Trump's Wall Street game
plan needs players
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[June 14, 2017]
By Pete Schroeder and Lisa Lambert
Washington
(Reuters) - Wall Street banks on Tuesday cheered U.S. President Donald
Trump's plans to loosen the leash put on them in the wake of the 2008
financial crisis but they do not expect significant change any time
soon.
The Trump administration has said the bulk of its plan for overhauling
bank regulation can be done via executive order and through regulators,
rather than requiring legislation from Congress. But Trump is months
away from installing top officials at key regulatory posts to carry out
his agenda.
"We won't see policy changes before the end of the year," said Rich
Foster, senior counsel for regulatory and legal affairs at the Financial
Services Roundtable, a trade group.
Trump has gradually been nominating heads of financial agencies, but
only Treasury Secretary Steven Mnuchin and Securities and Exchange
Commission (SEC) Chairman Jay Clayton have been approved by Congress.
Other agencies are either awaiting presidential picks or are operating
under "acting" chiefs. Others have leaders appointed by Trump's
Democratic predecessor, President Barack Obama.
The Federal Reserve has already signaled it will make its stress testing
of banks more transparent and is considering other steps to simplify the
process, in line with Treasury's recommendations.
But the Treasury called for even more significant changes, including
having the Fed overhaul its testing models and assumptions. Such changes
may have to wait until the administration has appointed a vice chair in
charge of banking oversight at the Fed.
Randal Quarles, a veteran of the George W. Bush administration, is
expected to be Trump's pick for the Fed's top bank regulator, people
familiar with the matter have told Reuters. He has not been named
publicly while he is being vetted by the Federal Bureau of Investigation
and the Office of Government Ethics.
Once he is named, he will have to be confirmed by the Senate -- a
process that could easily slide into the fall with Congress facing a
busy calendar and an upcoming five-week congressional recess from the
end of July to the beginning of September.
Analysis by the Bipartisan Policy Center, a Washington think tank, has
found that since 1989, it has taken an average of 149 days for a
financial regulatory nominee to receive Senate confirmation after being
announced.
Quarles has declined to comment on speculation about the possible
nomination.
Meanwhile, the Office of the Comptroller of the Currency is being
managed by an interim Trump pick, Keith Noreika, while the Senate
considers Joseph Otting for the top role.
Otting was nominated earlier this month, but could face a contentious
confirmation. Senator Sherrod Brown, the top Democrat on the Senate
Banking Committee that will consider the pick, has already announced his
opposition, citing his time as an executive at OneWest Bank and that
firm's foreclosure practices.
In addition to Clayton at the SEC, Christopher Giancarlo, the acting
chairman of the Commodity Futures Trading Commission, is already in
position, awaiting full confirmation to take on the role full-time.
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A street sign for Wall Street is seen outside the New York Stock
Exchange (NYSE) in Manhattan, New York City, U.S. December 28, 2016.
REUTERS/Andrew Kelly
But at
the Federal Deposit Insurance Corporation, Obama appointee Martin Gruenberg
intends to serve his full term, which expires in November. Treasury's plans to
ease some of the restrictions around banks' trading, living wills and their
adherence to international banking accords could face resistance from him, given
his role in drafting many existing rules.
An FDIC spokesperson declined to comment.
The Treasury report also focuses significant attention on overhauling mortgage
rules. But that would require cooperation from the Consumer Financial Protection
Bureau which wrote many of them.
That agency's Obama-appointed director, Richard Cordray, has a term that does
not expire until summer 2018.
The CFPB, created in the wake of the financial crisis, receives its funding
through the Federal Reserve and Trump can only fire Cordray "for cause," an
almost impossible standard to meet. That leaves few levers the administration
can pull to get the agency to reorganize its internal operations or make the
suggested changes on mortgages.
Cordray will probably do nothing more than subject Trump's proposals to
"long-term analysis," said Quyen Truong, a partner at law firm Stroock & Stroock
& Lavan, which in Washington means he will shelve it. Truong was the assistant
director and deputy general counsel for the CFPB until early 2016.
"The changes proposed by the study go to fundamental aspects of the CFPB's
philosophy and operations," she said. "The CFPB likely will not confront
directly those proposals."
A CFPB spokesperson said the agency was reviewing the report, but had no further
comment at this time.
A Treasury spokesperson maintained the administration would be working quickly
on its recommendations even as some key posts await Trump picks.
"We have strong working relationships with the regulators and considerable
dialogue is already underway," said a Treasury spokesperson. "We plan on working
with them to begin swiftly advancing these recommendations."
(Editing by Carmel Crimmins and Diane Craft)
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