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FOR IMMEDIATE RELEASE

PR-143-86 (9-8-86)
FDIC CHAIRMAN URGES BANKERS
TO SUPPORT PENDING LEGISLATION

FDIC Chairman L. William
Bankers

Association

Seidman said:

to

Seidman

actively

today

support

urged

members

passage

of

of

the

Senate

"The House and Senate must get together and send

Kentucky

bill S. 2752.
this

critical

piece of banking legislation on to the President."
Addressing the group in Louisville, Chairman
bill

Seidman

explained

the

would provide the FDIC important new authority to deal with mounting bank

failures.

It would

emergency

interstate

continue

and

mergers,

expand

the

FDIC’s

authority

bill

would

also

Management and
FDIC

of

reaffirm

the

independence

Budget’s control.
maintaining

to

arrange

as well as allow the agency to own and operate

failed banks as "bridge banks" until permanent solutions

the

that

of

can

be

found.

The

the FDIC from the Office of

Chairman Seidman stressed the importance

flexibility

to

deal

to

swiftly with problems in the

banking industry.
Seidman
it

also

encouraged the banking industry to support the legislation because

provides

Insurance

for

Corporation.

recapitalization

of

the

Federal

Savings

and

Loan

"The FSLIC plan is better than using tax dollars or a

forced merger of the FSLIC and the FDIC," Seidman said.
Noting

a heavy legislative agenda, Chairman Seidman expressed concern that

passage of S. 2752 might be jeopardized particularly if Congress were to
debate

over

the

"nonbank

bank"

issue.

Such

debate

would

not

renew
produce

agreement, he noted, and, for all practical purposes, is unnecessary since
Comptroller

of

the

Currency

has

agreed

the

to defer any new charter approvals

until the next Congress.

###
FEDERAL DEPOSIT INSURANCE CORPORATION, 550 Seventeenth St., N.W., Washington, D.C. 20429 • 202-898-6996






AN ADDRESS BY

L. WILLIAM SEIDMAN, CHAIRMAN
FEDERAL DEPOSIT INSURANCE CORPORATION
WASHINGTON, D.C.

BEFORE THE

KENTUCKY BANKERS ASSOCIATION

OUR MISSION AND THE CONGRESS

. » • * * • *

L o u is v ille , Kentucky
Septem ber 8, 1986

Good morning ladies and gentlemen and thank you for inviting me here.
It is an honor to be introduced by Congressman Hubbard, a respected member
of the House Banking Committee. I'd like to take the time you have given
me to rail your attention to some pressing matters in Washington, which I
f e e l a re o f g r e a t im portance to th e e n tir e banking in d u stry .
Today Congress returns to complete action on any legislation considered
essential before adjourning around October 3. I t will be an exceptionally
busy month.

Any b i ll th at i s not p e rce iv e d to be c r i t i c a l w ill be

abandoned and will have to be reintroduced when a new Congress convenes
a f t e r th e November e le c tio n s.
High up on each member's l i s t i s the much publicized t a x reform
le g islatio n .

Also, th ere w ill be h eated d e b ate on th e q u e stio n o f

increasing the federal government's debt lim itation.

And related to the

question of debt, Congress must decide whether to le g isla te budget cuts
c a lle d f o r by th e Gramm-Rudman-Hollings Act.
In th e midst of a ll th ese d iscu ssio n s, Congress must also c o n sid e r
appropriation b i lls to keep the fed eral government rollin g u n til next
year. As you can tell, Congress has some very important issu e s to deal
with. There is also a b ill which I consider of cru cial importance to the
banking industry which should not be allowed to go by th e w ayside.
This brings me to my subject. Senator Gam has sent a most important




1

proposal to the Senate floor. The House and Senate must get togeth er and
send th is c r itic a l piece of banking le g isla tio n on to th e P re sid e n t.
S e n ato r G arn 's b i l l would accom plish fo u r th in g s .
First, i t would continue and enhance our ab ility to deal with larg e
failing institutions when in-state options are severely limited.

This i s

an objective strongly endorsed by a ll fed eral bank su p erv iso rs in the
s o - c a lle d R e g u la to rs' B ill.
Second,

i t would give u s authority to create bridge banks.

