Note: In a previous diary on OTC Derivatives (Which Idiot Decided Not to Regulate Credit Default Swaps?) we looked at the legislative history of the Commodity Futures Modernization Act of 2000. Today’s topic is the Gramm-Leach-Bliley Act and the repeal of Glass-Steagall—a part of the deregulation story of how our banks got "too big to fail." For additional details and reference links see my Financial Regulation Timeline.
From Stiglitz’s 2003 book, The Roaring Nineties (typos are mine):
For more than half a century, commercial banking, which takes deposits from households and firm and makes conventional loans, had been separated from investment banking, which helps firms issue new bonds and shares. The same company could not lend money and also sell securities, in other words. The Glass-Steagall Act, which barred this, was one of the reforms put in place by the administration of Franklin Roosevelt, in response to the wave of bank failures that had followed the Great Crash of 1929. But the ideas behind Glass-Steagall went back even further, to Teddy Roosevelt and his efforts to break up the big trusts, the large firms that wielded such economic power. TR and the Progressives of the early twentieth century were alarmed not only about the concentration of economic power but about its impact on the political process. When enterprises become too big, and interconnections too tight, there is a risk that the quality of economic decisions deteriorates, and the "too big to fail" problem rears its ugly head. Expecting to be bailed out of trouble, managers become emboldened to take risks that they might otherwise shun. In the Great Depression, when many banks were on the ropes, it was, in effect, the public that bore the risk, while the bank got the reward. Wen banks failed, the taxpayers paid the price through publicly funded bailouts.
The Glass-Steagall Act of 1933 addressed a very real problem. Investment banks push stocks, and if a company whose stock they have pushed needs cash, it becomes very tempting to make the loan. The U.S. system worked in part because under Glass-Steagall the banks provided a source of independent judgments on the creditworthiness of businesses. When a "full-service" bank makes most of its money by selling equities and bonds or arranging "deals," issuing loans becomes almost ancillary—a sideline.
With Glass-Steagall, the United States rejected the course followed by other nations, such as Japan and Germany, that did not separate commercial and investment banking—I believe to our evident benefit. But American banks themselves saw Glass-Steagall as reducing their opportunities for making profits and not surprisingly began to insist that the rules separating commercial and investment banking had become passé. In an age of free-floating capital and giant multi-national companies, they argued, banks had to be integrated, to make advantage of what are called "economies of scope"—the benefits that businesses can reap by working in many different areas at once. Global competition was too intense for bank concentration to be a serious worry (though in fact, many borrowers, especially small and medium-siaze firms, have access only to a few potential lenders), and Glass-Steagall supposedly put American banks at a disadvantage.
In the mid-nineties, the banks mounted a concerted campaign to have Glass-Steagall repealed. The conditions were favorable. Prosperity made the notion of bank failure seem very remote (though the S&L crisis of the eighties ought to have been a caution).
In late 1986 and early 1987 Glass-Steagall restrictions on commercial banks were beginning to be successfully challenged in the courts, with the New York State Banking Department and with the Federal Reserve. At the end of April and again in May 1987 the Federal Reserve Board voted 3-2 to permit commercial banks to engage in some limited securities underwriting over the objections of Fed Chairman Paul Volcker who opposed the change. In June, soon after Alan Greenspan publicly backed the Treasury Department’s new position on the creation of a few very large banks saying, ”I do not have a fear of undue concentration of banking powers," the Reagan administration announced its choice of Greenspan to replace the retiring Volcker.
Volcker continued to oppose the expansion of banks into the securities underwriting business until his retirement in August 1987. At this time there was still support for Glass-Steagall in Congress (even from Schumer who wrote an oped for the NYT, Don’t Let Banks Become Casinos) and so, even with Greenspan at the Fed continuing to advocate for repeal, the most Citicorp and others could do was to chip away at regulations. Over the years several attempts were made to change the law but failed to win passage in Congress. It would take a Republican Congress and the Clinton administration’s Robert Rubin and Larry Summers at Treasury to repeal Glass-Steagall.
