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Congress Weighs Next Steps For Financial Regulation
WASHINGTON - As federal regulators continue to unveil new measures to reverse the global financial crisis, Congress on Tuesday began weighing what changes might be needed to restore confidence in the U.S. financial system and prevent future crises.
Joseph Stiglitz, the 2001 recipient of the Nobel Prize in Economics, warned the House Financial Service Committee Tuesday that waiting on reform would delay efforts to restore confidence in the U.S. financial system. (MCT)
The House Financial Services Committee, which will be instrumental in
drafting any regulatory changes, heard testimony from academic and
industry experts who agreed on the need for new regulation, the merging
of some regulatory agencies and writing rules to govern complex
financial instruments.
Lawmakers must decide whether to start by patching holes on a leaking ship, taking a piecemeal approach, or to prepare broad legislation that amounts to building a new ship.
Joseph Stiglitz, a Columbia University professor and the 2001 recipient of the Nobel Prize in Economics, warned the committee that waiting on reform amounts would delay efforts to restore confidence in the U.S. financial system.
"We know the boat has a faulty steering mechanism and is being steered by captains who do not know how to steer, least of all in these stormy waters," Stiglitz said, in a stinging criticism of Wall Street executives. "Unless we fix both, there is a risk that the boat will go crashing on some other rocky shoals before reaching port."
One area of seemingly unanimous agreement Tuesday was to empower the Federal Reserve to guard against threats to the U.S. financial system.
In the crisis, the Fed has acted as the top regulatory cop, but in many areas it lacks sufficient authority. Fed Chairman Ben Bernanke said in a speech last week that he was powerless to prevent the bankruptcy of investment bank Lehman Brothers because of his limitations under existing law.
The Fed has pushed the limits of its authority with numerous creative steps to bolster markets since last March, when the financial crisis began snowballing. These include lending to investment banks, corporations and even foreign central banks, none directly under its regulatory umbrella.
On Tuesday, the Fed unveiled another new effort to restore confidence, this time shoring up the $1.7 trillion money market mutual fund industry by agreeing to backstop as much as $540 billion worth of lending.
The new Money Market Investor Funding Facility will allow money market institutions to sell their holdings of certificates of deposit and commercial paper, the short-term promissory notes issued by U.S. corporations. Because the credit markets have seized up, money market firms can't sell their holdings. The Fed hopes that by purchasing these debt instruments, it will unclog these markets and signal that they're safe.
Lawmakers on Tuesday appeared to agree on the need to reduce the number of financial regulators and increase their scope. Among the possibilities is merging the regulators of banks and thrifts into a single entity, and merging the Securities and Exchange Commission with the Commodity Futures Trading Commission to reflect that Wall Street now is deeply entrenched in markets for a wide array of products other than stocks.
"The number of regulators should be less than we have now, we clearly have a lot of duplication," said Alice Rivlin, a former Fed vice chairman and now a researcher at The Brookings Institution, a public-policy organization in Washington. "I do think we need a regulator of financial behemoths, sometimes known as bank holding companies, that is responsible for making sure they are adequately understanding and monitoring their own risk."
Lawmakers also supported the creation of a special select committee of Congress that could go beyond the usual turf wars and determine what caused the financial crisis and recommend changes.
Broad membership on such a congressional committee could bridge the current gaps that have resulted in the agriculture committees, not finance panels, having jurisdiction over the futures markets, where contracts for future deliveries of oil, natural gas and farm products are sold.
Wall Street investment banks, which fall under the finance committees, have pumped trillions of dollars into commodities markets. Some critics charge that this distorted these markets and pushed up the price of oil and a number of farm products to record levels earlier this year.
There also was unanimity behind bringing some minimum regulation to the over-the-counter derivatives markets. These markets are vast and "dark," or unregulated and non-transparent, for complex financial instruments that billionaire investor Warren Buffett famously dubbed "financial weapons of mass destruction."
These products derive their value from the underlying value of another instrument. Unregulated over-the-counter markets for derivatives, where transactions are between private parties instead of on a regulated exchange, are twice as large as the regulated markets are for them. In the oil market, these insurance-like instruments are called over-the-counter swaps. On products whose underlying value is derived from some form of debt, they're called credit-default swaps.
These swaps and derivatives were excluded from the last overhaul of commodity trading rules in 2000, and credit-default swaps were prominent in September's collapse of global insurer American International Group.
AIG was the leading issuer of swaps, but after paying out more than $18 billion on bets against mortgage bonds, it lost the confidence of investors. That prompted the Fed to step in with an $85 billion loan to prevent the potential collapse of the unregulated swap system.
"These (swaps) are areas where a broader regulatory approach would have served us well," Joel Seligman, the president of the University of Rochester in New York and an expert in securities law, told the committee.
The SEC and the CFTC are both vying for the right to regulate swaps. The Federal Reserve Bank of New York also has been working with the financial industry to create a transparent mechanism for settling contracts between buyers and sellers of swaps.
BREAKOUT BOX:
In coming months, as Washington tackles a regulatory overhaul of the nation's financial markets, there will be lot of terminology thrown around for complex financial instruments that to date largely have escaped regulation. Here's a glossary of some of these terms.
- Derivatives: Financial instruments that derive their value from the underlying value of another instrument. Investors buy these to help manage risk, often taking the opposite position in a derivative from what they've taken in the underlying asset.
