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Obama Signs Broad Financial Overhaul Into Law

by: Kevin G. Hall   |  McClatchy Newspapers | Report

Washington - With a broad smile and the stroke of a pen, President Barack Obama capped a contentious 18-month struggle and signed into law Wednesday the broadest revamp of financial regulation since the Great Depression.

"Passing this bill was no easy task. To get there we had to overcome the furious lobbying of an array of powerful interest groups and a partisan minority determined to block change," Obama said in a pre-signing speech, surround by cheering congressional leaders and administration members.

Alternating between hitting Wall Street and acknowledging its economic importance, Obama said the historic Restoring American Financial Stability Act of 2010 seeks to strike a balance that protects consumers and allows the vital sector to prosper.

"The fact is the financial industry is central to our nation's ability to grow, to prosper, to compete and to innovate. This reform will foster innovation, not hamper it. It is designed to make sure that everybody follows the same set of rules," the president said. "Unless your business model depends on cutting corners or bilking customers, you've got nothing to fear from reform."

The signing marked the third major legislative accomplishment for Obama, following an $800 billion stimulus and tax cut package and a regulatory revamp of the health care sector. Still, Obama has slumped in the opinion polls, dragged down by a sluggish economy. And polls suggest there's ambivalence about the bill from the broader public.

To combat that, Obama and Democrats went to extremes to highlight all the consumer provisions in the legislation. There are numerous measures to combat predatory lending and Obama invited borrower Robin Fox of Rome, GA., to the speech. She had been hit with unexpected interest rate hikes on a credit-card balance.

"With this law, unfair rate hikes, like the one that hit Robin, will end for good," Obama said.

Underscoring the historic nature of the legislation, updating many rules that date to the 1930's, the signing ceremony wasn't at the White House. Instead, the televised event was held at the Ronald Reagan Building, in a large auditorium where about 400 invited guests could bask in the accomplishment.

The heads of big Wall Street banks like JP Morgan Chase and Goldman Sachs were noticeably absent from the list of invitees. The CEOs of Citibank and Bank of America, which received the brunt of taxpayer bailout funds, were invited.

The legislation seeks to fix much of went wrong in the lead-up to the nation's deep financial crisis. It gives regulators the powers to dissolve large, interconnected financial institutions, and allows the Federal Reserve to break up companies it believes are so large that their failure poses a risk to the U.S. and global economy.

The lack of this authority forced the Bush administration and a Democratic Congress to choose unpopular bank bailouts over a disruptive bankruptcy process that Fed Chairman Ben Bernanke warned could have led to global economic depression.

"The bill isn't perfect, since it represents what was politically achievable in an election year. But it sets some important starting points for more detailed work in areas where oversight has been lacking, such as viewing risk from a systemic point of view and increased consumer protection," said Scott McCleskey, author of the new book When Markets Fail, which seeks to explain the crisis in layman terms. "In the end, though, the crisis made abundantly clear the fact that we need more regulation because the markets have become too complex to regulate themselves."

For ordinary Americans, the legislation will most directly be felt through the creation of a new and independent Bureau of Consumer Financial Protection. It will police credit extended to consumers, be it a mortgage, credit card, student loan, auto loan or even a pay-day loan.

"For the first time, families will have a tough, independent cop in Washington to help clear out the tricks and traps hidden in consumer credit agreements," said Elizabeth Warren, a Harvard University professor credited with developing the idea of the bureau, in a statement.

Gail Hillebrand, a director for the advocacy group Consumers Union, add that "millions of Americans have been hit by shady loans, hidden fees, and surprise rate hikes, and this Consumer Financial Protection bureau will take dead aim at these kinds of problems."

Liberals and consumer advocates are lobbying Obama to tap Warren as the bureau's first chief, but she is unpopular with Republicans. Obama was silent on his pick.

Business groups frowned on the new law.

"This legislation, while drafted with the best intentions, paints the U.S. business community with a broad brush and will have many unintended consequences for the more than 12,000 non-financial publicly traded companies," Larry Burton, executive director of the Business Roundtable, said in a statement.

The U.S. Chamber of Commerce, which aggressively lobbied against the legislation, didn't pull punches in its statement upon signing.

