Thursday, June 17, 2010 by The Independent/UK
by Sean O'Grady
Wall Street's biggest banks are engaged in the legislative equivalent of house-to-house fighting as the final provisions of the US financial reform bill are decided in Congress.
With lawmakers working to tie up the most sweeping reform of banking since the Great Depression by the end of this month, billions of dollars are at stake in almost every line of the legislation, and lobbyists for the industry are still confident of securing the defeat of some of the harshest provisions under discussion.
In particular, they are focusing on getting Congress to drop a provision that would force banks to sell off their lucrative derivatives trading businesses - but the industry is resigned to accepting a quid pro quo, namely new curbs on their ability to conduct proprietary trading.
Analysts at Citigroup yesterday estimated that up to 11 per cent of Wall Street's profits are at risk from the reforms, which are designed to make the financial system safer and avoid a repeat of the credit crisis. Worst hit would be Goldman Sachs, which could lose 23 per cent of its earnings.
The US Senate passed its version of a financial reform bill on 21 May, five months after the lower House of Representatives passed its own bill, and the pair now have to be married together before legislation is presented for the presidential signature - by a tentative deadline of 4 July.
Between now and then, senior politicians from both Houses and from both parties are going line by line through the legislation. This conference process began last Thursday and Wall Street has already succeeded in winning some minor victories, but the biggest fight - over exactly which bits of their business banks will be forced to exit - will come towards the end of the discussion.
The two key names to watch out for are Paul Volcker, the former chairman of the Federal Reserve and now a White House adviser, and Arkansas senator Blanche Lincoln, chairman of the Senate agriculture committee, which oversees the derivatives markets.
The "Volcker rule" would require banks to stop "proprietary trading" - that is, trading for their own profit instead of simply making trades for clients. It is simply unfair, Mr Volcker says, that banks operating with access to Federal Reserve assistance should be using that advantage for themselves rather than for clients.
The Volcker rule certainly means in-house hedge funds and private equity funds will have to be spun off; the question is how to distinguish proprietary and client trading. What is the difference between a bank buying an investment because traders think it will go up in value and buying it because they think there will be demand from clients?
Senator Lincoln's proposal added a whole new threat to Wall Street profits, since it demands that all trading in credit default swaps be conducted outside of banks. It was these opaque derivative contracts that led the financial panic to spread through the banking system in 2008, because banks had entered into trillions of contracts with each other but no one could trace who was exposed to what liabilities. The Obama administration preferred to force swaps trading on to public exchanges, ending the opacity, and does not support the Lincoln proposal, but it passed the Senate nonetheless.
The question now is whether it will survive the conference process, and Wall Street lobbyists are fighting to ensure it does not. Allies in the White House already appear to have had some success in watering down the plan. In a "clarification", Senator Lincoln suggested that her rules would allow banks to house swaps trading in a separate subsidiary which could only raise capital from shareholders or the financial markets. Analysts, however, believe the proposal could still be defeated in conference.
These debates are still to come. In the early stages of the conference process, lawmakers focused on easier areas. On Tuesday, for example, they voted to raise the cap on deposit insurance to $250,000 (£169,000) from $100,000, a move they hope will allow banks to attract more cheap money from savers. Yesterday, they were debating allowing shareholders to sue a company's banks and accountants when company officers commit securities fraud.
Credit rating agencies also scored an early victory, securing the removal of a provision that would have created a government panel to assign business to 10 federally approved agencies as a way of ending the conflicts of interest that many blame for the credit crisis. The big agencies are paid to give ratings by the issuers of debt or the creators of mortgage derivatives, something that lawmakers believe led them to mischaracterise many toxic mortgage derivatives as safe investments. Instead of the government panel, there will be a longer study of the issue, looking for a better solution.
Once the laws are in place, the focus will switch down to the regulators that will be charged with interpreting the laws and coming up with the detailed rules that govern things such as capital requirements and the characterisation of individual trades. Much of this will dovetail with the international rules coming out of the Bank for International Settlements.
Whatever big changes are decided, banks will be given years to implement them. The impact on earnings will therefore be delayed, while the impact on stock prices could be immediate - and perhaps surprisingly positive. "We believe a final regulatory reform law could be a positive catalyst as it should remove some of the overhang on the stocks that we have seen throughout the unpredictable regulatory reform process," Citigroup's bank analyst, Keith Horowitz, said. "It appears investors have already factored in most of the impact. Uncertainty has created very attractive buying opportunities."
