UPDATE:Ex-Sen Gramm:Lack Of Regulation Didn't Cause Market Crisis
January 23 2009 - 6:53PM
Dow Jones News
Former Republican Sen. Phil Gramm on Friday blamed monetary
policy and politicized mortgage lending - not deregulation - for
the current market crisis.
Speaking before an audience at the American Enterprise
Institute, Gramm, a vice chairman of UBS Investment Bank, said
regulators had the "massive power to intervene" in the crisis but
chose not to budge because of government policies and political
pressure to grant mortgage loans to people who could not afford
them.
"It wasn't that the regulators weren't there. It wasn't that the
regulators didn't have the authority," said Gramm. "It was that the
regulators didn't have the concern. In no area of the subprime
lending related to mortgages did regulators lack authority."
During his tenure as the Senate Banking Committee chairman, the
former Texas senator was one of the chief architects behind the
Gramm-Leach-Bliley Act and the Commodity Futures Modernization Act
- two bills that some policy and lawmakers say deregulated the
financial sector and paved the way for the crisis.
The Gramm-Leach-Bliley bill repealed the Glass-Steagall Act to
allow for the merger of commercial and investment banks, and was
passed in 1999 following the announced merger of Citicorp and
Travelers Group to form Citigroup Inc. (C). A year later, Gramm
helped pass the Commodity Futures Modernization Act, which
prevented the Commodity Futures Trading Commission from regulating
swap products.
In the wake of the financial crisis, Gramm's bills have often
been blamed for contributing to a regulatory breakdown that failed
to prevent the collapse or near-collapse of many investment
banks.
But Gramm didn't waiver in his support for that past legislation
Friday, asserting instead that the bills didn't deregulate
anything.
In fact, he disputed former Securities and Exchange Commission
Chairman Christopher Cox's assertion that Gramm's legislation
prevented the SEC from regulating credit-default swaps, suggesting
the agency has had the authority all along.
"Something had to be done legislatively to eliminate this cloud
over whether or not swaps were legal," he said. "We removed the
cloud with a bill which gave it legal certainty, but we didn't
eliminate anybody's ability to regulate swaps as bank products or
as securities," he said.
Gramm instead said he believes that monetary policy implemented
during the 2001 recession, coupled with strong political pressure
to lend to unworthy borrowers, is the root cause of the crisis that
has shaken the global economy.
That monetary policy, he said, "inadvertently stimulated" the
housing industry, which was already booming.
Then, the Community Reinvestment Act, he said, "came to be used
as a vehicle to pressure banks to make loans to people with
moderate to low income."
Gramm conceded that the credit-default swap market is too opaque
and needs more transparency to help restore trust in the
marketplace. But he disagreed that such instruments have caused the
crisis, saying the credit-default swap market has proved to be
resilient and that such instruments are better predictors of the
creditworthiness of another company than the credit-rating
agencies.
"I think you can make a case that more financial institutions
would have failed without credit-default swaps," he said.
He said he does believe some reform is in order for mortgage
lending, including a push to require a 5% down payment on a loan
and requiring that lenders verify the data on mortgage
applications.
He also noted that adjustable-rate mortgages should not be
securitized, and that subprime borrowers should be required to
prove they can make monthly payments if interest rates rise.
-By Sarah N. Lynch, Dow Jones Newswires; 202-862-6634;
sarah.lynch@dowjones.com
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