Glass-Steagall: An Investigation of Easing Constraints Research Methods in Economics Phillip Reese 05/06/2011 Introduction The Banking Act of 1933, more commonly known as Glass-Steagall, was passed in response to the market crash in 1929. According to the Senate Committee on Banking and Currency (1934) there were three reasons for Glass-Steagall. First, banks invested their own assets which created risks to depositors. Second, unsound loans were made to counter the risks taken on by the bank. Finally, banks pressured their customers to invest in securities held by the bank. These three reasons express the worries of risk, moral hazard, and conflicts of interest associated with the bank practices before the crash and can be generally categorized as imperfect information. GlassSteagall was an attempt to rectify these problems. Over the course of its 66-year history, the constraints set in place by the act had been whittled away until its official repeal in 1999. William D. Jackson (1987) states the reasons in favor of these repeals. First, securities firms and foreign firms were much less regulated by Glass-Steagall and caused the banks to lose market share. Second, it was believed that conflicts of interest could be handled by legislation and by separating the deposit taking arm from the investment arm. Third, banks could offer more diverse options to their customers. Finally, many other nations had more lenient regulations and were successful in both areas (1987). The research is important because it provides another perspective to the ongoing debate about financial regulation in light the most recent economic recession; should Glass-Steagall be re-implemented or not, i.e. are the reasons for passing it in the 1930’s applicable today and why? And do these policies effect who can participate in the market? This paper will observe the changes in savings and bank held securitized assets during the periods in which repeals were made to Glass-Steagall in hopes to find correlations among them and determine who is effected by them. This paper finds that there appears to be correlations between repeals and movements in savings and bank held securitized assets, the effects of which are debatable, and that the conditions surrounding the 2008 recession are different from those of the Great Depression. Literature The stock market crash of 1929 is most commonly attributed to a bubble created by the rapid economic growth of the 1920’s (Galbraith, 1954) and/or the mismanagement of the nation’s money supply and interest rates (Friedman and Schwartz, 1962). These two sources provide background on the conditions surrounding the Great Depression and how the government responded, which will be compared to the conditions and the response during the 2008 recession. Kroszner and Rajan (1994) test the validity of the argument regarding conflicts of interest. The hypothesis was that “bank securities affiliates could-and did-systematically fool the (naive) public investor” (1994, p. 811). Their results show that the affiliates did not fool the public into buying lower quality securities, and in fact “Not only did bank affiliates underwrite higher quality issues, but also [they] find that the affiliateunderwritten issues performed better than comparable issues underwritten by independent investment banks” (1994, p. 829). Since the affiliate issues performed better and were of higher quality, it appears as though conflicts of interest were not present. They sold higher quality securities to offset their lack of experience in the industry and did not pressure customers to invest in securities held by the bank. Eugene White (1986) investigated the risk associated with affiliates, another of the three main issues addressed by the Glass-Steagall act. White’s results are, to say the least, short and to the point. He had four questions about how affiliates may have had a negative effect on the commercial banks. First, “Did a Securities Business Increase the Probability of Bank Failure?” (1986, p. 40). His results decisively showed that affiliates did not increase the probability of failure and they actually had the contrary effect. Second, “Was Investment Banking Favored over Commercial Banking?” (1986, p. 42). Again, the answer was no. He found that there was very little, if any, incentive to favor one over the other, the “Divergence of ownership appears to have been the exception rather than the rule” (1986, p. 42). Third, were there “Dangerous Swings in Earnings or Safe Diversification?” (1986, p. 42). His results pointed out that there was little correlation between a bank’s swing in earnings and an affiliate’s, they may have moved together, but one was not reflective of the other. He also made note that the additional risk involved, when a