[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] EXAMINING THE SEC'S MONEY MARKET FUND RULE PROPOSAL ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON CAPITAL MARKETS AND GOVERNMENT SPONSORED ENTERPRISES OF THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION __________ SEPTEMBER 18, 2013 Printed for the use of the Committee on Financial Services Serial No. 113-44 [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] U.S. GOVERNMENT PRINTING OFFICE 86-879 PDF WASHINGTON : 2014 ___________________________________________________________________________ For sale by the Superintendent of Documents, U.S. Government Printing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-mail, [email protected]. HOUSE COMMITTEE ON FINANCIAL SERVICES JEB HENSARLING, Texas, Chairman GARY G. MILLER, California, Vice MAXINE WATERS, California, Ranking Chairman Member SPENCER BACHUS, Alabama, Chairman CAROLYN B. MALONEY, New York Emeritus NYDIA M. VELAZQUEZ, New York PETER T. KING, New York MELVIN L. WATT, North Carolina EDWARD R. ROYCE, California BRAD SHERMAN, California FRANK D. LUCAS, Oklahoma GREGORY W. MEEKS, New York SHELLEY MOORE CAPITO, West Virginia MICHAEL E. CAPUANO, Massachusetts SCOTT GARRETT, New Jersey RUBEN HINOJOSA, Texas RANDY NEUGEBAUER, Texas WM. LACY CLAY, Missouri PATRICK T. McHENRY, North Carolina CAROLYN McCARTHY, New York JOHN CAMPBELL, California STEPHEN F. LYNCH, Massachusetts MICHELE BACHMANN, Minnesota DAVID SCOTT, Georgia KEVIN McCARTHY, California AL GREEN, Texas STEVAN PEARCE, New Mexico EMANUEL CLEAVER, Missouri BILL POSEY, Florida GWEN MOORE, Wisconsin MICHAEL G. FITZPATRICK, KEITH ELLISON, Minnesota Pennsylvania ED PERLMUTTER, Colorado LYNN A. WESTMORELAND, Georgia JAMES A. HIMES, Connecticut BLAINE LUETKEMEYER, Missouri GARY C. PETERS, Michigan BILL HUIZENGA, Michigan JOHN C. CARNEY, Jr., Delaware SEAN P. DUFFY, Wisconsin TERRI A. SEWELL, Alabama ROBERT HURT, Virginia BILL FOSTER, Illinois MICHAEL G. GRIMM, New York DANIEL T. KILDEE, Michigan STEVE STIVERS, Ohio PATRICK MURPHY, Florida STEPHEN LEE FINCHER, Tennessee JOHN K. DELANEY, Maryland MARLIN A. STUTZMAN, Indiana KYRSTEN SINEMA, Arizona MICK MULVANEY, South Carolina JOYCE BEATTY, Ohio RANDY HULTGREN, Illinois DENNY HECK, Washington DENNIS A. ROSS, Florida ROBERT PITTENGER, North Carolina ANN WAGNER, Missouri ANDY BARR, Kentucky TOM COTTON, Arkansas KEITH J. ROTHFUS, Pennsylvania Shannon McGahn, Staff Director James H. Clinger, Chief Counsel Subcommittee on Capital Markets and Government Sponsored Enterprises SCOTT GARRETT, New Jersey, Chairman ROBERT HURT, Virginia, Vice CAROLYN B. MALONEY, New York, Chairman Ranking Member SPENCER BACHUS, Alabama BRAD SHERMAN, California PETER T. KING, New York RUBEN HINOJOSA, Texas EDWARD R. ROYCE, California STEPHEN F. LYNCH, Massachusetts FRANK D. LUCAS, Oklahoma GWEN MOORE, Wisconsin RANDY NEUGEBAUER, Texas ED PERLMUTTER, Colorado MICHELE BACHMANN, Minnesota DAVID SCOTT, Georgia KEVIN McCARTHY, California JAMES A. HIMES, Connecticut LYNN A. WESTMORELAND, Georgia GARY C. PETERS, Michigan BILL HUIZENGA, Michigan KEITH ELLISON, Minnesota MICHAEL G. GRIMM, New York MELVIN L. WATT, North Carolina STEVE STIVERS, Ohio BILL FOSTER, Illinois STEPHEN LEE FINCHER, Tennessee JOHN C. CARNEY, Jr., Delaware MICK MULVANEY, South Carolina TERRI A. SEWELL, Alabama RANDY HULTGREN, Illinois DANIEL T. KILDEE, Michigan DENNIS A. ROSS, Florida ANN WAGNER, Missouri C O N T E N T S ---------- Page Hearing held on: September 18, 2013........................................... 1 Appendix: September 18, 2013........................................... 49 WITNESSES Wednesday, September 18, 2013 Bair, Hon. Sheila C., Chair, Systemic Risk Council, and former Chair, FDIC.................................................... 10 Chandoha, Marie, President and Chief Executive Officer, Charles Schwab Investment Management, Inc.............................. 12 Gilligan, James P., Assistant Treasurer, Great Plains Energy, Inc., on behalf of the U.S. Chamber of Commerce................ 14 McCoy, Hon. Steven N., Treasurer, State of Georgia, on behalf of the National Association of State Treasurers (NAST)............ 8 Stevens, Paul Schott, President and Chief Executive Officer, the Investment Company Institute (ICI)............................. 15 APPENDIX Prepared statements: Moore, Hon. Gwen............................................. 50 Bair, Hon. Sheila C.......................................... 52 Chandoha, Marie.............................................. 59 Gilligan, James P............................................ 72 McCoy, Hon. Steven N......................................... 84 Stevens, Paul Schott......................................... 111 Additional Material Submitted for the Record Garrett, Hon. Scott: Letter to the SEC from 12 Federal Reserve Bank Presidents, dated September 12, 2013................................... 123 Letter from the Mutual Fund Directors Forum, dated September 17, 2013................................................... 132 Written statement of the Financial Services Roundtable....... 133 Lynch, Hon. Stephen: Letter to the SEC from Massachusetts Governor Deval Patrick, dated September 17, 2013................................... 136 Letter to the SEC from the Massachusetts Municipal Association, dated September 9, 2013....................... 138 Chandoha, Marie: Written responses to questions for the record from Representative Ellison..................................... 140 Written responses to questions for the record from Representative Hultgren.................................... 143 Stevens, Paul Schott: Written responses to questions for the record from Representatives Garrett and Sewell......................... 147 EXAMINING THE SEC'S MONEY MARKET FUND RULE PROPOSAL ---------- Wednesday, September 18, 2013 U.S. House of Representatives, Subcommittee on Capital Markets and Government Sponsored Enterprises, Committee on Financial Services, Washington, D.C. The subcommittee met, pursuant to notice, at 10:05 a.m., in room 2128, Rayburn House Office Building, Hon. Scott Garrett [chairman of the subcommittee] presiding. Members present: Representatives Garrett, Hurt, Neugebauer, Westmoreland, Huizenga, Grimm, Stivers, Mulvaney, Hultgren, Ross, Wagner; Maloney, Sherman, Lynch, Moore, Perlmutter, Scott, Himes, Peters, Ellison, Watt, Foster, Carney, and Kildee. Ex officio present: Representative Hensarling. Chairman Garrett. Greetings and good morning. This hearing of the Subcommittee on Capital Markets and Government Sponsored Enterprises is hereby called to order. Today's hearing is entitled, ``Examining the SEC's Money Market Fund Rule Proposal,'' and I thank all the members of the panel for being with us today. We will be looking to you for your comments in a moment. I also thank the members of our committee who are here to examine this important issue. We will now have opening statements, and I will begin by yielding myself 6 minutes. Following the events of the financial crisis, in which some of the money market funds, as you know, experienced heavy investor redemptions, the SEC had proposed a rule for which the stated intent was making money funds less susceptible to future runs and improving the transparency of money market fund risk. The process leading to the SEC's current rule proposal reflects the good, the bad, and the ugly of agency rulemaking. In fact, it is really a tale of two different rules. The first iteration of that would become a current rule proposal considered by the SEC more than a year ago, as a cautionary example of agency rulemaking gone wrong, both in terms of process and substance. As SEC Commissioner Dan Gallagher described it, the original proposal was presented to the Commission by the then- SEC Chairman as, ``inviolate fait accompli, having already been fully-baked and blessed by other agencies without the input of the Commissioners and lacking in adequate economic analysis.'' But thanks to the efforts of Chairman Issa and his staff on the House Oversight and Government Reform Committee, we are now able to construct a picture of what appears to have been a wildly, closely coordinated effort by the SEC Chairman and FSOC and the Federal Reserve to develop the substance of the original rule proposal and to exert undue political influence on the Commission to accept it. To highlight just one example, documents obtained by Chairman Issa's committee appeared to show certain individuals of the SEC working together with the Fed to draft a letter for FSOC back to the SEC, pressuring the Commission to adopt specific money fund reform measures, and then dangling the possibility that FSOC would take those matters into its own hands. This collaboration appears to have occurred well before the Commission was even set to vote on the original rule proposal. Then, after the original rule proposal ultimately failed to gain the support of the majority of the SEC Commissioners necessary to bring the matter to a vote, what happened? The FSOC doubled down, again pressuring the SEC to act on specific money market fund reforms by issuing and seeking comment on its own reform recommendations. So, given the significant intrusion of banking and systemic risk regulators in the SEC process, it should come, then, as no surprise that the focal point of the original rule proposal was a requirement that money market funds implement what is commonly called capital cushion, or buffer. So while this capital buffer requirement was reportedly designed to make money market funds better able to withstand heavy redemptions during times of market stress, I believe that it was, and it continues to be, an entirely inappropriate option for money market funds. First, money market funds are fundamentally a securities product. And I believe the consumer should think of them as such. Forcing money market funds to hold bank-like capital will only foster the false perception and impression among many investors that these funds are more like federally-insured bank accounts and security products. Second, as the SEC itself has since concluded, the capital buffer contemplated in the original rule proposal would likely be insufficient to absorb very large losses on the level experience during the financial crisis. But a buffer high enough to do so would be too costly to be practical. And third, as Commissioner Gallagher has pointed out, the only real purpose for the proposed buffer was to serve as the price of entry into a emergency lending facility at the Federal Reserve that they could construct during any future crisis. In short, the buffer would provide additional collateral to provide a Fed bailout to the troubled funds. With the Obama Administration's precedent-setting bailouts of the auto industry and Fannie Mae and Freddie Mac, costing literally billions of dollars, we simply cannot afford to extend yet another taxpayer-funded bailout, and the moral hazard that goes with it, to money market funds. When rulemaking is done correctly, it is a deliberative and thoughtful process based off of hard economic pattern. Fortunately, the second iteration of the SEC's money fund proposal, the rule proposal that we are going to be taking a look at today, seems to be more in line with that standard. The current rule proposal sets forth three alternatives, in addition to certain enhanced dislosure requirements, and I will run through them. First, it has a floating net asset value (NAV) requirement for specific types of money market funds called prime institutional funds. Second, it has mandatory liquidity fees and discretionary temporary redemption gates for all nongovernment money market funds during the times of market stress. And third would be a combination of these two alternatives. So, unlike the original proposal, the current proposal was informed by the results of a study of money market funds conducted by the SEC's division of economic and risk analysis, which show the heaviest redemptions during the financial crisis were where? In the prime institutional funds. Moreover, I was pleased to see that the current rule proposal does not include a capital buffer or alternative that enshrined taxpayer bailouts and makes security products look more like bank products. I believe that the decision to exclude a capital buffer from the SEC's current rule proposal is very much an important step in resisting the push to remove substantially all of the risk from security products. It is what ultimately hurt investors by reducing their ability to generate much-needed returns on their investment and their retirement dollars. And so, while I may not necessarily agree with every single aspect of the SEC's current proposals, and I am sure we will hear from the panel today, and recognize that many of the important questions remain outstanding, I appreciate the SEC's commitment to engage in a thoughtful and deliberate process this second time around. Ultimately, I believe it is critically important that we strike the right balance between ensuring that money market funds can survive during periods of market stress, and preserving their role as an important investment and cash management tool for all types of investors. To that end, I do look forward to a robust debate this morning on the positive, and the negative, of the SEC's proposals. And with that, I yield to the gentlelady from New York, Mrs. Maloney, for 5 minutes. Mrs. Maloney. I thank the chairman for holding this important and timely hearing, and for doing so in such a bipartisan way. Nearly 50 million investors use money market funds, which collectively hold about $2.9 trillion in assets. This is a huge market, which is why this issue is too important to get bogged down in the usual partisan politics. The SEC has put forward a thoughtful proposal to reform money market funds, and it deserves a serious discussion. To encourage this, the chairman and I have tried to ensure that a broad range of views are represented on the panel today, and I very much look forward to your testimony and to the debate that follows. Before we get into the SEC's proposed reforms, it is important to remind ourselves why reform is needed. On September 16, 2008, the Reserve Primary Fund, a $62 billion money market fund that had invested in Lehman securities, broke the buck, meaning the value of its shares fell below $1. This was only the second time a U.S. money market fund had ever broken the buck in U.S. history. This event sparked a massive, and I would say terrifying, run on the money market fund. Never has my phone rung so much off the hook in the middle of the night, during the day, ``run on the funds, are we going towards a depression, what is happening,'' but by the end of the week, investors had withdrawn over $300 billion from the prime fund, and on September 19th, just 3 days later, really 2 days later because they didn't announce they broke the buck until the end of the first day, the Treasury Department and the Federal Reserved bailed out the entire money market industry by effectively guaranteeing over $3 trillion of money market shares. I think it is safe to say that obviously, we do not want this to happen again, and we look forward to working together to prevent it. To its credit, the SEC in 2010 adopted some very substantial money market reforms which include the quality of the securities that money market funds can hold, and established minimum liquidity requirements for money funds. However, as the SEC noted at the time, the 2010 reforms did not address the fact that money market funds are still susceptible to devastating investor runs that can destabilize the entire financial system. The question before us today is what reforms are needed to prevent future runs on money market funds. In June, the SEC, under the leadership of Chair Mary Jo White, issued a proposed rule that is intended to answer this question. The Commission proposed two alternatives, both of which take into account the considerable progress the SEC made with the 2010 reforms, and they are both narrowly focused on the problems that emerged in 2008. While most of the attention is focused on the SEC's floating NAV proposal, I am interested in the witnesses' thoughts on the so-called ``gates and fees'' proposal. Are liquidity fees a strong enough deterrent to prevent runs, and would the prospect of going 30 days without access to your money prompt investors to withdraw their funds at the first sign of any trouble? These are two questions I would like answered in your testimony today, and I look forward to exploring other questions during the hearing. Thank you for being here, and I yield back. Chairman Garrett. The gentlelady yields back. The gentleman from Virginia, Mr. Hurt, is recognized for 2 minutes. Mr. Hurt. Thank you, Mr. Chairman. I want to thank you for holding today's subcommittee hearing to examine the SEC's proposed rules for money market mutual funds. I know our panel will provide their views on the SEC's current proposal, but my concerns also extend to the process by which we came to this proposed rule. After former SEC Chair Schapiro was unable to pass a money market fund proposal through the SEC, the FSOC inserted itself into the rulemaking process by proposing its own guidelines pursuant to its authority under the Dodd-Frank Act. This action by the FSOC raises concern for the development of financial regulation in the future and carries significant consequences for government and industry. Congress entrusts financial regulatory responsibility to specific regulatory bodies with specific areas of expertise and jurisdiction. Here, the SEC has overseen the regulation of money market funds for decades, and it understands the product best. Presumably, Congress did not establish FSOC's authority under Section 120 as a means for a new regulatory body to undermine the decisions of the specialized, independent regulatory agency. Additionally, as a Commission dominated by political appointees, FSOC, armed with this authority, has the ability to pressure regulators whose actions do not align with the current Administration's views. FSOC remains outside of the congressional appropriations process, further allowing for this potential politicizing of financial