Massive Financial Reform Passes US Congress

Tani Coyote

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http://www.bbc.co.uk/news/business-10654128

The US Senate has given final approval to the biggest overhaul of American financial regulation in decades.

The reforms are intended to avert a repeat of the 2008 crisis that brought the world economy to the brink of collapse.

The Senate vote is a major victory for President Barack Obama and comes after months of political wrangling.

Speaking afterwards, Mr Obama said the new regulation would give the strongest consumer protection in history.

He said the American people would never again be asked to foot the bill for Wall Street's mistakes.

Senators approved the reform bill by 60 votes to 39. It was passed by the US House of Representatives earlier this month.

The reforms are designed to reduce the risks that banks take and to boost protection for consumers. They include new government powers to break up any company that becomes so big its failure could threaten the economy.

Mr Obama said it would bring an end to "shadowy deals".

"Even before the financial crisis that led to this recession, I spoke on Wall Street about the need for common sense reforms to protect consumers and our economy as a whole," he said.

"But the crisis came, and only underscored the need for the kind of reform that the Senate passed today. The kind of reform that will protect consumers when they take out a mortgage or sign up for a credit card, reform that will prevent the kind of shadowy deals that led to this crisis, reform that would never again put taxpayers on the hook for Wall Street's mistakes."

Moments after the vote, Federal Reserve chairman Ben Bernanke said: "The financial reform legislation approved by the Congress today represents a welcome and far-reaching step toward preventing a replay of the recent financial crisis."

Consumer protection

The legislation has been described by US Treasury Secretary Tim Geithner as "the most sweeping set of financial reforms since those that followed the Great Depression".

The legislation creates a new federal agency designed to oversee consumer lending and outlines new regulations for complex financial instruments.

To this end, it will set up a powerful consumer financial protection bureau, with powers to clamp down on abusive practices by credit card companies and mortgage lenders.

Large banks will also be required to increase the amount of capital they hold in reserve against loans going bad.

However, they will only be forced to do so after five years, as the government is keen that banks do not hold back on lending money during the economic recovery.

The bill also introduces the so-called Volcker rule - named after the former Federal Reserve chairman Paul Volcker, who proposed it.

Banks will be banned from what is called proprietary trading - effectively taking bets on financial markets using its own money.

They will also be limited to investing a maximum of 3% of their capital in speculative businesses such as hedge funds or private equity funds.

Good idea? Bad idea?

Could Obama become the new TR with his bank-busting powers?

From what I've heard, this is a good idea, as it forces the banks to make responsible investments and prevent excessive gambling with the market; many say that is what caused the recession to begin with. Overall, he has done a good job on this one, making banks be responsible to the economy.

Considering the importance of banks to the market as a whole... special regulations for them do make sense.

Your thoughts on this?
 
These reforms sound good, but the article doesn't tell us what they are. Could you link to something listing what the reforms are, not just what the effects should be?
 
From what I understand, it's a whole lot of 'fighting the last war'. Not that there's anything wrong with that, given that the recent recession was/is on par with that of the early 1980s.

Spoiler :

(1) I'm glad we have a thread on this. Real comments to come soonish. I'm a monetary policy wonk, not a finance wonk, so I can't just shoot from the hip here.
(2) I preemptively agree with whatever Whomp says, as he's actually *in* finance, unlike the rest of us. Same general comment towards Mise if he makes an appearance.
(3) Just for fun, I preemptively disagree with JH on a minor technical point and Cutlass on an unrelated minor technical point.



edit:
The legislation creates a new federal agency designed to oversee consumer lending and outlines new regulations for complex financial instruments.
Oh this can only end well...
 
These reforms sound good, but the article doesn't tell us what they are. Could you link to something listing what the reforms are, not just what the effects should be?

Umm... what? :confused:

The article describes the reforms just fine:

1. Increasing the amount banks must hold in reserve.
2. Banning and restricting banks' activities that involve gambling and playing with the market, investments included.
3. Tightening restrictions on lenders everywhere.

Of course, you could mean the exact regulations that will be set up by the new agencies/boards, but those would probably be found on a government website.