Rubin became Treasury Secretary in January of 1995. Before joining the Clinton administration, he had worked for 26 years at Goldman Sachs. In March, Rubin asked Congress to repeal the Glass-Steagall Act and to change the Bank Holding Company Act of 1956. Several hearings were held on Representative James A. Leach’s H.R.1062 ("Financial Services Competitiveness Act of 1995" to modernize Glass-Steagall) but the bill died in committee.
In April of 1998, Citicorp (banking) and Travelers Group (insurance) announced their supermerger. Although in violation of Glass-Steagall Act and the Bank Holding Company Act, a temporary waiver delayed required divestitures for two years and chairmen Sandy Weill and John Reed indicated that they intended to pursue changing the law rather than divestiture. Citibank alone spent "$100 million on lobbying and public relations" in the year prior to repeal.
On January 6, 1999, Leach introduced H.R.10, the Financial Services Act of 1999, and the push for repeal was on for the 106th Congress. That spring, the House Banking and Financial Services committee, chaired by Leach, the Senate Banking committee, chaired by Senator Phil Gramm, and the House Commerce committee, chaired by Representative Tom Bliley, held a total of 8 days of hearings. On April 28, 1999, Gramm introduced S.900, the Senate’s version of H.R.10 and it passed 54-44 on May 6. H.R.10 was passed in the House by 343-86 on July 1. Although there was general agreement on the main points, significant controversy remained regarding whether the Fed or Treasury should have the primary regulatory role and proposed exemptions to the Community Reinvestment Act.
On July 2, 1999, Rubin retired and Larry Summers became Treasury Secretary. In October Rubin joined Citigroup where he would eventually be paid over a $115 million.
On July 20, 1999 the House amended S.900 with the contents of their own bill and then the House and Senate sent it conference committee on the 30th where it remained for almost 2 months with no action taken. Reporting on the conference negotiations in the LA Times on November 2, 1999, Robert Scheer wrote:
Only last week, as the bill was being pushed through a congressional conference committee, Treasury Secretary Lawrence H. Summers rushed back from a trip to China to huddle with lobbyists representing Citigroup, Goldman Sachs, Merrill Lynch and other financial giants. The meeting was closed to the media and public, but one participant told the New York Times that Summers lectured the lobbyists on how to spin this bill so it appears to be in the public interest. "He said it would be very unfortunate if any financial institution were to suggest that they do not see the broad public purpose of this legislation," the lobbyist reported.
Finally, during the first week of November, S.900, the Gramm-Leach-Bliley Act, was reported out of committee and passed in the Senate 90-8 and in the House 362 – 57. Glass-Steagall was finally repealed and Democrats as well as Republicans celebrated.
And now, more than 20 years after Volcker lost his battles to protect Glass-Steagall, where are we? Here’s a clue from Yves Smith at naked capitalism: Another Sign That Volcker is Marginalized (And a Preview of His Program)
Last week. Bloomberg reported that Volcker, who many regard as the best asset on Obama’s economics team, is sorely underutilized:
Paul Volcker has grown increasingly frustrated over delays in setting up the economic advisory group President Barack Obama picked the former Federal Reserve chairman to lead…
Volcker, 81, blames Obama’s National Economic Council Director Lawrence Summers for slowing down the effort to organize the panel of outside advisers….Summers isn’t regularly inviting Volcker to White House meetings and hasn’t shown interest in collaborating on policy or sharing potential solutions to the economic crisis,
The usual denials ensued. But a story that corroborates this picture comes from the Globe and Mail, courtesy reader Marshall. Volcker is very much in favor where bank do the bulk of credit intermediation and focus on traditional lending. Effectively, he is calling for the re-imposition of Glass Steagall, the Depression-era legislation that separated commercial banking from investment banking. As we discuss below, this is a radical idea and is at odds with the program Geithner announced earlier this week…





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Great post Selise; gracias and recommended. This “but one participant told the New York Times that Summers lectured the lobbyists on how to spin this bill so it appears to be in the public interest. “He said it would be very unfortunate if any financial institution were to suggest that they do not see the broad public purpose of this legislation,” the lobbyist reported.”
is but another example of what was pointed out on Moyer’s Journal this past Friday.
