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An independent group Tuesday called on Congress to make the Federal Reserve the nation's super-regulator to monitor systemic risk across the financial services industry, rejecting a competing proposal that would share the duties within a council made up of different federal regulators.

The Committee on Capital Markets Regulation argued such authority should be vested with the central bank because it would ensure there would be clear accountability and authority to act to prevent a collapse of a major firm that could imperil the U.S. economy. A council approach would be inefficient, indecisive and compromising, the panel added. "We feel that is just continuing the problems of the past," said Hal Scott, a Harvard University law professor who served as committee director. "If everybody is responsible, then nobody is responsible."

The federal government has acted on an ad-hoc basis to intervene in cases to prevent the collapse of Bear Stearns, Fannie Mae and Freddie Mac, with the Fed and the Treasury Department playing a leading role.


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But lawmakers appear reluctant to vest the central bank with expanded authority. Some liberals cite its past lack of consumer protection to prevent predatory mortgages, while conservatives say it would take away from its main role to set monetary policy.

But the committee hopes its recommendations will have some sway on Capitol Hill, given that its members represent an array of business, academic and regulatory communities.

They include Glenn Hubbard, chairman of the Council of Economic Advisers under former President George W. Bush; John Thornton, chairman of Brooking; and Wilbur L. Ross Jr., chairman of WL Ross & Co.

The panel also called for greater regulation of the derivatives market, requiring that most over-the-counter trades be made through a clearinghouse system that has reporting requirements.

The call for greater regulation comes in response to the credit-default swap crisis that led to the downfall of American International Group Inc. after the company overleveraged its bets on the market.

Hubbard said the committee's position could be viewed as a stronger regulatory response than the Obama plan pushed by Treasury Secretary Timothy Geithner. "He's used the word 'encouraged' while we have used the word 'required.' It is definitely a similar theme," Hubbard said.

Scott noted the panel also called for a more robust overhaul of how the government takes over nonbanks such as AIG. The Treasury Department has proposed an FDIC-like entity that could take over such nonbanks, even though such companies are not designated in advance as "too big too fail."

The panel recommends that lawmakers spell out that all financial companies and their holding companies would be covered. "I think the Geithner proposal has the problem of identifying in advance systemically important institutions, or if they don't identify, confusing people to what insolvency regime will actually be applicable to a particular institution," Scott said.

The panel also called for confidential reporting for hedge funds and new capital standards for banks, allowing higher standards for boom times and looser standards during bear markets.

COMMENTS

  • Regarding the pension plan mess at OPM, Legislation without implementation is useless. After all the laws already passed by Congress no one Agency will step up to the plate and enforce those laws. And Congress has a responsibility of oversight of the laws they themselves lobbied and passed. Yet, if your Congressman or Senator in your particular district did not participate in drafting of these protectionary laws and with no oversight, OPM can literally run rings around that Congressman staff. They are forced to accept the word of the sloppy worker who made the erroneous decision to cover their backends in the first place. Yes there is a definite air of corruption over at OPM when it comes to the pension plan rights of former spouses. And I agree that this is one of those "dirty little secrets" of the current administration that Berry had better get involved and handle no matter if inherited or not. Anything short of demanding the rights of these poor old women be protected will cause a downfall of him and the irresponsible employees breaching their fiduciary duties will threaten the entire Agency.
  • Ketter, your rantings and ravngs just show your limited exposure and experience. Are there lazy undeserving federal employees, absolutely but most are hard working individuals who don't spend their lives whining about subjects of which they have little expeience. If you are not a fed then you have no right to make generalized comments such as these. If you are a fed, you need to find another line of work because the rest of the workforce doesn't need someone with your attitude.
  • These academics must be on something!!! They are expecting CS to be held accountable, hell that's why they work in the government no accountability great pay and benefits