[Congressional Record (Bound Edition), Volume 161 (2015), Part 4]
[House]
[Pages 4908-4910]
[From the U.S. 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.
  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.

[[Page 4909]]

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.
  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

[[Page 4910]]


     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
     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.

                          ____________________