regulation outside of appropriate congressional accountability. Finally, FSOC is proposing its money market fund rules did not establish guidelines for future uses of their enhanced authority, thereby leaving the door open to the possibility of numerous encroachments in the regulatory purview of other financial regulatory agencies. Ultimately, independent agencies with five members must be allowed to work their will. The FSOC's authority leaves the offending regulatory body, in this case the SEC, with the choice of yielding or being forced to implement a final rulemaking designated by FSOC on any topic, let alone money market funds. Either option lessens the effectiveness of regulatory agencies that are directly accountable to Congress, and ultimately, to the American people. I want to thank our witnesses for being here today. I look forward to their testimony, and I thank you, Mr. Chairman. I yield back my time. Chairman Garrett. Mr. Lynch? Mr. Lynch. Thank you, Mr. Chairman. And I thank the ranking member, as well. I would also like to thank the witnesses for their willingness to come before the committee and help us with our work. Today, we are looking at a proposed rule by the Securities and Exchange Commission to impose a floating net asset value on prime institutional money market funds, create liquidity fees and redemption gates when a fund falls well below the healthy liquidity levels, or some combination of these two things. But before we talk about the rule itself, I think it is important to remember why the reforms are so necessary. First and foremost, money market funds are an important cash management and investment tool for a variety of investors, and they serve an important role in the overall financial landscape as an alternative to big banks. However, as the ranking member pointed out, in September of 2008 when the Reserve Primary Fund broke the buck, we all realized that there were fundamental structural flaws in the industry that made it susceptible to runs. To stop that run, which could have sent the economy off the cliff, the Federal Government stepped in and guaranteed investments in those funds, exposing taxpayers in an unexpected and troubling way. So, we need to find a better way to prevent the kind of panic that caused a run on the money market funds back then, but also that preserves the important role that they play. The SEC issued a rule in 2010 which made money market funds more stable and transparent by improving the liquidity and credit quality of the securities that those funds hold, and this was a good first step, but I support the SEC's efforts to continue to address the weakness in the money market funds exposed by the financial crisis. The SEC rule we are examining today is narrowly targeted at the weakness exposed by the crisis, while trying to preserve the retail funds and government funds which perform relatively well under that stress. I think that is probably the right approach, however I am concerned that some of the definitions the SEC uses to separate prime institutional funds from retail funds and government funds may have a negative effect on local governments that rely on those money market funds. I hope the witnesses here today will help the committee understand the effect that this rule will have on municipal government financial ability because this area of money market funds played an important public role that we may want to preserve. Thank you, Mr. Chairman, I yield back. Chairman Garrett. Mr. Hultgren for 5 minutes. Mr. Hultgren. Thank you, Mr. Chairman. Thank you all for being here. Having served in local and State government before my time in Congress, I do want to recognize the direct and immediate impact the SEC's reform could have on municipal finance, as my colleague has mentioned as well. Money market funds provide a unique and widely-used municipal cash management product that may no longer be available as the DNA of money market funds has changed. I am also concerned that the SEC's inclusion of tax-exempt municipal money market funds will drive away money market investors, dampening these funds' interest in municipal securities. Currently, over 50 percent of outstanding short- term municipal debt is held by money market funds. If this demand dries up, municipalities will see higher issuance costs. Finally, I share some concerns highlighted in testimony relating to the SEC's effective subsidy of Federal Government debt. Excluding Treasury and GSE debt from the proposed reforms isn't bad, but giving these products special treatment only enables the Federal Government's fiscal irresponsibility at the expense of States and localities. I welcome the witnesses' testimonies, and I thank the chairman for holding this hearing. I yield back. Chairman Garrett. The gentleman yields back the time. Mr. Perlmutter, the gentleman from Colorado, for 2 minutes. Mr. Perlmutter. Thanks, Mr. Chairman. And to the witnesses, thank you for being here. My first comment is in response to the chairman and to Mr. Hurt. The oversight council is doing what it is supposed to do, which is to oversee a financial system and to look for places where there may be problems and bumps and humps and all of that sort of stuff. And so to the process, I disagree with the gentlemen in terms of their opening. I also would say, just as a matter of record, any assistance to Fannie Mae and Freddie Mac came at the end of the Bush Administration, so it wasn't an Obama bailout. Now, to get to the substance of the rules, I would like testimony today about the floating net asset value proposal, because I think we actually floated that. It was floated 3 years ago. And from my perspective, having watched the reserve fund break the buck, then pursue bankruptcy, which the SEC then had to oversee, folks didn't get a dollar back. They got something less than a dollar. And because of the securities-type nature of the investment, I think they got what they deserved. And so I know the effort here is to mark everything each day, and if something is worth 95 cents that individuals know that, but they know going in that they are buying a security. Disclosure was part of the rule as it was written 2 or 3 years ago. So I don't know that having a floating net asset value changes the picture very much. And even though I approve and I applaud the process where the oversight council was participating in this rulemaking, I think that is appropriate, I would just say that I am not sure that this answer is--and this rule is going to make any difference. Chairman Garrett. And finally, for the last word, I believe, Mr. Scott. Mr. Scott. Thank you, Chairman Garrett. First of all, let me welcome Mr. Steven McCoy, who is the treasurer of the great State of Georgia. It is good to have you here. Say hello to the folks back home. First of all, I do want--I think Mr. Perlmutter really put his finger on it in terms of the floating net asset value. And what we are talking about here is a net asset value per share instead of a value of $1 per share price. Now while proponents of a floating net asset value claim, as I understand it, that it would make markets more flexible and allow funds and markets to remain open and functioning during a crisis--that is basically that argument, and I appreciate that. But we must also at the same time be sure to address concerns that such a reform would eliminate prime money market funds, and State and local governments in turn would lose a valuable tool in money management and would drive up the cost of financing short-term borrowing. That to me seems to be the crux of where we are. What I think what we need to reach for here is a delicate balance where we can accommodate both. I just simply want to be able to keep regulations in place that are strong, that are effective, that protect our consumers, while at the same time being able to quickly respond to the ever-changing economic climate and justify a policy accordingly where needed. And so, I think that is our challenge today. I think we need a delicate balance. I yield back. Chairman Garrett. The gentleman yields back. And before we go to--the gentleman from Georgia just entered. While he sits down, I just wanted to, without objection, enter into the record a letter from the Financial Services Roundtable on this topic, and also a letter from the Mutual Fund Directors Forum. Without objection, it is so ordered. If the gentleman from Georgia is prepared, we have I believe another minute for the gentleman. Mr. Westmoreland. Thank you, Mr. Chairman. And I want to take a moment to welcome Mr. Steven McCoy, the treasurer of my home State of Georgia. It is always good to see a Georgian represented on the panel. I look forward to your testimony on how the SEC rules impact the way Georgians invest their hard- earned money as taxpayers. The subject matter of this hearing might be technical, but for me the bottom line is we need a broad array of financial products for investors of all shapes and sizes to choose. With the Federal Reserve depressing interest rates for savers, many retail and institutional investors choose money market funds because they provide a better return on investment. Congress, the SEC, FSOC, and yes, even the bank regulators, must pursue regulations and policies that create diverse, liquid financial markets. I urge careful consideration of all the unintended consequences of this rule. I yield back. Chairman Garrett. The gentleman yields back, and I thank the gentleman. So now, we turn to the panel. There is a gentleman who has been recognized twice now for your work in Georgia, the treasurer from the State of Georgia, Mr. McCoy, you are recognized. I know most of you have been here before, but I always restate this. You are recognized. You will be recognized for 5 minutes, and we ask you to make sure that when you speak, you pull your microphone as close as you can, so that we can hear you. Make sure the light is on. And of course, as you all know, you have 5 minutes. The yellow light gives you a one-minute warning, and the red light means you are out of time. So Mr. McCoy, you are now recognized for 1 minute. STATEMENT OF THE HONORABLE STEVEN N. McCOY, TREASURER, STATE OF GEORGIA, ON BEHALF OF THE NATIONAL ASSOCIATION OF STATE TREASURERS (NAST) Mr. McCoy. Thank you, Chairman Garrett, Ranking Member Maloney, and members of the subcommittee. On behalf of NAST, I thank you for providing us the opportunity to testify on the SEC's proposed money market fund reforms. NAST is a bipartisan association. It is comprised of all State treasurers and State financial officials throughout the country. Treasurers, given their role within each State of ensuring proper cash management, do have a unique perspective on money market fund regulation, and we appreciate being able to share our perspective on this. Money market funds are an important investment tool for many State and local governments throughout the country. They rely on money market funds as short-term investments that provide liquidity, preservation of capital, and diversification of credit risk. But then also, as we have heard in the Congressmens' statements, they are very important to State and local governments since we are issuers of short-term debt. And the short-term debt--the municipal money market funds are the largest purchasers of short-term debt. And any reform that would limit the attractiveness of money market funds to purchase municipal bonds would--and reducing the demand would increase our financing costs. But additionally, and the place I would like to spend the most of my time today, since I think the other panelists are going to deal with the purchasing of money market funds, the two primary issues of floating NAV and liquidity in gating, and also with municipal money market funds. But one of the things that I would like to focus on is local government investment pools. Most States have created them over the years. They go back over 30 years with a history of pools. And they are a safe and efficient method of investing State and local government funds. Changes to the regulation of money funds, even though local government investment pools (LGIPs) are not registered with the SEC, that still these reforms could indirectly impact our operation and viability because GASB has two regs, 31 and 59, which require externally-managed pools to be 2a-7 light in order to use amortized cost accounting and preserve a stable NAV. So what I would like to do is just focus on the potential impact on LGIPs of the proposed regs. LGIPs operate for the exclusive benefit of governmental entities within each State. They are distinguished from money market funds in that they are not open to the public. Instead, LGIPs serve only governmental entities that otherwise would have difficulty investing public funds safely and efficiently. This is both large and small government entities that, while these State statutes governing LGIPs differ, LGIPs generally accept deposits from cities, counties, colleges, school districts, authorities, public hospitals, and various commissions and boards. In some cases, like Georgia, we also commingle the State's short-term assets in our local government investment pool to create economies of scale so the local governments can benefit from the economies of scale that we use, and they can also benefit from our credit research and our experienced investment officers. LGIPs are often used by participants to invest funds that are needed on a day-to-day basis or on a near-term basis. And so even though they are exempt from SEC regulation under the Investment Company Act of 1940 because of sovereign ownership, the SEC's proposed changes could have some unintended consequences that would indirectly impact our ability to continue to offer these safely and efficiently. For instance, converting an LGIP to a floating NAV or imposing liquidity fees and gatings, both would be in violation of many of the States' statutes, and also prudent investment policies. As government entities, we cannot tolerate loss of principal on operating funds, trust funds or bond proceeds because we have no method of replenishing losses. So we have to be very careful to preserve capital and have liquidity. We need it to make--so liquidity constraints, preservation of capital and preservation of liquidity is very important to us. That we cannot accept liquidity constraints that could prevent us from funding or local governments from funding critical public needs, of paying debt or other obligations when due. Local government investment pools hold money, provide an attractive yield, and provide liquidity so that all participants know their money is there and available and safe. Some may point to bank deposits as an alternative, but States typically require collateral on bank deposits. And so those-- they have to be collateralized sometimes, in our State for instance, at 110 percent with marketable securities. So the cost associated with collateralizing public bank deposits limits many banks from providing competitively-priced alternatives. Also, the availability of eligible collateral will limit the amount of bank deposits, collateralized deposits that banks, especially in smaller communities, would accept. In wrapping up, I would like to say that we appreciate the opportunity. We have asked that the SEC include a comment just that they do not intend this to be applicable to LGIPs. Thank you, sir. [The prepared statement of Mr. McCoy can be found on page 84 of the appendix.] Chairman Garrett. Thank you. And now, we welcome back Ms. Sheila Bair, the former Chair of the FDIC, who is now Chair of the Pew Charitable Trusts, Systemic Risk Council. Welcome once again to the panel. And you are recognized for 5 minutes. STATEMENT OF THE HONORABLE SHEILA C. BAIR, CHAIR, SYSTEMIC RISK COUNCIL, AND FORMER CHAIR, FDIC Ms. Bair. Thank you, Chairman Garrett, and Ranking Member Maloney. As a number of Members have noted, 5 years ago this week, the Reserve Primary Fund, a massive money market fund that held just 1.3 percent of its assets in Lehman Brothers debt, announced it would break the buck, and the financial markets froze. In just 2 days, the $62 billion fund received requests from investors to return approximately $40 billion of their money. The money fund quickly depleted cash reserves and tried to sell assets. This not only further depressed the value of its holdings, but depressed the value of other money market mutual funds as well. Because the Reserve did not have capital or a deep-pocketed parent who could subsidize its losses, the fund had to reprice its shares going from $1 to 97 cents. Reserve investors waited months for full access to the remaining cash and, based on recent press reports, the dispute between the SEC and the Reserve is still ongoing. The run on Reserve, however, quickly spread to other money market funds. During this week, 5 years ago, investors withdrew $310 billion from prime money market funds. To meet these requests, other money funds, just like the Reserve, began to sell more securities into illiquid markets, further reducing their values and putting other money funds, stable $1 NAV, at risk. Many sponsors subsidize their funds to defend the $1 NAV. Further fearing redemptions, many funds limited new investments to cash, Treasuries, and overnight loans. U.S. corporations and municipalities seeking to access the short-term markets for cash were out of luck. Short-term interests rates spiked and credit markets froze. On September 19th, the government stepped in with massive and unprecedented taxpayer support. The Federal Reserve created a special liquidity facility to aid money market funds and the Treasury Department used the Exchange Stabilization Fund (ESF) to guarantee trillions of dollars in shareholders' money fund holdings. Almost every money fund opted to this after-the-fact insurance policy created almost overnight by the Federal Government. While the bailout worked to calm the short-term markets in 2008, Congress prohibited the Treasury Department from again using the ESF to guarantee money funds. And while some modest reforms were put in place in 2010, the core structure risk and money funds that nearly brought the financial