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Paulson's Financial Blueprint in Play
In his brief tenure, U.S. Treasury Secretary Henry Paulson has had to face the fact that he inherited an unenviable economic situation. Nonetheless, he has sought to bring his ideas for making the United States more competitive in the global marketplace to fruition, with his overhauling Blueprint for a Modernized Financial Regulatory Structure now preparing to take the Congressional stage. The Blueprint was announced in June 2007 after a blue-ribbon panel was set up in March 2007 at the Capital Markets Competitiveness Conference. For the most part, the idea is simple: trim away the fat and duplicative infrastructure of the current regulatory scheme, while beefing up the power and influence of the Federal Reserve Board.
"We should and can have a structure that is designed for the world we live in," said Paulson. "One that is more flexible, one that can better adapt to change, one that will allow us to more effectively deal with inevitable market disruptions and one that will better protect investors and consumers. The challenge is to evolve to a more flexible, efficient and effective regulatory framework—and that is the purpose of this Blueprint."
The Treasury's reasoning for the facelift is that the current system is several decades out of date. It is comprised of five federal depository institution regulators, in addition to another layer of supervision at the state level. There is only one federal securities regulator, with state-based and self-regulatory organizations aiding in overseeing securities firms. And there is just one federal futures regulator, while insurance regulation is solely state-based with over 50 regulators and no international dimension to the oversight. With how modern markets operate, Paulson wants these aspects to be changed.
"The bulk of these regulatory responses made sense at the time they were created," explained Paulson. "But as we look at today's financial markets, the lack of a comprehensive design is clear."
Paulson's Blueprint recognizes that the current system can't be modernized overnight, but can be tweaked in a series of steps. It calls for short-term recommendations, like creating a new federal commission for mortgage origination and updating the President's Working Group on Financial Markets, as well as clarifying the Federal Reserve's liquidity provisioning. In the intermediary, the Blueprint wants to eliminate some of the duplication of the existing regulatory system by merging the Securities Exchange Commission (SEC) and the Commodities Futures Trading Commission (CFTC) into a single business conduct regulator, while creating an optional federal charter for insurance. The plan's long-term goals would be to create an entirely new regulatory structure using an objective-based approach. It also recommends imbuing the Federal Reserve with the far-reaching title of "market stability regulator," giving it the power to "go wherever in the system it thinks it needs to go for a deeper look to preserve stability," meaning the Fed's oversight would no longer be limited to banks. The Blueprint also recommends creating a prudential regulator, much like the Office of the Comptroller of Currency that combines all bank charters into one charter to ensure the soundness of institutions with federal guarantees.
"I am not suggesting that more regulation is the answer, or even that more effective regulation can prevent the periods of financial market stress that seem to occur every five to ten years," said Paulson, adding, "One of the most constant aspects of American life is change and nowhere is it more evident than in our financial markets. If private institutions don't change, they become obsolete. Our regulatory structure also needs to change and evolve to one which will stand the test of time."
Overall, the Blueprint has received mixed reviews. Most have had serious doubts to the legitimacy of increasing the jurisdiction of the Federal Reserve.
Senator Christopher Dodd (D-CT), chairman of the Committee on Banking, Housing and Urban Affairs, called Paulson's Blueprint seriously flawed. He reiterated his belief that housing and foreclosure were the biggest issues facing the nation at the moment, and that the Fed was at least partially to blame for that. "On the one hand, it would allow the Fed to examine all financial companies—not just banks—to be sure that they are not posing a threat to the overall financial system," posed Dodd.
"On the other hand, it fails to realize that the Fed helped create this crisis by ignoring the red flags as far back as five years ago. It does not make sense to give a bigger shovel to the very people who helped dig us into this hole."
John Berlau, director of the Competitive Enterprise Institute's Center for Entrepreneurship, agreed. "To propose, as the Blueprint does, that the Fed can examine any business that poses a threat to the financial system would result in an unacceptably broad jurisdiction. Many small entrepreneurs may suddenly find themselves at the Fed's mercy."
But, Berlau, like many others, felt that the merging of the SEC and the CFTC, with Sarbanes-Oxley still on the horizon, would help eliminate redundancies and would ultimately be a benefit.
Matthew Carr, NACM staff writer |