[Congressional Record (Bound Edition), Volume 156 (2010), Part 5]
[House]
[Pages 7175-7178]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         COMMERCIAL REAL ESTATE

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from California (Mr. Calvert) is recognized for 5 minutes.
  Mr. CALVERT. Mr. Speaker, tonight I want to discuss an important 
issue that is significantly impacting our economy but has not received 
nearly enough attention and action by the administration and this 
Congress. If the issue is not addressed, it will continue to drag down 
and harm our already shaky national economy.
  I am referring to the deterioration of the commercial real estate 
sector. Now, when I speak of commercial real estate, I am talking about 
properties that can be found in every community in America: retail 
properties, office space, industrial facilities, hotels, and 
apartments. Similar to the residential real estate crisis we 
experienced, the commercial real estate market faces significant 
strains as a result of declining property values, refinancing 
difficulties, and economic uncertainty.
  Commercial real estate values throughout the United States are 
collapsing, going down as much as 40 to 50 percent in some regions. We 
have seen this happen in parts of southern California, in my own 
congressional district. I know we have seen it in many other parts of 
the country from New York to Idaho and Nevada to Florida. Most experts 
predict that the declining trend in commercial real estate values will 
continue through 2011 and 2012.
  Many economists are concerned by this trend because the health of our 
commercial real estate market has a direct and lasting impact on the 
stability of thousands of small businesses, and small and midsize 
banks, which could result in significant job losses across the country. 
The commercial real estate sector provides more than 9 million jobs and 
generates billions of dollars in Federal, State, and local tax revenue.
  Additionally, many property owners are underwater. An analysis by 
Deutsch Bank indicates that of the almost $1.4 trillion in commercial 
real estate loans that will mature over the next 4 years, as many as 65 
percent will struggle with refinancing, even if they are performing 
loans with payments being made on time.
  The Congressional Oversight Panel, created by Congress in 2008 to 
review the current state of our Nation's financial markets and 
regulatory system, dedicated an entire report to the commercial real 
estate liquidity crisis, entitled ``Commercial Real Estate Losses

[[Page 7176]]

and the Risk to Financial Stability,'' which was released on February 
11 of this year. The report estimates that bank losses alone could 
range as high as $200 billion to $300 billion. The panel wrote, ``A 
significant wave of commercial mortgage defaults would trigger economic 
damage that could touch the lives of nearly every American.''
  This week and next, many of my fellow colleagues in Congress will be 
visited by members of the National Association of Realtors as part of 
their annual meeting in Washington, D.C. They will talk about how the 
commercial real estate market is in the midst of a serious financial 
crisis and share stories of how small businesses across the country 
continue to suffer. Many of my colleagues and economic experts agree 
that the continuing crisis in the commercial real estate market could 
lead to a double-dip recession.
  Due to the growing economic threat of the faltering commercial real 
estate market, I spearheaded a bipartisan effort with my friend from 
Pennsylvania, Congressman Paul Kanjorski, to raise these concerns to 
Secretary Tim Geithner and Federal Reserve Chairman Ben Bernanke on 
January 29 of this year. The letter, signed by 77 of our colleagues, 
called for the establishment of a clear method for measuring the 
effectiveness of recently announced commercial real estate loan 
modification guidance. Furthermore, the letter called on Secretary 
Geithner and Chairman Bernanke to institute metrics that will allow 
banks to more clearly differentiate performing versus nonperforming 
loans in order to treat them appropriately.
  On February 17 of this year, I once again joined Mr. Kanjorski to 
author a letter addressed to the heads of the FDIC, OTC, OCC, and NCUA 
to bring to their attention our concerns and highlight the findings of 
the February 11 Congressional Oversight Panel report on ``Commercial 
Real Estate Losses and the Risk to Financial Stability.'' The letter 
``urged the regulators to work together and work with the Treasury and 
the Fed to minimize the impact this problem will have to our economy.''
  On March 16 Secretary Geithner testified before the House 
Appropriations Committee regarding the fiscal year 2011 budget and 
economic outlook. At the hearing I asked the Secretary directly what 
steps he intended to take to address the liquidity problems in the 
commercial real estate sector. Secretary Geithner's response was, ``We 
have a ways to go to get through the broader adjustment in the 
commercial real estate that is still ahead of us.''

