It is not often that five top executives from the nation's largest
financial institutions come to Washington to personally lobby
such Beltway luminaries as Federal Reserve Chairman Alan
Greenspan, Treasury Secretary Lawrence Summers, and Banking
Committee Chairman Phil Gramm (R-Texas).
But when William Harrison, president and CEO of the Chase
Manhattan Corp., Maurice Greenberg, chairman of American
International Group Inc., and three others arrived last
Wednesday, it was not to fight an everyday opponent. They are
taking on the $ 609 billion mortgage giant, Fannie Mae, and its
little brother, the Federal Home Mortgage Corp. (Freddie Mac)-
among the most politically potent forces on Capitol Hill. Few
other players hold such a powerful grip on the legislative and
executive branches as these quasi-public corporations, which
have built an impressive roster of in-house power brokers and
retained about two dozen lobbying firms to ensure they remain
politically untouchable.
But Fannie Mae's invincibility is starting to erode under constant
pressure from private bankers, Wall Street, Clinton
administration officials, and lawmakers. This year, a legislative
proposal to curtail Fannie Mae's government ties is being debated
in the House; the company's stock has slid by 13 percent;
Federal Reserve Chairman Alan Greenspan and senior Treasury
Department officials have expressed concern about Fannie Mae's
special government backing; and Housing and Urban
Development officials blasted the company's minority lending
practices.
The swarm of controversy was almost unthinkable last spring,
when private financial institutions concerned about Fannie Mae
first gathered their own powerful lineup of Washington lobbyists.
But now, those lobbyists believe the effort is beginning to pay
off.
"I said when we first started out on this thing that Fannie Mae
was a lot like the school bully in grammar school, and that if
somebody finally stood up and gave him a bloody nose, then
everybody on the schoolground would get a lot more courage,"
says W. Michael House, the head of Hogan & Hartson's lobbying
practice, who is leading the banking coalition called FM Watch.
House says the coalition's primary goal is "containment" of Fannie
Mae and Freddie Mac from moving into the core lending and
financial markets of the private sector.
Rep. Richard Baker (R-La.) has a more specific goal. The
chairman of the banking subcommittee that oversees Fannie Mae
and Freddie Mac, Baker has proposed a bill that would cut off
Fannie Mae's $ 2.25 billion line of government credit and subject
the institutions to tougher regulation. Baker has held four
hearings on Fannie Mae since the beginning of the year, and is
holding another this week. He is planning on marking up his bill
soon, and though he admits that the chances for passage this
year are slim, he sees even the mark-up as a victory.
"Getting the bill marked up shows that congressmen can legislate
with regard to (Fannie Mae and Freddie Mac), and the sun will
still come up and they will still have friends in Washington," says
Baker.
"The general political climate in past years was significantly
different, and any legislative progress was denied in the
developmental stage, before it even reached the committee
level," Baker says.
The six board members of FM Watch-Wells Fargo and Co., the
General Electric Co.'s GE Capital Service, PNC Financial Service
Group Inc., Household International Inc., AIG, and Chase
Manhattan-have not endorsed Baker's measure. But, he says,
"Their participation has enabled me to have folks take a look at
this battle."
FM Watch members have held a meeting with Minority Whip
Harry Reid (D-Nev.). According to a Reid aide, the executives
asked him if he would be willing to sponsor a bill in the Senate
that was similar to Baker's. Reid declined, but said he would
probably support such a bill if it was introduced in the Banking
Committee, according to the aide.
For the institutions' lobbyists, the biggest problem in fending off
the attacks is that there is still little in the way of tangible
legislative or regulatory threats to oppose. Instead, they are
faced with the more abstract problem of negative comments by
politicians and the press, which appear to be reverberating on
Wall Street.
FM Watch is "trying to keep alive a sense that there might be a
legislative outcome that could be damaging to our position in the
marketplace," says Fannie Mae Vice Chairman Jamie Gorelick.
But, she says, FM Watch will not be able to keep the pressure up
for long without generating some meaningful legislative or
regulatory proposals. The group has yet to come out with
reforms, she says, because its members-large banks, small
banks, and mortgage insurers-all have different agendas.
Members of Congress will eventually ask FM Watch, "What do
you want and how do you expect to get there?" says Gorelick,
the former No. 2 at the Justice Department. "By fighting it at a
PR level, at some point someone is going to say, 'Where's the
beef?' "
When and if proposed reforms roll out, Fannie Mae's legendary
influence will certainly be brought to bear. "As soon as a proposal
does come out, it's subject to scrutiny," says Gorelick. "If it's
objectionable, then we fight it. "
The Fannie-Freddie Machine
Fannie Mae and Freddie Mac fulfill a peculiar place in government
housing policy. The two publicly traded companies are able to
borrow money at below market rates because investors assume
they have the backing of the federal government, even though,
technically speaking, they do not.