system down in 2008 still remain and threaten our financial system today. The core structural risk is a special SEC rule that allows money funds to price their shares at one dollar even when the value of their underlying assets is not worth a dollar. This special treatment called the stable NAV is what makes money funds different from other mutual funds and so susceptible to destabilizing runs. It effectively pays first- movers to run and imbeds losses on remaining shareholders. Even if shareholders don't want to run, they do not want to risk paying for someone else's losses. While the SEC recently proposed some modest changes to the structure of money market funds, the proposed reform options have too many holes and exceptions to adequately protect the financial system. One proposed option, the limited floating NAV option, would leave the structural risk in money funds that cater to retail investors or invest large portions of their assets in agency securities, including Treasuries, the Federal Home Loan Banks, Fannie Mae, and Freddie Mac. As we know, these assets are not free from risk, but the SEC proposal is treating them as if they are. Moreover, this special treatment for money funds that make investments in those firms over firms that make investments in other U.S. companies effectively further subsidizes Treasuries, the Federal Home Loan Banks, Fannie Mae, and Freddie Mac, over private market competitors. That is a mistake at a time when the government should be working to reduce government subsidies which distort capital allocation. This goes in the opposite direction. The other ``gates and fees'' approach is actually worse than current law because it will encourage investors to run sooner in order to avoid the ``gates and fees.'' A better approach is to treat all money funds like other mutual funds and require a simple, floating NAV. As seen during the 2008 crisis, the rigidity and destabilizing effects of a stable NAV can shut down markets and make crises even worse. A floating NAV is much more flexible and allows funds and markets to remain open and functioning in a crisis. Moreover, while other crises may occur, they would no longer be caused or exacerbated by the stable NAV. Finally, a strong floating NAV approach, as outlined in my written testimony, would help level the playing field for investment companies and investors by helping ensure that investment decisions and competitive outcomes are based on the quality of asset allocation decisions not the moral hazard of potential sponsor support. This is the same, simple, regulatory framework that applies to all other mutual funds, a framework that the SEC has implemented successfully and without systemic risk or taxpayer bailouts since 1940. Thank you very much. [The prepared statement of Ms. Bair can be found on page 52 of the appendix.] Chairman Garrett. Thank you. And next, we will hear from Ms. Chandoha, the president and CEO of Charles Schwab Investment Management, Inc. You are recognized for 5 minutes. STATEMENT OF MARIE CHANDOHA, PRESIDENT AND CHIEF EXECUTIVE OFFICER, CHARLES SCHWAB INVESTMENT MANAGEMENT, INC. Ms. Chandoha. Chairman Garrett, Ranking Member Maloney, and members of the subcommittee, my name is Marie Chandoha. I am president and chief executive officer of Charles Schwab Investment Management, Inc., the asset management business of the Charles Schwab Corporation. Thank you very much for the opportunity to discuss Schwab's perspective on the SEC's money market fund proposal. Schwab is one of the largest managers of money market funds, with 3 million accounts and nearly $170 billion of assets. The vast majority of these assets are held by individual investors. Approximately 88 percent are held in sweep funds which automatically invest cash balances while providing investors with convenience and liquidity. These sweep accounts allow retail investors to easily buy and sell stocks, bonds, and mutual funds and also allow them to write checks and pay bills electronically. Even in the current environment of historically low yields, individuals continue to use money market funds as a central element of their financial lives. We generally support the SEC's reform proposal. It is a serious and substantial proposal that strikes the right balance between reducing the likelihood of runs while also preserving money market funds as an extremely important cash management vehicle for individual investors. We further support combining the two alternatives that the SEC has proposed requiring institutional money market funds to move to a floating net asset value and allowing, but not mandating, a fund's board to impose redemption gates or liquidity fees if necessary during times of stress. We believe that redemption gates and fees could be a useful mechanism for an orderly liquidation of a fund that is in trouble. We agree with the SEC that the rule should focus on the greatest areas of risk by proposing a clear distinction between institutional and retail investors. Retail money fund investors have shown no propensity to run. Even in the financial crisis of 2008, retail investors did not run. Runs have been triggered by institutional investors who have large amounts of cash in the funds and who have the resources and technology to redeem very quickly. Targeting the area of greatest risk is the goal of any sensible regulation and we believe that the SEC has achieved that with their proposal. However, we do think that the proposed rule has a number of areas that can be modified in order to maintain the viability of this crucial investment product for the individual investor. Let me make two brief points. First, municipal money market funds should continue to have a stable NAV. These funds are much more liquid than prime funds and therefore much more resistant to runs. Both the SEC's analysis and our own experience shows these funds have been resilient in times of stress. Even in the midst of the 2008 financial crisis, municipal funds did not experience the redemption levels of prime funds. Second, the tax problems related to a floating NAV must be resolved before implementation so that investors are not forced to track and report hundreds of capital gains and losses. That would be an administrative nightmare for taxpayers. While we support the proposal, the rule is likely to result in significant outflows from prime money market funds. On one hand, this will reduce the size of the industry which ultimately reduces the systemic risk, but it is not clear where the outflows would go as investors still need to invest their cash. Some would undoubtedly flow to government and Treasury money market funds, but there is some question as to whether there would be enough of these type of securities to absorb the inflows. We also want to observe that the cost of implementation and the potential impact of the reforms on the financial system are both significant. We urge the SEC to carefully analyze whether these costs are outweighed by the benefits. In our comment letter, we list some recommended changes that would ameliorate some of these costs while still achieving the policy goals of this reform. Even with these changes, the costs remain significant. In closing, let me be clear. The SEC has proposed a serious set of reforms that will have enormous ramifications for the money fund industry. They will be costly for Schwab and other firms to implement, and they represent a fundamental overhaul of a product investors of all types have relied on for more than 4 decades. But we do support the proposed reforms because they are targeted at the most serious risks. Other regulators have called for a one-size-fits-all approach that would destroy the product for individual investors. We believe the SEC has found a tough yet pragmatic solution that will boost investor confidence, deter destabilizing runs, and ensure that individual investors can continue to rely on this critically important product. Thank you very much for inviting me to testify, and I look forward to answering your questions. [The prepared statement of Ms. Chandoha can be found on page 59 of the appendix.] Chairman Garrett. Thank you. Next up, for 5 minutes, we will hear from Mr. Gilligan, who is representing the U.S. Chamber of Commerce. STATEMENT OF JAMES P. GILLIGAN, ASSISTANT TREASURER, GREAT PLAINS ENERGY, INC., ON BEHALF OF THE U.S. CHAMBER OF COMMERCE Mr. Gilligan. Good morning, Chairman Garrett, Ranking Member Maloney, and members of the subcommittee. I thank you for the opportunity to discuss the potential impact of the SEC proposal on money market funds on the business community. My name is James Gilligan, and I am the assistant treasurer of Great Plains Energy Incorporated, which is the holding company of Kansas City Power & Light Company and KCP&L Greater Missouri Operations Company based in Kansas City, Missouri. Our electric utilities serve over 830,000 homes and businesses in 47 counties in Missouri and Kansas. I also serve as the chairman of the Association for Financial Professionals Government Relations Committee, and I am here today testifying on behalf of the U.S. Chamber of Commerce and the thousands of corporate financial professionals who are tasked with managing their companies' cash flows and ensuring that they have the working capital and liquidity necessary to efficiently support their operations. There are several important points I wish to stress to the subcommittee today. Money market funds have existed for over 4 decades. These funds are used by businesses throughout the United States to meet their cash management and short-term funding needs. They are an integral part of a tightly interwoven system for low-cost, short-term business financing of unrivaled liquidity and efficiency. This system has served the American economy well, and provides a competitive advantage for American businesses in global markets. The Chamber and the corporate treasury community believe that the major rule changes to money market mutual fund regulations that were implemented in January 2010 were well- conceived and strengthened the product to withstand significant market stress. As the SEC considers moving forward with additional regulation, it is incumbent on the Commission to take a balanced and data-driven approach to further strengthen money market funds while preserving the critical role they serve for U.S. businesses and nonprofit organizations. If the floating NAV proposal is adopted for institutional prime money market funds, it would fundamentally alter the product, eliminating stability and liquidity, the key attributes that attract investors. Thus, money market funds would no longer remain a viable investment option to many treasurers and financial professionals. Consequently, with fewer investors and less capital to invest, money market funds would no longer remain a significant purchaser of corporate commercial paper. The reduced demand would drive up borrowing costs significantly by forcing companies to fund their day-to-day operations with less efficient and more costly alternatives. Currently, Great Plains Energy offers interest rates to investors on our commercial paper in the current range of 30 to 70 basis points. If, instead, we had to use our revolving credit facilities with our banks for overnight borrowings, those borrowings would be priced at the prime rate, plus a spread, which at current rates, is at least 3.3 percent, or 330 basis points--10 times higher than where we can place overnight commercial paper. In addition, the company would be required to borrow at least $1 million, whereas commercial paper can be sold in increments of $100,000; and to request a more comparable LIBOR- based borrowing from our bank group would require 3 days prior notice, have a minimum term of 30 days, and be for a minimum amount of $5 million, and it would still be at a rate of about 125 basis points higher than our commercial paper for the same term. This is a cheaper option, but again, it is up to 4 times more expensive than commercial paper. The SEC's proposal acknowledges that a floating NAV will not necessarily reduce the risk of widespread redemptions during times of market stress, and given the uncertainty as to whether this proposal will protect against a run on money market funds, we believe it is inappropriate to implement the proposal since it will undermine the value and key attributes of money market funds while driving up costs drastically. The Chamber does support greater transparency with respect to the holdings of money market funds and the daily disclosure of a shadow NAV that many funds currently report--provide investors with the benefits of a floating NAV without jeopardizing the viability and utility of money market funds. In conclusion, the cost of the floating NAV far outweighs the benefits and is another case of where the medicine may kill the patient. This concludes my statement and I am happy to answer any questions. Thank you. [The prepared statement of Mr. Gilligan can be found on page 72 of the appendix.] Chairman Garrett. Thank you. And finally, from the Investment Company Institute, Mr. Stevens is recognized for 5 minutes. STATEMENT OF PAUL SCHOTT STEVENS, PRESIDENT AND CHIEF EXECUTIVE OFFICER, THE INVESTMENT COMPANY INSTITUTE (ICI) Mr. Stevens. Thank you, Chairman Garrett, Ranking Member Maloney, and members of the subcommittee. It is a pleasure to be with you this morning. The SEC rulemaking that you are examining really is vitally important to some 61 million individual investors, and literally thousands of institutions in our country, including businesses, State and local governments, and nonprofits that depend, today, on money market funds as a low-cost, efficient cash management tool, and one that provides a high degree of liquidity, stability of principal value, and a market-based yield. For 5 years, ICI and its members have worked diligently with the SEC, with the Congress, and with other regulators to develop ideas about how to make money market funds more resilient under even the most adverse market conditions. I would observe that the SEC has 40 years of success in regulating these funds. Its expertise and its experience mean, in our judgment, that the Commission is in the best position to implement any further reforms. In our work on money market funds, we stress two principles consistently. First, the reforms should preserve the fundamental characteristics that make money market funds so valuable to investors and to the economy, as you have heard on the panel this morning. And second, that we should preserve choice for investors by insuring a continued robust and competitive money market fund industry. Now, applying those two rules to the SEC's rulemaking, those two principles, I would offer 5 summary conclusions. By the way, I would note for the subcommittee's benefit, we did file yesterday about an 80-page comment letter on these, so this is, in fact, just the top line. First, we agree with the Commission that there really is no reason to apply structural changes to funds that invest primarily in Treasury or other government securities-- collectively, government money market funds. Second, funds that invest primarily in short-term debt of State and local governments should be exempted from these structural changes. The characteristics that the SEC attributes to government funds apply with equal force to those of tax- exempt municipal funds. There is no evidence that investors in tax-exempt money market funds redeem en masse during periods of market stress. Moreover, these funds hold the great majority of their assets in highly liquid securities that can be liquidated to make redemptions. Experience also shows that credit deterioration in securities issued by one jurisdiction does not tend to affect other jurisdiction's securities. Given the vital role that they play in financing State and local governments, tax-exempt funds should not be subjected to disruptive and expensive structural changes. Third, in discussions with our members and their shareholders, one thing has become crystal clear--combining the SEC's two proposals would render money market funds entirely unattractive to investors. The Commission's proposals, in effect, confront investors with a choice: sacrifice stability, in the case of floating net asset values on prime institutional funds; or face the prospect of losing liquidity under extreme circumstances, through the proposal for liquidity fees and redemption gates. We have found that some investors place more of a premium on principal stability, while others value ready access to liquidity more strongly. But, and I want to emphasize this, virtually every ICI member tells us that no investor would purchase a floating value money market fund that was also subject to constraints on liquidity. Investors have, frankly, other less onerous options readily available to them. Fourth, if regulators do feel that it is necessary to require some money market funds to float their values, it is critical that we address the significant burdens on investors in the tax and accounting treatment of gains and losses. This will require action by Treasury, the IRS, and perhaps even by the Congress. Unless these issues are resolved in advance, investors are unlikely to accept floating value money market funds and significant disruption of short-term credit markets is highly likely. And fifth, we support the Commission's recognition that its proposal should be appropriately targeted, and that funds intended for retail investors should be exempt from any requirement to impose floating NAVs. We have significant concerns, however, about the practicality and costs of the SEC's proposed definition of retail funds, based on daily redemption limits. Instead, we recommend the use of Social Security numbers as the fundamental characteristic to identify investors eligible to invest in retail funds. This approach would be far less costly than other methods of defining retail funds and far easier for investors to understand. In the 5 years since the financial crisis, the fund industry has strongly supported the SEC's efforts to make money market funds ever more resilient, even as they continue to play their valued and