本帖最后由 谦行天下 于 2010-5-22 09:18 编辑
10-1【学习】 Financial reform
Almost there
The Senate votes for financial reform, but some important issues remain unresolved
May 21st 2010 | NEW YORK AND WASHINGTON, DC | From The Economist online
FINANCIAL reform is coming to America. On May 20th, after more than three weeks of often rancorous(怀恶意的) debate, the Senate approved the biggest overhaul(大检查) of the financial system since the Great Depression, by 59 votes to 39. Its bill must now be reconciled with(与……和解) one passed by the House of Representatives in December. The result will be Barack Obama’s second big legislative victory of the year, after the passage of health-care reform in March.
Tim Geithner, Mr Obama’s treasury secretary, praised Chris Dodd and Harry Reid, the Democratic senators who steered the 1,500-page Restoring American Financial Stability Act to a successful vote, for their “tremendous(极棒的) leadership”. The administration has reason to be pleased, since the bill largely mirrors the reform blueprint(新颖的用法!) it had been pushing.
steer..... to a successful vote
As with most bills, this one has its share of pork and irrelevant provisions(粮), including one requiring buyers of Congolese(刚果) minerals to prove that the money they hand over is not being used to fund militant(激进的) groups. But there is much meat at its heart. The bill would beef up(???) the system for monitoring systemic risks. It would empower the Federal Deposit Insurance Corporation to wind down failing financial giants, imposing losses on creditors(强加给债主损失) as well as shareholders. It would create an independent consumer financial-protection bureau. And it would toughen up(使强壮) oversight(疏忽) of derivatives(派生物), requiring most contracts to be channelled through clearing houses and traded on exchanges or exchange-like platforms.
//此段讲新上台的政策使房子交易市场正规化
Could this bill have prevented the crisis? Not by itself. Some of the most important reforms are outside its purview(超出范围). Toughened-up capital(资金) and liquidity(资产流动性) standards for banks will be hammered out by(被解决) regulators from around the world in Basel. The Obama administration’s proposed tax on big banks will likely be advanced in different legislation. One glaring(耀眼的) omission from the Senate and House bills is a plan to deal with Fannie Mae and Freddie Mac, the giant, accident-prone mortgage agencies now under government conservatorship(公共福利的监督官).
//此段讲这个bill起作用的方式是通过其他的一些方式来进行的。
The most important component aimed at preventing another crisis is “resolution authority”, under which any big financial company, not just a bank, can be seized and wound down in an orderly way. Lack of such authority led to the shambolic(混乱的) failure of Lehman Brothers and the controversial bail-out of AIG. To win Republican support, however, Mr Dodd made the process so harsh for unsecured creditors that they might flee if they sense panic building—forcing the authorities, again, to use ad-hoc(特别) measures. Left unanswered is how bail-outs will be paid for. The House version of the bill requires banks to chip in to a $150 billion up-front fund. The Senate bill envisages (设想)the costs being recoup(重获)ed afterwards, another concession to Republicans.
//此段讲对大经济公司的严厉打击
The new consumer-protection bureau should help to close the gap between well-regulated banks and poorly regulated mortgage brokers and finance companies, which led the race to the bottom in loan-underwriting(借款保险业) standards. But many firms, most significantly small banks, are exempted(赦免) from its authority. And the industry gripe(抱怨)s that there is remarkably little independent oversight of the bureau, should it run amok with(横行于) new regulations that stifle(使窒息) legitimate products. The Senate bill puts the bureau inside the Federal Reserve, though it gives the Fed little say in its direction; in the House version, the bureau stands alone.
//bureau一些作用独立于系统之外
Surprisingly, given the depth of congressional(国会) animosity(憎恨) towards it, the Fed emerges as a big winner. It keeps all its existing bank-supervision powers (except for consumer protection) and gets new ones over systemically important non-banks. In a crucial victory, the Fed and the White House fought off a provision that would have allowed intrusive congressional audits of the central bank’s most delicate monetary-policy decisions. However, such a provision remains in the House version of the bill.
//新bill上台以后,Fed会从国会那获得更大的经济掌控权
As for Wall Street(华尔街) itself, the outcome is worse than initially expected but better than it might have been—though uncertainties remain. Bankers had hoped that the bill emerging from the Senate-usually the more measured of the two chambers-would be more bank-friendly than the House version. But a flurry(骤雨) of draconian(严厉的) amendments was offered in recent weeks amid a surge in anti-bank sentiment(见解) (fuelled by fraud charges against Goldman Sachs) and political populism(平民主义) in the run-up to congressional primaries. Among those approved was one requiring the Fed to regulate debit-card fees, another setting minimum mortgage-underwriting standards (and banning no-documentation “liar loans”) and a third requiring credit ratings of asset-backed securities to be assigned by a board within the Securities and Exchange Commission. But a proposal to cap banks’ maximum size was defeated, as was one that would have placed restrictions on credit-card interest rates.
//尽管新bill的上台更有利于bank,但是一场修订案的出台,使形式发生变化。
But some of banks’ biggest worries remain unresolved. They are resigned to(托付给) accept some form of the “Volcker rule”, which would restrict their proprietary trading and investment in hedge funds and private equity. A particularly tough version of the rule was rejected just before the Senate vote, but its authors hold out hope that it can be inserted during the weaving-together of the House and Senate bills. The Volcker rule and other looming(隐约出现的) restrictions could collectively cut large banks’ profits by as much as 15-20% (not counting returned capital from shed businesses), reckon analysts at Morgan Stanley.
//同时Volcker rull和其他的限制政策会使银行的利益减少15%以上。
Wall Street’s biggest concern is a provision banning deposit-takers from trading credit-default(违约) swaps, interest-rate swaps and the like. Introduced by the head of the Senate Agriculture Committee some weeks ago, it was expected that this would fall by the wayside during debate. But it proved stubbornly persistent, making it into the bill as passed. Ostensibly(表面上) aimed at raising a firewall between run-of-the-mill(普通的;好词!) retail banking(小额银行业务) and “casino” activities, such a prohibition would hinder risk management as well as speculation, banks argue.
//华尔街最大的忧虑是……。(专业词汇不是很理解啊!)
All eyes will now be on the “conference” process that will likely be used to iron(熨平) out differences between(好短语!) the two bills over the next week or two. This will provide one last lobbying opportunity to Wall Street, which has already spent hundreds of millions trying to influence lawmakers, to the president’s chagrin. Banks will focus much of their effort on reversing the swap-dealing ban (which is also opposed by their regulators). Where the two chambers differ, the Senate prevails as a rule—though Barney Frank, the architect of the House bill, has said he will fight to preserve some of his provisions. Once Mr Obama signs the law, many of its vaguer provisions will have to be fleshed out(充实,有血有肉) by financial regulators, a process that could take many months. There are plenty of ambiguities to be tackled, for instance the bills’ loose definition of “swap” and “major swap participant”.
//两家议案的不同会在两周之内达到一个定论。
After the Senate bill was passed, Mr Obama pledged to “ensure that we arrive at a final product that…secures financial stability while preserving the strengths and crucial functions of a financial industry that is central to our prosperity and ability to compete in a global economy.” That remains to be seen. If the history of financial legislation is a guide—just think Sarbanes-Oxley—the new law will have more than a few unintended consequences. For now, though, the White House can revel in(得益于) a political triumph that a year ago seemed to many to be beyond reach.
//奥巴马表示议案通过以后的作用,但是作者对此持观望的看法。
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