WASHINGTON – President Barack Obama's plea for more stimulus spending as insurance against a double-dip recession hit a roadblock in the Senate on Wednesday, the victim of election-year anxiety over huge federal deficits.
A dozen Democrats joined Republicans on a key 52-45 test vote rejecting an Obama-endorsed, $140 billion package of unemployment benefits, aid to states, business and family tax breaks and Medicare payments for doctors because it would swell the federal debt by $80 billion.
The swing toward frugality runs counter to the advice of economists who support the bill's funding for additional jobless benefits and help to states to avoid layoffs of public service jobs. They fear that the economy could slip back into recession just as it's emerging from the biggest economic downturn since the Great Depression.
Federal Reserve Chairman Ben Bernanke warned last week that while lawmakers need to come up with a plan for tackling the nation's long-term deficit crisis, the U.S. recovery is still fragile. It's too early for large, immediate spending cuts, Bernanke said.
"We've got to do more to build on the existing jobs momentum and that's what these targeted measures are about," said White House economist Jared Bernstein.
The Senate earlier passed another version with even bigger deficits. But that was before tea party-backed candidates running on anti-deficit, anti-big government platforms began knocking off more established politicians in spring primaries.
Despite the loss, Democratic leaders predicted serenely that a scaled-back version of the measure — extending unemployment benefits for the long-term jobless and providing $24 billion in aid to the states — could pass, possibly as early as later this week, after relatively minor revisions.
"We need to change a few things," said Majority Leader Harry Reid, D-Nev.
Later Wednesday, Finance Committee Chairman Max Baucus, D-Mont., unveiled a new, slimmer version of the bill that he predicted would "provide a path forward."
But Republicans cautioned that the margin of Wednesday's vote was a bad sign for a bill that, even after revisions, would still likely add more than $50 billion to deficits over the next decade. Democrats would need 60 votes, 15 more than they got Wednesday, to prevent Republicans from blocking the bill.
"All I can tell you is that consensus about borrowing, debt, spending is growing stronger in our caucus and I think it is in the Democrats' as well," said Sen. John Thune, R-S.D.
Obama renewed his push for the measure last weekend, warning that "hundreds of thousands" of state and local government jobs could be lost without $24 billion in Medicaid money to help states balance their budgets and $23 billion more to prevent layoffs at local school districts around the country.
The new version released Wednesday afternoon would roll back last year's $25-a-week increase in unemployment checks and give doctors just a six-month reprieve from scheduled cuts in their Medicare payments instead of relief through 2011.
A new tax on investment fund managers — who presently pay taxes on much of their income at the 15 percent capital gains rate instead of the 35 percent top income tax rate — was pared back for venture capitalists. It would impose regular income taxes on only 50 percent of profits that are the result of sales of assets held for five or more years.
The lost receipts would be replaced with still more revenue from an increase in the per-barrel tax paid into the oil spill liability trust fund. Now limited to 8 cents a barrel, the tax would rise more than six-fold to 49 cents a barrel under the latest version of the bill — instead of 41 cents under the version killed on Wednesday.
But top Democrats were standing strongly behind $24 billion in help to state governments for the Medicaidhealth program for the poor and disabled. Some 30 states have incorporated the money into their budgets for the fiscal year starting July 1 and governors say that without it, they'll have to lay off thousand of workers.
"The effect on the economy of not doing this ... would be disastrous," Pennsylvania Democratic Gov. Ed Rendell said. "If we lose this (Medicaid) money, we will have to lay off 20,000 people."
"If states don't get this aid, they will be cutting payrolls very aggressively and it is a serious threat to the recovery," said Mark Zandi, chief economist at Moody's Analytics.
The renewed stimulus money is part of a catchall measure combining the jobless aid and help for states with the renewal of dozens of popular tax breaks for businesses and individuals, including a property tax deductionfor people who don't itemize, lucrative credits that help businesses finance research and develop new products, and a sales tax deduction that mainly helps people in states without income taxes.
The urgency to pass the measure is palpable since Medicare announced earlier this week that a 21 percent cut in reimbursements to physicians would take effect on Friday. And by the end of the week, more than 900,000 people out of work for more than six months will have been ineligible to apply for continued benefits, according to the latest Labor Department estimates.