"Such a broad, sweeping bill epitomizes a law with unintended consequences that creates more uncertainty for American businesses," said Thomas J. Donohue, the Chamber's president and CEO. "For years the Chamber has called for reform that modernizes our financial system. Yet this law is like adding new paint on an old car; it's still not going to run at the pace and with the agility that is currently demanded."

Regulators will sit together on a special council to collectively study risks to the broader financial system. They'll be empowered to order that banks keep more capital on hand to guard against future losses, and they'll have knowledge they didn't have before about complex financial instruments called over-the-counter derivatives. The size of the market for these private bets between two parties is valued in the trillions of dollars, yet these deals have been largely hidden from regulators.

Now, most trading in these complex instruments will be done on public exchanges or clearinghouses, and regulators will have authority to limit a financial player's overall holdings in contracts for oil, natural gas, wheat or other commodities if it appears anyone is seizing so much of the market that prices could be manipulated.

"It gives us the transparency, tools and teeth we need to better regulate the markets we already oversee and to bring light to the more than $600 trillion over-the-counter markets which are currently unregulated," said Bart Chilton, a commissioner on the Commodity Futures Trading Commission. "Many key items will be decided in the near future: How do we actually oversee and regulate the OTC markets? How do we implement position limits? And how are we going to use some of these new professional grade regulatory tools to police these markets? For example, CFTC has had only one successful manipulation prosecution in 35 years. The law was broken but the bill gives us new authority to go after disruptive trading practices." 

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Comments

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HarHarHardiHarHaRotsa RAFS!

HarHarHardiHarHaRotsa RAFS! Especially for their Smoking CHAMP, with his "new and 'INDEPENDENT'" BCFP under The FED! I'd like to receive the brunt of a personal Taxpayer BAILOUT!

Obummer might have been

Obummer might have been smiling, but Bankers were smiling more. Let's not be unrealistic, this is reform measure awash in corporate cash.

Why McClatchy? They are not

Why McClatchy? They are not small, nor independant, nor will they publish honesty if it has deleterious affects on their paymasters.

It's unbelievably

It's unbelievably disgusting, how so many have suffered because of the unfortunate behavior of swindlers. There has been no real penalty for them.Goldman's fine was a joke, Obummer could have invited an underwater homeowner who was lied to, ripped off, and is being sued for breach in a economy that is void of good jobs. Of course, then he would be a honest kind of guy, rather then a politician. How long are people going to tolerate organized crime?

Like ugly on a toad, banker

Like ugly on a toad, banker greed just can't be rinsed off, no matter how much regulatory soap you use.

Last week, Congress enacted new rules to govern America's huge banks, thus completing Washington's response to the unbridled Wall Street greed that crashed the financial system and crushed our economy. The regulatory reforms were hailed by Democrats as possessing powerful cleansing power, while Republicans wailed that the new rules were overly caustic, imposing such a heavy-handed governmental scrub that the delicate layers of Wall Street innovation, competitiveness and profitability will be rubbed away.

Meanwhile, the big bankers were grinning from ear to ear, for the bill requires no restructuring and decentralizing of the monopolistic grip that these giants have on America's credit system. Thus, they still retain the power to rip off consumers, gamble with depositors' money, haul in exorbitant profits and pay themselves ungodly bonuses - all while remaining "too big to fail." - Jim Hightower

Mark Warner VA - opposed too

Mark Warner VA - opposed too big to fail. ( Oppose his re-election.)

Why is it everyone riffs on

Why is it everyone riffs on Obama as if he's the only responsible party? Obummer? Are you a child? Did we forget that Bush set up the mess for Obama and that it will not be resolved during Obama's presidency? And in people's frustration and woe is me they will turn to a new Republican guiding light because that's all we seem to do in this country is pick on or the other, believe everything they say on the campaign trail, bash them mercilessly when their in office, and then repeat. That's called insanity, because we are expecting a different result from the same actions. We are so blissfully comfortable in our circuitous debacle, we love its discordant rhythms. It's soothing to us. Why change it? Right? Why? No tell me. Post the reason why we should or shouldn't change? Back in Roman times there were a couple of parties in the Roman Senate who could be the Republican and Democrat's ancient doppelgangers: the Optimates and the Populares. They too went before the mob and promised all this change and wonder, all the while grabbing for more wealth along the way. It has been a money machine for centuries because that's what people are comfortable with. It works for achieving certain ends, the hell with the rest of it. Change happens regardless (we're obviously not living the same way we did two thousand years ago or even a hundred) but if we don't recognize the consequences of our behavior, and what that behavior is derived from, and enact the change ourselves, the outcome is usually a cataclysm or a protracted decay that we blame on taxes, political parties, some ethnic group, karma, or the devil. Obviously, that's not what is going on and we need to be keener on our observational and deductive skills. Or should we just skip to the "obvious" truth and chalk it up to God. All the rest is pish posh, right?