bank invested more money in securities, was small compared to the gains from the returns. Essentially, there was no evidence to support the fear of a dangerous swing. Finally, he asked “Was the Solvency or Liquidity of Commercial Banks Endangered?” (1986, p. 45). Again, his results showed no support for the fear, instead he noted that the size of the bank had a bigger impact on the banks solvency and/or liquidity issues. All these factors together showed that a depositor’s money was subject to little or no risk. The two writers above have given empirical evidence refuting the reasons for passing Glass-Steagall which leaves the question, why was it passed? Joseph Stiglitz (2004) prefers to emphasize the departures from our economic models, such as those mentioned in the Senate Committee and produce a much simpler argument in favor of government regulation. Stiglitz states: “Changes in technology, in laws, and in norms may all exacerbate conflicts of interest, and, in doings so, may actually impair the overall efficiency of the economy. The notion that change is necessarily welfare enhancing is typically supported by the same simplistic notions, sometimes referred to as market fundamentalism, that assert that markets necessarily lead to efficient outcomes. If the economy is always efficient, then any change that increases the output per unit input must enhance welfare” (Stiglitz 2004, p.22). This idea asserts that changes in the market may intensify existing problems, such as imperfect information, moral hazard, and conflicts of interest, all of which are the basis for Glass-Steagall. This is to say that regardless of what the market fundamentals and empirical evidence may show, regulation may produce a more efficient outcome. This is because there are many variables which we cannot quantify accurately, so with regard to White (1984) and Kroszner and Rajan (1994), although their evidence shows that Glass-Steagall may not have been necessary, these factors are just bits of the puzzle and do not completely rule out the need for Glass-Steagall, which seems apparent by the depression. This notion is important because it gives a logical defense for the policy perspective why Glass-Steagall was passed. Intrusions and Repeals Glass-Steagall remained largely unchanged until the 1960’s. James J. Saxon opens the door to “expanding bank powers, and welcoming new banks and branches into the national banking system” (OCC.gov). He believed the regulation of banks was more restrictive of economic growth and welcomed a record number of new charters into the national system, causing uproar among the commercial banks. He said: “Where banking facilities are inadequate, the forces of economic growth will not be fully realized. But, more important, banks can exert a positive influence in exploring, fostering, supporting, and directing the economic development of a community or a nation” (Saxon 1963, p.336). Over the next 20 years banks would exploit loopholes in the regulation, such as creating investment vehicles, like Money Market Accounts, that provided a work-around in order to remain competitive with the banks that were less regulated. In 1980 The Depository Institutions Deregulation and Monetary Control Act began phasing out Regulation Q, allowing banks to pay interest on deposit accounts. Garn-St Germain Depository Institutions Act of 1982 phased out Regulation Q completely. And finally, the official repeal of Glass-Steagall, or what was left of it, was the Federal Services Modernization Act of 1999, better known as Gramm-Leach-Bliley, which allowed commercial banks to become affiliated with investment banks and the allowed the ability to merge. Theory Glass-Steagall implemented an entry barrier. It limited who could supply investments by prohibiting commercial banks from being affiliated with investment banks. Economic theory suggests that an entry barrier limits competition by reducing the industry concentration and thereby limiting supply. By limiting supply, the regulation increased the price for investments and forced out some potential investors. Glass- Steagall also implemented a price ceiling, Regulation Q. This regulated how much interest commercial banks could pay on the deposit accounts of its customers, thereby limiting their returns. Since the increased price is still affordable to upper class investors and they are largely unaffected by commercial bank regulation, due to having the means to earn returns through investment banks, it seems that the excluded investors are therefore, middle class and/or lower class investors. These investors are unable to benefit from the increased returns of these investments, however, by excluding them, they are also protected from the risk of losing what they, potentially, cannot