Mike Konczal (who I had the pleasure of meeting at the America’s Future Now conference) has written a report outlining his dream scenario for the Wall Street reform conference committee, coming up with the best of both the House and Senate bills. He has four topic headings:
Making Resolution Authority Credible
Getting Our Banks Capitalized
Bringing Derivatives Into the Sunlight
Audit the Fed
The graphic at the top basically gives you the thumbnail sketch for Konczal’s main concerns (If you want a larger outline of the differences between the House and Senate bills, here’s a great comparison). I like how he made Section 716 and the Volcker rule a resolution authority problem. The problem many analysts have with resolution authority is that it’s not credible to wind down massively interconnected banks with global reach. But if swaps desks must be walled off from the mega-banks, and if they cannot engage in proprietary trading, suddenly they become less interconnected, and it will become easier to unwind them should they find trouble.
What’s important to understand here is that the House and Senate bills have strengths and weaknesses in different areas. The House bill is stronger on resolution authority and continuing audits of the Fed, while the Senate bill is stronger on derivatives and consumer protection. Even within those categories, there are differences: the House bill retains a totally independent consumer protection agency, but the loopholes contained therein make it arguably worse than the housed-inside-the-Fed CFPA in the Senate bill. So it’s important to pick and choose among the bills to get the best mix. For example, the Miller-Moore amendment, which would allow the FDIC to give haircuts to secured creditors, and the Lynch amendment, which would limit the percentage of a swaps market any one dealer can hold, are really important amendments from the House side. Since we know that the Senate bill, by and large, will be the base bill for the conference committee, Konczal devises this correctly, highlighting the most important pieces to keep from the Senate bill first, while then adding in the good parts from the House bill.
I largely agree that these are the important elements. But nobody expects all of them to wind up in the final bill. In fact, many are already at risk, especially as it relates to derivatives. Huff Post Hill reports (it’s maddening to find a link for those newsletters, though they do exist) that the rumor which has been floating around for weeks, that the derivatives title may be supplanted with the language from the House bill, thereby eliminating Section 716 (which would force a spin-off of the lucrative swaps trading desks from the big banks). If Collin Peterson doesn’t succeed in this effort, you could see that grand bargain, where a stronger Volcker rule is added in exchange for redlining 716. Heather Booth of Americans For Financial Reform, the coalition leading much of this effort, rejects this grand bargain and actually threatens to withhold support.
“While we believe that (the Volcker rule and Section 716) are complimentary and good additions, they are not the same,” she said. Meanwhile, autodealers are working hard for their carveout in the consumer agency, and a broader effort is underway to prevent it from having an independent director — presumptively Elizabeth Warren? — and instead have a commission lead it. If these efforts are successful and the bill is weakened from its current position, said Booth, it may become unsupportable.
Emphasis mine. In addition to these concerns, I would add Konczal’s second section, Getting Our Banks Capitalized, as extremely important and under threat. Two amendments, one from Susan Collins in the Senate bill and the other from Jackie Speier in the House bill, would put hard capital requirements on the banking industry, in different ways. They fit together quite well, in that the Speier amendment offers a hard baseline of 15:1, while Collins’ raises that level for larger banks and clearly defines “quality capital”. This is why bankers like Jamie Dimon can’t stand it.
The FDIC likes the Collins amendment. If there is more capital and less leverage at the holding company level, it can be used to fund subsidiary banks before they fail and the FDIC funds are tapped to bail out depositors. That makes sense. FDIC Chairman Sheila Bair makes the point that the Source of Strength doctrine implies that holding company capital structures should be just as sound depository bank structures. The reasoning is not perfect, but it has a persuasive symmetry [...]
Bank failure in the 40s was dramatized in “It’s a Wonderful Life.” Jimmy Stewart explained to his customers that the bank really did not have the money deposited by them. It went into loans to neighbors and friends and would be available when the loans were repaid. The scene depicted a run on a bank, a common phenomenon which plagued banks in times of crisis, until the FDIC came along to make the customers more secure [...]
Things have not changed so much. Bank runs by depositors have become a thing of the past because of the FDIC. The problem is not that the deposits are callable loans. It is that the derivative-embedded credit between banks and industrial companies are actually complexes of callable loans. Bank customers withdraw deposited funds when they become insecure. With trading, counterparties demand collateralization of all out-of-the-money risk when insecurity sets in. That’s what happened to Lehman and AIG, and Enron before them, as well as some lesser known institutions.
A bank run now happens at the trading level. Chairman Bair was right. Depository banks need to be protected from the holding companies.
Basically, all four of Konczal’s key areas are under attack from the finance lobby. All four are crucial to get us closer to a safe and working banking system. Negotiations continue throughout the weekend.





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And the negotiations are being conducted in public view ,right? /s
I like this chart. I just wish there was something the grassroots could do about it.
This is the link for Huffpost Hill:
http://www.huffingtonpost.com/tag/huffpost-hill
It’s really just a fight between types of bankers now, right? And whoever’s lobbyists prevail will win? By which I mean — there is not any people’s interest being served here, is there?
This is largest change since 1933. Derivative change is a must. non-policy based audit of Fed is a must. Capital change is a must. If it gets done it is a big deal.
Helpful, clear summary, David. Thanks for keeping track of this.
OT I just saw that Clark Hoyt, the NYT public editor, i.e. ombudsman, has finished his one time only two year gig with the paper. To say he was a disappointment would be an understatement. You have only to read his last column to get a great example of the bland, milquetoast pap he has been dishing throughout his tenure. He’s like the gent who worked in a whorehouse and thought it was all good clean fun where the men were well behaved and the women were friendly. If the idea was to hire someone who consistently missed the point, then he was a great choice for the job.
http://www.nytimes.com/2010/06/13/opinion/13pubed.html?hpw
716 is the only piece of this that is real and I expect it to be dealt away. The rest is much less than meets the eye. The Fed audit is limited and, conducted by the CBO, will likely be more fluff than grit. The derivatives language leaves the really dangerous stuff pretty much where it is now, away from public scrutiny. Nor do I think it addresses that the biggest holders of more vanilla derivatives will own and run the exchanges. Quality of capital? Who’s kidding whom? Most of what got the banks in trouble was rated AAA. And the Volcker rule simply won’t do what it is supposed to do, stop prop trading. Prop trading will simply be called something else and go on as before.
It seems that the purpose of public editors and ombudspeople is to provide cover
while media outlets go about their real business, which is to push the narratives
favored by the elites (e.g.,Must.Cut.Deficit.Now or Marja.Greatest.Victory.Since.Normandy).
The public editors at the NYT, WaPo and NPR have been awful, ranging from a weak sister like Hoyt
to the in your face Lil Deb.
Hoyt’s sendoff is mild compared to the anti-Krugman jihad of his predecessor.
pretty sure it’s a GAO audit
716 is about capital requirements and underlying bank liability – important but there is much more.
The derivative exchange/clearinghouse must be started – we can get more on it once it is started. The GAO does excellent audits (actually outsourced often to the big four professional audit departments) – but it is confusing that it needs special permission as I thought they had a generic right to do an audit. I guess it is that problem of the regional Feds being owned by the banks they regulate/”run” – a system that should be changed.
The ignorant still keep hoping the people who caused the problem will fix it.
There aren’t enough Psychiatrists in this country for the people who need them.