{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}
WE NEED TO KEEP C.R.A. STRONG BECAUSE WE ALL BENEFIT FROM
COMMUNITY REINVESTMENT. C.R.A. ESTABLISHES A SIMPLE RULE THAT
DEPOSITORY INSTITUTIONS MUST SERVE THE NEEDS OF THE COMMUNITIES
IN WHICH THEY'RE CHARTERED. IN A SAFE AND SOUND MANNER, THEY
FORM PARTNERSHIPS WITH GROUPS AND CONSUMERS TO PROVIDE LENDING
TO THOSE DENIED CREDIT. IN A SAFE AND SOUND MANNER, BANKS WORK
WITH FAMILIES LOOKING TO ACHIEVE THEIR DREAM OF OWNING A HOME N
A SAFE AND SOUND MANNER, BANKS LEND TO SMALL BUSINESSES TO HELP
{14:45:40} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
THEM GROW. IN A SAFE AND SOUND MANNER, BANKS LEND TO FARMERS
WHO FALL ON HARD TIMES AND NEED SOME EXTRA HELP TO SURVIVE THE
FALLING COMMODITY PRICES. FOR MANY CONSUMERS, C.R.A. HAS BEEN A
LIFE SAFER -- SAVER. TO DENY THE POSITIVE IMPACT OF C.R.A., THE
POSITIVE IMPACT THAT C.R.A. HAS MADE IN IMPROVING THE ECONOMIC
HEALTH OF OUR COUNTRY IS SIMPLY TO DENY THE FACTS. THE C.R.A.
HAS DELIVERED AN ESTIMATED ONE TRILLION OR FOR MORE AFFORDABLE
HOMEOWNERSHIP AND COMMUNITY DEVELOPMENT. THE ROLE OF C.R.A. IS
{14:46:12} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
NOT TO BENEFIT THE MOST IMPOVERISHED NEIGHBORHOODS IN OUR
STATES; RATHER, C.R.A. CUTS ACROSS CLASS LINES, RACE LINES,
GENDER LINES, PRACTICALLY EVERY HURDLE TO DISCRIMINATION TO
PROMOTE ECONOMIC STABILITY FOR FAMILIES, SMALL FARMERS, FARMERS
AND COMMUNITIES AND THIS LEGISLATION IN ITS PRESENT FORM
ELIMINATES THAT. WHAT'S MY PROOF?
ACCORDING TO THE STATISTICS, COLLECTED BY THE LOCAL INITIATIVE
{14:46:46} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
SUPPORT GROUP CORPORATION -- OR LISC -- IN 19 1997, LEND
$LENDING TO MINORITY AND LOW-INCOME BOR ROARS IS ON THE RISE.
SINCE 1993, THE NUMBERS OF HOME MORTGAGE LOANS TO
AFRICAN-AMERICANS INCREASED BY 58%. TO HISPANICS BY 62%, AND TO
LOW- AND MODERATE-INCOME BORROWERS BY 38%, WELL ABOVE THE
OVERALL MARKET N 1997, LARGE COMMERCIAL BANKS MADE $18.6
BILLION IN COMMUNITY DEVELOPMENT INVESTMENTS. IN 1997, BANKS
AND THRIFTS SUBJECT TO C.R.A.'S REPORTING REQUIREMENTS MADE
{14:47:19} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
$2.6 MILLION IN SMALL BUSINESS LOANS FOR A TOTAL OF $159
BILLION, TWO-THIRDS OF ITS SMALL BUSINESS LOANS MADE THAT YEAR.
MORE THAN ONE-FIFTH OF THOSE LOANS WERE MADE TO SMALL
BUSINESSES AND LOW- AND MODERATE-INCOME COMMUNITIES. EACH TIME
I RETURN TO MINNESOTA MINNESOTA, I AM CONVINCED THAT C.R.A. IS
WORKING. EARLIER THIS YEAR, AID CHANCE TO PRESENT AN AFWOORD A
FAMILY WHO HAD ACHIEVED THEIR DREAM OF BECOMING HOMEOWNERS,
RENEE AND LAURINE CABRINE WERE THE 750TH FAMILY TO PURCHASE
{14:47:55} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
THEIR HOME THROUGH A COMMUNITY GROUP ACORN AND A LOCAL BANK.
RENEE AND LAURINE HAVE HAD TO MOVE OUT OF THEIR APARTMENT WHEN
IT WAS CONDEMNED FOR REPAIR PROBLEMS. AS A RESULT, THEY MOVED
IN WITH THEIR FAMILY MEMBERS. THE CABRERAS BEGAN WORKING WITH A
COMMUNITY GROUP, ACORN, IN THE TWIN CITIES AND WERE ABLE TO
OBTAIN A LOW-INCOME LOAN THANKS TO A C.R.A. AGREEMENT. THERE IS
NO DOUBT THAT C.R.A. THAT IS BENEFITED RENEE AND GLORI U.N. E.
