I laughed out loud when I read the title of Phil Gramm and Michael Solon’s Wall Street Journal op-ed: “The Plot to Politicize Banking”. Here’s a snippet of the piece:
To resist President Trump’s campaign of economic reform and deregulation, his critics usually attempt to portray long-overdue, common-sense policies as assaults on the poor. A good example is the controversy regarding the Community Reinvestment Act, or CRA, which requires banks to meet the “credit needs†of their “entire community, including low- and moderate-income neighborhoods, consistent with the safe and sound operation of such institutions.†The media howled at a plan to rein in abuses of the law—despite its role in fueling the subprime crisis—setting off a fight among regulators.
Bank regulators started using the CRA in the mid-1990s to pressure banks to make subprime loans. Congress used quotas to force government-sponsored enterprises to buy these loans, and regulators set capital standards to induce banks to hold them. By 2008, roughly half of all outstanding U.S. mortgages were high-risk, as measured by down payments and creditworthiness. The federal government itself guaranteed, issued or held 76% of subprime loans. The term “subprime†originated from the implementation of the CRA.
To curb this abuse and encourage sounder lending, the comptroller of the currency proposed new benchmarks last month to measure CRA compliance and require full reporting and accountability. His reforms represent an essential step toward relieving the pressure banks face to lend to politically favored, uncreditworthy entities—the policies that helped cause the subprime crisis.
Yet after the proposal was tarred by the media as an attack on poor neighborhoods, a Federal Reserve Board member proposed an alternative that largely preserves the Obama CRA policy. Disputes among bank regulators are rare, and President Trump should help resolve this one by publicly supporting the comptroller’s reforms.
While policy makers fight over CRA abuses, another effort is under way to politicize credit. This time, instead of steering credit to the favored uncreditworthy, activists want to deny credit to the disfavored creditworthy. Banking was used as a weapon against legal, solvent businesses by the Obama administration during Operation Choke Point, a program to deny the disfavored access to banking services. The Federal Deposit Insurance Corp. labeled certain businesses “high risk,†including firearms and ammunition dealers, check-cashers, payday lenders and fireworks vendors. Unelected regulators, not Congress or courts, marked these industries as “dirty business†and made it “unacceptable for an insured depository institution†to offer them banking services.
When has the banking industry not been politicized? The financial sector as a whole spends $2 billion per year on lobbying, by far the most of any sector of the economy. It’s paid off. The purpose of FICA and all of the other banking regulations are not to protect consumers. They’re to protect the banks. They give people confidence to continue relying on banks and prevent upstart competition.
Had the federal government done what it should have during the financial crisis of 2007-2008 is would have nationalized the big banks and liquidated them as Sweden and Iceland did during their financial crises. We would have recovered much faster as they did. Instead not only did we preserve the big banks, we went after a bunch of smaller banks and forced them to liquidate, allowing them to be absorbed by the big banks which because that much bigger.
Obviously, Sen. Gramm and Mr. Solon aren’t worried about politicization. They’re worried about the type of politicization. I’m all for depoliticizing banks. Ban branch banking.
The CRA again? Still trying to blame those poor people. What does the data say?
“A recent study shows that loans originated from 2003 to 2006 through a major CRA-related lending program performed almost as well as prime loans and far better than the average subprime mortgage during the housing bust (Ding et al., 2011).”
“Three key findings suggest the CRA did not have an important role in the subprime mortgage boom, either through banks’ direct originations or their secondary market purchases.
First, Bhutta and Canner (2009) analyze 2005–2006 mortgage origination data from the Home Mortgage Disclosure Act (HMDA) and find that just 6 percent of all higher-priced loans (a proxy for subprime loans) were “CRA-related”–that is, were originated by depositories to either lower-income borrowers or lower-income neighborhoods in the banks’ CRA assessment areas. The small share of subprime lending in 2005 and 2006 that can be traced to the CRA suggests that the CRA is unlikely to have played a substantial role in the subprime crisis.
Second, in follow-up work using loan performance data matched to 2006 HMDA origination records, Bhutta and Canner (2013) find that CRA-related loans experienced a delinquency rate that was less than half the overall rate for loans in lower-income neighborhoods and was actually lower than the overall delinquency rate across all 2006-vintage mortgages.4
Avery and Brevoort (forthcoming) and Ghent et al. (forthcoming) also find no evidence that the CRA drove up mortgage default rates during the housing bust, showing that default rates in neighborhoods that just meet the CRA definition of “lower-income” are nearly identical to those in neighborhoods just outside the lower-income definition.5 Relatedly, in preliminary work, Ringo (2015) finds that the CRA increased refinancing opportunities in lower-income neighborhoods that were added to a bank’s assessment area by the Office of Management and Budget’s redefinition of statistical areas between 2003 and 2004. By lowering homeowners’ mortgage payments, the increase in refinancing reduced default rates.
Third, Ghent et al. (forthcoming) examine the prospectuses of 100 randomly selected private-label nonprime mortgage-backed securities (MBS) representing more than $100 billion of mortgage debt from Florida and California from 2004 to 2006 and find that not one prospectus mentioned CRA eligibility as a salient feature. Moreover, few, if any, of the MBS pools met CRA qualifications based on the incomes of the borrowers in those pools. Although banks can be credited in their CRA exams for MBS purchases, this potential incentive does not appear to have been a driver in the growth of the subprime MBS market and the loans it funded.”
https://www.federalreserve.gov/econresdata/notes/feds-notes/2015/assessing-the-community-reinvestment-acts-role-in-the-financial-crisis-20150526.html
So there were a lot of things that contributed to the mortgage crisis. The CRA was a tiny piece, but you can politicize and blame everything on it.
The banking industry sometimes has to wait a bit, but they always get what they want eventually. The whole idea that the finance sector was ever getting forced to do stuff is pretty laughable. You can just hear the bankers yelling “please dont throw me into that briar patch of regulations that my lobbyist just helped you write.”
Steve
Operation Chokepoint was a downright evil operation. If you don’t like a particular industry, regulate or legislate against it. But to effectively order banks not to do business with them in order to put them out of business just because you know you any action you want to take won’t pass legislative or judicial muster? BS.
Andrew Cuomo is or was trying to do the same thing in NY with gun manufacturers. Other states are thinking of imitating him, or doing even worse.
And the tactic is scaleable. How would you like it if the AOC’s in the bureaucracy (and they are there) made it so they could freeze your bank account until you got rid of your evil carbon-emitting gas guzzler of a SUV? Or turned in your nasty evil .22 assault weapon? Or got rid of those nasty evil hateful posts about intersectionality?
Don’t laugh. You may call it the parade of the horribles or not, but it’s a concern. Look at the s**tshow going on in Virginia. Turning law-abiding people into instant criminals for possessing something guaranteed by both the US and State Constitutions rather than actually going after the criminals actually using those nasty evil guns to such deadly effect.