Q&A: Sen. Warner Discusses Financial Regulatory Overhaul
October 07 2009 - 2:28PM
Dow Jones News
First-term Sen. Mark Warner, D-Va., has becoming a leading voice
in the Senate on efforts to overhaul regulation of the
financial-services industry.
Along with Sen. Bob Corker, R-Tenn., he's been hosting a series
of bipartisan briefings with top industry and government voices -
Fed Chairman Ben Bernanke was a recent guest - as the Senate
prepares in the coming weeks to roll out its plan to revamp
regulation.
Warner sat down with Dow Jones Newswires on Wednesday to discuss
the issues facing lawmakers. An edited transcript follows:
DJN: You've proposed legislation giving the Federal Deposit
Insurance Corp. the authority to wind down large bank holding
companies. What should the government do about firms such as
American International Group Inc. (AIG)?
Sen. Warner: "The problem is that AIG wasn't a bank holding
company. Yes, a bank holding company authority gets at a lot of the
issues, but what if the next one was a company like GE Capital?
What we're sorting through, is do you leave that authority for
non-depository institutions to a systemic risk council rather than
empowering the Fed with that authority. The systemic risk council
might be the place to identify those financial institutions that
are non-depositories."
DJN: How do you see such a council operating?
Sen. Warner: "My view is at least you'd have an independent
chair, it would have some staffing, it would draw upon information
from each of the prudential regulators. Its sole focus would be to
serve as the tripwire; it wouldn't have safety and soundness, it
wouldn't have monetary policy, it wouldn't have all the normal
day-to-day responsibilities. There might even be systemically risky
actions that aren't simply in a single institution but in
aggregate..."
"The council would have the ability to start putting in place,
whether it be the ability to say 'We need to see a so-called
funeral plan approach of how you would unwind such an institution,'
or it might be larger capital requirements. There's a real
consensus here from everybody - Democrats, Republicans, the Fed -
that nobody wants to hear again the too-big-to-fail moniker. You
can't put an arbitrary cap on size, but you can make increased
capital requirements based on size, based upon the behavior of your
risk products..."
"What we want to avoid in this case is the implicit moral hazard
argument that we're somehow going to shore up these institutions.
Instead, we want to see them into receivership, we want to see them
if they fail be able to have them unwound and put out of business
and have management and equity holders and debt holders bear the
risk."
DJN: Where do you stand on a Consumer Financial Protection
Agency?
Sen. Warner: "There is a real sense that there needs to be
enhanced consumer protections, particularly for the non-regulated
sections of the financial industry. It's an open debate as to
whether that's better served as built into the prudential regulator
or as a stand-alone agency, and there's also a question where you
might have a stand-alone agency to write the rules, but have the
prudential regulators enforce those rules."
DJN: The administration and House and Senate leaders are pushing
for legislation to pass this year. Do you think that will
occur?
Sen. Warner: "There are still timing questions. I don't know
whether it's something, if it's on the president's desk at the end
of this year or early next year..."
"I just don't see how we cannot act. We've just gone through the
worst fiscal crisis in 75 years, we've seen enormous problems with
the regulatory structure, enormous holes, actions that were
irresponsible and in some places criminal, and the industry was for
at least the first six months of the year was acknowledging [the
need for change]..."
"I think the biggest thing you have to fight with some members
is that this stuff is so complicated that sometimes you can just
throw up your hands and default to the status quo. As you start
going down some of these paths like the resolution authority for
non-bank financial institutions - how do you sort it through, how
do you pre-fund it - there are problems at every turn. But you
can't just punt."
- By Michael R. Crittenden, Dow Jones Newswires; 202-862-9273;
michael.crittenden@dowjones.com
(Corey Boles contributed to this article.)