http://www.marketwatch.com/story/lawmakers-cap-leverage-for-big-institutions-2009-11-19-10800?siteid=YAHOOBWASHINGTON (MarketWatch) -- The nation's biggest banks would be hit with a raft of new fees and restrictions under far-reaching 'too-big-to-fail' bank legislation set to be approved by a key congressional committee.
After the approval of dozens of amendments, the legislation now awaits only the last step of the final passage of the entire bill, which is set for Dec. 1. The committee had scheduled a final vote for Thursday, but delayed it at the last minute at the request of members of the Congressional Black Caucus.
The huge financial regulatory reform legislation, being drafted by the House Financial Services Committee, also imposes a wide variety of new restrictions on the Federal Reserve, including a new powerful measure that would permit an audit of the Fed's balance sheet. See complete Fed audit story.
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The legislation puts a limit on the allowed leverage of large financial institutions and requires big banks to pay fees to create a $150 billion fund so that a major failure wouldn't unsettle the markets. The biggest banks would also be required to pay steeper fees into a separate deposit insurance fund, according to the legislation.
"This will conclusively end too-big-to-fail and will force the financial industry to clean up any mess they make," said Rep. Luis Gutierrez, D-Ill.
Containing the damage
The $150 billion fund would be used to make payouts to the creditors and counterparties of a failed big bank so that its collapse would not lead to other failures as well, unsettling the financial markets.
How big banks will be affected by bill
* Big banks would pay into $150 billion fund to be used to cushion failure of a big bank.
* Big banks would pay more for deposit insurance.
* Leverage would be capped at 15 to 1.
* Fed would be audited by Congress.
* Fed lending would be capped at $4 trillion.
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The $150 billion fund's administrator, the Federal Deposit Insurance Corp., would have authority to borrow $50 billion more from Treasury after gaining approval from Congress in an emergency.
The White House had sought to have taxpayer funds be used upfront to unwind a failed institution, with costs recouped from the financial industry afterwards.
Republican lawmakers opposed the resolution fund, arguing that it would still result in additional costs to taxpayers after the fund was depleted.
"No matter how you impose assessments on institutions, you are still creating a bailout fund," said Rep. Spencer Bachus, R-Ala., the committee's ranking member.
"Pre-funding the fund would lead to more bailouts because the fund would be sitting and available to be used," said Rep. Jeb Hensarling, R-Texas. "If you build it they will come, it will create an expectation that the fund would be used."
The Senate Banking Committee also began considering bank regulatory reform legislation Thursday. Considerations will continue through December and into 2010.
Who pays?
Banks with assets more than $50 billion and hedge funds with more then $10 billion in assets would pay fees to fund the pool of capital that could be used to unravel a failed super-sized company. Roughly 20 or 25 institutions would fall in that category. In addition, hedge funds with $10 billion or more in assets, would be required to pay into the fund.
"It is important to me not to let the hedge funds off the hook," said Rep. Barney Frank, D-Mass., the committee chairman. "They contributed to financial instability and some of these institutions did participate in one of the most destabilizing things, which is subprime lending."
Each institution would be assessed based on their size, interconnectedness and general riskiness.
Leverage limits
The lawmakers also capped the debt-to-equity leverage at banks at 15 to 1. "Leverage was a key contributor to the financial crisis," said Rep. Jackie Speier, D-Calif.
"I know the amendment addresses excessive leverage which we're all concerned about," said Bachus, the ranking Republican, who voted against the leverage limits. "Although we're capital starved right now, leverage creates jobs, but also produces risk."
Big banks to pay more into deposit insurance fund
The committee approved an amendment that would require big banks pay more into the Federal Deposit Insurance Corp.'s deposit insurance fund than smaller banks. The FDIC collects fees from commercial banks to insure depositors of a failed bank. So far in 2009, 123 banks have failed.
"By basing the assessment on assets instead of deposits this amendment takes into account the true risk," Gutierrez said. "It would reduce the assessments on 98% of banks, assuring that $4.5 billion will be kept in community banks to lend to manufacturers, service sector and consumers."
Fed limitations
In addition, lawmakers approved various measures limiting the power of the Federal Reserve. The Fed's lender-of-last-resort authority would be limited to $4 trillion.
"It's good to tell the American people that, while the lender-of-last-resort's authority is enormous, it is limited," said Rep. Brad Sherman, D-Calif.
Lawmakers also signed off on a Sherman amendment to require that the Fed assures that there is a 99% likelihood that all funds it lends will be repaid. The Fed can lend only to solvent institutions.
Before lending to a bank in an emergency, the Fed would have to first gain approval from the council of regulators, which would be created under another bill already approved by the committee.
The council is group of banking and securities regulators that will monitor financial markets and determine if a company is so large and interconnected that it should be considered a large systemically important company subject to the special fees and restrictions. The council would also determine if such a company had failed and needed to be dismantled in an orderly way.
The Fed could still provide liquidity to solvent financial institutions to prop them up in the event of a financial crisis. However, instead of individual injections, solvent institutions that are "adequately collateralized" could borrow from a Fed liquidity facility.
The Fed would also be capped in its ability to make guarantees on financial assets to $500 billion at any one time.
WELL, WE SHALL SEE...