afford. By applying the theories involving a supply side constraint such as, supply and demand and price movements, I can determine what effects the repeals to GlassSteagall had on personal savings and bank held assets, and whether or not the repeals should be reversed. These methods should produce reliable results because it will include evidence based in several theories of economics and it will compare these effects to a highly examined topic, the Great Depression, and a currently debated topic, the recession of 2008. It will use an intertemporal approach to study periods which are regulated and periods which are unregulated, 1929-1933, 1976-1986, and 1995-2009, and observe how the two variables change when the constraint is relaxed. These variables should produce a sufficient number of observations and produce results necessary to answer the questions above. Analysis Figure 1 5 800000 4 600000 3 400000 2 200000 1 0 0 -1 -200000 1929 1930 1931 1932 -2 1933 1934 1935 1936 1937 -400000 -600000 Year Personal Savings (left) USD in Thousands USD in Billions 1929-1937 Overlay Member Banks Net Profit (right) Notes: 1933, the Banking Act of 1933, Glass-Steagall, passed Sources: Survey of Current Business, Table 4 (2010: p. 193) Historical Statistics of the United States, 1789-1945, Table N 68-75 (1949: p. 268) The chart in Figure 1 is the personal savings values for the years 1929 through 1937 overlaying the member bank net profits of the same years. These years were chosen to illustrate the unregulated and regulated conditions before and after of the passing of Glass-Steagall in 1933. What we see in Figure 1 is decreasing savings and decreasing bank profits until 1933 and then increasing savings and increasing bank profits. This turn around seems to coincide with the passing of Glass-Steagall. It appears that by restricting the supply, prohibiting affiliation, the price of the investments increased. This seems to correlate with the increasing profits seen following 1933. The increase in personal savings seems to be a result of more perfect information, or rather the exclusion of those that lack it. That is to say that preventing middle-class investors from having access to these securities had a positive effect on the market; their lack of knowledge on how the securities market worked lead to a panic, of losing assets they couldn’t afford to lose, and contributed to the market’s sharp decline during the Great Depression. Figure 2 350 500 450 400 350 300 250 200 150 100 50 0 USD in Billions 300 250 200 150 100 50 0 1976 1977 1978 1979 1980 1981 1982 1983 USD in Billions 1976-1984 Overlay 1984 Year Personal Savings (left) Insured Commercial Securites (right) Notes: 1980, The Depository Institutions Deregulation and Monetary Control Act passed Sources: Survey of Current Business, Table 4 (2010: p. 193) The chart in Figure 2 is the personal savings values for 1976 through 1984 overlaying securities held as assets by insured commercial banks for the same years. These years were chosen to illustrate the conditions before and after of the passing of The Depository Institutions Deregulation and Monetary Control Act of 1980. This allowed banks to set their own interest rates to compete for savings accounts (Depository Institutions, 1980). This act relaxed the constraint known as Regulation Q, or section 11 of Glass-Steagall, and allowed certain types of institutions to have accounts that paid interest; many of the institutions had already exploited loopholes to deliver the returns to investors through the use of NOW and Money Market Accounts. Previously the regulation limited the returns on passbook savings accounts, largely held by middle-class savers, and the NOW and Money Market Accounts offered a work around. What we see in Figure 2 appears to be nothing significant. The value of securities held by commercial banks tapers off a bit, most likely due to a substitution effect and decreased concentration in response to the eased constraint. This could be caused by the entry of new firms from separate industries providing a similar product, such as money market accounts. These substitutes can cause funds to be dispersed among more firms and routed out of securities and into the new vehicles, thus explaining the tapering. I would expect to see savings increase as a result of increased competition. This is seen in the figure until 1982. Allowing the commercial banks to pay interest on savings accounts did increase competition, in the form of high interest rates paid, and showed that Regulation Q artificially held down the returns to these savers. It also shows that the eased constraint had a positive effect on savers. The drop from 1982 to 1983 is more likely due to legislation passed in 1982, which will be covered in the next