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K Street Seeking Treasury Help 'This Week' on New Exec Pay Rules

The stimulus bill is about to be signed into law, but debate continues to rage over the executive-pay limits that were inserted into the measure by Senate Democrats.

As we reported yesterday (and Politico follows on today), the Obama administration has several options to slow down or revise the new compensation caps. Issuing a signing statement to invalidate enforcement of the limits are the most unlikely outcome -- purely due to the political blowback that would result if Obama borrowed such a famous Bush-era tactic.

Which leaves the year-long window for the Treasury Department to release rules implementing the new pay caps. That certainly sounds like a long enough time to devise a way around the limits, but the financial industry is calling for Treasury to step in much more quickly ... in fact, before the week is out.

"The next step is to go to Treasury, so that's where we're going to focus on," Scott Talbott, senior vice president of government affairs at the Financial Services Roundtable, told me. "They have a year to write the regulations, [but] we need guidance now ... ideally by the end of the week."

Talbott is particularly concerned with the stimulus' definition of "incentive compensation," which he believes could limit the ability of Wall Street banks to pay commissions to salespeople.

The Center on Executive Compensation, a trade group formed by mostly non-financial corporations to battle against CEO pay constraints, is warning that the stimulus rules -- which apply only to companies that benefit from the TARP bailout -- could be a first step down a slippery slope to more government intervention. From the CEC's statement on the stimulus:

Although the executive compensation provisions in the economic stimulus bill apply only to TARP recipients, they could set a pattern for other companies at some future point. One of the most far-reaching provisions, which would have capped salaries for all employees at $400,000, was removed, but the concept is now clearly in play.

Despite lobbyists' eagerness for Treasury to weigh in on the stimulus, the use of hard-and-fast terms in the new pay rules may make it hard to relax them, University of Delaware professor Charles Elson said. "Either people will flee the industry or you'll have dramatic evasion [of the limits], which is terrible. It's going to be very hard to write your way around it," Elson, who teaches at the university's Center for Corporate Governance, told me.

Elson's prediction of a "brain drain" from TARP-participating banks in response to the new rules is another popular argument being floated in the media by financial industry lobbyists. But independent executive pay analysts such as Paul Hodgson, of the Corporate Library, tend to put little stock -- no pun intended -- in K Street's dire warnings.

"I keep hearing this argument that we'll get a brain drain," Hodgson told me. "I'd like to know where they're going. Two or three investment banks have disappeared. It would seem to me that even for smart people, the labor market is flooded right now with investment bankers. It's even flooded with CEOs."


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given the dire condition of the overall market, i'd also like to know where these "smart bankers" will be going to.

the dirty little secret is that these guys (a) aren't that bright and (b) are extremely fungible.

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That's right. Where is the "brain drain" going to go?

The whole world's economy is tanking so where are those jobs going to be in the rest of the world if they aren't in the United States?

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Maybe a brain drain wouldn't be a completely bad thing. It looks like the current set of brains has us in one hell of a mess. I'd go for a little less stealing and a lot more common sense.
Greed, never before equaled,is going to drag our country down to third world status. And all the bankers can worry about is more compensation.Does Wall Street exist for the sole purpose of stealing from Main Street?
Maybe these financial types should get acquainted with a hammer,saw, tape measure, and square. Actually build something useful like a bridge or road . Instead of a moneychanger.

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It looks like the current set of brains has us in one hell of a mess.

You mean the bunch of prestidigitators who transformed a bunch of subprime loans into AAA-rated instruments through the magic of bundling and securitization?  Why, those guys are a national treasure!  We're really in deep doo-doo if they get lured into jumping ship by those wealthy investment firms in Zimbabwe.

Greed, never before equaled...

No.  Wall Street greed is as it ever was.  What changed was the removal of regulations and other legal restraints.  The result was a lot of opaque and inscrutable securities with which the greedy played their shell game.  Dubya and the GOP Congress drank much too much of their own Kool-Aid, and now the whole country (and the rest of the world) is writhing in pain.

Greed is expected.  In fact, it has a positive component.  But there has to be a tension between greed and oversight.

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I have an image of CEO's scurrying around a maze like rats with their pockets full of cash, and as they all scurry from one exit of the maze to the next, they are suddenly blocked by us toying with them, all the while passing by one exit with a tiny tiny little hole that won't allow them to pass without shedding some of that excess cash.

OT but did anyone see the latest Congressional approval ratings.

America 1
GOP 0

http://www.gallup.com/poll/114670/Congress-Approval-Rating-Jumps.aspx

You wouldn't guess that listening to the blogs and MSM though would you. I wonder when this will begin to show in how Congress votes. Will it take another whooping in 2010 or what?

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Of course their ratings are up...they just pushed the MessiahBill past the evil Republicans...they'll have better jobs, free healthcare, their gas tanks will be full and their mortgages will be paid...all their worries are gone... Congressional approval ratings should be up in the high 90's in a couple of months now that they saved us.

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And you'll probably be first in line for the largesse, just like those Republican congresscritters who are falling over each other to take credit for this or that item in the bill they spent their last ounce of strength opposing.

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Rules schmules...This is the change we can believe in!

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I bet the membership and contributor lists of the Center of Executive Compensation would make for interesting reading.

Bet the respective corporations' shareholders would love to know about these lists.

I guess the members must be publicly traded corporations, or public and private corporations waiting at the bailoout troughs, because I can't imagine privately owned corporations would need this kind of lobbying.

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The execs say they "need guidance now", apparently expecting Treasury will write rules which allow them to bypass the pay and bonus limits. I have a suggestion where they can get guidance right now, immediately, without delay. Read the bill, which is now the law. Obey the law. Is that too complicated?

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It's nothing more than extortion by another name!

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Yeah, because if not for the likely political blowback, Obama would totally be tossing off signing statements the way Elvis Presley's doctor tossed off prescriptions.

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Issuing a signing statement to invalidate enforcement of the limits are the most unlikely outcome -- purely due to the political blowback that would result if Obama borrowed such a famous Bush-era tactic.

Purely? Wouldn't the fact that the president does not have the authority to unilaterally invalidate congressional statutes come into play at all?

How have we arrived at the point where American citizens matter-of-factly believe in the omnipotent authority of the president to do whatever s/he wants?

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The executive pay caps apply to very company that borrows or has borrowed money from the treasury or fed under the TARPs and/or stimulus law.
The larger the company the more likely they are to have a lot of execs that will have to take a pay cut.
Which means that the execs in that high pay bracket will either just lump it, taking less pay and stay where they are
or
they will move to a company that does not borrow under the TARPs and/or stimulus law.
Results will be that most well managed companies will just pick up some top talent (in each industry they know who that is) willing to accept what they are now paid or slightly less to make the move and those companies with the greatest need for those talented execs will lose them.
In the end the bailed out companies will wind up with mediocre management and require continued government funding to survive.

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So the exec's say they need guidance now?
Okay, I've got some for them: "suck it up"

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well they will try to keep getting those billions in bonus or appreciation package or encouragement this or that. They will also threaten to lose the best of wall street. but where will they go?

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