                              {time}  1615

  The administration must take deliberate action to enhance liquidity 
in the commercial real estate market to avoid the derailment of our 
economic recovery. Congress can play a role in advancing solutions by 
closely examining the current status of commercial mortgage market 
liquidity through oversight hearings with Federal Reserve Chairman 
Bernanke and other regulators. I call on the Financial Services 
Committee to hold such a hearing by the summer to reveal the true state 
of this sector of our economy and discuss regulatory and legislative 
fixes. The upcoming field hearing on May 17 in Chicago is a good start, 
but more attention needs to be made. The spotlight of oversight is all 
Congress needs to do at this time--the power to do something about this 
problem is in the administration's hands already.
  In closing, I truly hope the administration will take the necessary 
steps to prevent further economic damage and provide a fix for 
commercial real estate.

                                Congress of the United States,

                                 Washington, DC, January 29, 2010.
     Hon. Timothy F. Geithner,
     Secretary, U.S. Department of the Treasury, Washington, DC.
     Hon. Ben S. Bernanke,
     Chairman, Board of Governors of the Federal Reserve System, 
         Washington, DC.
       Dear Secretary Geithner and Chairman Bernanke: As you know, 
     the financial crisis continues to have a dampening effect 
     throughout the credit markets. The commercial real estate 
     (CRE) market, in particular, continues to experience 
     difficult credit accessibility conditions. Moreover, the 
     scarcity of credit in the $63 trillion CRE sector poses a 
     dangerous threat to our financial system just as our economy 
     has begun to show signs of recovery.
       Earlier this month real estate data provider Trepp 
     announced that the delinquency rate for loans underlying 
     commercial mortgage-backed securities (CMBS) ballooned 500 
     percent in 2009, surpassing 6 percent in December for the 
     first time. Additionally, the CMBS market has all but shut 
     down over the past year making it more difficult for CRE 
     owners to sell or refinance.
       We appreciate the acknowledgement by federal regulators of 
     this situation in October, when the Board of Governors of the 
     Federal Reserve System, along with the Federal Deposit 
     Insurance Corporation, the Office of the Comptroller of the 
     Currency, the National Credit Union Administration, and the 
     Office of Thrift Supervision, issued a policy statement 
     advising financial institutions to extend and/or restructure 
     loans backed by income-producing and/or development 
     properties whenever possible in order to minimize losses as 
     well as to stabilize overall asset values in the communities 
     they serve.
       While the regulatory guidance is a relatively recent 
     occurrence, we remain concerned by early indications that it 
     may not yet be having the desired impact in stabilizing the 
     CRE market. While some properties are in desperate need of 
     modification due to the economic downturn, we are not 
     convinced these loans are being serviced properly or in an 
     efficient manner. Of even more concern, anecdotal evidence 
     suggests that regulators continue to encourage lenders to 
     write down the value of performing loans, whose payments may 
     well be current and, in some instance, even call the loan. 
     This further exacerbates the crisis by creating defaults in 
     properties that were able to meet their debt servicing.
       To ensure the recent CRE loan modification guidance will 
     have a positive and stabilizing effect, and to protect the 
     broader economy from further disruptions, we urge you to 
     establish a clear method for measuring and evaluating its 
     effectiveness. Furthermore, we encourage you to institute 
     metrics to more clearly differentiate performing versus non-
     performing loans as well as any other steps that provide 
     lending institutions with more confidence in assessing CRE 
     loans. We also call upon you to make clear public statements 
     encouraging lenders to continue to make credit available for 
     performing assets as a means of restoring confidence and 
     long-term value in the CRE market.
       In sum, we strongly believe that regulators must take 
     continued steps to mitigate ongoing turmoil in the CRE sector 
     before it becomes a full-fledged crisis, forestalls our 
     economic recovery, and possibly requires additional taxpayer-
     funded capital injections. Consistent with all applicable law 
     and regulation, thank you for the consideration of our views 
     and your attention to these matters.
           Sincerely,
         Paul E. Kanjorski, Judy Biggert, Bill Foster, Dennis 
           Moore, Gary L. Ackerman, Ken Calvert, Chris P. Carney, 
           Joseph Crowley, Luis V. Gutierrez, Sander M. Levin, 
           Steve Israel, Mike McIntyre, Suzanne M. Kosmas, Laura 
           Richardson, Charles A. Wilson, Russ Carnahan, Ron 
           Klein, Jo Bonner, Henry E. Brown, Jr., Andre Carson, 
           Bobby Bright, Steve Driehaus, John Campbell, Ben 
           Chandler, John Lewis, Kathy Castor, David Scott, 
           Shelley Berkley, Donald A. Manzullo, Michael E. 
           McMahon, Dan Burton, Lynn A. Westmoreland, Baron P. 
           Hill, John Culberson, Timothy H. Bishop, James P. 
           Moran, Melissa L. Bean, Carolyn B. Maloney, Glenn C. 
           Nye, Dina Titus, Pete Olson, Bill Pascrell, Jr., Howard 
           Coble, Kay Granger, C.W. Bill Young, Doug Lamborn, Gary 
           Miller, Shelley Moore Capito, Debbie L. Halvorson, Gary 
           C. Peters, Bob Inglis, Jeff Miller, Tim Matheson, 
           Vernon J. Ehlers, Geoff Davis, Alcee L. Hastings, Jim 
           Marshall, Peter Welch, Connie Mack, John A. Yarmuth, 
           Jerry Costello, Ginny Brown-Waite, Cliff Stearns, 
           Patrick J. Murphy, Gerald E. Connolly, Brett Guthrie, 
           Bruce Braley, Ruben Hinojosa, Joe Wilson, Thomas J. 
           Rooney, Rick Larsen, Alan Grayson, Gregory W. Meeks, 
           Robert B. Aderholt, Jim Gerlach, Mike Turner, Edolphus 
           Towns, Chris Lee, Charles Boustany, Jr.
                                  ____