Nonetheless, the expectation that the feds would back the
government- chartered corporations is worth an estimated $ 6
billion in lowered borrowing costs. In exchange for that benefit,
Fannie Mae and Freddie Mac are supposed to lower the cost of
loans for home buyers by maintaining a secondary mortgage
market.
Fannie Mae and Freddie Mac, combined, own or guarantee $ 2
trillion in mortgages and hold more than 70 percent of fixed-rate
mortgages issued to middle-class borrowers, according to the
enterprises' regulator.
The large financial institutions backing FM Watch fear that Fannie
Mae and Freddie Mac will move into other types of mortgage and
retail lending-such as mortgage origination and insurance-and,
with their low cost of borrowing, take a big chunk of market
share from private companies.
The two giants have been very effective in staving off criticism in
the past. Fannie Mae, which spends a reported $ 35 million a year
on advertising, has retained 11 outside lobbying firms, including
The Duberstein Group; O'Brien Calio; Williams & Jensen; and
Boland & Madigan. Freddie Mac has 15 firms on retainer.
Influential in-house officials include Gorelick, Chairman Franklin
Raines, the former head of the Clinton administration's Office of
Management and Budget, and Arne Christiansen, a former chief
of staff to ex-House Speaker Newt Gingrich.
Freddie Mac, normally the quieter of the two companies, has
recently reached out to a few legislative supporters. In the past
few weeks, chief lobbyist Mitch Delk held $ 1,000-a-person
dinners in the ultra-chic private " laboratory" of the restaurant
Galileo for Banking Committee members Rep. Marge Roukema
(R-N.J.) and Ed Royce (R-Calif.).
Both companies give large amounts of soft money to the parties.
To date, Fannie Mae has contributed $ 283,000 to the Democrats
and $ 376,000 to the Republicans, while Freddie Mac has given $
275,000 and $ 960,000, respectively, according to FECInfo.
But FM Watch also banded together four of K Street's finest:
Barbour, Griffith and Rogers; Akin, Gump, Strauss, Hauer and
Feld; podesta.com; and Hogan & Hartson.
FM Watch lobbyists say they've approached this long-term
campaign in a traditional fashion. Facing a superior opponent
when they started in the spring of last year, they spent the first
year "softening the environment" with visits to members of
Congress and administration officials at HUD, the Treasury, and
the White House, with the idea of trying to pass legislation in a
year or two.
But the "softening" had what House says is an unintended effect,
a kind of " collateral damage" that emboldened lawmakers and
administration officials to voice criticisms of the mortgage giants.
For the first time in nearly a decade, observers agree, political
risk has become a factor for market analysts looking at Fannie
Mae.
For example, Salomon Smith Barney analyst Thomas O'Donnell
lowered his 12- month target prices on Fannie Mae and Freddie
Mac because of political risk, citing to The American Banker "a
long line of negative proposals" coming from Washington.
Although increased legislation, regulation, or even privatization
are a long way off, even their possibility seems to be affecting
the companies' market performance. Fannie Mae's stock price is
down to $ 54 from $ 62 at the beginning of the year, and from a
high of $ 74 at year-end 1998. Freddie's Mac's stock reached a
high of $ 64 in 1999, and is now trading at $ 41.
Fannie Mae officials attribute the market turbulence to such
factors as the technology boom, which has drawn money away
from traditional investments.
Regardless, the lobbying and public relations efforts of FM Watch
appear to have opened the way for criticism, if only by providing
safety in numbers.
"The fact is that public officials have thought this stuff for a long
time, but people were reluctant to speak out because the Fannie-
Freddie machine seemed too invincible," says Richard Carnell, a
former Treasury Department assistant secretary in charge of
financial institutions, who is now a professor at Fordham
University Law School.
From the perspective of the institutions' opponents, keeping up
the pressure may be victory enough, even if they don't get
legislation. The mortgage giants' ability to borrow cheaply is
based on the bond market's perception that the bonds will be
backed by the government; but sustained criticism from
government officials and a continued threat to cut off the implied
guarantee could cause the markets to factor in a political risk
price and raise the cost of bonds, says Carnell.
Losing that benefit could push both companies toward
privatization. "The presence of an organized private opposition
probably gives some comfort to public officials who are
considering voicing a concern about Fannie and Freddie," he says.
"Once people see that the emperor has no clothes, they are
never going to see him the same way again."