{14:48:31} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
THEY'RE NOW PROUD HOMEOWNERS LIVING IN THE PHILLIPS
NEIGHBORHOOD. MR. PRESIDENT, FROM THE NEARLY 170 MAYORS WHO
HAVE SIGNED THEIR NAME IN SUPPORT OF THE PROGRESS THAT C.R.A.
MAZED IN THEIR COMMUNITIES, THERE'S TREMENDOUS SUPPORT. AND
FROM FAMILY FARMED AND RURAL ORGANIZATIONS, THERE'S TREMENDOUS
SUPPORT. IN FACT, THE STORY OF EMPOWERMENT CAN BE SHARED BY
EVERY GROUP WORKING FOR THE ADVANCEMENT OF THEIR RIGHTS AND
DESPITE ITS UNDENIABLE SUCCESS, THE C.R.A. IS UNDER ATTACK. S.
{14:49:03} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
900 WOULD BEGIN TO DISMANTLE ITS EFFECTIVENESS IN THE
COMMUNITIES IT'S BEEN SO BENEFICIAL IN. I WOULD LIKE TO SPEAK
TO TWO ANTI-C.R.A. PROVISIONS IN S. 900. FIRST, S. 900 CREATES
A SAFE HARBOR FOR BANKS THAT HAVE MAINTAINED A SATISFACTORY
C.R.A. RATING FOR THREE CONSECUTIVE YEARS. THIS PROVISION WOULD
PRACTICALLY ELIMINATE THE OPPORTUNITY FOR PUBLIC COMMENT ON THE
C.R.A. PERFORMANCE OF A BANK AT THE TIME OF A MERGER
APPLICATION. BANKS THAT HAVE RECEIVED A SATISFACTORY OR BETTER
{14:49:38} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
C.R.A. RATING FOR THREE YEARS CONSECUTIVELY WOULD BE DEEMED IN
COMPLIANCE AND, THEREFORE, FREED FROM THE REQUIREMENT OF PUBLIC
COMMENT ON THEIR APPLICATION. MR. PRESIDENT, PUBLIC COMMENT ON
A PROPOSED MERGER IS AN ESPECIALLY USEFUL TOOL IN THE CASE OF
LARGE BANKS SERVING A VARIETY OF MARKETS. IN SUCH CASES,
REGULATORS EXAMINE ONLY A PORTION OF THESE MARKETS. SINCE
PERFORMANCE IN SMALL COMMUNITIES IS WEIGHTED LESS THAN IN
LARGER EARX PUBLIC COMMENT SOMETIMES PROVIDES THE ONLY MEANS TO
{14:50:11} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
TRULY EXAMINE THE COMMITMENTS OF A BANK TO ALL OF ITS COMMUNITY
MEMBERS. SIMPLY PUT, PUBLIC COMMENT IS A CHANCE FOR COMMUNITY
GROUPS AND CONSUMERS TO BRING TO LIGHT IMPORTANT INFORMATION
AND THE FACTS THAT MAY HAVE BEEN OVERLOOKED DURING THE REVIEW
PROCESS. HOWEVER, THIS AVENUE FOR PUBLIC INVOLVEMENT IN THE
MERGER PROCESS IS SERIOUSLY UNDERCUT BY S. 900'S SAFE HARBOR
PROVISION. THE ONLY WAY A CITIZEN COULD EXERCISE HIS OR HER
{14:50:44} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
DEMOCRATIC RIGHTS WOULD BE TO FIND A "SUBSTANTIAL, VERIFIABLE
INFORMATION" OF NONCOMPLIANCE SINCE THE MERGING BANK'S LAST
C.R.A. LAST EXAMINATION. THIS IS A VERY HIGH BURDEN. AND
ESTIMATED 95% OF ALL BANKS ARE DEEMED C.R.A. COMPLIANT. AS A
RESULT, THE VAST MAJORITY OF MERGERS WOULD BE EXEMPTED FROM
PUBLIC COMMENT. SOME HAVE JUSTIED THIS UN UNDEMOCRATIC SAFE
HARBOR AS A WAY TO PREVENT EXTORTION BY COMMUNITY GROUPS DURING
THE MERGER REVIEW PROCESS. WELL, MR. PRESIDENT, IN AUGUST 1998,
I WROTE A LETTER TO THE FEDERAL RESERVE REQUESTING A PUBLIC
{14:51:17} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
HEARING ON THE PROPOSED MERGER BETWEEN NORWEST CORPORATION
BASED IN MINNESOTA AND WELLS FARGO COMPANY. I REQUESTED THAT
SPECIAL ATTENTION BE PAID TO THE POSSIBLE EFFECTS OF THIS
MERGER WOULD HAVE ON THE PEOPLE AND THE COMMUNITIES WHO RELY ON
NOR NORWEST'S SERVICES AND COMMUNITY PARTICIPATION ACROSS THE
STATE. I ASK MY COLLEAGUES, WAS THIS EXTORTION?