important role for investors in the economy. We appreciate deeply the support that many members of this committee and subcommittee have shown for our efforts. I look forward to your questions. Thank you, Mr. Chairman. [The prepared statement of Mr. Stevens can be found on page 111 of the appendix.] Chairman Garrett. Thank you. And I thank the panel. We will now go to questions, and I will recognize myself for 5 minutes. And I will start, I guess, with Mr. McCoy. My general question is going to be what your opinion is of the effect of these rules on municipal money market funds; but, something you brought up during your testimony with regard to the LGIPs, and you said something about the banks that are--is there is an overcollateralization requirement? So, can you answer both of those questions, just quickly on the overcollateralization? Mr. McCoy. Yes. On the collateralization requirement, there, local investment pools no longer could remain 2a-7 like-- Chairman Garrett. Yes. Mr. McCoy. --to be stable value. One of the alternatives a lot of people look at is moving money into banks. Chairman Garrett. Right. Mr. McCoy. The problem is, banks have to post collateral in mark-to-market daily to secure public deposits. And at 110 percent level, the cost of the bank, both has to be a bank that is willing to accept a public deposit, pay some rate of interest comparable to any other investment; but also, the availability. We have found, recently, two colleges, as their deposits grew larger, working with a smaller community bank, they did not have collateral sufficient to cover those deposits, and they did ask that the accounts be moved to larger banks. Chairman Garrett. Okay, I can agree with that-- Mr. McCoy. Probably in a lot of smaller communities, there are not banks available-- Chairman Garrett. I get where you are going. Okay. Mr. McCoy. And then, on the other, on the municipal money market funds that we have, we do feel like that municipal security--short-term securities, should receive the same treatment as the U.S. Government obligations, as to have an exemption for them in that they are not retail funds. A lot are institutional investors, so they cannot qualify under the retail exemption the SEC has proposed. So, we have asked that they receive an exemption. Chairman Garrett. All right, great. Thank you. Ms. Bair, you raised the point--an interesting one with regard to if you have the gates and the restrictions on there that may accelerate the withdraws, right? Can't a thing be said, or can't it be said with regard to a floating NAV that if you have a floating NAV as the investor sees it--``oops, it is down, it broke the buck, so to speak, and all of the sudden, that is my first cue to pull out as well,'' so is one worse than the other? Ms. Bair. That is going to be true with any mutual fund. Frequently, what you find what you get into downturned situations is that people take their money out of lots of mutual funds. They reprice, they go into Treasuries, they fly to safety. The issue is whether the government is going to give them an incentive to run. And so with the stable NAV, they are, because you are a smart, one of the so-called smart money and you are seeing, ``Oh, the assets in this fund are only worth 97 cents, I can still get out at a dollar--I am going to go out. The government is giving me an affirmative incentive to run.'' Chairman Garrett. Okay. Ms. Bair. That is the inherent source of instability. Chairman Garrett. Another question--another point you raised during your testimony, do you believe now that the law would prohibit a bailout, if you will, and assure of the funds? Ms. Bair. I do. Chairman Garrett. Okay. That is because of-- Ms. Bair. Because of the--yes, that was put into law--was it the TARP legislation, I think-- Chairman Garrett. Yes. Ms. Bair. There is a specific statutory ban, and remember ranking others have affirmed-- Chairman Garrett. So, what about-- Ms. Bair. It has no intention to bail them out, they don't feel like they have authority to-- Chairman Garrett. Yes, well, they don't have any intention to bail out of things. So, what about under Section 13.3, would they be--if they were not an individual firm or--but as a same last time, if it is systemic to the entire economy and the Fed identifies an entire industry that needs to be preserved or protected under 13.3, wouldn't they have the authority to do so there? Ms. Bair. If it is generally available, that is right. But there are special prohibitions for money market funds. So, I think, that is really-- Chairman Garrett. So, it is a question of which law prevails, whether they--with the prohibitions, or-- Ms. Bair. I don't know. I think that the more--the greater likelihood is if we leave this structural instability in place, and we have another problem, they are going to be coming to Congress and asking you to vote for a bailout. That is what is going to happen, because I don't think they feel like they have the authority to do it, and so, it is going to be on Congress' head, to vote or not. This is the way it was in court and a lot of you face some tough reelections; some of you lost those, because of that vote. Chairman Garrett. Okay. So many more questions. Can you kind of speak to the issue? Mr. Stevens, I think you brought it up with regard to the shadow NAV, and the effect--the positive effects that could have, and the transparency element, and I guess if you want to do them and you answered one of my questions already, would simply transparency, and I know-- Would simply the transparency aspect of the rule and putting in some temporary limitation gates be adequate? Mr. Stevens. If I could take the first part of that, I really would recommend to the subcommittee a report that Dennis Beresford, who is a former Chairman of the FASB, has prepared. And it examines how we maintain a stable NAV and money market funds. It is done through something called amortized cost evaluation of the securities in the portfolio. Amortized costs is an accounting convention which is 40 years old. It is not a fiction; it is a convention. In fact, it is a convention that Ms. Bair has recommended very strongly be applied to the banking industry. But apparently in our context, it is not a convention, but a fiction. The reality is that as Beresford's report points out, the mark-to-market value of these portfolios fluctuates from $1 only infinitesimally on average, maybe a basis point or so up and down. So the value is, in fact, I think a reality, and Beresford's report makes it clear that this is a fair way to value money market funds. It is not a fiction. Chairman Garrett. Okay, I am going to try to contain my time as I do with everybody else, so I appreciate that motion. If you can give me some further answers on the rest of the questions, I would appreciate it. Mr. Stevens. I would be happy to, Mr. Chairman. Chairman Garrett. The gentlelady from New York is recognized. Mrs. Maloney. Thank you. On the liquidity fee proposal, of the fees that are intended to deter investors from withdrawing their money in times of stress, and I would like to ask James Gilligan, in the SEC's proposal, the maximum size of the liquidity fee would be 2 percent, and as an investor, do you think a 2 percent liquidity fee would be enough to deter you from withdrawing your money during times of crisis? Mr. Gilligan. Recall in my testimony, I am not a net investor, so this is speculation on my part, but I think that liquidity gates and redemption limitations are not palatable to corporate treasurers in any sense of the word, and they would not be attracted to investing in money market funds to begin with. That is our point, that this could destroy the product of money market funds and have repercussions that are far more extensive than what are being contemplated by imposing that. I don't frankly know if a 2 percent liquidity limit will keep people from redeeming or not. They are not going to like that there is going to be a gate on their redemptions, period. Mrs. Maloney. There is some proposal to raise the amount that the 2 percent is not doing the job of, Ms. Bair, you testified that this would not help, that this would make the problem worse. Do you want to elaborate, and Mr. Stevens, your comment on this too? Ms. Bair. I do think it would make it worse. The prospect of the agencies will again give affirmative incentive to people to get out before the gates and fees go down, and I worry that again, that is going to be the more sophisticated investors who understand what is going on. That is why you saw retail not running, although I don't know that we can assume that won't happen again. One of the reasons retail didn't run is because the government quickly put a program in place, but they are going to be left, because, so a product that is designed for giving people the impression they have ready access to their cash, that their cash is fully protected, all of a sudden they are going to have to pay a lot of money to get their money out or perhaps even have to wait 30 days. But I think from an investor perspective, that is very ill-advised. And the thought, I think the industry is being somewhat inconsistent by suggesting that as a good approach. On the one hand they say, ``Well, this is a very, very important market,'' which it is. It is a huge market, despite potentially destabilizing. But on the one hand, they say, ``this is very important,'' but then it is okay to lock it down for 30 days, and not let people pay their bills or make their payroll or whatever. That makes no sense to me, so I think this is not a good option. I hope the SEC drops it. It is an alternative to the floating NAV, and I think it is very ill-advised. Mrs. Maloney. And Mr. Stevens, your position on the liquidity and fees? Mr. Stevens. Thank you, Mrs. Maloney. The reality is that the SEC staff report agreed with us in our recommendation with respect to the consideration of the liquidity gates and fees, that if you cast your mind back to 2008, it is the recommendation that would have stopped a cascade of redemptions. But I would say that in the industry, no one would wish to flirt with the triggers that would impose those gates or those fees. As the SEC has conceptualized it, if a fund's weekly liquidity falls to 15 percent of its portfolio, it would then be required to consider these two measures. That would mean that weekly liquidity had fallen by 50 percent. The requirement, if it were adopted into a rule that would be internalized by portfolio managers across the industry, would be to stay very well north of 15 percent liquidity. In fact, if you look across taxable money market funds today, their required weekly liquidity is $700 billion. Their actual weekly liquid assets maintained in their portfolios as of July was $1.3 trillion. Mrs. Maloney. And I would like to get Mr. McCoy's comment on this, and also, does anyone know where these fees go? The rule was very vague in where these fees go. Where do they go? Does anyone know? Just in the general Treasury? It doesn't say where it goes. Ms. Bair. They go back into the fund. Mrs. Maloney. Pardon me? Ms. Bair. They go back to the fund. Mrs. Maloney. They go back to the fund, and would be distributed among the other people? Ms. Bair. Yes. Mrs. Maloney. Mr. McCoy, your position on the-- Mr. McCoy. I know that is correct on money market funds. There is a concern on most of investment pools as to who we even legally impose liquidity fees, or gates in that could we actually take money from some local governments that are behaving one way, they want their money out, and pay it to others that are staying in. Mrs. Maloney. And on the floating NAV, can anyone estimate the average variability in the NAV of time funds if the SEC adopts the floating NAV plan. What does it mean? If it is near $1 or near $10, would they shift to that area? Any comments-- Mr. Stevens. Can I take a try at it? Actually, in order to force these funds' portfolios to float, for their NAVs to vary, the SEC is actually proposing a valuation method which is not characteristic of mutual funds, generally. It would require these funds to basis point round their portfolios 4 places to the right of the decimal. That requirement is intended to force a float which the normal pricing of mutual funds' experience would not display. So it shows you the portfolios here are really quite stable, and in order to make them float at all, the SEC has to depart from what is the convention with respect to other funds. Mrs. Maloney. Thank you. Any other comments? Chairman Garrett. No, and with that, the gentleman from Virginia is recognized. Mr. Hurt. Thank you, Mr. Chairman. I wanted to ask Chairman Bair, who obviously is very familiar with what happened in 2008 and was on the ground, if either or both of these proposals were in place in 2008, can you kind of walk us through what you think would have been the effect, and whether or not this would have had, either of them would have had a positive effect, why or why not? The second thing I was hoping you could also offer up is your view of how this regulatory proposal fits into what is being developed overseas and in other countries, and how that affects our competitiveness? Ms. Bair. Right. So I think the gates and fees would have made it worse. I think the floating NAV--look, if we never had this special SEC rule that allows a stable NAV, I don't think you would have seen such a huge shadow market develop. I don't think you would have seen other financial institutions that were relying on short-term money, so I think if we had that, the money fund industry from the get-go would be smaller, and I think it would have behaved like other money funds. You would have seen a lot of redemptions. You would have seen a flight to quality. You see, that is how markets work. They reprice in times of stress, but no, I don't think we would have had or seen the implosion that we had in 2008. This proposal, I believe, is weaker than what they are talking about in Europe. They are saying do a floating NAV or have 3 percent capital. If you want to have a stable NAV, you want to promise your investors you are going to have a dollar no matter what, put some capital behind it. They are saying 3 percent, so-- Mr. Hurt. So what is your view of the effect of our competitiveness, and what is available to the folks that Mr. Gilligan is speaking for in terms of having an efficient marketplace, and being able to have the most choices for the least cost? Ms. Bair. So look, implicit government subsidies always allow people to do business more cheaply. Guarantees of that capital behind them always allow people to do business more cheaply, but those models work until they don't, and they don't work in times of distress. So I think you need to think how it works in good times, which is it saves everybody money, and how it works in bad times, when it costs taxpayers, we know it did cost or forced them to take a lot of risk. Fortunately, it didn't end up costing anything. So I think that those are the tradeoffs you have to make, and again Europe is being tougher, and they don't seem to be worried about putting themselves in a less competitive position to us. Mr. Hurt. I also wanted to ask Ms. Chandoha, Mr. Gilligan and Mr. Stevens about what Mr. Gilligan testified to, and that was that the floating NAV proposal would deprive significant choices and impose significant costs. Ms. Chandoha, you testified that clearly the imposition of these rules or the floating NAV proposal would lead to migration out of money market funds. How do you respond to that concern that the cost is greater than the benefit at the end of the day? Are you able to respond to that, and then I would love to hear follow up from Mr. Gilligan and Mr. Stevens on that question. Ms. Chandoha. We really feel the 2010 reforms strengthened the money fund industry, but there still remain some perceived risks in the money fund industry. We think the SEC has taken an approach to identify the remaining areas of risk in the money fund industry, and we feel that the proposal will have an impact on corporate treasurers. I think there was an eloquent discussion of that, and we do think that there will be shrinkage of the industry. So there will be some costs, but it will reduce some of the perceived risks of the industry. Mr. Hurt. Okay. Mr. Gilligan. My response is, the floating NAV is not a solution to what I think the problem is that is trying to be solved, which is a run on money market funds. I implore everyone to consider, even if you go back to 2008, when the reserve fund broke the buck, and we had a flight to quality from investors who withdrew significant amounts of money from money market funds--all money market funds. The commercial paper market froze in 2008. So, that is an example that I hold out to you of what I think will happen to money market funds for different reasons. You impose these new regulations, they make them unattractive to investors, you will see them move funds out of the money market funds. You will see a complete freeze-up of the commercial paper market, like we saw in 2008, which will drive companies like mine to higher-cost alternatives, which will have an immediate impact on borrowing costs--which, in our industry, will eventually-- Mr. Hurt. Thank you. Mr. Gilligan. --get passed down into our rate payers-- Mr. Hurt. Got it. Mr. Gilligan. --and out of the pocketbooks. Mr. Hurt. Thank you, Mr. Gilligan. Mr. Stevens, I apologize, but my time has expired. Chairman Garrett. The gentleman yields back. Next, Mr. Ellison is recognized for 5 minutes. Mr. Ellison. Thank you, Mr. Chairman. And I wanted to thank all the panelists. Ms. Chandoha, I have a question for you. And I want to thank you for being here today. In 2011, Schwab became the first and only brokerage to insert clauses into your customer service contracts banning your customers from participating in any class-action lawsuit against your company. This is in addition to the requirement in your agreements, which is also used by other brokerages, mandating that disputes with individual clients be settled through arbitration. Your regulator, FINRA, is challenging the legality of your class-action waiver