Obummer is a generic term

Obummer is a generic term for the administration - there isn't much difference from the previous administration.
Appointed Salazar at DOI. John Dugan will finally resign at the OCC. Larry Summers must have been Obama's belief in all things Rubin. Rham, Baucus, Dodd, Geithner. Most Americans truly don't give a sh$t about DC, knowing full well it's a corrupt cesspool, they worry about surviving, and they know basically they are on their own. It's not blame, it's more of what are you corrupt bastards going to do to make my life more unpleasant, more expensive, more dangerous, more risk filled, more filled with toxic hazards. If there were truly some form of justice in this country we would have seen players on Wall Street in jail. For what they have done, for what they have wrought on millions, is beyond reproach. We have a generally enabling 4th estate; particularly in the housing bubble, the victims have largely been blamed in an astounding display of propaganda. I wonder if writers like Kevin, truly understand their roles as Good Germans.
This is no hyperbole, when people are homeless, when thousands die from lack of health care, when people are so broke they have to sell everything they own, you are going to have a protected segment of society hurling blame for they are just as paranoid about losing their own wealth.

What's next from the Democrats? Gutting Social Security? They've already increased Defense Spending for wars that a majority don't support. Impeach!

Obummer should be impeached

Obummer should be impeached for endorsing Ben Bernanke. That alone is an outrage.

Both financial reform and

Both financial reform and health "insurance reform" are 2 pigs, with lipstick. Baucus had people arrested for interrupting his god-dam industry meetings. How can he get away with that?
Chris Dodd was taken care of by organized crime!!
(CountryWide) How the hell did he get away with that? Sheila Blair - so called sensible FDIC chief, got her jumbo loan from Bank of America. When you have wealth, you aren't going to be screwed or stolen from. Yet we have folks like these in charge.
Here's a list of Democrats who should be sent home for defeating (!) key reform:

Akaka (D-HI)
Alexander (R-TN)
Baucus (D-MT)
Bayh (D-IN)
Bennet (D-CO)
Bond (R-MO)
Brown (R-MA)
Carper (D-DE)
Conrad (D-ND)
Corker (R-TN)
Dodd (D-CT)
Feinstein (D-CA)
Gillibrand (D-NY)
Gregg (R-NH)
Hagan (D-NC)
Inouye (D-HI)
Johanns (R-NE)
Johnson (D-SD)
Kerry (D-MA)
Klobuchar (D-MN)
Kohl (D-WI)
Kyl (R-AZ)
Landrieu (D-LA)
Lautenberg (D-NJ)
Lieberman (ID-CT)
McCaskill (D-MO)
McConnell (R-KY)
Menendez (D-NJ)
Nelson (D-FL)
Nelson (D-NE)
Reed (D-RI)
Schumer (D-NY)
Shaheen (D-NH)
Tester (D-MT)
Udall (D-CO)
Voinovich (R-OH)
Warner (D-VA)

OP. (Kevin understands, or

OP. (Kevin understands, or he'll lose his job) Harsh analogy don't you think? - Good Germans?
I don't think they've used Gas yet at Git Bay. However the US has bragged about killing " an amazing number of people." If they kill civilians over there, it's ok to treat citizens like dogs. Remember, the poor are "histronic, angry and financially unwise." This is the qualifier for indifference, next would be prison or forced exodus.

Obama is getting more done

Obama is getting more done than any predecessor in recent memory, despite a 100% obstructionist GOP, the disinformation campaigns of Faux News & related outlets, and naysayers of various stripes who are always happy to toss in negative, counterproductive comments.

1 trillion for Defense while

1 trillion for Defense while milllions are out of work. FAUX isn't complaining at all, the war of terror is being fully funded. Again, this really doesn't have anything to do with the President.