HON. RON PAUL
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Thursday, May 17, 2007
The House in Committee of the Whole
House on the State of the Union had under
consideration the bill (H.R. 1427) to reform
the regulation of certain housing-related
Government-sponsored enterprises, and for
other purposes.
2007 Ron Paul 52:1
Mr. PAUL. Mr. Chairman, H.R. 1427 fails to address the core problems with the Government
Sponsored Enterprises, GSEs. Furthermore,
since this legislation creates new government
programs that will further artificially
increase the demand for housing, H.R. 1427
increases the economic damage that will
occur from the bursting of the housing bubble.
The main problem with the GSEs is the special
privileges the Federal Government gives
the GSEs. According to the Congressional
Budget Office, the housing-related GSEs received
almost 20 billion dollars worth of indirect
Federal subsidies in fiscal year 2004
alone, while Wayne Passmore of the Federal
Reserve estimates the value of the GSEs
Federal subsides to be between $122 and
$182 billion dollars.
2007 Ron Paul 52:2
One of the major privileges the Federal Government grants to the GSEs is a line of
credit from the United States Treasury. According
to some estimates, the line of credit
may be worth over 2 billion dollars. GSEs also
benefit from an explicit grant of legal authority
given to the Federal Reserve to purchase the
debt of the GSEs. GSEs are the only institutions
besides the United States Treasury
granted explicit statutory authority to monetize
their debt through the Federal Reserve. This
provision gives the GSEs a source of liquidity
unavailable to their competitors.
2007 Ron Paul 52:3
This implicit promise by the Government to bail out the GSEs in times of economic difficulty
helps the GSEs attract investors who
are willing to settle for lower yields than they
would demand in the absence of the subsidy.
Thus, the line of credit distorts the allocation
of capital. More importantly, the line of credit
is a promise on behalf of the Government to
engage in a massive unconstitutional and immoral
income transfer from working Americans
to holders of GSE debt.
2007 Ron Paul 52:4
The connection between the GSEs and the Government helps isolate the GSEs managements
from market discipline. This isolation
from market discipline is the root cause of the
mismanagement occurring at Fannie and
Freddie. After all, if investors did not believe
that the Federal Government would bail out
Fannie and Freddie if the GSEs faced financial
crises, then investors would have forced
the GSEs to provide assurances that the
GSEs are following accepted management
and accounting practices before investors
would consider Fannie and Freddie to be good
investments.
2007 Ron Paul 52:5
Federal Reserve Chairman Alan Greenspan has expressed concern that the government
subsidies provided to the GSEs makes investors
underestimate the risk of investing in
Fannie Mae and Freddie Mac. Although he
has endorsed many of the regulatory solutions
being considered here today, Chairman
Greenspan has implicitly admitted the subsidies
are the true source of the problems with
Fannie and Freddie.
2007 Ron Paul 52:6
Mr. Chairman, H.R. 1427 compounds these problems by further insulating the GSEs from
market discipline. By creating a world-class
regulator, Congress would send a signal to investors
that investors need not concern themselves
with investigating the financial health
and stability of Fannie and Freddie since a
world-class regulator is performing that function.
2007 Ron Paul 52:7
However, one of the forgotten lessons of the financial scandals of a few years ago is that
the market is superior at discovering and punishing
fraud and other misbehavior than are
government regulators. After all, the market
discovered, and began to punish, the accounting
irregularities of Enron before the government
regulators did.
2007 Ron Paul 52:8
Concerns have been raised about the new regulators independence from the Treasury
Department. This is more than a bureaucratic
turf battle as there are legitimate worries
that isolating the regulator from Treasury oversight
may lead to regulatory capture. Regulatory
capture occurs when regulators serve
the interests of the businesses they are supposed
to be regulating instead of the public interest.
While H.R. 1427 does have some provisions
that claim to minimize the risk of regulatory
capture, regulatory capture is always a
threat where regulators have significant control
over the operations of an industry. After all,
the industry obviously has a greater incentive
than any other stakeholder to influence the behavior
of the regulator.
2007 Ron Paul 52:9
The flip side of regulatory capture is that mangers and owners of highly subsidized and
regulated industries are more concerned with
pleasing the regulators than with pleasing consumers
or investors, since the industries know
that investors will believe all is well if the regulator
is happy. Thus, the regulator and the regulated
industry may form a symbiosis where
each looks out for the others interests while
ignoring the concerns of investors.