section. Figure 3 350 600 300 500 250 400 200 300 150 200 100 USD in Billions USD in Billions 1978-1986 Overlay 100 50 0 0 1978 1979 1980 Personal Savings (left) 1981 1982 1983 1984 1985 1986 Year Insured Commercial Securities (right) Notes: 1982, Garn-St Germain Depository Institutions Act passed Sources: Survey of Current Business, Table 4 (2010: p.193) Statistical Abstract of the United States, No. 808 (1987: p.482) Statistical Abstract of the United States, No. 778 (1988: p.473) The chart in Figure 3 is the personal savings values for the years 1978 through 1986 overlaying securities held as assets by insured commercial banks for the same years. These years were chosen to illustrate the conditions before and after of the passing of the Garn-St Germain Depository Institutions Act of 1982. This act completely repealed Regulation Q, in its Glass-Steagall form, and allowed S&Ls to sell ARMs, or adjustable-rate mortgages (Garn-St. Germain, 1982). These mortgages helped banks shore up their asset-liability mismatches and were an attempt to encourage people to buy homes as they could get lower monthly payments by bearing the risk of higher payments later. What we see in Figure 3 is a bit more significant than the previous figure. We see a drop in the personal savings rate the same year the bill is passed. This could be the result of ARMs working as intended, encouraging people to buy homes increases demand for homes and draws funds away from personal savings. Consumers spend savings to buy houses, thereby lowering savings. The increase from 1983 to 1984 can be explained by the return to saving as the demand for ARMs winds down and the drop following could be the result of increased interest rates causing the payments on the ARMs to increase, lowering savings again. The repeal of Regulation Q, as in figure 2, should have an increasing effect on the savings rate by increasing competition for deposits. This does not seem to be the case; perhaps because the earlier deregulation already shifted the demand and left Regulation Q powerless over the market or perhaps because the ARM loans are seen to be a better utilization of saver’s money, or both. The drop in the value of securities held by commercial banks from 1983 to 1984 can be explained by firms moving assets from securities into the funding of ARM loans. Since the demand for homes seems to have increased, we would expect to see the commercial banks increasing the supply of the loans, the trade-off being a decrease in their assets. They begin to rise again after the flux of funds being moved into ARMs, 1984 on, due to savers moving money back into investment vehicles, thus increasing the demand for securities. The movements in the chart seem to correlate with these explanations, but are by no means definitive as new investment vehicles have been created and they are not accounted for in these observations. Figure 4 400 350 300 250 200 150 100 50 0 2000 1800 1600 1400 1200 1000 800 600 400 200 0 1995 1996 1997 1998 1999 2000 2001 2002 USD in Billions USD in Billions 1995-2003 Overlay 2003 Year Personal Savings (left) Insured Commercial Securities (right) Notes: 1999, Financial Services Modernization Act passed Sources: Survey of Current Business, Table 4 (2010: p. 193-194) Statistical Abstract of the United States, No. 1174 (2003 p.745) Statistical Abstract of the United States, No. 1169 (2004-2005 p.741) The chart in Figure 4 is the personal savings values for the years 1995 through 2003 overlaying securities held as assets by insured commercial banks for the same years. These years were chosen to illustrate the conditions before and after of the passing of the Financial Services Modernization Act of 1999, or Gramm-Leach-Bliley as it is more commonly known. This act officially repealed the barriers preventing commercial banks from affiliating/merging with investment banks (Gramm-Leach-Bliley, 1999). What we see here is commercial banks steadily increasing their security assets and larger, more frequent movements in savings. The increase in security assets is undoubtedly due to the deregulation and the combination of these banks has the potential to impact the market in several ways. Commercial banks affiliating and merging with investment banks, previously prohibited, may combine their assets and/or be compelled to own more assets of an affiliated bank, increasing demand for securities and explaining the increase in assets. It expands the supply to previously excluded demand, such as middle and lower-class investors, by making accounts with little or no minimum balance available, thus increasing demand. The drop in savings could be explained by several scenarios. By selling to the demand previously excluded, the securities vehicles may be sold to investors with less