FDIC revolt on bank rule sparks deeper governance questions

From: POLITICO's Morning Money - Monday Dec 13,2021 01:02 pm
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By Kate Davidson and Aubree Eliza Weaver

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Quick Fix

A move by three Democratic regulators to sidestep the Federal Deposit Insurance Corp.’s Republican chair has prompted fierce debate about who is on the right side of the law — but decidedly less about good governance.

From our Victoria Guida : “The partisan battle erupted after the Democrats who make up the majority of the FDIC’s board voted to take public feedback on potential changes to the agency’s bank merger approval process. FDIC Chairman Jelena McWilliams, an appointee of former President Donald Trump, did not participate in the vote, and the FDIC in an official statement said the action was not valid.”

The White House is standing behind the board members — CFPB Director Rohit Chopra and acting Comptroller of the Currency Michael Hsu (both Biden appointees), and Martin Gruenberg, who served as FDIC chair under former President Barack Obama.

“We do not think that the FDIC chair should try to block actions that the majority of the FDIC’s board of directors legitimately seek to pursue,” said a White House official who asked not to be named.

One knowledgeable source familiar with the agency tells MM the clash is problematic for reasons that have nothing to do with the law.

For starters, it’s putting the FDIC staff — who technically work for the chair — in a terrible position, and damaging the agency’s reputation for being a high-performance, well-functioning regulator, the person said.

“The chair has certain prerogatives and the FDIC is an independent agency, and the Democratic appointees need to respect the authority of the independent chair,” the person said. “At the same time, the independent chair needs to determine where the consensus lies on her board. And if she doesn’t have consensus, she needs to schedule a meeting and figure out a path forward and dissent if necessary.”

“No chair ever wants to do that, but it happens,” the person added.

As Victoria reported, McWilliams circulated a staff draft of a request for comment on bank merger policy that she was willing to use as a basis of negotiation before the blowup, according to an agency official who requested anonymity. But a CFPB official familiar with the situation said the FDIC chief stonewalled Chopra and his staff on the matter and that McWilliams was offering a “gutted” version of the bank merger document. The CFPB official said they were evaluating next steps.

Peter Conti-Brown, co-director of the Wharton Initiative on Financial Policy and Regulation, said the fight also invites partisan analysis of governance and procedure — “that is, all Dems see the rules pointing one way, Rs see it the other.”

“I doubt very much that most of the commentary we are seeing would stay where it is if the partisan teams switched,” Conti-Brown said on Twitter.

What happens next? The president has given instructions to agencies to review competition standards, and McWilliams should allow the request for information to be published in the federal register, Conti-Brown says. And Democrats, even if they are legally in the right, should proceed more cautiously.

The board is set to meet Tuesday, and some progressive groups are urging the president to remove McWilliams if she doesn’t give up some ground.

“I really think it’s bad for the agency and I hope they can all rise above whatever tensions there have been and try to sit down and get this worked out,” the person familiar said.

IT’S MONDAY — We’re with you through Friday, then taking a break until 2022. What do you want to see in MM that nobody else is talking about? Send your ideas, tips and feedback to kdavidson@politico.com or aweaver@politico.com, or on Twitter @katedavidson or @aubreeeweaver.

 

JOIN TUESDAY FOR A WOMEN RULE 2021 REWIND AND A LOOK AHEAD AT 2022: Congress is sprinting to get through a lengthy and challenging legislative to-do list before the end of the year that has major implications for women’s rights. Join Women Rule editor Elizabeth Ralph and POLITICO journalists Laura Barrón-López, Eleanor Mueller, Elena Schneider and Elana Schor for a virtual roundtable that will explore the biggest legislative and policy shifts in 2021 affecting women and what lies ahead in 2022. REGISTER HERE.

 
 
DRIVING THE WEEK

FDIC board meeting Tuesday … Senate Banking Committee stablecoin hearing Tuesday … Treasury Department Freedman’s Bank forum Tuesday …Bipartisan Policy Center virtual discussion on housing supply Tuesday … Center for American Progress and Sierra Club virtual discussion on “Wall Street’s Carbon Bubble” Tuesday.

Federal Open Market Committee meeting Tuesday and Wednesday … November retail sales data released Wednesday … Senate Banking disaster recovery aid hearing Wednesday … November housing starts data released Thursday … Financial Stability Oversight Council meeting Friday.

INFLATION WATCH

SOARING INFLATION COULD HAMPER BIDEN’S BID TO NARROW WEALTH, RACIAL DISPARITIES — Our Eleanor Muller: “Rising prices have historically squeezed workers with lower incomes more than their higher-paid counterparts, particularly during economic downturns — not only because workers with lower incomes have less wealth to fall back on, but because the goods they purchase most increase more in price, and they are less able to seek out lower-priced substitutes.”

Latest inflation data: Here’s our Ben White on Friday’s November CPI report showing 12-month prices up 6.8 percent. As Ben notes, the latest data could fuel Republican criticism of Biden’s economic performance – a key factor in the 2022 mid-term elections – and embolden conservative Democrats such as Sen. Joe Manchin of West Virginia to oppose the president’s $1.7 trillion Build Back Better package, which the party hopes will clear the Senate by Christmas.