This

would give us more time to find better solution s fo r resolving la rg e and
sm all bank f a i lu r e s .
Third, i t would reaffirm the FDIC's authority to respond promptly to
problems in the banking industry as they a rise . I t would recognize the
insurance fund represents your contribution to the banking industry, not
t a x d o lla r s s u b je c t to OMB c o n tro l.
Finally, i t would provide for the recap italizatio n of FSLIC in a way
t h a t would not in v o lv e ta x d o lla r s o r your in su ra n c e fund.
P le a se allow me to e la b o r a te on th e se p ro v is io n s.
Fortunately, people here in Kentucky have not grown accustomed to the
FDIC taking over banks. Only two banks have faile d th is year, and only
th ree sin ce 1983. I am su r e you a re aw are, though, bank f a i l u r e s
nationwide could approach 160 by the end of th is year. And more than 1400
banks are now on our problem l i s t .

Hardly a day goes by th a t another

in s t it u t io n d o e sn 't g ain t h a t d u bio u s d is tin c tio n .
I certainly hope the failure rate here remains low so the FDIC never
becomes a major employer or confronts the problems i t fac e s elsewhere in
finding bidders fo r faile d banks.




Our a b ility to obtain b id s in other
2

states, however, does affect bankers here. The savings the FDIC re aliz e s
by avoiding a payoff situation benefits you because your insurance fund's
c o s t s a r e minimized.
The Senate b ill would expand the FDIC's options fo r locatin g bidders
to buy failing banks. I t would give us the authority we sometines need to
b rin g o u t - o f - s t a t e in v e s t o r s in to th e b id d in g p r o c e ss.
Our current authority to arrange in te rsta te acq u isitio n s i s v ery
limited and exp ires September 15.

Today we can go out of sta te fo r a

buyer only when an institution has $500 million or more in a ss e ts and it
has been closed. Moreover, the current law does not provide authority fo r
d e a lin g with f a ilin g banks o f m ultibank h oldin g com panies.
The Senate Banking Committee has agreed to lower the $500 million size
threshold to $250 mi l l i on.

The $500 million threshold i s too high of a

h u rd le, a s most tro u b le d banks a re c o n sid e ra b ly sm aller.
In addition, upon determination by the pertinent chartering authority
that a bank is failing, the FDIC would be authorized to arrange an open
bank acquisition. Such an opportunity means franchise value would be le s s
eroded by the flight of bank customers and tax b en efits may be retained.
This would be reflected in b id s from p o te n tia l p u r c h a se r s, th ereb y
red u cin g th e c o s t s to your in su ra n c e fund.
The Senate b ill also recognizes situations where a fa ilin g bank i s an
integral part of a larger banking organization. I t would expand th e scope
of interstate acquisition authority to include bank holding companies when
the failing bank is over $250 million and represents a sig n ific an t portion
o f th e o r g a n iz a tio n .
Today, potential bidders may be discouraged from bidding on a fa ilin g
3




bank i f they cannot also acquire key a ffilia te s .

The value of a fa ilin g

bank i s diminished when separated from i t s network.

This r a ise s the

Fund's costs. Moreover, the dismemberment of an established system could
be v e ry d is r u p tiv e to th e a ffe c te d lo c a l community.
Some in Washington have viewed the proposal on emergency acquisitions
as legislation intended to help o il patch and farm sta te s.

With Texas,

California and others moving toward interstate banking, these sk ep tics are
wondering whether the power to arrange in te rsta te mergers i s actu ally
needed.
Certainly many of the troubled banks now confronting the FDIC are
located in o il patch and farm sta te s.

But i t wasn't long ago th a t New

England—now a booming region—suffered widespread unemployment a s i t s
in d u strial base shrunk.

The g re at ste e l towns of Pennsylvania have

weathered many economic cycles. And the boom and bust cycle ty p ic a l of a
c o al p ro d u cin g reg io n i s not unknown in t h i s s t a t e .
No region of the country i s immune when it comes to changing economic
cycles.

Nor are banks now th at they are o p eratin g w ithin a h igh ly

co m p etitiv e environm ent.
Even with new emergency acquisition authority, however, p u ttin g
together a satisfactory solution fo r a fa ilin g bank in a sh ort period of
time will not always be possible.

In such situ atio n s a bridge bank-—an

institution owned and operated for a limited time by the FDIC—would help
u s arrange an orderly return of the bank to the p riv ate sector.

The

Sen ate b i l l would l e t u s e s t a b lis h such b r id g e ban k s.
With more time, potential buyers would have an opportunity to a ss e ss
their risk s and hopefully acquire more of a faile d bank's a ss e ts. This
4




would minimize disruption to banking se rv ice s and keep funds flowing to
borrowers until a more permanent solution can be arranged. Creditors, the
affected community, the insurance fund and the banking industry a ll would
b e n e fit.
The b ill also would reaffirm that the FDIC, not th e OMB bureaucracy,
has the authority to determine how the banking industry's funds are spent.
As some of you may know, OMB has suddenly decided th a t an obscure,
36-year old law called the Antideficiency Act g iv e s i t th e r ig h t to
c o n tro l th e FD IC's b u d get.
We knew—and Congress has repeatedly recognized—the FDIC's operations
are completely funded by cur customers.