I WAS NOT THE ONLY ELECTED OFFICIAL TO REQUEST SUCH A HEARING.
A CONGRESSMAN, A STATE REPRESENTATIVE, AND VARIOUS COMMUNITY
GROUPS DID AS WELL. WERE THEY GUILTY OF EXTORTION?
{14:51:52} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
THE TWO-DAY HEARING OPENED THE DOORS FOR 70 DIFFERENT GROUPS
AND INDIVIDUALS TO PUBLICLY COMMENT ON THE STRENGTHS AND
WEAKNESSES OF BOTH NORWEST AND WELLS FARGO WITH REGARD TO
COMMUNITY DEVELOPMENT. REMTS FROM THE NAVAJO NATION, STATEWIDE
NONPROFIT HOUSING ORGANIZATIONS AND MICROLENDING HOUSING
ORGANIZATIONS ALL HAD THEIR CHANCE TO BE HEARD. THEY HAD THEIR
CHANCE TO PUBLICLY CHALLENGE THAT'S MERGING ENTITIES TO REMAIN
INVOLVED IN THEIR COMMUNITIES. DID THE THIS CONSTITUTE
EXTORTION?
{14:52:24} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
NO ONE WAS PRACTICING EXTORTION BY REQUESTING A PUBLIC HEARING
ON THE MERGER BETWEEN THESE TWO FINANCIAL GIANTS. NO ELECTED
OFFICIALS OR NONPROFITS WERE DOING ANYTHING IMPROPER WHEN THEY
PUBLICLY COMMENTED ON THE LENDING PRACTICES OF THESE TWO BANKS.
WHAT THESE 70-PLUS GROUPS AND INDIVIDUALS WERE PRACTICING WAS
DEMOCRACY, USING S. 900. CITIZENS UNDER S. 900 WOULD BE
DEPRIVED DEMOCRATIC RIGHTS UNLESS THEY COULD "SUBSTANTIALLY
VERIFY A MERGING BANK'S NONCOMPLIANCE." THAT'S NOT JUST
{14:52:58} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
UNDEMOCRATIC. IT'S UNJUST. AT LEAST THE DASCHLE-SARBANES
AMENDMENT WOULD RETRAIN THE CONSUMERS' DEMOCRATIC RIGHT TO THE
PARTICIPATE IN THE PROCESS. THE SECOND ANTIH.C.R.A. PROVISION
IN S. 900 IS THE SMALL BANK COMPEPG SHON THIS. WOULD EXEMPT
BANKS IN RURAL COMMUNITIES WITH ASSETS OF LESS THAN $100
MILLION FROM C.R.A. REQUIREMENTS T WOULD EXEMPT 63% OF ALL
BANKS FROM THE REQUIREMENTS OF C.R.A. IT WOULD SEND A CLEAR
MESSAGE TO FARMERS, TO SMALL BUSINESSES AND TO CONSUMERS IN
{14:53:35} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
SMALL TOWNS THAT THEY DO NOT HAVE THE SAME ACCESS TO CREDIT AS
CONSUMERS WHO LIVE IN URBAN AREAS. SOME OF MY COLLEAGUES WOULD
ARGUE THARLS SMALL BANKS N. AND RURAL COMMUNITIES DONTSG NEED
C.R.A. THEY CLAIM THAT SMALL BANKS, BY THEIR NATURE, SERVE THE
CREDIT NEEDS OF LOCAL COMMUNITIES. BUT C.R.A. COMPLIANCE
RECORDS WILL TELL YOU A DIFFERENT STORY. MORE IMPORTANTLY,
RURAL AMERICA IS FACING AN ECONOMIC CRISIS. FAMILY FARMS ARE
DISAPPEARING ONE BY ONE FROM THIS COUNTRY'S RURAL LANDSCAPE.
{14:54:09} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
MANY RURAL COMMUNITIES ARE IN GREAT NEED OF ACCESS TO CREDIT
BEFORE THEIR ECONOMIES COLLAPSE. THIS ANTIC.R.A. PROVISION
COMPLETELY IGNORES THE REALITIES AND NEEDS OF RURAL AMERICA.
