Clay Risen is managing editor of Democracy: A Journal of Ideas and a contributing editor at World Trade. His first book, A Nation on Fire: America in the Wake of the King Assassination will appear in January.
In recent days, policymakers and financial experts have
circled around the idea of creating a government entity--in the model of the
Resolution Trust Corporation (RTC)--to buy up failing assets of financial
institutions. As former Treasury Secretary Nicholas Brady, former Federal
Reserve Chair Paul Volcker, and former Comptroller of the Currency Eugene
Ludwig said in a joint statement on September 17, "This new governmental body
would be able to buy up the troubled paper [i.e., debt] at fair market values,
where possible keeping people in their homes and businesses operating. Like the
RTC, this mechanism should have a limited life and be run by nonpartisan
professional management."
But, er, what was the RTC, and could something like it work
this time around?
What Was It?
By 1989, so many savings and loan institutions had gone
under that the Federal Savings and Loan Insurance Corporation (FSLIC), created
by Franklin Roosevelt to insure S&L deposits, was deemed irreparably
insolvent (previous insolvencies, in 1986 and 1987, had been answered by
federal recapitalizations).
On February 9, 1989, President George H.W. Bush introduced
the Financial Institutions Reform, Recovery, and Enforcement Act. The act was
important for a number of reasons--it shut down the FSLIC and created other
institutions to shore up the failed system for regulating and insuring S&Ls--but
most significantly, it created the RTC.
The RTC was a time-limited (five-year) asset-management
agency that would take over the liquidation of all FSLIC-insured entities to go
bankrupt between January 1, 1989, and August 9, 1992. The RTC was overseen by
the board of directors of the Federal Deposit Insurance Corporation (FDIC), and
the bulk of its staff was taken from FDIC rolls.
Did It Work?
Yes. Despite some haggling between the administration and
the Democratically controlled Congress, as well as between the administration
and the Treasury Department (which wanted to make sure it had significant control
over the new agency), the RTC did its job as charged: Between its enactment and
the end of its charter, in 1995, the RTC managed the closure of 747 S&Ls,
with an asset total of $394 billion, effectively solving the savings-and-loan
crisis at a relatively low cost to taxpayers. (I say "relatively low" only in
comparison to the alternative, which would've been a massive drain on the economy. As it was, the RTC needed much more
money than initially projected, and contributed significantly to the budget
deficits in the early 1990s.)
Can a Similar Model
Work Today?
Maybe. The idea of a disinterested public agency--one not
driven by profit motive or special interest--intervening to resolve Wall
Street's mess is attractive on the surface, and the RTC's past success seems to
give the idea credence. As Brady, Volcker, and Ludwig wrote, "It is certainly
the case that the new institution we are proposing will in the short run
require serious money. That will involve a risk to the taxpayer; but the
institution, administered by professionals, means that ultimate gains to the
taxpayer are also possible."
But there are a few troubling differences. Most notably, while
the assets underlying the failing S&Ls were relatively easy to price and
sell, the assets in question today--countless types of credit derivatives--are
dizzyingly complex. Moreover, while the RTC took over failed S&Ls, the new
proposed agency would take over failing assets of existing banks. Those banks
will have an incentive to influence the new agency to give them the best deal
possible. That would mean a lengthy negotiation process in any case; in dealing
with convoluted and hard-to-value assets like "collateralized debt obligations,"
it could be endless.
Not that the banks would wait until the agency is open for
business to get a good deal. The pressure on Congress to shape Wall
Street-friendly legislation will be enormous. In 1989, the Bush I
administration was just getting going, and was therefore able to spend
significant political capital to prevent special interest groups from loading
down the legislation with riders or complicating subsidiary tasks.
We face the precise opposite situation today: A president
weak by even lame-duck standards, with almost no pull in Congress. Add to that
a heated presidential campaign season, and it seems very unlikely that
cool-enough heads will prevail.
--Clay Risen