                                Congress of the United States,

                                Washington, DC, February 17, 2010.
     Hon. Sheila C. Bair,
     Chairman, Federal Deposit Insurance Corporation, Washington, 
         DC.
     Hon. John C. Dugan,
     Comptroller of the Currency, Office of the Comptroller of the 
         Currency, Washington, DC.
     Mr. John E. Bowman,
     Acting Director, Office of Thrift Supervision, Washington, 
         DC.
     Hon. Deborah Matz,
     Chairman of the Board, National Credit Union Association, 
         Alexandria, VA.
       Dear Chairman Bair, Comptroller Dugan, Acting Director 
     Bowman, and Chairman Matz: As you are aware, the commercial 
     real estate market continues to face

[[Page 7177]]

     significant strains as a result of declining property values, 
     refinancing difficulties, and economic uncertainty. Some have 
     predicted that these problems have the potential to cause 
     hundreds of billions of dollars in losses as loans come due 
     in the next few years.
       We now write to bring your attention to a recent report by 
     the Congressional Oversight Panel, entitled ``Commercial Real 
     Estate Losses and the Risk to Financial Stability,'' released 
     on February 11, 2010. The report indicates that about $1.4 
     trillion in commercial real estate loans will reach the end 
     of their terms between now and 2014 and that nearly half of 
     these mortgages are currently underwater as property values 
     have declined and continue to do so. The report estimates 
     that losses at banks alone could range as high as $200 
     billion to $300 billion.
       Moreover, the Congressional Oversight Panel found that the 
     impact of massive commercial mortgage defaults could be far 
     reaching:
       ``A significant wave of commercial mortgage defaults would 
     trigger economic damage that could touch the lives of nearly 
     every American. Empty office complexes, hotels, and retail 
     stores could lead directly to lost jobs. Foreclosures on 
     apartment complexes could push families out of their 
     residences, even if they had never missed a rent payment. 
     Banks that suffer, or are afraid of suffering, commercial 
     mortgage losses could grow even more reluctant to lend, which 
     could in turn further reduce access to credit for more 
     businesses and families and accelerate a negative economic 
     cycle.''
       The full report can be found online at http://
cop.senate.gov/reports/library/report-021110-cop.cfm.
       The findings of the Congressional Oversight Panel have only 
     heightened our concerns about the need for the government and 
     regulators to act to mitigate a serious problem before it 
     becomes a major drag on our financial system. Joined by 77 of 
     our House colleagues, we recently sent to Treasury Secretary 
     Timothy Geithner and Federal Reserve Chairman Ben Bernanke 
     the enclosed letter about the impending troubles in the 
     commercial real estate sector. We called upon them to take 
     action to address this problem, and we urge each of you to 
     work together and with them to minimize the impact this 
     problem will have on our economy.
       In sum, thank you for your consideration of our concerns. 
     Please also continue keep us regularly advised of your 
     progress in addressing this serious problem.
           Sincerely,
     Paul Kanjorski,
       Member of Congress.
     Ken Calvert,
       Member of Congress.
                                  ____