than perfect information, so savings could fluctuate more frequently due to panicking investors. The same, less knowledgeable investors may be losing money in these investments they do not fully understand, also subtracting from savings. Another theory is that investors began holding their money in real estate equity, their homes. The housing boom during the 90’s and early 2000’s is well known and could explain the fall in savings during that time. Defining a correlation in this figure is much more difficult in this time period as more complex investment vehicles have been created and the financial structure of the U.S. has changed dramatically since the Great Depression. Figure 5 700 3000 600 2500 500 2000 400 1500 300 1000 200 USD in Billions USD in Billions 2001-2009 Overlay 500 100 0 0 2001 2002 2003 2004 2005 2006 2007 2008 2009 Year Personal Savings (left) Insured Commercial Securities (right) Sources: Survey of Current Business, Table 4 (2010: p. 193-194) Statistical Abstract of the United States, No. 1169 (2004-2005 p.741) Statistical Abstract of the United States, Table 1176 (2011 p.736) The chart in Figure 5 is the personal savings values for the years 2001 through 2009 overlaying securities held as assets by insured commercial banks for the same years. This set was chosen to illustrate the continuing aftermath after the repeal of Glass-Steagall. There is much debate about the impact repealing Glass-Steagall had on the crisis of 07-08. Due to the large number of bank failures and record dollar bailouts, it appears as though certain sections of Glass-Steagall were preventing conditions conducive to such a catastrophe. The data above only adds a piece to that ongoing debate. What we see is commercial banks continuing to increase their securitized assets, even during the recession, as well as more variation in the value of savings and frequency of change. Without any legislative reference point, this data makes it difficult to pinpoint any residual effects from the repeals. A couple things are apparent however. The increase in the value of securities as assets is steadily rising. This could indicate that, due to the constraints separating commercial banks from investment banks, there was a portion of demand that was willing to buy securities, but they either did not have access, due to these entry barriers, or the price was high enough to price them out of the market, due to increased prices. So by repealing Glass-Steagall these buyers were able to enter/re-enter the market. Perhaps it is these buyers that are responsible for the frequency and depth of the fluctuations seen in personal savings. It could be the case that some of these buyers simply, are under-informed, misinformed, lack experience, or are speculating, when it comes to investing in securities, causing them to panic when the market moves. In any case, there are a vast number of variables not accounted for in the figure that could also be at work, so any correlation drawn here is a very loose one at best. Conclusion This paper has looked at several snap-shots of American economic history, some not yet examined, in hopes to gain insight into what effects can be seen when a Glass-Steagall was repealed. The goal of this insight is to apply it to two peculiar cases, the Great Depression and the recession in 2008, in hopes to determine if the conditions surrounding the markets were similar. When comparing the data of the depression era to that of the 2008 crisis, they are expressly different. According to the data, there are strong correlations between the passing of Glass-Steagall and the turnaround following, but very weak correlations between its repeal and the ensuing instability. This could be due to the fact that economy was weaned off of Glass-Steagall over the course of 20 years, allowing markets time to adjust, many of the loopholes in Glass-Steagall were exploited and undermined its intended effects, the two cases simply have different conditions, or any combination thereof. The effects observed when repeals were made to Regulation Q seemed to be positive. The market showed signs of increased competition and consumers saw the benefits of this in the form of increased returns on their deposits. The effects observed when repeals were made to the sections separating commercial banks from investment banks seemed to be positive for the banking industry as they saw steady increases in the amount of securities they held yet they seemed to have no discernable effect on personal savings and only lessened overall competition in the market. The steady increases the banks saw could be a necessity due to the new vehicles, such as hedge funds, having and increased dependence on securities and/or the banks are diversifying against risk in an attempt to