The push for a new federal agency for consumer financial protection
faces major obstacles, even as senators on Thursday resumed bipartisan
negotiations.
Senate Banking Committee Chairman Chris Dodd (D-Conn.) announced new
negotiations with freshman Republican Sen. Bob Corker (R-Tenn.) after a
previous round of bipartisan talks had collapsed. Dodd had reached an
"impasse" with the top Republican on the panel, Sen. Richard Shelby
(Ala.), particularly over a proposed Consumer Financial Protection
Agency (CFPA) to regulate products such as home loans and credit
cards.
Corker said in an interview that he opposes a fully standalone agency
that is backed by President Barack Obama and supported by the House in a
December vote.
"For Republicans, including me, a free-standing agency is a nonstarter,"
Corker said in the interview. "Obviously consumer protection needs to be
addressed and addressed in a balanced way."
Dodd and Corker are starting negotiations on some of the less
contentious aspects of the overhaul package. The administration proposed
a wide-ranging package of changes to how the financial industry is
structured, including new rules on the multi-trillion dollar derivatives
market and a new system to dissolve failing financial firms.
The administration and lawmakers have been debating ways to avoid future
taxpayer-funded bailouts and situations where companies become "too big
to fail."
Corker and Sen. Mark Warner (D-Va.) have discussed a stronger bankruptcy
code as the default method for dealing with firms whose failure
threatens the broader financial system. The House-passed bill includes a
fund, paid for by the financial industry, that could be tapped in the
event that a firm needs to be taken over and dissolved by the
government.
Corker said that on several of the issues Democrats and Republicans are
not that far apart.
But the consumer protection issue remains the thorniest aspect of the
debate. Dodd and Shelby had discussed creating a consumer financial
protection division rather than a fully independent agency, financial
lobbyists said. The two senators disagreed on the extent of that
division's power to write rules over the financial industry.
House Democrats and consumer advocacy groups are ramping up their calls
on Dodd to support the new agency.
Republicans and major parts of the financial industry prefer leaving
consumer protection responsibilities with the regulators that oversee
the safety and soundness of banks. The CFPA proposal would pool those
responsibilities into a new agency.
Dodd last week criticized the administration for introducing several new
proposals aimed at big banks that he said threatened to stall
negotiations. The administration came out in support of a new fee on the
largest financial institutions to recoup roughly $90 billion in taxpayer
money for the bailout. The administration, at the urging of Paul
Volcker, the former Fed chairman and Obama adviser, also proposed new
restrictions on the size and scope of big banks.
The "Volcker rule" would prohibit commercial banks from having
proprietary trading businesses.
Corker said he did not believe the Volcker rule or the fee proposal
would dominate the new negotiations.
"My guess is the Volcker rule as put forth probably will not be a major
topic of discussion," Corker said. "To be candid, I don't think we've
had a discussion in the committee, and I've never had a discussion
personally with Chairman Dodd about the fee issue," he added.