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BANKING, FINANCE AND URBAN AFFAIRS
HOUSE OF REPRESENTATIVES

...NINETY-SIXTH CONGRESS

FIRST SESSION

ON

H.R. 25157

A BILL TO AUTHORIZE ON A TEMPORARY BASIS CERTAIN
BUSINESS AND AGRICULTURAL LOANS, NOTWITHSTANDING
INTEREST LIMITATIONS IN STATE CONSTITUTIONS OR STAT-
UTES, AND FOR OTHER PURPOSES

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STANFORD

GOV'T

Printed for the use of the
Committee on Banking, Finance and Urba

UNIVERSITY

3 1980

MAR 1980

DOCUMENT

DER

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1979

HOUSE COMMITTEE ON BANKING, FINANCE AND URBAN AFFAIRS

HENRY S. REUSS, Wisconsin, Chairman

THOMAS L. ASHLEY, Ohio
WILLIAM S. MOORHEAD, Pennsylvania
FERNAND J. ST GERMAIN, Rhode Island
HENRY B. GONZALEZ, Texas
JOSEPH G. MINISH, New Jersey
FRANK ANNUNZIO, Illinois
JAMES M. HANLEY, New York
PARREN J. MITCHELL, Maryland
WALTER E. FAUNTROY,

District of Columbia

STEPHEN L. NEAL, North Carolina
JERRY M. PATTERSON, California
JAMES J. BLANCHARD, Michigan
CARROLL HUBBARD, JR., Kentucky
JOHN J. LAFALCE, New York
GLADYS NOON SPELLMAN, Maryland
LES AUCOIN, Oregon

DAVID W. EVANS, Indiana

NORMAN E. D'AMOURS, New Hampshire

STANLEY N. LUNDINE, New York

JOHN J. CAVANAUGH, Nebraska

MARY ROSE OAKAR, Ohio

JIM MATTOX, Texas

BRUCE F. VENTO, Minnesota

DOUG BARNARD, Georgia
WES WATKINS, Oklahoma
ROBERT GARCIA, New York
MIKE LOWRY, Washington

J. WILLIAM STANTON, Ohio
CHALMERS P. WYLIE, Ohio

STEWART B. MCKINNEY, Connecticut
GEORGE HANSEN, Idaho
HENRY J. HYDE, Illinois
RICHARD KELLY, Florida

JIM LEACH, Iowa

THOMAS B. EVANS, JR., Delaware
S. WILLIAM GREEN, New York
RON PAUL, Texas

ED BETHUNE, Arkansas
NORMAN D. SHUMWAY, California
CARROLL A. CAMPBELL, JR.,

South Carolina

DON RITTER, Pennsylvania JON HINSON, Mississippi

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Correspondence received regarding H.R. 2515 from—

Department of Housing and Urban Development, letter dated April

113

84

16, 1979, from Edward W. Norton, Acting General Counsel, respond- Page ing to Chairman St Germain's letter of March 8, 1979__. Farm Credit Administration, letter dated March 26, 1979, from Governor Donald E. Wilkinson, responding to Chairman St Germain's letter of March 8, 1979__ Federal Deposit Insurance Corporation, letter dated April 2, 1979, from Stanley C. Silverberg, Director, Division of Research, responding to Chairman St Germain's letter of March 8, 1979___. Federal Home Loan Bank Board, letter dated April 4, 1979, from Chairman Robert H. McKinney, responding to Chairman St Germain's letter of March 8, 1979-.

