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November 5, 1999
CONGRESS PASSES WIDE-RANGING BILL EASING BANK LAWS
By STEPHEN LABATON
Congress approved landmark legislation today that opens the door for a new era on Wall Street in which commercial banks, securities houses and insurers will find it easier and cheaper to enter one another's businesses.
The measure, considered by many the most important banking legislation in 66 years, was approved in the Senate by a vote of 90 to 8 and in the House tonight by 362 to 57. The bill will now be sent to the president, who is expected to sign it, aides said. It would become one of the most significant achievements this year by the White House and the Republicans leading the 106th Congress.
''Today Congress voted to update the rules that have governed financial services since the Great Depression and replace them with a system for the 21st century,'' Treasury Secretary Lawrence H. Summers said. ''This historic legislation will better enable American companies to compete in the new economy.''
The decision to repeal the Glass-Steagall Act of 1933 provoked dire warnings from a handful of dissenters that the deregulation of Wall Street would someday wreak havoc on the nation's financial system. The original idea behind Glass-Steagall was that separation between bankers and brokers would reduce the potential conflicts of interest that were thought to have contributed to the speculative stock frenzy before the Depression.
Today's action followed a rich Congressional debate about the history of finance in America in this century, the causes of the banking crisis of the 1930's, the globalization of banking and the future of the nation's economy.
Administration officials and many Republicans and Democrats said the measure would save consumers billions of dollars and was necessary to keep up with trends in both domestic and international banking. Some institutions, like Citigroup, already have banking, insurance and securities arms but could have been forced to divest their insurance underwriting under existing law. Many foreign banks already enjoy the ability to enter the securities and insurance industries.
''The world changes, and we have to change with it,'' said Senator Phil Gramm of Texas, who wrote the law that will bear his name along with the two other main Republican sponsors, Representative Jim Leach of Iowa and Representative Thomas J. Bliley Jr. of Virginia. ''We have a new century coming, and we have an opportunity to dominate that century the same way we dominated this century. Glass-Steagall, in the midst of the Great Depression, came at a time when the thinking was that the government was the answer. In this era of economic prosperity, we have decided that freedom is the answer.''
In the House debate, Mr. Leach said, ''This is a historic day. The landscape for delivery of financial services will now surely shift.''
But consumer groups and civil rights advocates criticized the legislation for being a sop to the nation's biggest financial institutions. They say that it fails to protect the privacy interests of consumers and community lending standards for the disadvantaged and that it will create more problems than it solves.
The opponents of the measure gloomily predicted that by unshackling banks and enabling them to move more freely into new kinds of financial activities, the new law could lead to an economic crisis down the road when the marketplace is no longer growing briskly.
''I think we will look back in 10 years' time and say we should not have done this but we did because we forgot the lessons of the past, and that that which is true in the 1930's is true in 2010,'' said Senator Byron L. Dorgan, Democrat of North Dakota. ''I wasn't around during the 1930's or the debate over Glass-Steagall. But I was here in the early 1980's when it was decided to allow the expansion of savings and loans. We have now decided in the name of modernization to forget the lessons of the past, of safety and of soundness.''
Senator Paul Wellstone, Democrat of Minnesota, said that Congress had ''seemed determined to unlearn the lessons from our past mistakes.''
''Scores of banks failed in the Great Depression as a result of unsound banking practices, and their failure only deepened the crisis,'' Mr. Wellstone said. ''Glass-Steagall was intended to protect our financial system by insulating commercial banking from other forms of risk. It was one of several stabilizers designed to keep a similar tragedy from recurring. Now Congress is about to repeal that economic stabilizer without putting any comparable safeguard in its place.''
Supporters of the legislation rejected those arguments. They responded that historians and economists have concluded that the Glass-Steagall Act was not the correct response to the banking crisis because it was the failure of the Federal Reserve in carrying out monetary policy, not speculation in the stock market, that caused the collapse of 11,000 banks. If anything, the supporters said, the new law will give financial companies the ability to diversify and therefore reduce their risks. The new law, they said, will also give regulators new tools to supervise shaky institutions.
''The concerns that we will have a meltdown like 1929 are dramatically overblown,'' said Senator Bob Kerrey, Democrat of Nebraska.