So despite the naming of an ex IG to oversee the ‘stimulus outlays‘, Obama still is beholden to those who paid for his election(and it wasn’t the small donors).
People need to remember what was needed to achieve independence from Britain (besides the financing from France which out with, the U.S. wouldn’t exist).
Thanks, selise.
I think we’re still seeing the early phases of public fury about this whole mess.
It’s complicated, and it’s maddening, but I think people want more than one day of bank CEO’s before Barney Frank’s committee.
The history is part of the diagnosis on this one: who put it in place?
What was their logic?
Which of their assumptions were most deeply flawed?
What happened?!!
And why on earth are the same people running the show again?
Thanks for this history lesson, Selise! Recommended!
I’m for kicking Summers off to Harvard, and re-installing Volcker to a position of more influence. He saw it right.
And why is it that Summers is regarded as a wizard, if he’s been so wrong on the basics?
Bob in HI
we must en mass,email Obama and tell him to give the boot to Summers…enuf BS already
Thanks selise.
i haven’t been a fan of volcker, but at least he doesn’t appear to be one of the deregulating nuts. what really bothers me though, is that the more i read, the more apparent it is that summers really doesn’t seem to tolerate disagreement from anyone.
Great work, selise. Thanks.
… and that trait did not ingraciate him with the Harvard faculty. ;-)
shocking, i know.
Fantastic work, selise! recommended.
Thanks, Selise
The detail you present is great for those of us who weren’t paying attention back then.
Do you have, or is there, a shorter, combined, edition of all your “Which Idiot(s)….” that I might offer my attention span challenged independent friends?
Pleas digg
Great post selise! Recommended.
I finally found a text specifically related to the economics of the Suez, it went out of print some time ago, but I snagged a copy off of a professor from U Penn, just waiting for it to arrive.
LOL. i wasn’t paying attention back then either – just playing catch up now. hope people will point out anything i’ve gotten wrong or left out…
p.s. sorry about the length…. i’d say there might be a summary if i were to ever get through the list, but that doesn’t seem very likely. hopefully others will fill in the gaps.
One of the idiots took the 2nd grade three times. I believe he campaigned for President on that fact. And, so it goes……….
oops. my @13 was supposed to be in reply to joelmael @11.
ubetchaiam @1 – thanks for the reminder, i haven’t listened to that moyers podcast yet.
ImperialFlow @12 – great, i’m looking forward to your thoughts on it.
thanks to all for the comments etc. never know if anyone is actually going to read one of these.
We’re reading, selise, we’re reading! Keep on the trail. Summers & Co. are pure poison. IMHO Geitner is just a mouthpiece. The lobbyists for the Banks control Congress via their vast campaign contributions and perks. (just venting; I know you readers know that).
Back prior to the Nov/08 elections I searched for the campaign contributors to Steny Hoyer’s election; Yep, the big investment firms. Hoyer is no Dem.
The background history of Summers vs Joseph Stiglitz when Stiglitz was Chief Economics Advisor at the World Bank is well worth research. The 2 camps of economists will never agree. (Obama’s team vs Stiglitz, Roubini, Krugman, James K. Galbraith and others).
Sorta O/T: UBS is going to release some names of investors who possibly (hee,hee) used their offshore bank to evade paying US taxes. In a UBS statement it was reported that one of their American advisers had helped investors to engage in this activity. (Could that one be the grand wizard of deregulation, Phil Gramm – CEO of UBS ??)
DUGG and recommended.
Beautifully written. It brings out nicely the roles of Rubin and Summers and underlines how problematic it is that Obama chose them to be his closest economic advisers.
And it shows how unlikely it will be that we get the policies we need to fix our devastating economic situation. Rubin, Summers, and Geithner are creatures of Wall Street. They see their primary goal has helping Wall Street not us. But they are not alone in this. Congress went into contortions over a $787 billion stimulus even though this is half what was needed. Yet when Geithner showed up with a plan to spend 3 times that much to bail out the banks, again, they effectively let themselves be stonewalled by him.
I wish we could realign and rename the political parties accurately. The Corporatists and the Populists.
Phil Gramm is at the top of my Sheiss List for the rest of my life and consequently, so is McCain. I will not listen to anyone associated with these people EVER.