strengthen themselves. Relaxing this constraint also seemed to have the effect of creating firms that were too big to fail and required bailouts, so to answer the question whether or not Glass-Steagall should be re-instated, I would say it depends. I would be in favor of, as my findings seem to support, reinstating regulations separating the banks; they would need to be updated to current market conditions however. Many potential investors were affected by this legislation. Regulation Q artificially held down returns and the separation of commercial and investment banks prevented middle and lower-class investors from having the opportunity to increase their returns. So we can say definitively that Glass-Steagall did affect demand through the excise of its constraints on supply. Another observation of note is, there appears to be, according to the data, some correlation between repeals to Glass-Steagall and the tracking of the two variables. In the earlier charts, the two variables seem to track closely similar, and as the years progress there are repeals to Glass-Steagall and the two variables seem to track further and further apart and dissimilarly. There are many areas in which this research may be faulted. For example, the variables only allow for a very narrow scope; Glass-Steagall affected more than just securities, it affected bonds, loans, new banks, etc., and there are many more variables affecting the two variables chosen other than Glass-Steagall. They assume that securities are held by investors as a means to save, and that they are purchased through a commercial banking entity. The research does not empirically test the strength of the correlations that have been observed. The research, also, does not take into account any effect the creation of the FDIC may have had and this is another aspect of Glass-Steagall. Some ideas to further the research arose while running my observations. A test to see how the market would react to re-instating Regulation Q would confirm whether or not the observed effects are correct. A More in depth analysis of Gramm-LeachBliley’s consequences and implications of too big to fail seems appropriate as this act was observed to be the only repeal with indiscernible effects on personal savings. This could be used to support a case for bringing back portions of Glass-Steagall or at least strengthening the Volcker Rule. A test to see how nonmember commercial banks faired against those regulated by Glass-Steagall would create a baseline of comparison which could be used to compare the two types of banks and see how closely they track during the given periods. I would also be interested to see what role the FDIC backstop played in these fluctuations. And finally any research expanding on the faults noted previously would further explain the conditions present during the time periods observed. References Banking Act of 1933, Pub. L. 73-66, 48 Stat. 162 (1933). Bureau of Economic Analysis, Survey of Current Business, (2010). Comptroller of the Currency, Annual Report (1963), pp.336. Remarks of James J. Saxon, Comptroller of the Currency, 1963. Depository Institutions Deregulation and Monetary Control Act of 1980, Pub. L. 96-221, 94 Stat.132 (1980). Financial Services Modernization Act of 1999, Pub. L. 106-102, 113 Stat. 1338 (1999). Friedman, Milton and Schwartz, Anna J. (1963). A Monetary History of the United States, 1867-1960. Princeton: Princeton University Press. Galbraith, John K (1954). The Great Crash of 1929. Mariner Books. New York. Garn-St. Germain Depository Institutions Act of 1982, Pub. L. 97-320, H.R. 6267 (1982). Jackson, William D (1987). Glass-Steagall Act: Commercial vs. Investment Banking. Congressional Research Service. Retrieved from: http://digital.library.unt.edu/ark:/67531/metacrs9065/ James Saxon (n.d.) OOC. Retrieved from: http://www.occ.gov/about/leadership/pastcomptrollers/comptroller-james-saxon.html Kroszner, Randall S and Rajan, Raghuram G (1994). Is the Glass-Steagall Act justified? A study of the U.S. experience with universal banking before 1933. The American Economic Review, 84(4), pp. 810-832. Senate Committee on Banking and Currency, 73rd Congress, 2nd Session. Washington, D.C. U.S. Government Printing Office, (1934). Stiglitz, Joseph E (2004). Evaluating Economic Progress. Daedalus, 133(3), pp.18-25. U.S. Census Bureau, Statistical Abstracts of the United States, (various years). U.S. Department of Commerce, Historical Statistics of the United States, 1789-1945. Washington, D.C. U.S. Government Printing Office, 1949. White, Eugene Nelson (1986). “Before the Glass-Steagall Act: An Analysis of the Investment Banking Activities of National Banks” Explorations in Economic History, 23, pp. 33-55
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