Others said the legislation was essential for the future leadership of the American banking system.
''If we don't pass this bill, we could find London or Frankfurt or years down the road Shanghai becoming the financial capital of the world,'' said Senator Charles E. Schumer, Democrat of New York. ''There are many reasons for this bill, but first and foremost is to ensure that U.S. financial firms remain competitive.''
But other lawmakers criticized the provisions of the legislation aimed at discouraging community groups from pressing banks to make more loans to the disadvantaged. Representative Maxine Waters, Democrat of California, said during the House debate that the legislation was ''mean-spirited in the way it had tried to undermine the Community Reinvestment Act.'' And Representative Barney Frank, Democrat of Massachusetts, said it was ironic that while the legislation was deregulating financial services, it had begun a new system of onerous regulation on community advocates.
Many experts predict that, even though the legislation has been trailing market trends that have begun to see the cross-ownership of banks, securities firms and insurers, the new law is certain to lead to a wave of large financial mergers.
The White House has estimated the legislation could save consumers as much as $18 billion a year as new financial conglomerates gain economies of scale and cut costs.
Other experts have disputed those estimates as overly optimistic, and said that the bulk of any profits seen from the deregulation of financial services would be returned not to customers but to shareholders.
These are some of the key provisions of the legislation:
*Banks will be able to affiliate with insurance companies and securities concerns with far fewer restrictions than in the past.
*The legislation preserves the regulatory structure in Washington and gives the Federal Reserve and the Office of Comptroller of the Currency roles in regulating new financial conglomerates. The Securities and Exchange Commission will oversee securities operations at any bank, and the states will continue to regulate insurance.
*It will be more difficult for industrial companies to control a bank. The measure closes a loophole that had permitted a number of commercial enterprises to open savings associations known as unitary thrifts.
One Republican Senator, Richard C. Shelby of Alabama, voted against the legislation. He was joined by seven Democrats: Barbara Boxer of California, Richard H. Bryan of Nevada, Russell D. Feingold of Wisconsin, Tom Harkin of Iowa, Barbara A. Mikulski of Maryland, Mr. Dorgan and Mr. Wellstone.
In the House, 155 Democrats and 207 Republicans voted for the measure, while 51 Democrats, 5 Republicans and 1 independent opposed it. Fifteen members did not vote.
Tucked away in the legislation is a provision that some experts today warned could cost insurance policyholders as much as $50 billion. The provision would allow mutual insurance companies to move to other states to avoid payments they would otherwise owe policyholders as they reorganize their corporate structure. Many states, including New York and New Jersey, do not allow such relocations without the consent of the insurer's domicile state. But the legislation before Congress would pre-empt the states.
Both the Metropolitan Life Insurance Company and the Prudential Life Insurance Company are in the midst of reorganizing into stock-based corporations that are requiring them to pay billions of dollars to policyholders from years of accumulated surplus. In exchange, the policyholders give up their ownership in the mutual insurance company.
The legislation would permit any mutual insurance company to avoid making surplus payments to policyholders by simply moving to states with more permissive laws and setting up a hybrid corporate structure known as a mutual holding company.
The provision was inserted by Representative Bliley at the urging of a trade association. It attracted little opposition because it was attached to a provision that forbids insurers from discriminating against domestic-violence victims.
In a letter sent to Congress this week, Mr. Summers said that the provision ''could allow insurance companies to avoid state law protecting policyholders, enriching insiders at the expense of consumers.''
In the biggest joke of all, Cassano's wheeling and dealing was regulated by the Office of Thrift Supervision, an agency that would prove to be defiantly uninterested in keeping watch over his operations. How a behemoth like AIG came to be regulated by the little-known and relatively small OTS is yet another triumph of the deregulatory instinct. Under another law passed in 1999, certain kinds of holding companies could choose the OTS as their regulator, provided they owned one or more thrifts (better known as savings-and-loans). Because the OTS was viewed as more compliant than the Fed or the Securities and Exchange Commission, companies rushed to reclassify themselves as thrifts. In 1999, AIG purchased a thrift in Delaware and managed to get approval for OTS regulation of its entire operation.