- Exchange-traded derivatives: These are regulated derivatives. One example is a futures contract, which gives the buyer a right to purchase oil, corn or some other commodity at a certain price at a future date.
- Over-the-counter derivatives: These are traded in markets where there's no government regulation and they're bought and sold through contracts between parties. These markets have become bigger than stock or futures markets.
- Over-the-counter swaps: OTC swaps are instruments in which an investor enters into a deal to purchase oil contracts at a specified price from the swap dealer over a fixed period of time. If oil rises above this price, the swaps dealer loses. If it falls below the price, the investor has overpaid.
Swaps dealers are most often big Wall Street financial firms, which hedge their own deals through investments in the regulated futures market. As in the futures market, the majority of players are speculators who have no intention of ever taking physical delivery of oil or whatever is the underlying product.
- Credit-default swaps: Like OTC swaps, these are private contracts between parties but the underlying asset on these instruments is debt. The underlying debt can be pooled mortgages that are packaged into a bond, or other types of loans that are packed together and sold into a secondary market through a process called securitization.
The insurance-like swaps allow investors to take a position opposite to their exposure in the debt product they hold. The size of this unregulated market is estimated to be as much as $62 trillion. The lack of any sort of clearinghouse or settlement mechanism poses risks to the entire global financial system. New York state has moved recently to try to regulate some credit-default swaps.
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5 Comments so far
Show AllThe "Fed" is a private bank. Before giving any MORE power, perhaps it should come under the jurisdiction of ... oh never mind.
http://video.google.com/videoplay?docid=-1656880303867390173
So the money for the bailout had to be passed immediately, but the regulations can wait?
The second bailout is going to be better than the first.
"Wall Street investment banks have pumped trillions of dollars into commodities markets. Some critics charge that this distorted these markets"
McClatchy wants to push the fact that speculation distorts markets into the fog of doubt with "some critics charge". Thanks a lot McClatchy! Speculators spew the standard lie to defend their indefensible racket: They blame consumption demand for the price inflation/volatility they induce. But they're gaming the debate on top of gaming the market. Their case requires public ignorance of consumption demand. For example, the speculators suggest that rising demand for autos in China/India is largely responsible for the rise in oil prices. But new autos in China/India are NOT consuming six to eight times the volume previously consumed worldwide. Something ELSE inflated the price six to eight times. Next the speculators claim producers raised prices but this was not in response to consumption demand, which we already established as a bogus lie. And sure, production has leveled off but not by a factor of four/eight. So obviously the producers raised prices in response to SPECULATION demand. And guess what - the refiners/distributors had to get their slice of pie at the pump. Darth Viper decreed it. Petro-dollar speculation is another facet of the manipulation. Consumption demand growth over the next decade plus is scary enough without the speculation rackets. We have to ban speculation and shrink consumption NOW.
There should be NO DOUBT that the spike in the price of fuel towards 160 dollars had absolutely nothing to do with supply and demand.
The supply did not go up a heck of a lot over the past 6 months nor did the demand yet prices plummeted by more then half.
It is speculation and manipulation.
This is how modern wealth is created. It is a massive con game and the Governments are fully participating.
BTW look at who this crisis is hurting the most. In Scotland as example , the Scottish nationalist Party are losing support. The reason is that it is being pointed out to them that without the treasury of the United Kingdom behind them to bail out the failing Scottish banks (The Royal bank of Scotland HBOS and so on) those banks would have failed and the people of Scotland would have lost their savings.
Denamark and Scandanavian countires are now considering adopting the EURO because even though they had nothing to do with this crisis, the financial instability hits the smaller INDEPENDENT countries, that wish to set their own policy the hardest.
Pakistan and other countries are looking to the IMF for bailouts.
I find it too convenient. In days past if a Britain, a France or a United States did not like the policies of one of the smaller countries and if those countries tried to set independent policies, a coup or miltary invasion would happen.
It looks like they found a more covenient method. Crash the financial system then move in to "help".
Watch for this to trigger the call for greater Globalization and greater Corporate power.
The bailout should be to start highly regulated banks that only makes mortgages with very safe conditions at very low rates. Provide capital to make loans on at least 20% equity to excellent risks at 3% interest.
The current mortgage holders would get a big cash infusion for all the good loans they had made and could use the cash to refinance the remaining loans they have at whatever terms net them the most cash. Mortgage holders with the most cash from behaving reasonably could buy up some of the toxic loans or entire banks at pennies on the dollar and rework those loans. All banks that wish to be in the mortgage business should be required to meet very tight regulations. Housing is to important to be left up to speculators.
After the crisis abates the conservative government banks could sell a small % of the regulated banks on the stock market each year to return the taxpayers' capital until completely private.
Responsible people with the new mortgages would have cash for saving or spending to boost the economy. People would stop panicking because the government money would be safe rather than pissed away on the same nut jobs who couldn't manage money in the first place.
Next pass a usury law that limits interest to inflation + 10% for citizens. Let the banks know that in the future they are partners with customers and can't just suck up all the assets of the poor through interest rate theft.
For business have somewhat less regulation on separate banks, each bank must stay out of the other sector.
For the investment community allow a third type of bank with clear instructions that they will never be bailed out by the government. Have all regulation here on transparent records, open books and require all investors to sign a disclaimer that they will not be protected.