Header graphic for print
Lenders 360

Financial Reform Bill Update: Helpful Comparison of House & Senate Bills; Conference Committee Taking Shape; Final Hope For Covered Bonds

Posted in Covered Bonds, Good Times for Lenders, Market Trends

The tentative time line for the House-Senate reconciliation conference committee covering the financial regulatory reform legislation is the following: begin to meet during the week of June 7, 2010, with the goal of having a final Bill ready for the President’s signature by the July 4 recess.

With that quick time line in mind, here is a quick up-date on:

  • High-level comparisons of the House Bill and the Senate Bill
  • The membership of the House-Senate Reconciliation reconciliation conference committee
  • Last hope for inclusion of covered bonds in the final bill

Comparisons of the House Bill and the Senate Bill:
As you know, the two bills are very, very long.  And I’m sure that some where in DC, Congressional staffers are preparing a detailed comparison of the two bills (as part of the reconciliation process). So, we’ll have that good comparison shortly.  In the interim, here are high-level comparisons by the Associated Press and by PBS.

Membership on the Reconciliation Conference Committee:
Here is the list of the Senators on the conference committee (8 Democrats and 5 Republicans; eight members of the Banking Committee and five from the Agriculture Committee):

  • Tim Johnson (D-SD)
  • Jack Reed (D-RI)
  • Chuck Schumer (D-NY)
  • Chris Dodd (D-CT)
  • Blanche Lincoln (D-AR)
  • Tom Harkin (D-VT)
  • Pat Leahy (D-VT)
  • Dick Shelby (R-AL)
  • Bob Corker (R-TN)
  • Michael Crapo (R-ID)
  • Judd Gregg (R-NH)
  • Saxby Chambliss (R-GA)

And here is the list of 8 Democratic Representatives proposed for inclusion on the committee by Representative Barney Frank (D-MA) (I have not seen a list of the 5 Republicans to be named by him):

  • Barney Frank (D-MA)
  • Carolyn Maloney (D-NY)
  • Paul Kanjorski (D-PA)
  • Luis Gutierrez (D-IL)
  • Maxine Waters (D-CA)
  • Melvin Watt (D-NC)
  • Gregory Meeks (D-NY)
  • Dennis Moore (D-KS)

No doubt, this list will be finalized in the next week.

Final Hope For Covered Bonds: As noted by the Covered Bond Investor and by CNBC, the U.S. Covered Bonds Act (introduced in the House by Scott Garrett [R-NJ] and co-sponsored by Spencer Bachus [R-Ala.] and Paul Kanjorski [D-Pa.]) did NOT make it into the financial reform bills passed by either the House or the Senate.

Both of these blogs note that the following is the only hope for covered bonds becoming part of the final financial reform bill:

  • The appointment of Representative Garrett, Bachus and\or Kanjorski onto the House-Senate conference committee
  • And then their ability to convince the committee to add the covered bond bill into the compromise bill adopted by the committee

So, with Representative Dodd’s appointment of Representative Kanjorski to the committee, covered bonds still might be part of a solution to the credit crisis, and a viable product in the U.S.— if he can convince the committee to add covered bonds into the final bill.

As I’ve noted before, my perspective is that covered bonds need to be included in the financial reform bill—simply because the new CMBS 2.0 will not be sufficient to meet the credit needs of the commercial real estate finance industry.

If you see it differently or have additional information, please post a comment below.
 

  • lou strawn

    Hi Keith,
    I just returned from The Association of Life Insurance Counsul’s annual meeting where I chaired a panal presentation on the present state and future direction of the US mortgage securitization industry.
    First-
    A recent CMBS transaction that closed in the last 60days (RBS 2010-MB1)contains the following differences from “old school” CMBS:
    much more “loan level “disclosure in offering materials
    loan extensions are limited to 4 years
    new formula for calculating “Net Present Value” of a troubled loan which is likly to result in a higher value and therefore lead to LESS extensions and more loan level liquidations
    If “appraisal reductions” occur, repayment MUST go to principal before accrued interest (opposite of present practice)
    Fewer but larger Tranches
    Independent special servicer
    The proposed amendments to SEC ABS rules will generally require public issuance type disclosure for CMBS and continuous monitoring throughout the life of the pool.
    Timing- these proposals are out for comment and likly will not be in final form until the end of the year; a 1 year phase in period will likely push implementation into 2012.
    Second-
    re the emergence of US covered Bond market, In 2010 three deals have been marketed by Canadian banks to US based investors(mostly insurance companies, pension funds and banks)
    CIBC in January; amount 2B USD (sold quickly)
    RBC in April; amount 1.5B (also sold quickly)
    and lastly, a US dollar denominated offering set for today, June 2, about 2B from Bank of Montreal
    Point being that US markets are responding very favorably to the product. But I, like you, do not believe legislation will be added to the present Reform bill which is already too long and controversial,
    Hopefully in the fall we will deal with covered bond legislation which will draw the best from European models re accounting, regulatory, reserving, and insolvancy issues.
    regards, Lou