Making matters even more hilarious, AIGFP — a London-based subsidiary of an American insurance company — ought to have been regulated by one of Europe's more stringent regulators, like Britain's Financial Services Authority. But the OTS managed to convince the Europeans that it had the muscle to regulate these giant companies. By 2007, the EU had conferred legitimacy to OTS supervision of three mammoth firms — GE, AIG and Ameriprise.
That same year, as the subprime crisis was exploding, the Government Accountability Office criticized the OTS, noting a "disparity between the size of the agency and the diverse firms it oversees." Among other things, the GAO report noted that the entire OTS had only one insurance specialist on staff — and this despite the fact that it was the primary regulator for the world's largest insurer!
"There's this notion that the regulators couldn't do anything to stop AIG," says a government official who was present during the bailout. "That's bullshit. What you have to understand is that these regulators have ultimate power. They can send you a letter and say, 'You don't exist anymore,' and that's basically that. They don't even really need due process. The OTS could have said, 'We're going to pull your charter; we're going to pull your license; we're going to sue you.' And getting sued by your primary regulator is the kiss of death."
When AIG finally blew up, the OTS regulator ostensibly in charge of overseeing the insurance giant — a guy named C.K. Lee — basically admitted that he had blown it. His mistake, Lee said, was that he believed all those credit swaps in Cassano's portfolio were "fairly benign products." Why? Because the company told him so. "The judgment the company was making was that there was no big credit risk," he explained. (Lee now works as Midwest region director of the OTS; the agency declined to make him available for an interview.)
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Treasury Secretary Tim Geithner appeared this morning at the Council on Foreign Relations. The main meeting room, named after private equity kingpin and entitlement scourge Pete Peterson, was jam-packed with members, so we media hacks had to watch the proceedings on a video screen set up in the David Rockefeller Room.
Geithner’s remarks (as prepared, here; as delivered, here) mostly achieved the anodyne level customary to the genre. He’s glib in a way, but doesn’t give the impression of having a powerful or capacious mind. Though he’s 47, he still gives the impression of being a kid playing at being a grownup—or so it seemed on the closed-circuit TV.
A couple of highlights stand out amidst the boilerplate.
Pete the austere
There was much joshing about Pete Peterson and his eponymous room. Geithner: “Nice to see Pete Peterson. I hope he’s being sufficiently generous to the Council. You know, this room looks a little crowded, Pete. I think you might want to build up, maybe.” Later, Roger Altman, the former Clinton Treasury official and now head of his own private equity firm, continued teasing Peterson about the Council’s need for his money—which Geithner seconded, by recalling his own experience as president of the New York Fed when Peterson was its chair: “brutal on…basic things. A real challenge.”
But, things took a more serious turn re: Peterson when Geithner said “Of course, we are all fiscal hawks now because of Pete Peterson. There are no doves left on the fiscal side.” There are two ways to read this remark. One would be to see it as a distracting pledge of fealty to fiscal orthodoxy as Geithner’s government was about to embark on the biggest deficit spending program since the end of World War II: that is, “we’re doing this because we have to, not because we want to, so keep buying our bonds.” The other would be as a confirmation of the argument I made in yesterday’s post: that once this bout of spending is done, Obama et al will impose a serious structural adjustment program on the U.S., cutting social spending to the bone.
Textual departures
There were some intriguing departures from Geithner’s prepared text. Towards the beginning, he improvised this: “President Zedillo [of Mexico] had this great line in his country’s moment of financial peril [during its 1994 crisis], when he said, you know, markets overreact, so policy has to overreact.” He later underscored that point, saying that the lesson of other countries is that you have to “keep at it long enough that you’re really firmly on the other side,” and “[not] to put the brakes on too early…. [W]e’re not going to do that.” Leaving aside whether one can really tell in the heat of the moment that you are “on the other side,” it sounds like Geithner is telling the markets and the public that all this tsurris could go on a lot longer than anyone expects.
The other interesting departure from the script was the omission of a discussion of AIG, which contained the passage: “[A]top its insurance companies is an almost entirely unregulated business unit that took extraordinary risks to generate extraordinary profits.” Perhaps Geithner deemed that too friendly to the day before yesterday’s dark mood of angry populism, beyond which we have now moved into the bright land of the forward-looking and constructive.