Federal National Mortgage Association, letter dated March 27, 1979,
from Andrew L. Hickey, Jr., Director of Legislative Affairs, re-
sponding to Staff Director Richard L. Still's letter of March 22,
1979

Federal Reserve System, Board of Governors of, letter dated March
21, 1979, from Chairman G. William Miller, responding to Chairman
St Germain's letter of March 8, 1979--
Independent Bankers Association of America, letter dated April 4,
1979, from Raymond D. Campbell, president, responding to Chair-
man St Germain's letter of March 26, 1979__

123

117

99

90

128

National Association of Mutual Savings Banks, letter dated April 2,
1979, from Louis H. Nevins, vice president and director, responding
to Chairman Germain's letter of March 27, 1979_.
National Savings & Loan League, statement submitted in response to
Chairman St Germain's letter of March 27, 1979_.

110

134

U.S. League of Savings Associations, letter dated April 13, 1979, from
Arthur B. Edgeworth, director, Washington operations, responding
to Chairman St Germain's letter of March 27, 1979-
Cupp, Cecil W., Jr., prepared statement on behalf of the American Bankers
Association

131

Hammerschmidt, Hon. John Paul, prepared statement_-_
Heimann, Hon. John G.:

Information submitted at the request of Chairman St Germain___
Prepared statement on behalf of the Office of the Comptroller of the
Currency

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Hendrix, Senator Olen, text of Arkansas Senate Concurrent Resolution 44 submitted

192

Lay, Lyndell E., prepared statement on behalf of the Mortgage Bankers
Association of Arkansas_.

198

McNeish, Peter F., prepared statement on behalf of the Small Business
Administration

262

Mortgage Bankers Association of Arkansas, prepared statement on behalf by Lyndell E. Lay, past president__

198

Nishimura, Glenn, prepared statement on behalf of Arkansas Consumer
Research

252

Ramsay, Louis L., Jr., prepared statement--

59

Small Business Administration, prepared statement on behalf by Peter F. McNeish, Deputy Associate Administrator for Finance and Investment

Sprague, Chairman Irvine H., Federal Deposit Insurance Corporation, statement

Tucker, Jim Guy, prepared statement presented on behalf of the Committee for Fair Arkansas Interest Rates____

262

31

244

STATE USURY CEILINGS

TUESDAY, APRIL 3, 1979

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON FINANCIAL INSTITUTIONS

SUPERVISION,

REGULATION AND INSURANCE OF THE

COMMITTEE ON BANKING, FINANCE AND URBAN AFFAIRS,

Washington, D.C. The subcommittee met at 10 a.m., in room 2128 of the Rayburn. House Office Building; Hon. Fernand J. St Germain (chairman of the subcommittee) presiding.

Present: Representatives St Germain, Minish, Barnard, Wylie, Hansen, Campbell, and Bethune.

Chairman ST GERMAIN. The subcommittee will come to order.
My remarks this morning will be brief.

In the current Congress, this subcommittee has now been requested to act twice on emergency matters-first, during Washington's famous blizzard of 1979-February 21-for the purpose of repealing section 1104(d) of last year's privacy title to eliminate an unnecessary and costly notice requirement.

Today, at the request of the Arkansas delegation, we are asked to deal on a temporary basis with what has been widely recognized as a severe and sustained credit crunch in Arkansas brought about in part by that State's constitutionally imposed 10 percent interest rate ceiling.

As regrettable as it is to consider legislation of this nature, representing as it does a clear case of Federal preemption in favor of double digit interest rates for business and agricultural loans, precedent exists for the current proposal which is virtually identical to Public Law 93-501, a copy of which has been furnished to each member of the subcommittee.

Public Law 93-501 was in effect from October 29, 1974, until July 1, 1977. The present proposal, if enacted, will expire December 31, 1980, after a constitutional convention and submission to the voters in the general election in 1980.

At this point, the Chair would recognize the ranking minority member, Mr. Wylie.

Mr. WYLIE. Thank you very much, Mr. Chairman.

I want to commend you and the members of the Arkansas delegation for compiling this excellent list of witnesses. We dealt with this problem in the 93d Congress when we passed the bill for the relief of Montana, Tennessee, and Arkansas, the last two of which had a usury law similar to that in their State constitutions, as Arkansas still does today.

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