Just ask them to name a crack addict that could self regulate.
My own suspicions is that this “it is that Obama chose them to be his closest economic advisers.” was part of the deal with the clintonites.
Selise this is and incredible history lesson. Thanks for your work. This is so clear written for a lay person in clear terms.
The revolving door and conflict of interest is made so clear. Rubin moves from Secretary of the Treasury to Citigroup.
Paulson/ Goldman Sachs etc.
Larry Summers “lectured lobbyist on how to spin this bill” Summers sounds like trouble.
Volker sounds like he has taxpayers interest in mind
And to think, they had their tax cut and that still wasn’t good enough for the likes of Phil Gramm and the other tax treasonists who used UBS.
oh don’t forget Gramm’s co-author in the House, Tom Bliley (the Gramm-Leach-Bliley Act of 1999 repealing Glass Steagall), the Undertaker (literally, he worked as an undertaker before he joined Congress and became an instant expert in high finance). I have a sweet spot for the man.. he once personally attacked me in a House speech on an unrelated subject….
My suspicions exactly. IMO I believe it is quite possible that Obama accepted recommendations from the Clintons.
gramm is among the worst – but he didn’t repeal glass-steagall on his own. couldn’t have done it without the clinton administration (especially greenspan, rubin and summers) and sell out dems in congress.
(sounds like you have story to tell!)
it was over some advocacy testimony I gave on the economic returns to the US of our support of offshore family planning programs, during Clinton’s second term. He said that I lacked a human or moral conscience or something to that effect… he was a real Delay hangar-on.. rethug’s arch-rethug. The Bugman and the Undertaker – foreshadowing the nightmare to come. Just think – an undertaker/funeral home director basically WROTE the House bill that put us into our present global financial debacle.
“Couldn’t have done it without the Clinton Administration” Greenspan, Rubin, Summers and sell out Dems in Congress . And then Rubin went to Citigroup. That revolving door is a filthy place
you are awesome – wear that gramm statement with pride!
(you know that if was said on the house floor cspan probably has the video posted in their archives?)
sorry.. it was Bliley on the attack, not Gramm. And it was in committee, although I’m sure it exists somewhere ;-P
Well done selise.
Reads like it was part of some group’s tick list for wealth building on the backs of “those working people”.
Thank you Selise.
You are a treasure.
Thirty years ago, banks were under contiuous aduit from the Comptroller of the Currency, the FDIC, the states in which they did business, their CPAs and their own internal auditors. Audtiors used to to trip over each other. Then there were the hiring freezes under Regan. No auditors were hired by the FDIC or Comptroller for more than three years. S&Ls were a harbinger for housing games and deregulation. In this recent bubble, the bank execs screwed their own investors while insuring their own personal fortunes. I’m a Citibank stockholder with a much smaller investment today than a few years ago. Let them fail, take them over, change the management and put the old guys in the street and then in jail. The Chinese had major economic sector industry problems recently with toys and food over lead paint and melamine. Their solution was much more radical but quite successful in motivating those succeeding the previous mangers to do the right thing in the conduct of business. Strong sanctions will make for better behavior.
It’s high time we stop attributing these results to incompetence (Iraq, bankning, etc.). You do so from the perspective that they’ve not done their jobs, as if you know who they work for and how they are actually compensated. These people are criminals. They break shit on purpose. They don’t work for you and I, they work for the banks.
http://oxdown.firedoglake.com/diary/3820
I was really hopeful about the list of tax dodgers to be revealed by UBS until I mentioned it to someone whose awareness I regard highly. That person kindly said, “It will only list the ones who did not follow orders..”
I was born naive and idealistic, but living in today’s world reality has reduced those outlooks to almost extinct. UBS will probably only scapegoat the little guys; the real manipulators will be protected. I hope I’m wrong and that Phil Gramm’s name heads the list – why would he advise others about this great deal and not take advantage of it himself??
excellant selise. Reminds me of the Moyers program on lobbyists I recently watched. Our government has become a lot of foxes in the chicken coop.
– And more explanation of finance for the layperson who almost failed highschool economics, please!