Flies in the ointment
Some analysts have wondered whether banks will be reluctant to sell their toxic assets to the outside speculators funded by Geithner’s bailout scheme. If the prices that the markets “discover” are below the value the banks are currently carrying them at on their books, that would lead to fresh writedowns and a desperate need for fresh capital—meaning from the Treasury. And with Treasury capital comes political attention and, gasp, possible compensation limits.
Altman asked Geithner about this, and Geithner wasn’t worried. He seems to think that the major problem is uncertainty, not brokeness. So the banks are actually being forced to hold more capital than they’d like, and once the program is underway, the “uncertainty premium” will disappear. Let’s hope so. Because if it really is a matter of brokeness, we’re talking some major additional capital infusions—from the Treasury, of course. (Try getting that through Congress!) Once the uncertainty premium is gone, then banks will have no problem raising fresh capital from private sources.
Geithner didn’t explain why the banks would need to raise fresh capital if they’re now holding excess capital, except maybe because of the possibility of a “deeper recession.” But if we’re in for one of those, then how much more capital will they need? Geithner didn’t explain that either.
Dollar indiscretions
Finally, there were some questions about the dollar, and Geithner’s answers reinforced the impression that he’s in over his head.
A few days ago, Zhou Xiaochuan, governor of the Chinese central bank, declared that it was time for the world to move on from using the dollar as its reserve currency. Zhou’s concerns are obvious: the U.S. financial system is a mess, its international accounts are also a mess, and it’s early in a major federal borrowing binge. (Of course he didn’t put it that harshly in his statement.) Such a country isn’t the obvious candidate to be the issuer of the world’s central currency.
Yet the U.S. derives enormous advantage from that role—most relevant to the present moment, a freedom to borrow with (so far) no practical limit, since countries keep most of their reserves in dollar-denominated assets. Zhao suggested that some synthetic unit, like the IMF’s special drawing rights (SDRs), which are comprised of a basket of the world’s major currencies (the dollar, the euro, the yen, and the pound), replace the dollar in this privileged role. Such a move would reduce, materially and symbolically, U.S. imperial power (though of course you can’t put it that way in polite company), so no U.S. official would embrace it—though it makes good sense for China to put the idea forward.
Asked by an audience member what he thought of Zhou’s idea (at these events, the press doesn’t ask questions—only members of the CFR do), Geithner’s first response was that he hadn’t read the governor’s proposal, though he quickly laid on the praise for Zhou as “a very thoughtful, very careful, distinguished central banker.” Then, Geithner added that the U.S. is “open to [the] suggestion” of expanding the SDR’s role. Currency traders immediately interpreted that as a weak defense of the dollar’s role, and sold the currency.
Geither should have anticipated that. But he also should have read Zhou’s proposal, since it came from a top official in a country that holds about a trillion dollars worth of the paper that Geithner is responsible for. (It’s only 1,513 words, including title and byline—and comprehensible, according to Microsoft Word, to anyone reading at the 12th grade level or better.) Maybe that was a conscious dis rather than a careless confession of indefensible ignorance—but in either case, Geithner really needs to find a new line of work.
Altman, obviously dissatisfied with Geithner’s first attempt at an answer, closed the meeting by asking “one final question…on behalf of the market…. Do you see any change…in the basic role of the dollar as the world’s key reserve currency…?” With the question so bluntly prepared for him, Geithner finally came up with the right answer: “I do not.” The dollar promptly rallied, at least for the moment.
Maybe Geithner would like to see a decline in the dollar. It would make our exports cheaper and imports more expensive, which would help balance the trade accounts. If we just print the money, it would make it a lot easier to service the debts we owe the outside world, currently approaching $6 trillion, or 42% of GDP. (It was 15% of GDP at the end of 1999, almost two-thirds below the present level.) But it’s playing with fire for a country that needs to borrow as massively as this one to signal that it wouldn’t mind a little devaluation. A little devaluation could turn into a big one pretty quickly, and with that would come capital flight and a spike in interest rates. Coming on the same day that a British government bond auction failed—there weren’t enough buyers willing to take up the offering, which was for just £1.75 billion. That’s considerably less than the amount that the U.S. needs to borrow every day to fund its projected deficits over the coming year.
No worries, though. Altman concluded the proceedings by thanking Geithner, and assuring the audience that “we’re in good hands.” He didn’t disclose who “we” are, though.
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