as a violation of its member rules. And I believe your firm issued a statement on your Web site on May 15th--which I can't locate now, by the way--announcing a temporary suspension of the practice pending the resolution of the FINRA action against you. My question is why Schwab, alone among brokers, feels that its clients should have to give up their right to participate in its class actions? Ms. Chandoha. I run the Asset Management Subsidiary of the Charles Schwab Corporation. The broker-dealer is a different subsidiary, so I am not the right person to answer that question. I am not very familiar with that particular issue. But we can certainly have someone get back to you on that, and answer that question. Mr. Ellison. I would appreciate that. I would just like to put a few other questions on the record for you. Maybe you can answer them, maybe you can't. But I would like to also know why Schwab can't put an end to this practice of not allowing their customers to participate in any class-action lawsuit. And then also, if Schwab is successful in stopping FINRA's legal challenge, is Schwab planning to re-insert the class- action waiver into the account agreements? Are those questions you can answer? Ms. Chandoha. Those aren't questions that I can answer, but we will certainly take those questions back, and we will have someone get back to you on that. Mr. Ellison. And also, I am curious to know if Schwab is going to re-evaluate whether taking away the right to go to court is fair to customers. So, I assume you can't answer that question, but I assume also that you will bring it back to the people who can. Ms. Chandoha. Yes, we will. Mr. Ellison. And I would also just like to express my concern about small investors having access to the courts. Putting aside the question of whether or not it is legal, I would like to know whether you believe, or whether you can get back to me on whether or not you believe it is fair for small investors to be forced to waive all rights to go to court to settle disputes before a dispute even occurs or can be understood against a company of significant size such as Schwab? Again, I am sure, this is for the record, and I am urging you to take it back. And I also want to express my concern that Charles Schwab believes it can establish a trusted relationship with clients while requiring every single one of its clients to give up its legal rights to go to court before they can work with you. So, I would like to just put those questions on the record. I will submit them to you in writing. And I just want to make it clear that this is an issue I am quite concerned about. Actually, we have crafted some legislation to address the issue. And I just want to underscore that we believe that the small investor needs to have a voice, and our concern about the practices in which Schwab is engaged. So, thank you for being as responsive as you can today. But please convey to your colleagues this is an ongoing issue, and this is not going to be dropped. Also, I would like to point out that I think this whole issue underscores why Congress sought to restrict the use of these contracts in Dodd-Frank, Section 921, and why we probably should have gone further. And it is also, again, why I introduced H.R. 2998, the Investor Choice Act, which would prohibit such forced arbitration contracts, when used by brokers to abridge the rights of their clients. And so, Mr. Chairman, whether by statute or the legislation or rule, the Federal Government has a duty to see that arbitration is not abused, and that investor rights are not further eroded by these types of clauses in broker-dealer contracts. So, thank you. I think I have--I am on my yellow light, so I would like to direct a question to Chairwoman Bair. Could you offer your views, ma'am, on how you would evaluate this proposed rule from the SEC with the three proposed reform alternatives set forth by the Financial Stability Oversight Council? Mr. Hurt [presiding]. Mr. Ellison, what I am going to do is, I am going to ask that the witness respond in writing. And if we have time at the end, we can-- Mr. Ellison. Oh, yes. I see we are at the red light-- Mr. Hurt. So, time has expired. Mr. Ellison. Thank you. I yield back the time I don't have. Thank you. Mr. Hurt. Thank you, Mr. Ellison. Next, Mr. Stivers is recognized for 5 minutes. Mr. Stivers. Thank you, Mr. Chairman. And thank you to the witnesses for being here. I want to follow up on something that the chairman of the subcommittee asked before he left. And I would like all the witnesses to sort of go down and give me their view of this issue. I believe that a floating net asset value will actually exacerbate the problem, because it will encourage people to redeem as soon as possible, because the risk is that your money will be worth less tomorrow, or 5 minutes from now, or whatever. So, I guess I want to ask all the way down the panel what your view is on that. I believe it makes the problem worse, not better, as far as rush to redemption. Could each witness tell me their opinion on whether they think it makes the problem better or worse? Mr. McCoy. We believe it would make the problem worse. And as institutional investors, we are concerned that it would make the problem worse. We also believe that the nuances of daily pricing--it will create some problems and confusion in the marketplace. It does not give time for any pricing errors to be reconciles and mitigated before damages are done. And so, we do think there are a lot of issues. We think it would make the problem worse. Mr. Stivers. Thank you. Ms. Bair. A floating NAV would make the problem--it deals with the core problem, which is that, with a stable NAV, if it is only worth 97 cents, you can pull out of the dollar. You are given an affirmative incentive to run. Markets reprice all the time, but if you get with a floating NAV, if you get it out, you will have to take a loss. Ms. Chandoha. We do think a floating NAV will increase the transparency. Schwab voluntarily chose to disclose our shadow NAV's earlier this year, so we do think that helps transparency, and reduces the surprise factor. So, if there is a discrepancy between the-- Mr. Stivers. My question is, will it increase the race to redemption, not does it increase transparency. Could you answer that question? Ms. Chandoha. Yes. I do think it helps mitigate the run risk. Mr. Stivers. Okay. Mr. Gilligan. I agree very strongly with you, sir. And also, I would echo the comments of Mr. McCoy. Mr. Stevens. We actually saw during the financial crisis funds that had floating net asset values per share experience massive redemptions. French money funds that had variable NAV's experienced them. Short-term bond funds in the United States experienced them. And more generally, we think that what happened with the Reserve Primary Fund was not attributable to its ``breaking a buck.'' It was a flight to quality. It was a flight to Treasuries and other quality instruments that was characteristic of the broad market. Two-thirds of all the dollars that flowed out of U.S. prime funds during that period flowed into Treasury and government agency funds. So, I don't think it was a fear of the ``breaking the buck.'' It was a general preference for safer assets. And if the Reserve Primary Fund had been floating at the time, you still would have found that a factor. Mr. Stivers. Thank you. Ms. Bair, if the floating net asset value results in a massive change in the size of the money market mutual funds market, which it probably will, from, say, $3 trillion to $1 trillion, and $2 trillion flows into banks that are government- insured with a government guarantee, doesn't that exacerbate the too-big-to-fail problem we have? Ms. Bair. The deposit limit is $250,000, so those are going to be uninsured deposits. And I don't know if that is where it is going to go. I am skeptical of some industry, not every one--some industry's predictions that this is going to result in a massive downsizing of the money fund industry. There will be some downsizing. Mr. Stivers. But there is a government guarantee up to $250,000. Ms. Bair. Up to $250,000. And there is also--the banks-- unlike the--banks aren't perfect. And I am not singling out money funds. There are a lot of reforms I would like to see with banks. The deposits--we do not have a systemic problem with deposits. Deposits have not run. Because we have a whole elaborate system of deposit insurance of access and Federal reserve lending. Banks have to hold capital and unsecured debt, which by statute, take first loss before you can get to deposits. So, that part of the banking system works well. Mr. Stivers. But it makes the banks bigger if the funds flow to the banks? That is correct, isn't it? Ms. Bair. If those deposits flow into banks, yes, it will. Yes. Mr. Stivers. Thank you. The next question I have is for the two treasurers, Mr. Gilligan, and then the State treasurer, about what would happen--what would you do if you didn't have a stable net asset value in money market mutual funds? Would you be able to use them to invest in? Mr. Treasurer? Mr. McCoy. At the State of Georgia, our focus would be-- because--at the local governments cannot invest in straight and in privately managed money market funds. They can invest in the State and local government investment pool. If we could not operate the stable value, we would explore how to operate as a stable value. It may not be a 2a-7 light fund, but we could not under the current State laws, and I don't think it would be prudent to change our State laws to take away the preservation of principal as a top priority to actually move to a floating NAV. So we would explore how to restructure local government investment pools, as I think other States would too. I think also I would like to comment-- Mr. Hurt. Mr. McCoy? Mr. McCoy. --on your other question. Banks are--there are also-- Mr. Hurt. Mr. McCoy? Mr. McCoy. --bank stiff funds. Mr. Hurt. The time of the gentleman has expired. Thank you for your answer. The Chair now recognizes the gentleman from California, Mr. Sherman, for 5 minutes. Mr. Sherman. Thank you, Mr. Chairman. I realize it is a bit unfair to my colleagues to just walk in right before it is time for my questions. I just arrived at the airport half an hour ago. It was pretty meaningless anyway. In crisis circumstances, the funds may have been worth quite a bit different than the exact $1. But today, how big is the variation? Are we talking about every fund being between a dollar and a tenth of a penny or minus a tenth of a penny? Or if we really knew the shadow NAVs, how big a difference is there? Chairman Bair? Ms. Chandoha. I can answer that question. The variability is very minuscule. It is out several decimal places and is in the range of a tenth of a penny. So, it is very tiny. Mr. Sherman. But if you have $10 million to invest and you just have to move your money from a fund where you are down a tenth of a penny per dollar over to a fund where you are up a tenth of a penny per dollar, if you have $10 million, that-- Ms. Chandoha. There are very few funds right now which are below a dollar. Most funds are above a dollar. Mr. Sherman. Above a dollar by more than a tenth of a penny? Ms. Chandoha. In that range. But it is very, very small around a dollar. Mr. Sherman. Could we meet the needs for stable investment vehicles if we had a fixed dollar on U.S. Government investing funds, Mr. McCoy? Mr. McCoy. For governments, no. Local governments and State governments, no. In fact, we would run into a problem if it was a government-only fund during a period like we had last September, I think it was September 28th, when Treasuries went into negative rates for a short period of time when there was a flight to quality. We cannot buy a security that would have a loss in principal. And so actually when you have negative interest rates, which we have seen in some European countries and we have seen for one day in U.S. short-term Treasuries, that they really would not be even applicable or eligible for us to purchase. Ms. Bair. I think--was your question with this, a stable NAV with government funds, would that actually meet the need of having payment processing which would be less risky than prime funds? And I think that is a question-- Mr. Sherman. Yes. Thank you for restating the question. Mr. McCoy. But from our perspective, it would be that we could not necessarily manage a local government investment pool with government only and meet the qualifications because we may have to-- Mr. Sherman. Because of what? Mr. McCoy. Because the requirement of the amount of U.S. Treasuries that we would have to keep short, if we see a flight to quality that we--for instance, managing a local government investment pool, some of the-- Mr. Sherman. If I can interrupt, are you referring to circumstances where the government paper has a negative yield? Mr. McCoy. That is one. Also, we do have some other requirements for State governments in managing pools. For instance, our bank deposits would not qualify. So there are a lot of issues with local government investment pools that is not an option. Mr. Sherman. Does anyone else on the panel have a comment on that? Ms. Bair. I think that is a great question. As I say, I think there are significant downsides to letting--using a stable NAV for government funds which I articulated in my testimony. But I do think for those who suggest that the SEC's proposal is somehow going to disrupt the ability of large corporations or municipalities or whatever to have a place for--with a stable NAV for payment processing, they could use government funds under the SEC proposal. I think that is a good thing to note. Mr. Sherman. Okay. I want to yield the rest of my time to the gentleman from Massachusetts. Mr. Lynch. Okay, thank you. This is going to be a great opportunity. First of all, I want to thank all of the panelists. You have offered some very thoughtful testimony here. Ms. Bair, in your expanded written testimony, you really do point to the stable NAV as the culprit and the inducement to run. Now if Mr. Stevens and what my colleague Mr. Sherman has suggested, if this differential is very small, isn't that an insurable risk? If the delta is so small, why can't we have insurance for those parties investing in these funds so that if we did bump up against the dollar the insurance would kick in? There wouldn't be an inducement to run. The delta would be insured and we wouldn't have the flight to quality that we see now, or am I just moving the goal post? Mr. Hurt. Mr. Lynch, I think your time has expired. Mr. Sherman's time has expired. What I would like to do is recognize Mr. Hultgren for 5 minutes, and then the witness can answer your question. Mr. Lynch. Sure, that's great. Okay, fair enough. Thank you. Mr. Hurt. The gentleman from Illinois is recognized for 5 minutes. Mr. Hultgren. Thank you, Mr. Chairman. Thank you all for being here again. I think this is a very important topic that I certainly want to understand, and I know my colleagues do as well. And just to recap, I think my understanding is pretty clear from your testimony, from the questions that certainly for investors two of the most attractive features of money market funds are stable NAV and also liquidity. It also seems fair to say that these features, if they are compromised by floating the NAV or imposing gates or fees, we would likely see--most of you had said this--we would see money flow out of the products and we would see less demand for money market funds. Mr. Stevens, I wondered, this movement out of money market funds, would that also be seen in institutional prime funds as well as municipal funds? Mr. Stevens. I think it would be across-the-board, assuming that the requirements were applied uniformly, particularly if they were applied in combination. And we have given a lot of thought over these past 5 years to where the money would go. One of the convictions I think, particularly for retail investors, is that it would flow into bank deposits and probably be concentrated in the largest of our banks. With respect to institutions which have more alternatives, there are private funds that they could use. There are offshore vehicles that they could use. None of them have the transparency or the regulation that are characteristic of today's money market-- Mr. Hultgren. Treasurer McCoy, if I can ask you a quick question, if we expect an exodus of investors from municipal tax-exempt funds, couldn't this mean a cost spike for State and local government financing? Mr. McCoy. It would. Anything that would reduce the demand for our issuance of bonds would increase our borrowing cost. Mr. Hultgren. So it is really--the potential is the new rules could indirectly burden our constituents, the taxpayers, with highest costs for States and municipalities. Is that true? Mr. McCoy. Absolutely. It would drive up our borrowing costs. Mr. Hultgren. Okay. Mr. Stevens, jumping back to you, quoting from your testimony, the SEC--as you stated--released proposals to exempt government money market funds from further structural reform because of, among other things, the following: Government money market funds are not susceptible to the risks of mass investor redemptions. Their securities have low default risk and high liquidity, and interest rate risk is generally mitigated. Could the same be said of municipal funds as well? Mr. Stevens. Yes. In fact, we believe that the municipal security market reflects many of those same characteristics. In addition, we have looked at the Detroit bankruptcy, the experience in September of 2008, and the problems in Orange County historically and have discovered that those major shocks in the market did not precipitate outflows en masse from tax- exempt money market funds. Mr. Hultgren. Ms. Chandoha, in your testimony, I gather that you would agree with ICI's conclusion that municipal money market funds are particularly resilient, to quote your testimony, and don't pose a systemic risk. Is that true? Ms. Chandoha. That is true. I agree with what Paul said, that the municipal money funds are much more liquid than prime funds, so they are far more resilient. They proved that in