Good luck finding that site, however, as the article doesn't seem to mention what the new agency is even named.
 
Trivial financial reform passed. :p Congress doesn't know how to do massive reform any longer.
 
Thanks Integral. =) Minor point is that I write for personal finance blogs and run a personal finance education program. :p

My application to the new organization has already been sent. I smell opportunity!

My comments I like nudges versus mandates.

It is late and I am tired.

I'm happy with the financial protection agency idea. I hope its implemented right. I've worked on a few mortgage cases, so I understand what's going on there. There is room to improve oversight there and improve consumer information.

The larger reserve requirements will slow bank growth down. The tradeoff is hoped to be stability. Keyword : Hoped. I don't know enough to know if this is justified.

Unhappy that the Volcker Rule was watered down, but I understand why and I'm glad something like it is in.

I don't think it changed the Fed much. Mildly disappointed in it.

Needed more nudge.
 
IMHO, all we Americans need to do is save more money and learn to be frugal, problem solved.
 
IMHO, all we Americans need to do is save more money and learn to be frugal, problem solved.

Well yeah, but that'll never happen. :p

Talking to adolescents my age, I'd say that social positions are sometimes justified; I know far too many people with no motivation to finish school(or even work hard to try and compensate) or any incentive to save. I've told many people my age the benefits of saving in the long-term, and their response: "I want to spend it now."

Well, if they wanna be a failure, good. They can be one if they so wish. They just better not demand I pay for their mistakes. Otherwise there will be some problems.

How to best enact discipline? I'd say the family unit. But how do you get families to enact discipline? Some parents just honestly don't give a crap about teaching their kids the right ideas.
 
Yay, more gigantic bills barely any representatives read, have any idea what it actually does, and most likely is just more special interests getting craps, hurray reform!
 
Thanks Integral. =) Minor point is that I write for personal finance blogs and run a personal finance education program. :p

My application to the new organization has already been sent. I smell opportunity!

My comments I like nudges versus mandates.

It is late and I am tired.
Let me bounce off this if you don't mind. :)
I'm happy with the financial protection agency idea. I hope its implemented right. I've worked on a few mortgage cases, so I understand what's going on there. There is room to improve oversight there and improve consumer information.
This is your playground, not mine, so I'll limit my comments to the note that mortgage transactions are typically the largest single financial transaction that a household makes. In addition, it tends to be complex; the computational and intellectual burden placed on the household is enormous. There's probably room there for regulations and guidelines that would ease that computational burden. Translation: yeah, you're right.

The larger reserve requirements will slow bank growth down. The tradeoff is hoped to be stability. Keyword : Hoped. I don't know enough to know if this is justified.
Something I know something about! Finally. I think the change in how we deal with leverage in large financial firms was long overdue (see: Basel II -> Basel III).

Many other civilized nations have abolished reserve requirements altogether. I don't think we can go there, and indeed I think such a move would be a Bad Idea given that the relationship between the Fed and our large banks/quasi-banks is fundamentally different from the relationship between, say, the Bank of Canada and Canada's largest financial institutions. Given the way the Fed and FDIC deal with banks, larger capital/reserve requirements probably err on the side of caution. (In addition, given that in the current environment most banks are holding excess reserves at the Fed, such a measure would not necessarily be contractionary.)


Unhappy that the Volcker Rule was watered down, but I understand why and I'm glad something like it is in.
I really need to read up on this. Everyone's throwing the term around and I haven't gotten around to actually figuring out what it would imply.

I don't think it changed the Fed much. Mildly disappointed in it.
the Fed's going through a bit of a soul-searching period right now anyway. Rumor has it that Chairman Bernanke is facing an uphill battle against the regional Fed presidents on the role of the Fed and monetary policy when short-term rates are at 0. There is tentative support to the notion that the Chairman is willing to attempt additional monetary stimulus, but is unable to since he doesn't have the votes to get such measures through the FOMC. (Note to the President: you could help by filling the two vacant FOMC seats! This is an Easy Way to get more stimulus, hinthint. You clearly want more stimulus, but it's guaranteed that you aren't going to get more of it through Congress. I suggest you check out the guy with the helicopter, I think he's on to something.)

