--184
Adams
Aguilar
Ashford
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Duckworth
Edwards
Engel
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hastings
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson, E. B.
Jones
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Speier
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NAYS--239
Abraham
Aderholt
Allen
Amash
Amodei
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Culberson
Curbelo (FL)
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Duffy
Duncan (TN)
Ellmers (NC)
Emmer (MN)
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jordan
Katko
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaMalfa
Lamborn
Lance
Latta
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Price, Tom
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Ryan (WI)
Salmon
Sanford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOT VOTING--8
Bass
Duncan (SC)
Ellison
Johnson (GA)
Joyce
Ruiz
Smith (WA)
Weber (TX)
{time} 1748
Mr. CONAWAY, Mrs. MIMI WALTERS of California, Messrs. SHUSTER,
WITTMAN, REICHERT, LUETKEMEYER, MEEHAN, and FORTENBERRY, and Mrs. BLACK
changed their vote from ``yea'' to ``nay.''
Messrs. SIRES, CLYBURN, ASHFORD, SWALWELL of California, and RUSH
changed their vote from ``nay'' to ``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. FINCHER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 263,
nays 162, not voting 6, as follows:
[Roll No. 151]
YEAS--263
Abraham
Aderholt
Allen
Amash
Amodei
Ashford
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carney
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Clay
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Cooper
Costa
Costello (PA)
Cramer
Crawford
Crenshaw
Cuellar
Culberson
Curbelo (FL)
Davis, Rodney
DeFazio
Delaney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Duffy
Duncan (TN)
Ellmers (NC)
Emmer (MN)
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jordan
Joyce
Katko
Kelly (PA)
Kind
King (IA)
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Knight
Labrador
LaMalfa
Lamborn
Lance
Latta
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Meeks
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Moulton
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Peters
Peterson
Pittenger
Pitts
Poe (TX)
Poliquin
Polis
Pompeo
Posey
Price, Tom
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (NY)
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Ryan (WI)
Salmon
Sanford
Scalise
Schweikert
Scott, Austin
Scott, David
Sensenbrenner
Sessions
Sewell (AL)
Sherman
Shimkus
Shuster
Simpson
Sinema
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NAYS--162
Adams
Aguilar
Bass
Beatty
Becerra
Bera
Beyer
Blumenauer
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
[[Page H2197]]
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Conyers
Courtney
Crowley
Cummings
Davis (CA)
Davis, Danny
DeGette
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Duckworth
Edwards
Engel
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hastings
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson, E. B.
Jones
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meng
Moore
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Payne
Pelosi
Perlmutter
Pingree
Pocan
Price (NC)
Quigley
Rangel
Richmond
Roybal-Allard
Ruppersberger
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Serrano
Sires
Slaughter
Speier
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--6
Duncan (SC)
Ellison
Johnson (GA)
Ruiz
Rush
Smith (WA)
{time} 1755
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________