the financial crisis. We didn't really see flows there. They are also--they represent 10 percent of the whole money fund industry, so they are very small relative to the entire industry, but yet have outsized importance for State and local governments to finance themselves. Mr. Hultgren. Okay. Treasurer McCoy, I wonder if you could help me further understand. I have met with some State treasurers, but I want to ask if you could briefly lay out the implications of the SEC's proposal for local government investment pools, or LGIPs. The LGIP structure won't be familiar to everyone here, and I believe the effects of the SEC's alternative proposals certainly could pose a significant risk to participants in LGIPs, potentially harming the finances of those municipal entities. Could you tell us just briefly--I only have a few seconds left--if you see this as a potential harm and a concern we ought to have? Mr. McCoy. I think every State that manages an LGIP would look at this very seriously. I think that we will--as State treasurers, we would work with GASB to see if we could encourage GASB to change their rule to be more like the office of the OCC rule for bank stiff funds, which does describe--or require a stable NAV by using amortized cost accounting. So it would, we would be moving in that direction to see if we couldn't get some relief there. Mr. Hultgren. My time is about to run out. I am going to ask if I can follow up with some written questions and ask for your response. One in particular is NAST, concerned with the SEC's proposed elimination of the 25 percent basket, returning to a 10 percent limit, effectively could cap municipal debt held by a single MMF regardless of creditworthiness. So I have some questions about the impact, again, on taxpayers, on our constituents. My time has expired, and I yield back. Thank you all very much. Mr. Hurt. The gentleman's time has expired. And the Chair now recognizes Mr. Lynch for 5 minutes. Mr. Lynch. Thank you. Again, if I could go back to my question, Ms. Bair, it is sort of two dimensional. One is, would we be able to ensure the risk of breaking the buck to remove that inducement to run? And the other is, by creating an insurable situation there, you would allow the insurance company to actually look at the quality of the assets within the fund in setting the insurance rate. Is that something you had considered? And I do appreciate the courage of your position. You are not the most popular person in the room, but I do appreciate your candor, your honesty. Ms. Bair. So this would be using a private insurance or government insurance program? Mr. Lynch. Either way. The SEC is now talking about fees-- Ms. Bair. Right. Mr. Lynch. Redemption fees-- Ms. Bair. Right, right. Mr. Lynch. If you are going to charge them. Ms. Bair. Right. I think if policymakers decide that we need the fund industry as it is because of the payment processing services it provides, especially for large corporate users and governments, to do it up front with some type of insurance program that you pay for is the best way to do it. I am not advocating that, but I am saying if you want this industry to continue the way it has been, which now has an implicit government guarantee, frankly, a guarantee without any capital behind it, nothing behind it except kind of a wing and a prayer, that would be the way to go. I am not advocating that, but if you want this industry to continue the way it is with the stable NAV for a wide variety of large corporate users in particular, that would be a better approach than to leave things the way they are. Mr. Lynch. Thank you. And let me ask you, Ms. Chandoha has recommended--and again, this is for you, Ms. Bair--in her testimony that municipal MMFs, money market funds, be exempt from the floating NAV requirement. And there is a public purpose in terms of the municipals that is undeniable, and I worry. I have a letter here from the Massachusetts Municipal Association. I will ask unanimous consent to enter that into the record. And also, a letter from Governor Patrick-- Mr. Hurt. Without objection, it is so ordered. Mr. Lynch. --arguing against the floating NAV. So, what are your thoughts on that in terms of exempting them? Ms. Bair. I don't like the government securities generally, so I would take it all out. I would say that the argument is stronger for a Treasury-only fund than it is for GSEs. And I am sorry you have credit risk with municipal debt, you do. You certainly have interest rate risk with all of them. So, no, I would just like to get rid of that exception for government funds. But I certainly wouldn't want to expand it. Mr. Lynch. Okay. And, lastly, again, this has been touched on several times. I just looked at the size of the 10 biggest banks back in 2008, for those that are still around and a lot of them are not. On average, they have increased 40 percent in size between 2008 and 2013. And I am just concerned about this too-big-to-fail problem. If we are going to create safeguards, that does induce folks to get out of money markets, and if they do run to banks, are we creating even a bigger problem on that end? Ms. Bair. I don't know where the money would go. I don't know that it would go to the largest banks. I think, typically, when I was at the FDIC, we saw a lot of volatility with community bank deposits depending on where the money fund rates--returns were. So, I think there is--definitely if you are worried about competitive issues, it is not clear to me at all that this is going to be benefiting the big banks. I would say, though, this is-- Mr. Lynch. If I could, I think in the money market space, we have seen the size of sponsors-- Ms. Bair. Certainly, on the retail level-- Mr. Lynch. Influence. Ms. Bair. On the institutional level-- Mr. Lynch. Yes. Ms. Bair. Yes, you would assume that very large accounts, I would assume, would go to the larger banks. For the retail level, I don't know if that is the case. So, look, this is not about--I think there is a perception--or those who want to keep the status quo want people to think this is bank-driven or bank regulator-driven. This is system stability-driven. I don't think the big banks are not supporting this. A couple have weighed in on the side of the fund industry because they have their own money funds. They have more deposits than they know what to do with already. So, I don't think they are driving this. I think what this is about is system stability. You have a banking system, albeit imperfect, and it needs changes, too. But, on the deposit side, it worked pretty well, and the reason is because you have a number of safeguards like deposit insurance, like Federal Reserve Board lending, like capital and unsecured debt that takes first loss before deposits would ever be hurt, which is why deposits mostly suck even the uninsured stuff. So, it is whether you want a shadow bank or not. You have a shadow bank that works in good times and it doesn't work in bad times. So, if you want to keep this, then you are right, go with some kind of government-- Mr. Lynch. Thank you-- Ms. Bair. --insurance program for that. Mr. Lynch. I yield back. Thank you for your courtesy. Mr. Hurt. Thank you, Ms. Bair. The Chair now recognizes the gentleman from South Carolina, Mr. Mulvaney, for 5 minutes. Mr. Mulvaney. Thank you, Mr. Chairman. I fully admit that this is not something which is readily intuitive to most folks. I am not very familiar with it, so I appreciate all of you taking the time to help us get up to speed. When I deal with things that I don't readily understand, I like to go back to the very beginning of the issue. And it strikes me that we are here and the SEC is proposing these rules, if I get this right, in order to prevent future runs on money market accounts. That is a fair statement, right? But yet, I hear Mr. Stevens then turn around and tell me that there was no run in 2008 on these money market funds, there was no run when Orange County went under on these money market funds several years ago. Mr. Stevens, you are shaking your head no, but I thought you said that there was no run on these accounts several years ago. Is this a solution looking for a problem? Why are we even talking about these things? Mr. Stevens. No, I believe, Congressman, what I said was that the problems experienced in prime money market funds in 2008 have been attributed to one fund breaking a dollar. Mr. Mulvaney. Right, just one. Mr. Stevens. Just one. The reality is that before the Reserve Primary Fund broke a dollar, 13 major financial institutions had collapsed or required a government bailout. Lehman Brothers went bankrupt, and the day the Reserve Primary Fund broke a buck, AIG was taken out. There was not a characteristic of money funds that was at issue. It was, in fact, a general flight to quality by all investors in the market. Remember, in those days, the banks wouldn't even lend to one another. So, what we saw is investors, very deliberately, leaving exposure to commercial paper and other assets that were opaque, including bank assets, bank-issued debt, and they were moving instead to the safety of Treasury and government agency securities, and one of the ways that they did so is by investing in Treasury and government agency money market funds. We interpret this to mean that it wasn't a structural issue with money market funds. It was, in fact, a basic problem in the commercial paper markets that all investors, including ours, were reacting to. So, we certainly had outflows, but the commercial paper markets were experiencing them across-the-board. Mr. Mulvaney. Thank you for that clarification. And to the extent that this is something which needs to be dealt with, tell me, Mr. Stevens--and I heard Mr. Gilligan say that a lot of funds have already offered--are starting to offer shadow NAVs. We have heard other folks testify today about funds offering voluntary--or talking about proposing voluntary gates and fees. Doesn't that voluntary system solve the problem just as well? If you had a shadow NAV with voluntary gates and fees, doesn't that accomplish the same thing? Mr. Stevens. We think disclosure can go a long way without having a requirement that we float the NAV to inform investors, since that is what many proponents of a floating NAV argue, to make them clear in their own minds that this is an investment product that can change in value. Some of our members have voluntarily started to do that. If the SEC were to require it across-the-board, that is something we could support. Mr. Mulvaney. So my understanding is that if you do the shadow NAV instead of actually mandating it, it does avoid some accounting and tax issues. Mr. Stevens. Yes, if you allow the transactional value to remain stable within the confines of the current rule, what you have is, you are sparing investors the need to keep track of infinitesimal capital gains and losses over time. Money market funds aren't like other mutual funds in the sense that you may buy a mutual fund, a stock or a bond or a hybrid fund today, and hold it for a long period of time. But, for a money market fund, you can be in and out of that constantly. Certainly, Schwab's customers are a great example of that, in Marie's testimony. And if you had a floating NAV, each one of those would have to keep track of minuscule gains and losses each time and report them to Uncle Sam. It would be a paper chase nightmare for tax compliance. And that is one of the reasons, I think, that money market funds are so popular because of the convenience that they provide through that stable $1.00 per share value base. Mr. Mulvaney. Thank you, Mr. Stevens. Mr. McCoy, I want to get back to you very briefly. I have 45 seconds left. At the very end of your testimony, you were saying something very interesting to me which is the impact especially of these proposed rules on small and rural communities. Could you finish that testimony please because that--you just described most of my district? Mr. McCoy. Yes, sir. Thank you. Those will be the communities we think will be most impacted, that your large metropolitan communities gain great benefit from local government investment pools, but many of those could adapt more easily. They have larger financial institutions in their community that they have banking relationships with that would work with them to accept deposits. Also, they do have some trained investment staff, and with very good systems, they could move to develop to buy securities directly. The smaller ones will not have the staff or the resources to look for alternatives. They will end up taking more concentration risk in securities instead of having a diversified portfolio in a local government investment pool. And often not have banks that would have sufficient collateral to accept their deposits. Mr. Mulvaney. Thank you, Mr. McCoy. Thank you, Mr. Chairman. Mr. Hurt. The gentleman's time has expired. The Chair now recognizes the gentlelady from Wisconsin, Ms. Moore, for 5 minutes. Ms. Moore. Thank you so much, Mr. Chairman. I thank the witnesses for appearing here today. I can't remember if it was Mr. Gilligan or Mr. Stevens who indicated that were we to float the NAV, there would be a lot of institutional investors that would flee from the money market funds and would go to alternative products. So, you guys are going to have to remind me who said that. And I guess I would like to know, what that would be? We have heard a lot discussion here today that they wouldn't necessarily go to banks. Banks are overcapitalized, they have record deposits and don't really necessarily want the money. So, thank you for helping me recall who said that. Mr. Gilligan. Yes, ma'am. I think I spoke to that. I think the answer to your question is I don't really know where these deposits are going to flow to; no one really knows. Ms. Moore. Would they go off-shore perhaps? Mr. Gilligan. They definitely could go off-shore. I think they will go to a number of different places. I think funds will flow to banks, which has been stated already have a lot of deposits and have grown in size. I think there will be some off-shore movement into nonregulated funds. I think there will be some transition into muni funds, govi funds, but I don't even know that they are going--those funds are going to have the capacity or underlying financial instruments to take the prime institutional money that will free up--that will move out of there. So, it is a good question. No one knows. Ms. Moore. And then, I would ask Ms. Bair, are we pooling risk into--you said that they wouldn't necessarily go to the biggest banks, but you acknowledged that they probably would. Are we just moving risk into government-backed banking institutions? Wouldn't risk pool there, if it were to go to those banks? Ms. Bair. Again, the banking system is made, first and foremost, for a safe place to put ready cash; cash you need to move in and out on a quick basis, that maintains stable value-- that is what banks are supposed to do. Money funds are somewhat of a shadow bank in that regard. So, the fact that it would go to banks is not--that is what the banking system is supposed to do. I think Mr. Gilligan has some good arguments with the suggestion that money fund investors are going to go to some shadow hedge fund in the Cayman Islands, it just doesn't pass the lab test. Money market fund investors are somewhat risk-averse. They are going to be looking for safe places. And so, I can't believe that this is going to go into the shadow sector; we have already talked about Europe, which is proposing tougher standards. So, I do think he has some good, very good arguments, which he has articulated very well. This one, I don't see any shadow banks out there that are going to be attractive to the kind of investors who put money in money funds. Ms. Moore. Okay, thank you for that. I have a couple of other questions for whoever wants to answer--feels adequate to answer it, I would invite them to answer it. Do we have any clarity from the IRS on the accounting consequences of floating the NAV? Yes, sir, Mr. Stevens? Mr. Stevens. Congresswoman, we have had discussions on behalf of the industry with both Treasury and the IRS. They are certainly aware of the issues that we have focused our concerns on if we go to a floating NAV. And, they have tried, at least, to be forthcoming. One problem is something called the wash sale rule--if you are transacting and you are in and out, and you sustain a period of losses and then you reinvest, they have said that they would waive the wash sale requirements, but the taxpayer would still have to keep track of all of the transactions in order to determine whether they are within the exemption that is being discussed. So, the administrative burdens are going to remain. And while that is at least promising, it doesn't really resolve the heart of the problem. Ms. Moore. Right. We are obviously going to see the money market fund really shrink considerably. And if the only investors in there would be maybe municipal bonds, who are treated more like corporate bonds than they are Treasury bonds, what impact will this have on changing or maintaining the low- risk profile of municipal bonds? Mr. McCoy. The question is whether the change on the municipal bonds--I am trying to make sure I understand the question--as to the impact on municipal bonds-- Ms. Moore. If they are just a primary customer, as everybody else is gone--I am assuming that others would leave and go to big banks--does that change the risk profile? Mr. McCoy. It would not change the risk profile of the bond issuers, it would change the appetite of the investors. And-- Ms. Moore. Okay. Mr. McCoy. So, it would remove the largest purchaser of tax-exempt bonds if the--if municipal money market-- Mr. Hurt. Thank you, Mr. McCoy. Mr. McCoy. --demand there are a large purchaser. Mr. Hurt. Thank you, Mr. McCoy. Ms. Moore. And thank you, Mr. Chairman, for your indulgence. Mr. Hurt. The gentlelady's time has expired. The Chair now recognizes Mrs. Wagner for 5 minutes. Mrs. Wagner. Thank you, Mr. Chairman, and thank you to our witnesses. This is going to be directed to Mr. Stevens. If the logic behind the SEC's proposal for floating NAV