ACCORDING TO A RECENT S.B.A. REPORT, SMALL BUSINESS
ADMINISTRATION REPORT, JUNE 1998 DATA SHOW A 4.6% DECLINE IN
THE NUMBER OF SMALL FARM LOANS. THAT JUNE 1998 DATA REVEALS
THAT THE VALUE OF VERY LARGE MILLION TO FARM LOANS, OVER ONE
MILLION, HAS INCREASED BY 25% WHILE SMALL FARM LOANS, UNDER
{14:54:43} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
$250,000, INCREASED BY ONLY 3.9%. AS FAMILY FAMILY FARM AND
RURAL ORGANIZATION CONCLUDED, LARGER LOANS ARE GOING TO FEWER
FARMERS. ACCORDING TO A SIMILAR STUDY CONDUCTED BY THE STATE OF
WISCONSIN, FARMING OPERATIONS WERE MORE LIKELY TO OBTAIN A LOAN
IF THEY WERE UNDER CONTRACT WITH AN AGRIBUSINESS. SMALL AND
INDEPENDENT FARMERS FACED GREATER DIFFICULTY ACCESSING THE
NECESSARY CREDIT TO REMAIN IN OPERATION. TO QUOTE AN APRIL 29
LETTER, SIGNED BY 19 ORGANIZATIONS, REPRESENTING THE INTERESTS
{14:55:20} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
OF FARMERS AND RURAL COMMUNITIES, RURAL AREAS CONTINUE TO
SUFFER FROM A SERIOUS SHORTAGE OF AFFORDABLE HOUSING. FARMERS
ARE FACING THE WORST FINANCIAL CONDITIONS IN MORE THAN A DECADE
DUE TO DECLINING COMMODITY PRICES. RURAL AMERICANS CONTINUE TO
NEED THE TOOLS OF C.R.A. TO ENSURE ACCOUNTABILITY OF THEIR
LOCAL LENDING INSTITUTIONS. C.R.A. HELPS TO MEET THE CREDIT
DEMAND OF MILLIONS OF FAMILY FARMERS, RURAL RESIDENTS AND LOCAL
BUSINESSES. IN A MARCH 24 LETTER TO SENATORS, THE NATIONAL
{14:55:54} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
FARMERS UNION ALSO SENT THE MESSAGE THAT RURAL AMERICA NEEDS
THE C.R.A. JUST AS MUCH AS OUR URBAN CENTERS TO. QUOTE THE
LETTER FROM THE PRESIDENT, LEL AMENDMENT. N SWENSON, "THE
COMMUNITY REINVESTMENT ACT PROHIBITS RED REDLINING AND
ENCOURAGE BANKS TO MAKE A AFFORDABLE MORTGAGE, SMALL FARM, AND
SMALL BUSINESS LOANS. UNDER THE IMPETUS OF C.R.A., BANKS AND
THRIFTS MADE $11 BILLION IN FARM LOANS IN 1997 P. C.R.A. LOANS
ASSISTED SMALL FARMERS IN OBTAINING CREDIT IF FOR OPERATING
{14:56:26} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
EXPENSES, LIVESTOCK, AND REAL ESTATE PURCHASES. AND
MODERATE-INCOME FAMILIES ALSO BEN FRIT 23RDZ.8 BILLION IN SMALL
BUSINESS LOANS IN 197. IN 1999 ACCESS TO CREDIT IS TIGHTER THAN
USUAL MAKING IT CRITICAL TO MAINTAIN THE C.R.A. MR. PRESIDENT,
FOR MANY CONSUMERS LIVING IN RURAL COMMUNITIES, HAVING ACCESS
TO CREDIT IS HAVING ACCESS TO A FUTURE. OUR RURAL COMMUNITIES
NEED C.R.A. BECAUSE THEY CAN DEPEND ON LITTLE ELSE IN TODAY'S
AGRICULTURAL MARKETS. I AM STRONGLY OPPOSED TO THE STRONG BANK
{14:57:04} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
EXEMPTION IN S. 900 BECAUSE I'VE WITNESSED FIRSTHANTEDZ
IMPORTANT ROLE C.R.A. PLAYS IN RULE COMMUNITIES IN MINNESOTA.
AT LEAST THE SARBANES-DASCHLE AMENDMENT WOULD REMOVE THIS
HASHALFUL PROVISION FROM THE BILL. WE NEED TO ASK OURSELVES, DO
WE REALLY INTEND TO RETURN TO THE OLD BANKING PRACTICES OF
RED-LINING?
