Huffington Magazine Issue 33 | Page 69

OBAMA 2.O / FINANCIAL REFORM tally by the law firm Davis Polk, just a third of Dodd-Frank’s rules are done. Only about half of the law’s rules for derivatives have been finalized. Only about a quarter of the rules for winding down troubled banks are in place. Less than 10 percent of the bank regulations are done. The Securities and Exchange Commission is still on the hook for finishing dozens of rules. But the process has ground to a halt with the departure of former chairman Mary Schapiro, leaving only four commissioners on the SEC: two Democrats who will vote to put rules in place and two Republicans who often won’t. “We need three votes to get rules through, or Dodd-Frank will be crippled,” said Greenberger. Three: Solve Too Big to Fail One reform concept with bipartisan support is the idea that the biggest banks are still too big to fail — in fact, they are bigger than before the crisis. The five biggest U.S. banks held about $8.7 trillion in assets at the end of the third quarter, the latest data available, or about 55 percent of the entire U.S. annual gross domestic product. That’s up from about 43 per- cent before the crisis, Bloomberg noted recently. Dodd-Frank offers at least two possible solutions to this problem, according to Marcus Stanley, policy director at the nonprofit Americans For Financial Reform: higher capital requirements for big banks, and the so-called Volcker Rule, which prohibits banks from gambling with their own money. Both provisions could force big banks to get smaller, hiving off trading operations or other parts that make them too bulky. So far, neither provision has been finalized, and the Volcker Rule has been riddled with exemptions before it even takes effect. Four: Get the Right People in Place Though Lew may not eventually run the Treasury as a natural-born regulator, he should at least have a top deputy who will play the role of riding herd on regulation in a second term, many reformers said — someone to speak up for DoddFrank, rebut bank lobbyists and understand the risks lurking in the system. The reported top pick to be Lew’s No. 2, Morgan Stanley chief financial officer Ruth Porat, has the necessary expertise, but has lobbied regulators frequently on behalf of Wall Street since Dodd-Frank’s passage. Other key personnel decisions HUFFINGTON 01.27.13