| Published: | Jun 25, 2010 11:08 AM EDT |
| Updated: | Jun 25, 2010 8:11 AM EDT |
WASHINGTON (AP) - One year in the making, a sweeping overhaul of
Wall Street rules forged in the aftermath of a financial crisis
cleared congressional negotiations early Friday and headed to the
House and Senate for final votes.
Lawmakers hope to have a bill on President Barack Obama's desk
by July 4.
Success came at 5:39 a.m., hours after Obama administration
officials helped broker a deal that cracked the last impediment to
the bill - a proposal to force banks to spin off their lucrative
derivatives trading business.
The legislation, the most ambitious rewrite of financial
regulations since the Great Depression, touches on an exhaustive
range of financial transactions, from a debit card swipe at a
supermarket to the most complex securities deals cut in downtown
Manhattan.
Eager to avoid a recurrence of the 2008 financial meltdown,
lawmakers set up a warning system for financial risks, created a
powerful consumer financial protection bureau to police lending,
forced large failing firms to liquidate and set new rules for
financial instruments that have been largely unregulated.
"It took a crisis to bring us to the point where we could
actually get this job done," Senate Banking Committee Chairman
Christopher Dodd said.
In its breadth, the legislation would affect working class
homebuyers negotiating their first mortgage as well as
international finance ministers negotiating international
regulatory regimes.
The bill came together in during a time of high unemployment for
American workers, huge bonuses for bankers and rising antipathy
toward bank bailouts.
"It is reassuring to know that when public opinion gets engaged
it will win," said Rep. Barney Frank, the chairman of the
House-Senate panel that merged House and Senate bills into one
piece of legislation.
House negotiators voted a party line 20-11 in favor of the final
agreement; senators voted 7-5, also along party lines.
Republicans complained the bill overreached and tackled
financial issues that were not responsible for the financial
crisis.
Frank and Dodd set a furious pace for lawmakers in their last
day of talks, pushing them into the late hours to resolve the most
nettlesome differences between the House and Senate.
Their goal, in part, was to equip Obama with a legislative
agreement as he meets with leaders of the Group of 20 nations this
weekend in Toronto.
"Congress has shown that America is ready to lead by example,"
Treasury Secretary Timothy Geithner said.
Shortly after 5 a.m., Rep. Paul Kanjorsky, D-Pa., moved to
officially name the legislation the Dodd-Frank bill. Dodd, who will
retire at the end of this term, jokingly objected before lawmakers
voted unanimously in favor. Aides and administration officials
broke into applause.
While the legislation addressed the causes of the last meltdown
- and more - it left for later any restructuring of the
government-related mortgage giants Fannie Mae and Freddie Mac. Time
and again, Republicans tried to shift the debate to the mortgage
purchasing firms, to no avail.
The government took over Fannie and Freddie in 2008 after they
suffered heavy loan losses in the housing crash. Their collapse has
cost $145 billion and the Obama administration has pledged to cover
unlimited Fannie and Freddie losses through 2012, lifting an
earlier cap of $400 billion.
While many tough provisions in the bill survived, securing the
votes of moderate Democrats in the House and a handful of
Republicans in the Senate meant softening some provisions in the
bill.
Under the bill, banks could lose billions in lucrative trading
business, though negotiators blunted some of the harsher measures
under consideration.
In a blow to Obama, the consumer protection agency would not
regulate auto dealers, even though they assemble loans for millions
of car buyers. Payday lenders and check cashers would be regulated,
but enforcement would be left to states or the Federal Trade
Commission.
To pay for the costs of the bill, negotiators agreed to assess a
fee on banks with assets of more than $50 billion and hedge funds
of more than $10 billion in assets to raise $19 billion over 10
years.
The House-Senate panel numbered 43 total negotiators, though not
all attended at all times.
The final agreement capped an all-night marathon session of
public and private deal making. House Speaker Nancy Pelosi stepped
in to press agreement on one of the final obstacles.
As they worked toward the home stretch early Friday, negotiators
softened a contentious Wall Street restriction that would force
large bank holding companies to spin off their lucrative
derivatives business.
The deal, negotiated between the White House and Sen. Blanche
Lincoln, D-Ark., eliminated one of the last major sticking points.
Congressional leaders were eager to wrap the bill up, with hopes of
getting final House and Senate passage next week.
Derivatives are complex securities often used by corporations to
hedge against market fluctuations. But they also have become
speculative instruments for financial institutions, the most
notorious of which were credit default swaps that hedged against
loan failures.
In the House, moderate Democrats and members of the New York
congressional delegation fought to remove Lincoln's language.
Under the agreement banks would only spin off their riskiest
derivatives trades. Banks get to keep some of their lucrative
business based on trades in derivatives related to interest rates,
foreign changes, gold and silver. They could even arrange credit
default swaps, the notorious instruments blamed for the meltdown,
as long as they were traded through clearing houses. Banks also
would be allowed to trade in derivatives with their own money to
hedge against market fluctuations.
Negotiators also limited the ability of banks to carry out their
own high-risk trades or invest in hedge funds and private equity
funds.
Bank holding companies that have commercial banking operations
would not be permitted to trade in speculative investments. But
negotiators agreed to let bank holding companies invest in hedge
funds and private equity funds, setting an investment limit of no
more than 3 percent of their capital. There are no such conditions
on banks now.
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