Financial regulatory reform draft legislation is making its way through the Congressional sausage factory: 253 pages in the House version and 1,136 pages for the Senate's (Senators tend to be more wordy than Representatives).
But, despite their weight, there are two gaping holes in both versions: not a word dealing with the biggest bad actors in the mortgage market (Fanny Mae and Freddy Mac) or with the financial sector that posed the biggest threat to a nationwide financial panic - money market funds.
While there are plenty of issues to debate within the draft legislation, let's focus here on the two missing chapters.
Fanny and Freddy. According to the Washington Post, the federal government's seizure of these two government-sponsored housing agencies has cost the taxpayers $121 billion. And more dollars are likely to be needed to keep them afloat. And then there's the issue of the original federal housing agency, the FHA, which now looks like it, too, is going to need a multi-billion bailout.
If Congress and the Treasury can't confront the underlying problems arising from federal intervention in the residential mortgage market (making it too easy for high risk borrowers to get government-subsidized credit), they clearly haven't addressed one of the principal factors in the credit crisis of the past two years. Of course, that would be a lot harder to do, politically, than beating up on bankers.
Money Market Funds. For some reason, outside of Paul Volcker's vigorous warnings and substantive proposals from The Group of 30, almost no one at the center of policymaking in Washington appears to be seriously concerned about the role poorly designed money market funds (MMFs) played in the credit crisis.
Promising to hold MMF share prices to $1.00, helped by SEC regulations permitting questionable accounting to maintain that price, and acquiescing in SEC mandates to use credit rating agency marks on all their holdings, the MMF sector literally "blew up" last September. That was when one of the oldest and biggest funds, The Reserve Fund, "broke the buck" thanks to its $785 million investment in Lehman Brothers highly-rated commercial paper.
The money market fund sector has evolved into a trillion dollar "shadow" banking system - but it is regulated by an SEC that is subservient to the investment companies that sell and manage MMFs and is generally clueless about banking issues (and how to catch Barney Madoff).
While the SEC has requested comments on various proposals dealing with possible MMF reforms, the likelihood of serious, fundamental changes is very dim without a legislative directive.
Bottom Line. It would be most constructive if some of the heavy hitters in the Washington sausage factory could add a little more substance to the financial regulatory reform package that is currently moving down the production line.