Prior to 1989, savings and loans were insured by the now-
defunct FSLIC. The FDIC insured only banks. Congress
had to eliminate FSLIC and place the insurance of thrifts
under FDIC. The FDIC kept the Bank Insurance Fund
(BIF) separate from the Savings Associations Insurance
Fund (SAIF), to confine the ripple effect of the meltdown.
The FDIC is designed to be independent. Its money comes
from premiums and earnings of the two insurance funds,
not from Congressional appropriations. Its board of
directors has full authority to run the agency.
The board obeys the law, not political masters. The FDIC
has a preemptive role. It regulates banks and savings and
loans with the aim of avoiding insurance claims by
depositors.
When an institution becomes unsound, the FDIC can
either shore it up with loans or take it over. If it does the
latter, it can run it and then sell it as a going concern, or
close it, pay off the depositors and try to collect the loans.
At times, the FDIC ends up owning collateral and trying
to sell it.
Another outcome of the scandal was the Resolution Trust
Corporation (RTC). Many savings and loans were treated
as "special risk" and placed under the jurisdiction of the
RTC until August 1992. The RTC operated and sold these
institutions - or paid off the depositors and closed them. A
new government corporation (Resolution Fund
Corporation, RefCorp) issued federally guaranteed bailout
bonds whose proceeds were used to finance the RTC until
1996.
The Office of Thrift Supervision (OTS) was also
established in 1989 to replace the dismantled Federal
Home Loan Board (FHLB) in supervising savings and
loans. OTS is a unit within the Treasury Department, but
law and custom make it practically an independent
agency.
The Federal Housing Finance Board (FHFB) regulates the
savings establishments for liquidity. It provides lines of
credit from twelve regional Federal Home Loan Banks
(FHLB). Those banks and the thrifts make up the Federal
Home Loan Bank System (FHLBS). FHFB gets its funds
from the System and is independent of supervision by the
executive branch.
Thus a clear, streamlined, and powerful regulatory
mechanism was put in place. Banks and savings and loans
abused the confusing overlaps in authority and regulation
among numerous government agencies. Not one regulator
possessed a full and truthful picture. Following the
reforms, it all became clearer: insurance was the FDIC's
job, the OTS provided supervision, and liquidity was
monitored and imparted by the FHLB.
Healthy thrifts were coaxed and cajoled to purchase less
sturdy ones. This weakened their balance sheets
considerably and the government reneged on its promises
to allow them to amortize the goodwill element of the
purchase over 40 years. Still, there were 2,898 thrifts in
1989. Six years later, their number shrank to 1,612 and it
stands now at less than 1,000. The consolidated
institutions are bigger, stronger, and better capitalized.
Public-domain text, read in full here on John Shaqi.
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