I certainly wouldn't want to rock that boat right now. There are enough internal problems as it is.


--


It means I'll agree with you in general but probably disagree on something minor. ;) It's happened before.

We will then commence to discuss investment and capital gains taxes for three pages. :mischief:
 
Trivial financial reform passed. :p Congress doesn't know how to do massive reform any longer.
That's what I was going to say. To be honest, this pales in comparison to the New Deal. The reforms listed in the article are too generic and vague to be able to tell if this will actually solve anything.
 
The long (2,300 pages? Really?) and short of it (it misses on so many important points) is this was poorly constructed and really an insult to our intelligence. It will have to be revamped many times over since its shortcomings are legion and it adds regulations and rules about many activities that had little or nothing to do with the crisis.

A few examples...
  • Fannie/Freddie. They are not even mentioned.

  • Investment Advisors would have to manage assets of $100 million or more to be federally regulated (up from $30 million level today). The change would shift some of the oversight for small firms from the SEC to the states. Umm...weren't mortgage brokers regulated by the states?

  • The Financial Stability Oversight Council. That's rich. Given that regulators were reluctant to use their power they already had. It seems highly unlikely that this Council will act decisively prior to the emergence of a crisis, especially when a two thirds majority is required.

  • Consumer Protection Agency The problem is that the oversight council housed in the Treasury has the ability to veto any actions the agency takes, and this council may not be willing to grant the agency the freedom it needs. Another toothless agency.
I could name another dozen issues but I'm not sure it's worthwhile discussing.

One positive is we eliminated the Office of Thrift Supervision.
 
Lolwut? You'll amend it 10 times in the next five years.
The real reform you need to do is education: teach your kids about the dangers of oveerspending and try to give them a basic grasp on economics so that they find out what the cost of being a superpower is.
And stop the fundamentalist pseudo-religious anti-socialist, anti-everything crap going on across much of the country. Seriously.
 
IMHO, all we Americans need to do is save more money and learn to be frugal, problem solved.

Aye, but don't forget about the paradox of thrift! Being frugal and thrifty can actually go a long way to further ruining an economy, which is one of the first things you learn in any macroeconomics class!
 
Whomp said:
The long (2,300 pages? Really?) and short of it (it misses on so many important points) is this was poorly constructed and really an insult to our intelligence. It will have to be revamped many times over since its shortcomings are legion and it adds regulations and rules about many activities that had little or nothing to do with the crisis.

Yeah, this. I get the impression that its embraced every failed policy initiative that couldn't get traction going back a good decade or two. I just don't see how this could be construed as anything but a failure of the whole American political system.
 
How? By being a completely partisan politician or an absurdly credulous voter.
Between those two sectors you get a VERY large percentage of the U.S. electorate.
 
To address the length of the bill (how laws are written is something I know about), it's written like a bill. Bills aren't written in prose like novels, they're all parts and sub-parts and numbered outlines, amending existing laws and adding new stuff. The more laws there are, the longer bills have to be (to amend all the relevant existing statutes). The length of a bill isn't indicative of anything really -- it's just the bureaucracy expanding to meet the needs of the expanding bureaucracy.

Regarding the substance of the bill, I have absolutely no faith in our political system to address anything meaningful anymore. As Whomp pointed out, regulators totally failed, so the answer they come up with: let's make more regulatory agencies! And I'll bet dollars to donuts that the new agencies will be filled with the same type of people that were "regulating" before.* In fact, I'll bet that they'll be filled with a non-trivial number of the exact same people. In 2010 America, if you reach a certain level of influence, there is simply no penalty for failure. Edit: additionally, there is no reward for competence.

Cleo

*As goes the story from the pre-crisis era: if a regulator came into a bank and could actually figure out the financial alchemy they were attempting to perform, they would simply offer him a job.
 
'Bureaucracy expanding to meet the needs of the expanding bureaucracy'. I like the sound of that.
 
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