Bankers pay fo r th e confidence

the FDIC seal in stills in depositors. Today the FDIC has th e fle x ib ility
to deal swiftly with troubled conditions in the banking industry.

L et's

keep i t t h a t way|
I t makes little sense to me why we should seek OMB's b lessin g before
spending the banking industry's money on banking industry problems.

The

importance of maintaining budgetary discretion cannot be overstated—not
only fa r dealing with bank failures but for monitoring and controlling the
r i s k s t o th e in su ra n c e fund.
Currently, our examination force i s stretched f a r too thin.

As some

of you may have read in Friday's Wall Street Journal, we are not gettin g
into our banks as often as we should. Nationwide, nearly one-half of our
exam inations a r e o v er two y e a r s old .
In certain regions, such as the Southwest, the figure i s well above 75
percent. Examinations two, three, or more y ears old have questionable
value.

They hardly represent an adequate b a s is f o r m onitoring th e
5




con d itio n o f a banking in s titu t io n .
We fe e l more frequent examinations will help management id e n tify
problems In time to effect a solution.

I f current tren d s continue, there

could be one bank on our problem lis t for each FDIC examiner by the time
Congress reconvenes in January.

We need the flexibility to provide fo r an

adequate examiner staff. I hope you and your congressman agree with me on
th a t.
Before closing, I would lik e to touch on one more fe a tu re o f th e
Senate b i ll which may not be c r itic a l to th e FD IC's o p e ra tio n s b u t
nonetheless should be supported by the baulking industry.

I t i s th e

recap italizatio n plan f o r th e F e d e ra l S a v in g s and Loan In su ra n ce
C orpo ration .
Many have taken their shots at our fin an cial in stitu tio n competitors
in the S & L industry. Regardless of the differences—or lack of—between
commercial banks and S & Ls, the public today looks primarily to what rate
an institution is paying on deposits and whether i t is a fed erally insured
in stitu tio n .

L i t t le e f f o r t i s made to determ ine whether th e s e a l

f displayed on a financial in stitu tio n 's door belongs to the FSLIC or the
FDIC.
The plan now in th e S en ate would be a w orkable approach f o r
recap italizin g FSLIC without requiring a d irect infusion of ta x p a y e r
funds.

Critical d o llars would be contributed to th e FSLIC fund.

This

infusion would replenish past losses and provide the Bank Board with the
r e so u r c e s i t n eeds to d e a l with i t s tro u b le d in s t i t u t io n s .
The FSLIC recapitalization plan is a workable approach fo r preserving
confidence in a ll federally insured fin an cial in stitu tio n s.

Moreover, i t

is fa r preferable to another alternative—a forced merger of the FSLIC and




6

FDIC. I f FSUEC is not allowed to work out it s own problems th ere are few
alternatives. A merger of the insurance funds may become unavoidable.
I hope I have impressed upon you the importance of the Senate b i ll to
the FDIC—and to the banking industry.

We would lik e to see th is b ill

quickly enacted. Unfortunately, any banking b ill runs the r isk of gettin g
bogged down i f Congress renews the debate over the question of nonbank
banks.

For a ll practiced purposes, the nonbank bank issu e h a s been

delayed until the next Congress by the agreement of the Comptroller of the
Currency to d e fe r any new c h a r te r a p p ro v a ls u n t il t h a t tim e.
Debate on nonbank banks would only delay enactment of th is e sse n tia l
legislation. I t would not achieve nonbank bank le g islatio n , fo r th ere i s
little chance of an agreement being struck on th a t issu e .

The debate

would only s p o il p a s s a g e o f a v ery d e s ir e a b le b i l l . .
In concluding, I want to s t r e s s th at you have a d irec t in te re st in
each featu re of th e b i l l se n t by S e n ato r Garn to C o n gress.

T his

legislation will reduce the operating c o sts of your insurance fund a t a
time when the demands being placed on the Fund and the FDIC s t a f f are
increasing.

I t also would make c le ar th at the FDIC insurance fund i s

intended to serve the needs of the banking industry.

I encourage you to

le t y ou r congressm en know you su p p o rt t h i s c r u c ia l le g is la t io n .
Thank you.




7