was simply to provide more transparency or to remove the unique ability of money market funds to hold their NAV constant, then I think, perhaps, the SEC's proposal might have some level of merit. But, as we know, that is not the primary argument that the SEC made. As they noted in their rule proposal, the floating NAV is designed primarily to ``address the incentive of money market fund shareholders to redeem shares in times of fund and market stress.'' The SEC believes that this would, I guess, address any contagion or systemic risk issues surrounding money market funds. So, my question, Mr. Stevens, is does the solution fight the problem? If there are real concerns about investor redemptions and systemic risks during times of stress, is a floating NAV the appropriate response? Mr. Stevens. We have been on record on this subject continually since 2009, and it has been remarkable how many voices there are who say that all we need to do is float the net asset value per share. Certainly, some voices at the SEC, and the Federal Reserve Bank Presidents recently have said that is the prescription. We have always wondered whether that would stop a massive redemption out of a money market fund vehicle in the circumstances that we faced in 2008 when basically, people were trying to flee from a certain asset class and to find a safer haven for their investor dollars. Nonetheless, it remains one of the two core proposals that the SEC has put in place. And so, our members have been trying to figure out which is better, from the point of view of the investors we are serving--a floating NAV per share, or redemption gates and fees? Mrs. Wagner. If a floating NAV caused investors to pull money out of money market funds, is it reasonable to believe that a lot of the money would flow into FDIC-insured bank accounts? Mr. Stevens. We have been on the record about where the money would go to, and it is a complex analysis. For retail customers, they really will have no alternative, I think, except for deposits. So, they will go to banks. Institutions have lots of other alternatives, and while Ms. Bair kind of dispenses with the notion that there are offshore and other kinds of markets, those actually already exist for institutional investors, and they don't have the transparency, they don't have the regulations around them. But if they can provide a current money market rate of return and a stable net asset value for large investors, they will be a very attractive alternative to uninsured bank deposits, for example. Mrs. Wagner. So, if we are looking at money market reform from the standpoint of taxpayer protection, the SEC's proposal could actually create a scenario where funds flow from a product that currently does not enjoy a taxpayer guarantee to bank deposits, which have an explicit taxpayer backing. Is that correct? Mr. Stevens. We have expressed that concern, as well. Mrs. Wagner. Wouldn't this end up creating more risk for taxpayers and perhaps even exacerbate the too-big-to-fail problem? Mr. Stevens. It certainly--remember, we are talking about $2.6 trillion in--that is intermediated through money market mutual funds today. That is a big number. And so, if a substantial portion of that were to go back into the banking system, some substantial portion of that clearly would be going to our largest banks. I think, to the extent that raises the concern you are suggesting, it may create a risk elsewhere. Mrs. Wagner. Thank you. Mr. Gilligan, you have an important perspective in this debate in that you are here representing Main Street companies that both invest in money market funds but also issue commercial paper that is bought by money market funds and is essential to financing operations. You noted in your testimony that, ``Corporate treasurers and financial professionals understand the risk of investing in money market funds, and that investments in these funds is not guaranteed by the U.S. Government.'' Do you believe the SEC's proposal for floating NAV will somehow uncover hidden risks of money market funds that corporate treasurers and other institutional investors aren't already aware of? Mr. Gilligan. Absolutely not. And I argue a little bit with this notion that investors believe there is an implicit guarantee, anyway, of money market funds. I don't believe that, and I don't think the majority of investors believe that. Where that comes from, I don't know. By definition, institutional investors are sophisticated enough to understand the underlying risk and the shadow NAV takes that into account. Mr. Hurt. Thank you, Mr. Gilligan. Mrs. Wagner. Thank you-- Mr. Hurt. The gentlelady's time has expired. The Chair now recognizes Mr. Perlmutter for 5 minutes. Mr. Perlmutter. Thanks, Mr. Chairman. Ms. Bair, I don't like being at odds with you. We went through all of this together 5 years ago today, I think, is when we began to see a run on money markets. And the reserve fund broke the buck today or tomorrow, 5 years ago. So, this net asset value floating--Mr. Hurt asked a question and I want to just follow up on that--Lehman Brothers is, say, at 10 o'clock on a Sunday night, is at 20 bucks per share, and reserve has it as an asset trading; by Monday morning, it is 2 bucks a share. Okay? So, in a time of crisis--because that week was Merrill Lynch, AIG, Lehman Brothers, Wachovia, Washington Mutual and then the money markets--in 5 days. The net asset value piece, I don't understand how it makes a difference. Because all of a sudden, they have gone from $1.2 per value, down to 97 cents. And the net asset value is just going to tell you that. My feeling, and I guess I am very laissez-faire on this-- Colorado counties lost a ton of money in the reserve fund. They went into bankruptcy; they got 93 cents back, Okay? What different does this make at all when you really are in a financial crisis like that? I think the insurance that--and I want to thank you for that--was posted over those couple of days, that is what stopped the run. Not the fact that people could say, ``Oh geez, it is 97 cents, I want my money back.'' So, please-- Ms. Bair. So, a couple of things. We had an unstable system develop because of the stable NAV. We wouldn't have had such a large shadow banking sector; we wouldn't have had so much financial institutional reliance on money fund financing to begin with. So I think there is that. Plus, I would like to know, why is it that we had to bail out money funds, but not other mutual funds? This was just a matter of repricing-- Mr. Perlmutter. Okay, and I get--this is where I disagree, because it is at $1.2 Sunday night, and at 97 the next morning; it would have have made any difference. That is what then created, in my opinion, the run-- Ms. Bair. But there was always repricing, there was always withdrawal. There were withdrawals in lots of mutual funds. We didn't have to bail out those mutual funds. What was it that was unique about money funds that made taxpayers have to come in and take huge risks that they have-- Mr. Perlmutter. What is unique is they were treated as checking accounts-- Ms. Bair. Yes. Mr. Perlmutter. And so the real issue-- Ms. Bair. They are like banking, or shadow bank-- Mr. Perlmutter. As if they are treated as checking accounts, should there be insurance--not do you mark-to-market every day. Ms. Bair. That would be another alternative. That is something Congress would have to do. If you want this alternative to traditional banks, if you want them to have some kind of new kind of bank called the money fund that is going to have insurance, you will need to charge for that, and you probably want to have some first-loss protection like capital, the way we do at banks. Then do that, if that is what you want, I am not-- Mr. Perlmutter. Or it is buyer beware, and so I guess that is where I am sort of laissez-faire, because-- Ms. Bair. --if they-- Mr. Perlmutter. Colorado counties took a clobbering. Ms. Bair. Right. Mr. Perlmutter. Okay? And if Colorado counties want to continue to do this, buyer beware. Ms. Bair. They are--can be--would be--were a lot better if they see the value of the fund fluctuating every day. It would be a daily reminder that they are not guaranteed. The stable NAV-- Mr. Perlmutter. Let me speak to Mr. McCoy. You are watching these things all the time, are you not as a treasurer? You are watching the value of your investments? Mr. McCoy. Absolutely. Mr. Perlmutter. Every day, so it is more the retail people I am worried about, and that is why an insurance fund of some type might be beneficial because it would be like an FDIC fund, but I just don't think the marking-to-market every day, which is what the net asset value thing is all about, changes the equation. Ms. Bair. But they have to, if they have to sell assets for redemptions. They have to sell at the market, so that is a much more accurate reflection of what the value of this fund is worth. I would just--a lot of people have asked me, and you did just again. What would have made the difference if we had a floating NAV? I think the better question is, what would have happened if we hadn't had a taxpayer bailout? This idea that there is only one fund that has ever broken the buck. How many funds would have broken the buck if taxpayers hadn't stepped in? And I'm sorry, Mr. Stevens, but your industry was in a bit of a panic. I was around, and you wanted that bailout, and you bought into it. Mr. Perlmutter. You and I are in complete agreement. Ms. Bair. And I would just like to suggest-- Mr. Perlmutter. Had you and the Administration, and this was the Bush Administration, not stepped in, it would have crashed terribly. Ms. Bair. Yes. And a lot of people would have lost money. Mr. Perlmutter. I don't think this rule changes that. That is my point. Ms. Bair. Okay. Mr. Perlmutter. No, I am done. Thank you. I yield back. Mr. Hurt. Thank you, Mr. Perlmutter. The gentleman's time has expired. The Chair now recognizes Mr. Scott for 5 minutes. Mr. Scott. Thank you, Mr. Chairman. I must say, this has been a very fascinating hearing, because my eyes have been opened up to something of which I have only been dimly, dimly aware. Now, from what I have been hearing, is it a fact now that what we are saying is if this SEC proposed rule requiring the floating NAV asset value to take the place of the dollar, that this would kill the prime money market, is that an accurate statement? Does everybody agree with that? Ms. Bair. No, I don't-- Mr. Scott. Mr. McCoy? Mr. McCoy. We figured it would have a significant impact. I would not use the word ``kill.'' This is something that is new ground. It is untested, and so we believed it would have a significant negative impact that would be harmful, but this is untested. Mr. Scott. Tell me, what would you do if you could not invest your money in a market fund at that stable $1 per share, or you could only invest in government funds? If you had that choice, where would you put your money? Mr. McCoy. Yes, for us, the State of Georgia, we are buying securities directly in the marketplace. We have lots of alternatives other than money market funds. Your mid and smaller-sized municipal governments have fewer alternatives and so a money market fund, for those who can legally buy private funds, is a very good alternative for them. Most will--of the local governments would turn to the State and local government investment pools which are run as stable value by law, and so that's our issue is that if this has an unintended consequence that would cause an impact for a local government investment pool no longer to be able to provide that service, those local governments, the smaller ones will have difficult time finding comfortable investments that would not increase their risk and reduce their liquidity. Ms. Chandoha. And I would argue that individual investors have fewer choices, so if they are not going to invest in prime funds, they could invest in government funds, but the reality is at this point in time, there is not enough capacity in government funds to absorb that. We have the largest Treasury money market fund, and almost 2 years ago we closed that to new investors because there wasn't enough capacity in that. So we do think individual investors would migrate probably to bank products. Mr. Scott. So what you are saying, then, is it might not kill the prime money market, but it could put it on life support. Now, let me ask you, Treasurer McCoy, to explain so the audience will know why, if it is important operationally and legally for State and local governments to be able to transact with money market funds at the $1 level, and what would be the result, for your failure to do so, how damaging would that be? Mr. McCoy. That is a very good question. State and local governments, and this is separate from our pension funds, dealing with operating funds, bond proceeds and trust funds, we have to preserve the public funds, and that's our primary responsibility, to protect the public funds, and invest them where they are available as they are needed, State bond proceeds as they are needed to, or bond reinvestments, to make payments to bondholders on time, the exact amount that's needed. We have to protect funds, operating funds, teachers, others--employees' payroll. Deposits were made, we have to safeguard those funds, invest those funds. They need to be liquid when they are needed for payment. If anything that would inhibit that would run afoul of the whole purpose of protecting the public's funds, we do have to protect the principal and provide liquidity, and that's where this would run afoul with a lot of State statutes, I know the SEC just referenced in their comments that States may need to change their statutes. That would be a long and healthy debate for States to determine whether it would be prudent to then put local governments' money and State government money at risk because the SEC had changed their money market fund reform, or regulations, so there--we will have a lot of issues that would come up, that would impact State and local governments, and again, these are untested waters. Mr. Hurt. Thank you. Thank you, Mr. McCoy. The gentleman's time has expired. Thank you, Mr. Scott. The Chair now recognizes the gentleman from Illinois, Mr. Foster, for 5 minutes. Mr. Foster. Thank you, Mr. Chairman. Do any of you know the answer to this: Has there ever been an estimate of what the losses would have been economy-wide had the government not backstopped the money market industry in 2008? Ms. Bair. No. No. I don't think they have, but my guess is it would have been a lot. Mr. Foster. Or more than $1 trillion, or is there any way to-- Ms. Bair. That I don't know, but I think a lot of funds would have broken the buck. I think a lot of retail and institutional investors would have had to wait a long time to get their money back, and when they did get their money back they would have gotten a lot less. Again, as we just said earlier, some reserve fund investors still haven't been paid, so I think the results would have been quite cataclysmic, and hurt a lot of institutional-- Mr. Foster. Those will be the direct losses from investors who didn't get their money back. There would be a separate class of losses when the markets froze up, and business as usual would be-- Ms. Bair. Ironically, the bailout helped the investors, but money funds still pulled back. They didn't want to lend any more, and that was why we had problems in the wholesale funding market. The source of credit that supported other financial institutions dried up, so while the bailouts protected the investors, the money funds still pulled back, and that's why we had, one of the big reasons why we had disruptions in wholesale funding markets. Mr. Stevens. Congressman, could I get a word in here, if you wouldn't mind, because I think you are asking perhaps the wrong question? The issue is what would have happened to the economy if the government hadn't stepped in to try to restore order to the commercial paper markets? We were an investor in those markets. We weren't the only investor, and we weren't the only investor that pulled back. In fact, we re-entered those markets before most. So the issue is not, as I have said before-- Mr. Foster. You re-entered them after the government backstopped you. Mr. Stevens. The guarantee program was in place. That is correct, and so from a psychological point of view, that was a very dramatic moment, true. But what ensued thereafter were a series of programs that the Federal Reserve maintained in order to get the commercial paper markets starting again. That wasn't just for our purposes; it was for all commercial paper, investors' and issuers' purposes, and that is what got the situation resolved. I think it is important, and I would like to respond to a statement, if I can do so now, about the guarantee program. The guarantee program is not something our industry asked for. We were told it was going to be put into place. When we were told it was going to be put into place, we insisted that it be limited in time. We also insisted that it be limited in nature. In fact, the guarantee program was designed so that if a fund broke a buck, the government might pay the difference between the 99 cents and the dollar, so the exposure was intentionally limited, and in fact, we paid $1.2 billion in guarantee fees and the taxpayer never paid a penny on that guarantee. Mr. Foster. Does anyone have a comment on your comment here? Ms. Bair. We all have our revisionist history. You know, gee yes, that's right, the government just, for the fun of it, threw money at money funds when they didn't really need to. I don't see that the money funds pulling back with its-- disruption wholesale funding markets. There were certainly other factors, but my own agency ended up having to take huge exposure guaranteeing the debt of large financial holding companies who couldn't roll their paper without some kind of government backstop, so there was quite a lot of government support thrown at this. And money funds were a significantly exacerbating factor, and I think anything besides that is revisionist history. So, I am sorry we have to have a different perspective on this, but I was there, and I don't