DO WE WANT TO LEAVE OUR CITIES, SMALL TOWNS AND FAMILIES
WITHOUT A MEANS TO BECOME ECONOMICALLY STABLE AND STRONG?
DO WE INTEND TO DRAW CLEAR LINE TWEENS THE HAVE'S AND THE HAVE
{14:57:38} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
NOT'S. IT'S BEEN NEARLY THREE YEARS SINCE THE PASSAGE OF
WELFARE REFORM. SINCE THEN URBAN RURAL AMERICA HAS SEEN A
DRAMATIC RISE IN THE NEEDS OF THE DESPERATELY POOR. MR.
PRESIDENT, THAT'S RIGHT. SINCE THEN, WE'VE SEEN A DRAMATIC RISE
IN THE NUMBER AND NEEDS OF THE DES PLATTELY POOR. WHY AREN'T WE
TALKING ABOUT OTHER ISSUES ON THE FLOOR OF THE SENATE NIL EA
GET BACK TO THIS IN A LITTLE WHILE. WHAT DOES THAT HAVE TO DO
WITH C.R.A.?
FRPGS. FAMILIES, NONPROFIT ORGANIZATIONS THAT ASSIST THE
{14:58:08} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
HOMELESS ARE RABEL TO ESTABLISH PARTNERSHIPS WITH BANKS TO
ACCESS CREDIT AND BUILD AFFORDABLE EMERGENCY AND LONG-TERM
HOUSING. COMMUNITIES ARE ABLE ASSIST FORMER WELFARE RECIPIENTS
THAT DEVELOP DILAPIDATED NEIGHBORHOODS AND BRING MORE JOBS TO
OUR URBAN CENTERS. OVER $1 TRILLION HAS BEEN INVESTORED THROUGH
INNOVATIVE WAYS TO PROVIDE JOBS, COMMUNITY REVITALIZATION, TO
STABILIZE ECONOMICALLY TROUBLED AREAS. C.R.A. HAS BEEN A
MAINSTREAM BANKING PRACTICE FOR OVER 20 YEARS. IT'S EVOLVED
OVER THE YEARS TO BETTER SERVE BANKS IN THEIR COMMUNITIES AND
{14:58:41} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
IT'S BEEN STREAMLINEED TO REDUCE REGULATORY BURDEN ON SMALL
BANKS. THIS IS A LAW THAT HAS BEEN IMPROVED AND HAS GROWN TO
BETTER SERVE BANKS AND SKURNLESE. A LOT OF BIG BANKS DON'T LIKE
THE C.R.A. THEY FILETES EA AN IMPOSITION. THEY DENOUNCE IT AS
"BIG GOVERNMENT" AND "OVERRELATION." BUT FOR MOST PEOPLE, I
ASK, WHICH IS THE GREATEST DANGER HERE?
CONCENTRATION OF POLITICAL POWER IN GOVERNMENT OR CONCENTRATION
OF ECONOMIC POWER?
{14:59:13} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
I DON'T THINK IT'S A CLOSE CALL. I THINK OUR GOALS SHOULD BE TO
HELP ORDINARY PEOPLE AND TO MIKE SURE THEY HAVE SOME DAY SAY
OVER THE ECONOMIC SDHAIGSZ AFFECT THEIR LIVES. REPEALING C.R.A.
ISN'T GOING TO DO THAT. NO MAST ANTIGOVERNMENT RHETORIC IS
GOING TO DO THAT. BY ENFORCING SOME MEANINGFUL
CONSUMERPPROXIMATELYS, IF WE DID THAT, THAT PROTECTIONS WOULD
MATTER. SO WITH WOULD PROHIBITING MERGERS THAT THREATEN TO
CROWD OUT COMMUNITY BANKING, SQUEEZING CREDIT FOR STPHAUL
BUSINESSES AND OPEN THE DOOR TO HIGHER FEES AND EVERMORE FRAUD
{14:59:45} (MR. WELLSTONE) { NOT AN OFFICIAL TRANSCRIPT }
AND ABUSE. THIS IS THE FUNDAMENTALS PROBLEM WITH DEREGULATION
AND ECONOMIC CONCENTRATION GENERALLY. IT ALLOWS THE NATION'S
ECONOMIC POWER TO BE HELD IN THE HANDS OF FEWER AND FEWER
PEOPLE. THE SAME THING IS HAPPENING IN MANY OF OUR OWN MAJOR
INDUSTRIES INCLUDING AIRLINES,
{END: 1999/05/04 TIME: 15-00 , Tue. 106TH SENATE, FIRST SESSION}
{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}