White House slams meat processors: We told you Friday to expect to hear more from the administration and lawmakers about big corporations’ role in rising prices. In a blog post after the CPI report , White House officials noted that meat prices are still the largest contributor to rising grocery bills, while profit margins for the biggest meat-processing companies have skyrocketed since the pandemic. “The meat price increases we are seeing are not just the natural consequences of supply and demand in a free market—they are also the result of corporate decisions to take advantage of their market power in an uncompetitive market, to the detriment of consumers, farmers and ranchers, and our economy.”

Yellen to Hill: Ignore inflation data, BBB alternative cost estimates: Meanwhile, our colleague Laura Barron-Lopez obtained a memo from Treasury Secretary Janet Yellen to the Hill Thursday night urging Democratic lawmakers not to be spooked by Friday’s inflation numbers and a new analysis of President Joe Biden’s social spending bill designed to portray it as exceedingly costly.

WYDEN UNVEILS REVISED RECONCILIATION TAX PLAN — Our Brian Faler: “The Senate’s top tax writer is offering companies with pensions special protections from Democrats’ proposed ‘book income’ minimum tax on large corporations.

“In a revised draft released Saturday, Finance Chair Ron Wyden (D-Ore.) also proposed easing limitations on corporate interest deductions that Democrats want to use to help finance their next big legislative package. … Wyden is also dropping a planned tax on vaping; making changes to a number of energy tax credits; and correcting technical snafus in a House-passed version of the measure.”

BIDEN ORDERS END TO U.S. OVERSEAS FOSSIL FUEL FINANCE — Our Zack Colman: “President Joe Biden is ending federal financial support for most overseas fossil fuel projects, as part of the administration's effort to put its weight behind deploying more clean energy abroad to combat climate change. The new U.S. policy position was announced in a diplomatic cable sent to U.S. embassies last week that was obtained by POLITICO on Friday. The policy covers future fossil fuel projects, and excludes those that have already received approval from U.S. agencies or finance institutions.”

FED SCOLDS BIG BANKS IN WAKE OF ARCHEGOS MELTDOWN — Victoria again: “The Federal Reserve on Friday sent a warning to large banks in the wake of the collapse of overleveraged investment fund Archegos Capital Management and urged them to get complete and verified information on any similar clients in the future. … The Fed told banks that, when initiating a relationship with an investment fund, they should gather information on “the fund’s strategy, concentrations and relationships with other market participants.”

FIRST LOOK: TREASURY URGES FEDS TO USE MINORITY BANKS — Deputy Treasury Secretary Wally Adeyemo is asking his counterparts at other federal agencies to consider using participants in Treasury’s Minority Bank Deposit Program for their banking needs, according to a letter sent Friday and obtained by MM. The program includes minority- and women-owned firms and credit unions in underserved communities. The move is part of Treasury’s effort to promote supplier diversity, and comes as the agency is hosting its annual Freedman’s Bank forum this week.

IT’S FED WEEK —

INFLATION SURGE PUSHES REAL RATES INTO MORE DEEPLY NEGATIVE TERRITORY – WSJ’s Nick Timiraos: “This year’s inflation surge has had a sometimes overlooked side effect: It means the Federal Reserve’s interest-rate policy is providing even more fuel to a hot economy. The Fed influences borrowing costs by controlling a short-term lending rate, called the federal-funds rate. To stimulate the economy, it has held the rate near zero since March 2020, when the coronavirus pandemic hit.

“But in economic models, it is the inflation-adjusted — or ‘real’ — interest rate that matters most, because inflation reduces the value of future repayments. The real rate ‘is arguably the most fundamental indicator of the stance of monetary policy,’ wrote economists Christina Romer and David Romer in a 2004 paper.”

FED’S ECONOMY EXPERIMENT OFFERS HISTORIC BET ON SOFT LANDING FROM HIGH PRICES — Reuters’ Howard Schneider: “The U.S. Federal Reserve's experiment with running a ‘hot’ economy has edged into historically uncharted territory, with an unemployment rate never reached without associated central bank rate increases and now levels of inflation that in the past also prompted a policy response.”

EL-ERIAN: TRANSITORY INFLATION CALL LIKELY FED’S WORST EVER — Bloomberg’s Eric Martin: “Allianz SE’s Mohamed El-Erian said the Federal Reserve needs to move fast to regain control of the inflation narrative, denouncing Chairman Jerome Powell’s prior assurance that price increases are short-term.”

 

BECOME A GLOBAL INSIDER: The world is more connected than ever. It has never been more essential to identify, unpack and analyze important news, trends and decisions shaping our future — and we’ve got you covered! Every Monday, Wednesday and Friday, Global Insider author Ryan Heath navigates the global news maze and connects you to power players and events changing our world. Don’t miss out on this influential global community. Subscribe now.

 
 
Fly Around

YELLEN WALKS POLITICAL TIGHTROPE TO DELIVER ON BIDEN’S CLIMATE PROMISES — WSJ’s Amara Omeokwe and Paul Kiernan: “Facing pressure from congressional Democrats and a need to deliver on President Biden’s campaign promises, Treasury Secretary Janet Yellen is instructing financial regulators under her watch to take steps to reduce risks tied to climate change.”

ONE OF THE MOST LOPSIDED BATTLES IN THE LOW-WAGE WORKER REVOLT — WaPo’s Greg Jaffe: “On one side: six Dollar General employees, most of whom were making the minimum wage or just slightly above it. … On the other: a company with yearly revenue approaching $34 billion, more than 157,000 employees and 17,683 stores, not one of which was unionized.”

ICYMI: Bloomberg published a “2021 in Review” photo gallery featuring images that capture the ebb and flow of this year’s economic recovery.

 

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