recall anybody objecting in the fund industry when the government decided to bail them out. Mr. Foster. Okay. If I could change the subject for a moment, Ms. Chandoha, you mentioned that retail investors don't run, which I thought was interesting. This is, to my thinking, that it was the sophisticated investors who were the ones who actually monitor the asset values who actually are the ones who are going to get their money before the gates slammed shut, or the fund gets liquidated. Is that really the situation we want to be in, and one that you think is good for your customers? Ms. Chandoha. Large institutional investors can lose their money more quickly. They also hold larger portions of funds. Mr. Foster. And they monitor-- Ms. Chandoha. So, they can have a much bigger impact very quickly. Retail investors have very small portions for the funds. And even if they do move, it has a much smaller impact. So, there were some redemptions in retail funds, but much more muted than institutional funds. Mr. Foster. Yes. And has there ever been research by independent parties as to what fraction of money market investors actually understand the risks, and the fact that it is not just like a checking account? Ms. Chandoha. We certainly do a lot of education for our clients. There is a lot of disclosure about the nature of money market funds. It is a tremendous amount of detail. As I mentioned earlier, we have been voluntarily disclosing the shadow NAV's of our money funds since earlier this year. So, we do-- Mr. Foster. My question is, what fraction of the investors actually look at those-- Mr. Hurt. The gentleman's time has expired. Mr. Foster. I yield back. Mr. Hurt. But I do think that we might have an opportunity, Mr. Foster, to get back to you if you would like to stick around. The Chair now recognizes Mr. Carney for 5 minutes. Mr. Carney. Thank you, Mr. Chairman, and thank you to all the panelists. This is a fascinating discussion--question and answer back and forth. And I have heard a lot of things this morning that have raised maybe more questions than they have answered. For me, I think--Ms. Bair, at one point, you talked--you posed a question hypothetically--if we want to see a strong money market fund industry, then you might want to do that. I get the sense from some of the things that you have said, directly and maybe implied indirectly, that you think the way the money--that the money market fund industry is too large. And you refer to it in a pejorative way as a shadow banking system. And I think I understand that, but why do you think it is too large, or is playing an inappropriate role currently? I am a former secretary of finance at the State level. So, I was part of the cash management policy board at the State of Delaware. I understand the value for State and local governments on finance committees for nonprofit organizations. We used money market funds as cash management tools of very valuable, efficient, convenient way to do those kinds of transactions. The implications of what you are saying is that--or this change, I think, is that people would not see that convenience. Obviously, there are tradeoffs there, and so they would migrate to the banks, I think, clearly. And maybe that is a good thing, maybe that's a bad thing. I would like to know your view of that. I respect your opinion considerably, and I would like to know your view on that point there in terms of going from this way of doing cash management to--back to the regular banks, if you will. Ms. Bair. So, what is the core function of a banking system, any banking system in a developed country? It is a place where people can put their ready cash. They can access it at any time, and know it will keep stable value. To provide that peace of mind, we have regulations, we have capital requirements, we have deposit insurance, we have access to the Fed's discount window to make sure that payment processing system works, and is liquid. And that is part of it, of the banking system. That is a core piece. That is--unlike these crazy derivatives and some of the other things that large banks do that give a lot of us heartburn, this is a core function of what they should be doing, so the fact that this-- Mr. Carney. If I may--I have limited time, so--but over the last 20 to 25 years, all these institutions that I just talked about have been migrating away from that into what they consider-- Ms. Bair. Well-- Mr. Carney. --more convenient-- Ms. Bair. --this was facilitated by a regulatory change made by the SEC in the mid-1980s that allowed a mutual fund to basically act like a bank. And, it worked until it didn't. There have been numerous experiences where the bank has been broken, but through sponsor support, you don't see that. We would have had massive problems in 2008 if it hadn't been for government intervention. Mr. Carney. But ``it worked until it didn't''--we have talked about why it didn't. I was not here in the Congress at that period of time when the prime fund broke the buck. But we saw much bigger problems in the banking system. We have much larger concerns--I do-- Ms. Bair. In the wholesale funding markets, yes. You didn't have systemic--you didn't have deposit funds. We had a seize-up in the wholesale funding markets. AIG, Lehman Brothers, Merrill Lynch, Bear Stearns--we had a few banks that had some problems. I don't want to suggest otherwise, but those are not depository-taking institutions. Mr. Carney. But your response to, if you want a strong sector--which I conclude that you don't think is the best thing--you ought to do it through some kind of capital reserve or some kind of insurance, not through-- Ms. Bair. I think they should act like other mutual funds. I--with the floating NAV, all the other mutual funds flow through NAV. I think money funds--they are mutual funds. They should flow through NAV. It is the structure, not the funds themselves. You have lots of good corporate citizens who are offering these funds. But the inherent regulator structure is an unstable one. This is the classic reform of undoing a bad regulation, which would--is what we got in the mid-1980s, which developed--was the foundation for developing a very, very large shadow banking sector in the sense that-- Mr. Carney. So, what does the floating NAV address in your view? That-- Ms. Bair. It tells people that your money is not protected at a dollar. It is not a cash equivalent. There are assets underneath it that float in value. And if you want to redeem, they are going to have to sell those assets for you to get your money back. So, it is honesty in accounting. And it is also, at the end, you eliminate the first mover advantage, if you have a stable NAV, when the underlying assets are not worth that dollar, the more sophisticated investors--in this case, institutional investors in 2008--they will run. They will have an affirmative obligation to run, because they can still get out for a dollar, even though that fund is now worth only 97 cents. They lock in the losses. And less sophisticated people are left behind. They are the ones ending up holding the bag. It is a structural weakness that needs to be addressed. Mr. Carney. I wish I had more time for a fuller discussion. Thank you, Mr. Chairman. Mr. Hurt. And, Mr. Carney, I think you will have that opportunity. This has been an excellent hearing. And we certainly appreciate the indulgence of the panel. And if it suits your schedule, we would love to have you stick around just for a few more minutes. I think there are Members who would like to ask additional questions, and we will limit those to 2 minutes, if you all can--if you could bear with us. And so, with that in mind, I will kick it to Mr. Stivers for a period of 2 minutes. Mr. Stivers. Thank you. I really appreciate the indulgence of a quick second round. I have two questions. One is for Mr. Stevens. A lot of the panelists here seem to ignore the 2010 rule changes that changed the investment criteria for money market mutual funds, thus making them more stable. Can you just spend maybe 30 seconds talking about why that is important when you limit what they can invest in, and how that keeps the stable net asset value a viable way to go? Mr. Stevens. Thank you, Congressman. What the rules did is impose a whole set of heightened risk-limiting conditions on money market funds. And they were almost immediately tested in 2011 during the crisis in the Euro zone, and at the time of the debt ceiling controversy and the downgrade by one of the ratings agencies of U.S. Government securities. We came through that fine in part because of the 2010 amendments. Mr. Stivers. Thank you. I only have a little bit of time. I also want to give Ms. Chandoha a chance. I am kind of scratching my head with your position, because it appears to me, your position is that a floating net asset value is great, except where it affects you. You want--you like the exemption on government funds, and you happen to have the biggest government fund in the country. And you want a retail exemption, and 99 percent of your customers are retail. So, help me understand how you sort of put that together, that you like a floating NAV, but not where it affects you. You want the exemption. Ms. Chandoha. Certainly, our clients are retail investors. And, what we appreciate with the SEC's review is that they focused in on where the potential risks lie in the money fund industry. We do believe that regulations should focus in on where the risks lie, and not necessarily be a one-size-fits-all approach. So, that does benefit us. But we do think that retail investors did not run--they are very stable investors--and that retail investors should be segregated from institutional investors who do have the ability to run and move assets more quickly. Mr. Hurt. Thank you, Ms. Chandoha. Thank you-- Mr. Stivers. Thank you. And thank you, Mr. Chairman. I yield back. Mr. Hurt. Thank you. The Chair now recognizes the ranking member of this subcommittee, Mrs. Maloney, for 2 minutes. Mrs. Maloney. Thank you. I would like to ask Ms. Bair and Mr. Stevens--a lot of cities, including mine, New York City, believe that they need the money market funds in order to finance their day-to-day operations. They depend on them. Do you believe a floating rate would have hurt a city's ability to finance their local projects and their local concerns? And in the debate on the floating NAV, is that the only way to eliminate the accounting or the cliff effect that you keep talking about, Ms. Bair, or are there other ways to eliminate it that wouldn't result in such a radical restructuring of the money market industry? Mr. Stevens and Ms. Bair? Ms. Bair. So, as I said before, guarantees without capital behind them make it cheaper for everybody to do business, but-- and especially with implicit government support, which I think has been a factor in the money fund industry--that model works until it doesn't. It doesn't work in times of distress. If you don't want to go to a floating NAV, the next best alternative, I think, is to require capital behind a guarantee. If funds want to guarantee a dollar, even when the assets are less than a dollar, then force them to have some capital behind that. That is the approach being used in Europe. I think the simpler, cleaner approach is a floating NAV. And I think that you will still have funds that retain a high degree of liquidity, that invest in short-term securities. They will float slightly, but they will still float, reminding people they are not guaranteed. So, I don't think they are going to completely go away. But if you don't want to do floating NAV, I think the best next best option is capital, which is what the Europeans are doing, basically--proposing. Mr. Stevens. Very quickly, tax-exempt money market funds provide about 70 percent of all short-term municipal finance in the United States. If you create the characteristics in those funds that investors are not interested in, that source of finance will disappear. And it will have a significant effect on State and local governments throughout the country. Witness my colleague here from Georgia today, and the thousands of others--State and local government officials-- whose point of view about this is very much in the SEC's records. Mr. Hurt. Thank you, Mr. Stevens. The gentlelady's time has expired. The Chair now recognizes the gentleman from Massachusetts, Mr. Lynch, for 2 minutes. Mr. Lynch. Thank you, Mr. Chairman. And, again, thank you for all your help today. It has been a very good hearing. Hypothetically, if we did go to the floating NAV, it requires a daily evaluation of the underlying assets. And while we have a 10 percent requirement for--excuse me--we have a 24- hour requirement that 10 percent be redeemable within 24 hours, and then there is a--I think is a 30 percent over 7 days. You still have a very large body of assets that are less liquid. And I am just wondering, in the past, we have had very difficult time marking-to-market some of these less liquid assets. Does anybody have a suggestion that might allow us to avoid using internal models that, in some cases, in the past-- especially during a crisis moment, we come up with these, let's call them, generous valuations on the part of the asset holder that we ran into back in 2008. Is there any way we can, sort of, manage this within the floating NAV scenario? Mr. Stevens. Congressman, I don't think we have problems valuing these portfolios. The weighted average maturity of the instruments in the portfolio is 60 days or less. You are talking-- Mr. Lynch. That is the average, though. Mr. Stevens. The-- Mr. Lynch. I am saying-- Mr. Stevens. --dollar-weighted average. Mr. Lynch. --you are going to have. I am just asking how confident can investors be that these assets have been valued properly? Mr. Stevens. I think, very highly confident. Our members are putting out information, filing with the SEC, about what the mark-to-market value of these portfolios is. Mr. Lynch. But they are using their internal models. If there is no turnover, or if there is not an active market in that asset, we don't have a--we don't have a market valuation available. So somebody has to approximate that. And so, in the past, during a crisis period, we have had some very wacky valuations that have not held up over time. Mr. Stevens. Right. Mr. Lynch. And I am just trying to anticipate how we would avoid that. Mr. Stevens. These are instruments that are valued according to amortized cost. And as I said at the beginning of the hearing, it's a valuation method the Chairman of FASB talked about how it applies in the context of money market funds. I think it produces a very reliable mark-to-market price that deviates very, very little on a-- Mr. Lynch. Thank you, Mr. Stevens. Mr. Stevens. --between the dollar value. Mr. Hurt. Thank you. Ms. Chandoha. I would just comment that we have been producing shadow NAVs on our money funds. And we used outside pricing services to price those. Mr. Hurt. Thank you. The Chair now recognizes the gentleman from Georgia, Mr. Scott, for 2 minutes. Mr. Scott. Yes, very quickly. One point we are missing in the first round was on retail funds. And I would like to get a response from Ms. Bair, Ms. Chandoha, and Mr. Stevens quickly. The proposed rule defined a retail fund as one that allows share holders to withdraw less than $1 million a day. And the retail funds would be exempt from the floating net asset value requirement in the rule. Now, Charles Schwab has proposed that limit be raised to $5 million. And there have been others who have suggested that the retail funds be limited to investors with a Social Security number or a particular retirement plan. Can each of you just very briefly give me a comment on that, on your definition of a refund fund and what changes you might propose in that definition and why? Ms. Bair. I think, as I think they should all float. I think is very--one of the problems with trying to describe about retail, is very difficult to come up with a definition that can't be gamed. And I do worry, even with a $1 million redemption daily limit, that is still a pretty big size redemption. And people like my mother in Illinois who are not going to be checking their balances everyday are going to be stuck where the people who are more sophisticated are going to be able to get out first with this first-mover advantage, which you have at the Savynap. So I think they should all float. But if you are going to keep it to retail, make sure it is retail. And don't let a lot of sophisticated money into this fund. Mr. Scott. Ms. Chandoha, you are Charles Schwab, and you recommended it, so? Ms. Chandoha. Yes, we do think it makes sense to segregate retail and institutional investors because institutional investors can move more quickly. And your mother might be impacted. We do think that there are various ways of delineating between retail and institutional investors. We made a recommendation around the $5 million redemption limit. Social Security numbers could be another method for doing that. Mr. Scott. And, Mr. Stevens, you agree? Mr. Stevens. You and I both, as individual investors, have a Social Security number on every account. That's an easy, administrable, and very clear line between investors like you and me and a hedge fund. Mr. Scott. Thank you, Mr. Stevens. Mr. Stevens. Thanks. Mr. Hurt. I thank the gentleman from Georgia. I want to thank everybody on this panel for their participation. I do think this was a very good hearing. And I thank you, especially, for indulging us in a second round of questions. The Chair notes that some Members may have additional questions for this panel, which they may wish to submit in writing. Without objection, the hearing record will remain open for 5 legislative days for Members to submit written questions to these witnesses and to place their responses in the record. Also, without objection, Members will have 5 legislative days to submit extraneous materials to the Chair for inclusion in the record. Thank you. This hearing is now adjourned. [Whereupon, at 12:28 p.m., the hearing was adjourned.] A P P E N D I X September 18, 2013 [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]