The Senate housing
bill approved by a committee this week was already drawing fire
from fiscal conservatives and financially responsible homeowners
opposed to bailing out housing speculators.
Now it may be time to add privacy advocates to the chorus of voices urging President
Bush to veto the bill, which could put taxpayers on the hook for
billions of bailout dollars in new taxes or deficit
spending.
Buried in the text of the
revised legislation, approved by the Senate Banking Committee
by a 19-2
vote this week, is a plan to create a new national fingerprint
registry. It covers just about everyone involved in the mortgage
business, including lenders, "loan originators," and some real
estate agents.
"We know that today
the rules governing mortgage brokers and lenders are inadequate,"
Sen. Dianne Feinstein (D-Calif.) said in a
statement. "There is just a thin patchwork of regulation that
varies from state to state. This legislation will create basic
minimum standards for states to utilize to protect consumers."
Feinstein and Mel Martinez (R-Fla.) wrote a separate
bill introduced in February that has been glued onto the
revised Senate housing legislation.
What's a little odd is the lack of public discussion about this
new fingerprint database. No mention of it appears in the
official summary of the revised Senate bill. No fingerprint
database requirement is in the
House version of the legislation approved earlier this month.
No copy of the revised Senate legislation is posted on the Library
of Congress' Thomas Web site, which would be the usual
procedure.
The feds' new fingerprint database would function like this: Any
"loan originator" must furnish "fingerprints for submission to the
Federal Bureau of Investigation" and a wealth of other unnamed
government agencies. Loan originator is defined as someone who
accepts a residential mortgage application, negotiates terms on a
mortgage, advises on loan terms, prepares loan packages, or
collects information on behalf of the consumer. Real estate agents
are covered if they get "compensation" of any sort (including
kickbacks) from loan originators.
It's true that some states already have fingerprinting
requirements. Colorado
requires "mortgage brokers" (a narrower category) to get
fingerprinted. So do
Kansas,
Mississippi, and Montana,
for instance.
In the proposed federal system, what remains unclear is what
happens to the fingerprints once submitted. The legislation talks
about a "background check"--which would imply a one-time use--but
also creates a Nationwide Mortgage Licensing System and Registry
that "provides increased accountability and tracking of loan
originators." Neither Feinstein's nor Martinez's offices returned
our phone calls and e-mail messages asking for clarification on
Friday morning.
The bill does specify that the registry will be run by the
Conference of State Bank Supervisors and the American Association
of Residential Mortgage Regulators. Those two groups are
currently developing a "central repository" of information with
document collecting and fingerprinting that "will be accessed
through a secure Web site over the Internet."
"I imagine that, yes, a fingerprint registry might stop an
ex-con from handling loans, but I doubt it will make even a dent in
the lending problems the bill aims to stop," says
John Berlau,
director of the Center for Entrepreneurship at the free-market
Competitive Enterprise Institute. "And I would venture to guess
that the vast majority of the problem mortgages were handled by
employees with no criminal record. Rather, this seem like another
thoughtless idea that lets politicians brag that they are 'getting
tough' about a particular problem."
Berlau makes a good
point. Creating a database of fingerprints of "loan originators"
and a subset of real estate agents might make sense. It might not.
But it surely would have been reasonable to have an informed debate
on the topic before politicians rushed to enact federal legislation
before the Senate's
Memorial Day recess, and it would surely be wise to insist on
security and privacy protections when the bill goes to the full
Senate. Unfortunately, there's little reason to believe either will
actually happen.
News.com's Anne Broache contributed to this
report.