Effort to Overhaul Banking Laws
Stalls Over Community Lending
By MICHAEL SCHROEDER and JOHN SIMONS
Staff Reporters of THE WALL STREET JOURNAL
WASHINGTON -- The White House rejected a "final" proposal from
congressional negotiators on community-lending provisions, seriously
setting back an effort to conclude a two-decade effort to overhaul
Depression-era banking laws.
Administration negotiators told Republican leaders late Wednesday night
that no agreement had been reached. "No proposal has been put forward
the president can accept," a Treasury spokesman said.
If the administration doesn't give its blessing to a deal, the historic
overhaul
legislation faces a veto. House and Senate negotiators are set to meet
at 2
p.m. Thursday to smooth out differences between versions of the bill
passed by the two chambers, even without an agreement with the
administration.
Earlier Wednesday night, negotiators said
progress had been made in talks with the
administration but conceded significant
differences remained on four provisions in the
bill dealing with banks' compliance with the
1977 Community Reinvestment Act. That law
requires that banks extend credit to low- and
moderate-income neighborhoods.
After trying for more than two decades to
rewrite the Glass-Steagall financial-services
law adopted in the 1930s, the House and
Senate could vote soon to enact a measure
that would eliminate restrictions that have kept banking, insurance and
securities firms from fully entering each others' businesses. But President
Clinton's decision to sign -- or veto -- the measure depends on the
outcome of the negotiations over community lending.
U.S. Treasury Secretary Lawrence Summers met with Senate Banking
Committee Chairman Phil Gramm behind closed doors for more than
seven hours Wednesday, emerging in the early evening only to report that
talks had generated "positive proposals" but that "significant unresolved
issues" remained. Mr. Summers declined to elaborate on the details of
those disagreements.
Mr. Gramm told reporters afterward that he gave Mr. Summers a "final"
proposal on changes to the CRA, but that if the administration signals
a
willingness to compromise he would continue talking.
The Texas Republican scrapped plans to brief the full conference
committee Wednesday night. Still, he expressed hope that a bill could be
completed. "The bottom line is, it is time for us to write a bill," he
said.
The toughest sticking point is whether banks should be required to get
--
and maintain -- a satisfactory lending record.
"While there remain a number of serious issues, the main issue is that
there
has not been a proposal that would prohibit a bank with an unsatisfactory
CRA rating from taking advantage of the new powers provided under the
bill," a Treasury spokesman said.
Some progress was made on Mr. Gramm's wish to lengthen the frequency
of CRA examinations to five years for all rural and other small banks with
less than $250 million in assets. One proposal was that only small banks
with an excellent CRA rating would be examined every five years, instead
of all banks in the category. Banks with satisfactory ratings might be
examined every three or four years.
Another issue involves a new financial business called wholesale financial
institutions, which can only take deposits of more than $100,000. The
administration wants these so-called woofies to be covered by the CRA.
Mr. Gramm also highlighted disagreements with the Clinton administration
over a "sunshine" proposal -- an issue considered irrelevant by almost
every interest group in the wide-ranging debate, but which Mr. Gramm has
made into a central sticking point affecting the future of the American
financial industry.
Mr. Gramm wants banks and community groups to disclose previously
private agreements regarding the CRA. He has complained that the CRA
has led to what he calls a form of extortion. Community groups, which can
delay bank mergers with regulatory challenges, can wield enormous power
over banks with poor histories of lending in underserved communities, he
has said. Because delays on mergers can be expensive, many banks cave
in to the pressure and strike generous deals with the groups, he said.
Because those deals generally are kept private, Mr. Gramm has fought for
a provision that would require community organizations and banks to
reveal them to federal regulators. Mr. Summers argued that the provision
would create a burden for community organizations.
The long-awaited legislation would open the door for a new round of
mergers linking securities firms, commercial banks and insurance
companies. But there already are so many financial-service firms, led by
Citigroup Inc., that have slipped through the cracks that some specialists
say the ultimate impact could be anticlimactic.
Indeed, the $72 billion megamerger last year that created Citigroup and
combined all three types of businesses was completed in anticipation that
the laws separating banking and securities underwriting would be dropped.
Meanwhile, U.S. banks have been able to buy securities firms for more
than two years (though not the other way around).
The new law, for the first time, would pave the way for securities firms
to
buy commercial banks, and for banks to buy insurance companies. Large
financial institutions say the package would be a boon for consumers.
Through more mergers or alliances, these institutions plan to offer
"one-stop financial shopping," as one banker put it, allowing customers
to
bank, invest, apply for loans and credit cards, and insure themselves all
through the same financial institution.
But consumer groups worry that financial institutions would have access
to
far too much information. These groups are concerned with the prospect
of
telemarketing companies calling up during the dinner hour, armed with
extremely detailed information about disposable assets and credit history.
The biggest concern, however, is that customers would end up paying
higher prices. The interstate banking laws of 1994 caused a consolidation
wave in banking that consumer groups say resulted in higher fees on
everything from automated-teller machines to checking accounts. Now, the
fear is that a deal would spur a consolidation wave that concentrates
power even further, allowing an even smaller number of players to drive
up
prices on all financial services.
-- Randall Smith in New York contributed to this article.