House Gives Regulators Incentive Pay Role; Senate Prospects Dim
By Jesse Westbrook and Ian Katz
Aug. 1 (Bloomberg) -- The U.S. House gave regulators the
power to ban Wall Street incentive pay that encourages excessive
risk-taking after banks bailed out by taxpayers paid billions of
dollars in bonuses.
The legislation, passed 237-185 yesterday, authorizes
banking agencies and the Securities and Exchange Commission to
prohibit compensation practices that threaten the sustainability
of financial companies and “could have serious adverse effects
on economic conditions.” The bill must pass the Senate, where
lawmakers oppose aspects of the measure, and be signed by
President Barack Obama to become law.
The bill targets “bonuses that pay off if the gamble or
the risk pays off but don’t lose you anything if it doesn’t,”
said House Financial Services Committee Chairman Barney Frank,
author of the legislation. “There is a wide consensus that this
incentivizes excessive risk.”
Outrage over Wall Street pay was reignited after New York
Attorney General Andrew Cuomo reported July 30 that nine banks
getting U.S. aid paid $32.6 billion in bonuses last year.
Cuomo’s report showed the nine companies paid 4,793 employees
bonuses that exceeded $1 million last year.
In addition to targeting incentive pay, the House measure
requires all public companies to give shareholders a non-binding
vote on top managers’ compensation.
Representative Spencer Bachus, an Alabama Republican,
criticized the measure and questioned whether it makes sense to
give more power to regulators that “failed to prevent the worst
financial calamity since the Great Depression.”
“Under the guise of empowering shareholders it is in fact
the government that is empowered,” he said.
Senate, Obama
The legislation got a cool reception from senators and the
Obama administration. White House press secretary Robert Gibbs,
told reporters this week the administration is concerned the
measure may give regulators too much authority over incentive
pay. Obama has endorsed giving shareholders a vote on
compensation.
“We are not in this case taking orders from the Obama
administration,” said Frank, a Massachusetts Democrat.
The portion of the bill affecting incentive pay would cover
every U.S. financial institution with at least $1 billion of
assets. In addition to banks, credit unions and other companies,
it may also cover hedge funds.
The Senate wouldn’t take up the measure until it returns
from its recess, which begins Aug. 10 and ends Sept. 7.
U.S. Senator Jon Tester, a Montana Democrat, said he would
“go in a different direction” than the House.
“I would empower the board of directors to do the job the
shareholders directed them to do rather than making the
determination at this level whether incentives were good or bad
or appropriate,” Tester said in an interview before Cuomo
released his report.
Tester conceded that boards haven’t adequately used their
authority over management to rein in excessive pay.
To contact the reporters on this story:
Jesse Westbrook in Washington at
jwestbrook1@bloomberg.net;
Ian Katz in Washington at
ikatz2@bloomberg.net.
Last Updated: August 1, 2009 00:01 EDT