2007 Ron Paul 52:10
Furthermore, my colleagues should consider the constitutionality of an independent regulator.
The Founders provided for three
branches of government — an executive, a judiciary,
and a legislature. Each branch was created
as sovereign in its sphere, and there
were to be clear lines of accountability for
each branch. However, independent regulators
do not fit comfortably within the three
branches; nor are they totally accountable to
any branch. Regulators at these independent
agencies often make judicial-like decisions,
but they are not part of the judiciary. They
often make rules, similar to the ones regarding
capital requirements, that have the force of
law, but independent regulators are not legislative.
And, of course, independent regulators
enforce the laws in the same way, as do other
parts of the executive branch; yet independent
regulators lack the day-to-day accountability to
the executive that provides a check on other
regulators.
2007 Ron Paul 52:11
Thus, these independent regulators have a concentration of powers of all three branches
and lack direct accountability to any of the
democratically chosen branches of government.
This flies in the face of the Founders
opposition to concentrations of power and
government bureaucracies that lack accountability.
These concerns are especially relevant
considering the remarkable degree of power
and autonomy this bill gives to the regulator.
For example, in the scheme established by
H.R. 1427 the regulators budget is not subject
to appropriations. This removes a powerful
mechanism for holding the regulator accountable
to Congress. While the regulator is accountable
to a board of directors, this board
may conduct all deliberations in private because
it is not subject to the Sunshine Act.
2007 Ron Paul 52:12
Ironically, by transferring the risk of widespread mortgage defaults to the taxpayers
through Government subsidies and convincing
investors that all is well because a world-
class regulator is ensuring the GSEs soundness,
the Government increases the likelihood
of a painful crash in the housing market. This
is because the special privileges of Fannie
and Freddie have distorted the housing market
by allowing Fannie and Freddie to attract capital
they could not attract under pure market
conditions. As a result, capital is diverted from
its most productive uses into housing. This reduces
the efficacy of the entire market and
thus reduces the standard of living of all
Americans.
2007 Ron Paul 52:13
Despite the long-term damage to the economy inflicted by the Governments interference
in the housing market, the Governments policy
of diverting capital into housing creates a
short-term boom in housing. Like all artificially
created bubbles, the boom in housing prices
cannot last forever. When housing prices fall,
homeowners will experience difficulty as their
equity is wiped out. Furthermore, the holders
of the mortgage debt will also have a loss.
These losses will be greater than they would
have been had government policy not actively
encouraged overinvestment in housing.
2007 Ron Paul 52:14
H.R. 1427 further distorts the housing market by artificially inflating the demand for housing
through the creation of a national housing
trust fund. This fund further diverts capital to
housing that, absent Government intervention,
would be put to a use more closely matching
the demands of consumers. Thus, this new
housing program will reduce efficacy and create
yet another unconstitutional redistribution
program.
2007 Ron Paul 52:15
Perhaps the Federal Reserve can stave off the day of reckoning by purchasing the GSEs
debt and pumping liquidity into the housing
market, but this cannot hold off the inevitable
drop in the housing market forever. In fact,
postponing the necessary and painful market
corrections will only deepen the inevitable fall.
The more people are invested in the market,
the greater the effects across the economy
when the bubble bursts.
2007 Ron Paul 52:16
Instead of addressing Government polices encouraging the misallocation of resources to
the housing market, H.R. 1427 further introduces
distortion into the housing market by
expanding the authority of Federal regulators
to approve the introduction of new products by
the GSEs. Such regulation inevitability delays
the introduction of new innovations to the market,
or even prevents some potentially valuable
products from making it to the market. Of
course, these new regulations are justified in
part by the GSEs government subsidies. We
once again see how one bad intervention in
the market (the GSEs government subsides)
leads to another (the new regulations).
2007 Ron Paul 52:17
In conclusion, H.R. 1427 compounds the problems with the GSEs and may increase the
damage that will be inflicted by a bursting of
the housing bubble. This is because this bill
creates a new unaccountable regulator and introduces
further distortions into the housing
market via increased regulatory power. H.R.
1427 also violates the Constitution by creating
yet another unaccountable regulator with
quasi-executive, judicial, and legislative powers.
Instead of expanding unconstitutional and
market distorting government bureaucracies,
Congress should act to remove taxpayer support
from the housing GSEs before the bubble
bursts and taxpayers are once again forced to
bailout investors who were misled by foolish
Government interference in the market.