April 23 (Bloomberg) -- Senate Democrats and Republicans
say a deal on legislation to rewrite the rules of U.S. finance
may be within reach. If they succeed, they'll be only halfway
home.
Senate and House negotiators would then have to resolve
differences between their versions of the overhaul on issues
ranging from the power of the Federal Reserve to a new consumer
protection agency to derivatives regulation.
The Senate plans to hold a test vote on April 26 on a bill
offered by Banking Committee Chairman Christopher Dodd, a
Connecticut Democrat who said yesterday he will 'conceivably'
have a deal with Republicans by then. The House bill, written by
Financial Services Committee Chairman Barney Frank, a
Massachusetts Democrat, was approved in December.
Dodd and Frank 'will bridge the gap between whatever comes
out of the Senate and the House,' said Gilbert Schwartz, a
former attorney for the Fed and a partner at the law firm
Schwartz & Ballen LLP in Washington. 'It's probably less
important to one side or the other side to have its way than to
have this legislation in place in the near future. Their view is
that the country needs it and they want to deliver it.'
The legislation is aimed at adopting President Barack
Obama's proposal to redesign Wall Street regulations following
the financial crisis that led to $700 billion in taxpayer-funded
aid to banks including Citigroup Inc. and Bank of America Corp.
Tracking Obama's Plan
Frank's bill tracks closer to the Obama proposal because
Dodd, 65, has had to make more concessions to Republicans in the
Senate, where Democrats lack the 60-vote supermajority needed to
pass major legislation.
Dodd's measure incorporates Obama's proposal to ban
proprietary trading at U.S. banks, named the Volcker rule after
former Fed Chairman Paul Volcker, who's advising the president.
The administration didn't propose the Volcker rule until
after the House passed its bill. That bill empowers the Fed to
ban proprietary trading at a financial holding company only if
the central bank determines the activity poses a threat to the
safety and soundness of the company or to U.S. financial
stability.
'We're at about the right spot on the Volcker rule,' Dodd
told reporters yesterday. His legislation calls for a study on
how the ban should be applied, which will provide
'flexibility' in imposing the rule, Dodd said.
Consumer Agency
The bill offered by Frank, 70, also creates a standalone
Consumer Financial Protection Agency proposed by Obama. Dodd's
measure would set up a consumer protection bureau at the Fed, in
response to Republican opposition to a standalone agency.
Both bills exempt lenders with less than $10 billion in
assets from examination by the agency. While the consumer bureau
would set rules for the smaller banks, their primary regulator
would examine them for compliance and crack down on violations.
The House legislation keeps intact the Fed's oversight
powers.
The Senate legislation would shrink the central bank's
jurisdiction to the 36 banks with more than $50 billion in
assets, including Goldman Sachs Group Inc. and Morgan Stanley.
Oversight of smaller banks now supervised by the Fed would move
to the Federal Deposit Insurance Corp. and the Office of the
Comptroller of the Currency.
The Fed has been urging senators to remove that language
from the bill, saying the central bank needs an overview of the
entire system to set monetary policy.
Seeing Big Picture
Senator Kay Bailey Hutchison, a Texas Republican, said
April 21 that she would offer an amendment to retain the Fed's
power over small banks.
'The reason we have regional Fed banks is so that our
whole country and the body of information that we get from our
small businesses and our Main Street banks is a part of our
monetary policy setting,' Hutchison, 66, told reporters.
Dodd and Frank's staff have met since the Senate Banking
Committee approved the Dodd bill in March, and are waiting until
the Senate approves its bill to begin working out differences,
Frank spokesman Steve Adamske said.
One key difference is over derivatives. The Senate
Agriculture Committee on April 21 approved legislation by
Senator Blanche Lincoln, the committee chairman and an Arkansas
Democrat, that would require lenders such as JPMorgan Chase &
Co. to spin off swaps-trading desks.
The main gaps between the Lincoln and Frank plans are a
mandatory clearing requirement and the ability of regulators to
impose capital requirements on end-users. The Lincoln bill also
requires that cleared derivatives be executed on an exchange.
Industry Fund
Another difference is the size of an industry fund the
government would use to liquidate firms. The House bill creates
a $150 billion fund while the Senate bill sets up $50 billion in
reserves. Republicans say that would institutionalize bank
bailouts. Dodd has said he's willing to consider alternatives.
The Senate bill's details are likely to change as Dodd and
Alabama Senator Richard Shelby, the banking panel's top
Republican, seek a compromise. No Republican has pledged to
support the bill.
Dodd said yesterday that he and Shelby, 75, may have an
agreement by April 26, when the Senate is scheduled to hold a
procedural vote to force the start of debate.