A Guide to the Tangled Financial Reform Bill

It has been a struggle for me to write about the financial reform bill, and I haven't commented before on it yet. But yesterday I came across an excellent article in the Washington Independent called A Guide to the Tangled Financial Reform Bill which breaks down each important provision of the proposed financial reform bill and attempts to give a balanced analysis of it. I urge you all to read this article before making any further thoughts or opinions on the bill- whether you are Republican or Democrat, liberal or conservative, it is important to look at the world around you with good information and analysis, which this article provides.

Here are the best pieces (edited and shortened by me) of the article A Guide to the Tangled Financial Reform Bill:

Audit the Fed. The Federal Reserve’s balance sheet is more than double its size before the financial crisis — swollen with $1.1 trillion in mortgage-backed securities purchased from Fannie Mae and Freddie Mac plus toxic assets from failed companies like Bear Sterns — and a bipartisan group of senators want to force a thorough independent audit of the Fed’s books. A strong provision did not make it into the final Senate legislation.

End too big to fail by capping bank size. Dodd’s bill as currently written gives the Federal Reserve and other regulators the ability to seize and break up financial firms it deems systemically important and systemically dangerous. But that is meant only as a “last resort,” and members of both parties consider the language too wan. Sen. Sherrod Brown (D-Ohio) and Sen. Ted Kaufman (D-Del.) last week introduced the Safe Banking Act, which they plan to offer as an amendment to the Dodd bill. It mandates hard leverage and size caps on banks and other financial firms; limits commercial banks’ assets to 2 percent of GDP and non-banks’ assets to 3 percent; and imposes a 16-to-1 leverage cap, among other provisions.

Reinstitute Glass-Steagall provisions. Another popular way to effectively limit bank size is to return to the Depression-era Glass-Steagall rules. The Glass-Steagall Act, mostly repealed in 1999, prevented banks from having both commercial and investment banking arms — as, for instance, J.P. Morgan Chase does today. Sen. Maria Cantwell (D-Wash.) and Sen. John McCain (R-Ariz.) plan to introduce an amendment reintroducing the rule and thus requiring big, diversified banks to split themselves up. Shelby, Sen. Johnny Isakson (R-Ga.) and Sen. John Cornyn (Texas) also support the measure.

An effectively similar, if functionally different, way of breaking up banks or limiting their size is by instituting the Volcker Rule — which bars banks from speculating with their own money by “prop trading” or investing in hedge funds. The current Dodd bill promises to institute something like the Volcker Rule, creating a commission to look at how to institute it down the road. But Sen. Jeff Merkley (D-Ore.) and Sen. Carl Levin (D-Mich.) have ready a measure introducing a more-stringent version immediately.

Fix the ratings agencies. The Dodd bill does little to fix the credit ratings agencies, whose profligate stamping of AAA ratings on collapsing subprime mortgage-backed securities helped to stoke the crisis. (The companies have a conflict of interest at the core of their business, in that they are paid by the companies whose securities they rate.) The Dodd bill creates a new office at the Securities and Exchange Commission to look closely at credit ratings agencies — but does little more to further reform them. Numerous Democratic senators have cited the issue as a major weakness in the bill, and Senate staffers say it is unlikely to go unchanged. Sanders has said he will introduce new language to strengthen oversight over and regulation of the agencies.

Guarantee no taxpayer money will go to bank bailouts. Republicans have derided the Dodd bill’s resolution authority fund — wherein the government will tax $50 billion from the banks, creating a pool of cash to be used by the Federal Reserve to shut down failing firms — as creating “permanent bailouts.” GOP politicians including Sen. Mitch McConnell (R-Ky.) have cited it as a major point of contention. But Senate staffers say that rather than killing the resolution-authority fund, Republicans want language explicitly guaranteeing taxpayers will not be on the hook for future bailouts.

Keep the Fed the regulator of little banks. Under the Dodd bill, the Federal Reserve would have oversight only of banks with more than $50 billion in assets. But Sen. Kay Bailey Hutchison (R-Texas) and Sen. Richard Shelby (R-Ala.) oppose this measure and want the Fed to have oversight of small banks as well — ensuring that the Fed does not become overly concerned with the business of big banks and ensuring that it keeps an eye on the small financial companies that can be the bellwether of bad economic times. Hutchison has said she plans to “certainly have an amendment that assures that state banks and community banks will be able to have access to be members of the Federal Reserve.”

Make the Consumer Financial Protection Agency truly independent. Sen. Jack Reed (D-R.I.) has promised to introduce amendment moving the Consumer Financial Protection Agency outside of the Fed.

Improve hedge fund reporting. Reed also plans to introduce an amendment closing a loophole in the Dodd bill that might let some private equity firms, venture capital firms, and hedge funds avoid registering with the Securities and Exchange Commission.

This is a reminder that whatever the original bill that the Democrats brought to the floor, what matters is the bill that is passed at the end (and I don't mean by 'the end' when it passes the House and Senate and is signed by the President- now that Democrats run things in DC, that outdated model of passing legislation isn't followed and instead they deem things passed and then our dear leader runs things, and that is what I men by 'the end').