   Appropriations Full Committee Hearing on FY2011 Budget & Economic 
      Outlook with Peter Orszag, Tim Geithner, and Christina Romer

                   10:00AM-March 16, 2010, 2325 RHOB

    Hearing Transcript from Rep. Ken Calvert Exchange with Treasury 
        Secretary Tim Geithner on Commercial Real Estate Markets

       Chairman OBEY. Mr. Calvert.
       Mr. CALVERT. Thank you, Mr. Chairman.
       I apologize, I was away for a while. I was on the floor. 
     And this may have been brought up, which is the problem with 
     the commercial real estate sector at the present time.
       As you know, commercial real estate values throughout the 
     United States are literally collapsing, going down as much as 
     40 percent, 50 percent in some areas. And most experts assume 
     that this continuing collapse in commercial real estate 
     values will continue through 2011, 2012.
       Deutsche Bank just did, in a recent study, of about $1.4 
     trillion in outstanding. commercial paper, a significant part 
     of that will come due by 2013. Almost half of it is 
     underwater.
       As you know, a lot of these small and midsized banks are 
     primarily exposed to these commercial loans. And the 
     regulators in day-to-day activities aren't helping much, 
     especially on the performing assets. We have performing 
     assets where people are making their payments, making their 
     tax payments, making their insurance payments, are current, 
     and yet the bank is bringing them in because of appraised 
     values and telling them to come in with a significant capital 
     call, which they can't do in this credit market.
       And what the banks are doing is taking back the property, 
     having to put it in the loan loss side of their ledger, which 
     is taking credit away from these banks, because they don't 
     have the money.
       So what can we do--this wouldn't, from my perspective, cost 
     the government anything. If banks have discretion on 
     performing assets, why aren't the banks given discretion to 
     footnote that these assets--and they are assets--are current 
     and can be treated as an asset rather than a liability on the 
     balance sheet?
       Secretary GEITHNER. You are right about the problem, and 
     you are right that we have a ways to go to get through the 
     broader adjustment in commercial real estate that is still 
     ahead of us. And we discussed it a little bit when you were 
     away, but I think, again, the two most important things we 
     can do in this area is to make sure that small community 
     banks, which have a lot of commercial real estate exposure, 
     have the ability to come take capital from the government to 
     help make sure they don't have to cut lending further to 
     their business clients.
       But, also, we can--and we have been continuing to work with 
     the bank supervisors, so they are providing guidance to their 
     examiners and that message gets out across the country that 
     they don't, frankly, overreact, overreact to decline in the 
     value of collateral and they look at the broader cash flows, 
     earnings potential of the company as a whole, as they are 
     looking at loan classification decisions.
       Mr. CALVERT. I have a limited time. If the gentleman would 
     let me reclaim my time.
       I will tell you, in the real world right now, I know of 
     people who have shopping centers, 100 percent full shopping 
     centers, paying their bills, and yet they are still getting 
     capital calls on those loans, which makes zero sense.
       Secretary GEITHNER. No, I think you are right. I hear these 
     stories across the country. I think you are right to 
     emphasize them. And I just need to underscore that the bank 
     supervisors, which are independent of the Treasury--I don't 
     have the capacity to direct what they do, in this case--are 
     working to provide a little bit more balanced guidance to 
     lean against just the practices you are shining a light on. 
     And I think they can probably do a better job of getting the 
     message out to----
       Mr. CALVERT. But this also goes back to the mark-to-market 
     provisions. And I understand that there may be, from my 
     perspective, a step back in this economy where you have an 
     overcorrection in value, where we ought to take a look at 
     relaxing those mark-to-market provisions on performing 
     assets. Because, under the accounting rules, they are going 
     to continue to deflate--this is going to continue to deflate 
     these values. And that is not going to be helpful in trying 
     to get this economy moving again.
       I am fearful--I don't know if you are--that this commercial 
     real estate problem is so huge that it could put us back into 
     a double-dip recession.
       Secretary GEITHNER. I do not believe it poses that risk at 
     the moment. I think, again, it is going to be a challenge----
       Mr. CALVERT. We thought the same thing about the housing 
     market.
       Secretary GEITHNER. We did. But I think this is different, 
     and our financial system is in a much stronger place today to 
     weather those remaining challenges.
       As you know, the FTC and the FASB are looking at a whole 
     range of broad reforms to accounting practices in the United 
     States. And I think they would be happy to talk to you, to 
     respond to any questions you have about how to think about 
     the role fair value accounting can play in mitigating these 
     kinds of pressures in the future.
       Mr. CALVERT. Thank you, Mr. Chairman.
                                  ____


           [From the Press-Enterprise PE.com, Mar. 18, 2010]

                     Prevent a Double-dip Recession

                            (By Ken Calvert)

       A recent P-E article cited local economic forecasts that 
     suggested the Inland Empire will continue to lose jobs well 
     into 2010 (``Small businesses still pessimistic,'' March 12). 
     As residents know all too well, the drastic downturn in 
     residential construction and international trade has 
     significantly impacted our region's economy.
       Businesses hire when they see an economic opportunity to 
     increase the sale of the goods or services, not when the 
     government provides a one-time tax credit to hire. When 
     businesses are ready to grow, they often need financing in 
     order to make big purchases. However, small businesses around 
     the country are struggling to get the credit necessary to 
     grow as banks tighten lending standards in the aftermath of 
     the financial crisis on Wall Street.
       Businesses may find it even harder to obtain credit as they 
     begin confronting liquidity challenges in the commercial real 
     estate market. Recent analysis conducted by Deutsche Bank 
     analysts indicates that of the almost $1.4 trillion in 
     commercial real estate mortgages due by 2013, as many as 65 
     percent may struggle with refinancing, even if they are 
     performing loans that are completely current.
       If the conditions in the commercial real estate market 
     deteriorate further, the negative effects will be significant 
     and widespread. If community banks are forced to close or 
     further tighten lending standards, small businesses will find 
     it even harder to obtain financing sources and our economy 
     will lose its tenuous grasp on a recovery and dip back 
     further into recession.
       Due to this growing economic threat, I spearheaded a 
     bipartisan effort to raise these concerns to Treasury 
     Secretary Timothy Geithner and Federal Reserve Chairman Ben 
     Bernanke. In a letter to the regulators, 78 of my colleagues 
     and I proposed that a clear method for measuring the 
     effectiveness of recently announced commercial real estate 
     loan modification guidance should be established. Also, the 
     letter called on the officials to institute metrics that will 
     allow banks to more clearly differentiate performing versus 
     nonperforming loans in order to treat them appropriately.

[[Page 7178]]

       The regulators also should give banks the flexibility to 
     account for performing loans as an asset, not a liability, 
     something that could be achieved with a simple change in 
     accounting practices. This would actually increase 
     transparency as well as free up capital that could be loaned 
     out into the market. Most important, the fix would not cost a 
     dime to American taxpayers or require any form of a bailout.
       Our current economic situation could aptly be called the 
     speculators' recession and, if the administration does not 
     take action, this second dip would be known as the 
     regulators' recession.
       No legislation is needed for the fix. The administration 
     can address the liquidity issues facing small businesses and 
     the commercial real estate market by providing correct 
     guidance to the bank regulators. A proactive and engaged 
     response can prevent a doubledip recession and ensure small 
     businesses can grow and start hiring again.

                          ____________________