Here's a little light reading for your pleasure as you monitor the Hamster forum and the interwebz while the rest of us are out enjoying this fine day.
http://ourfinancialsecurity.org/2009/06/...rhaul-the-hill/http://www.portman.senate.gov/public/ind...b2-e040407cf0baAmericans for Financial Reform
1629 K St NW, 10th Floor, Washington, DC, 20006
202.466.1885
March 20, 2013
Dear Senator,
On behalf of Americans for Financial Reform1, we are writing to express our opposition to the variety of amendments proposed to the pending 2014 budget resolution that would impose virtually insurmountable procedural hurdles that underfunded financial regulators must satisfy before putting in place additional oversight over Wall Street financial companies. Among these amendments are #145 (Collins), #164 (Ayotte), #174 (Inhofe), #175 (Inhofe), #215 (Blunt), #340 (Shelby), #367 (Risch), #376 (Paul), #459 (Collins), #462 (Johanns), #463 (Johanns), #465 (Johanns), #472 (Cruz), and #571 (Ayotte.) By adding yet more layers of cost-benefit analysis for financial rules, these amendments could indefinitely delay the process of creating adequate oversight of our financial system.
According to recent polling data, over 70 percent of Americans favor stronger oversight and tougher rules for big Wall Street banks and the financial services industry. This is not surprising, given the estimates that the financial crisis cost the economy as much as $13 trillion and resulted in massive job losses and household savings. It is evident that the costs and risks of failing to act on financial reforms necessary to prevent another financial crisis are overwhelming.
The kind of burdensome and time-consuming cost-benefit analysis procedures called for in these amendments is not about improving analysis, it is about introducing additional roadblocks to meaningful change and more opportunities for Wall Street to engage in litigation and block reform.
Financial agencies are already statutorily required to analyze and consider the economic costs and benefits of their regulations, and they do so. They must also consider comments from business and the public. In the nearly three years since the passage of the Dodd-Frank Act, the financial regulatory agencies have considered tens of thousands of public comments and held thousands of meetings and round tables. They have been subjected to multiple industry lawsuits on the basis of their existing statutory economic analysis requirements. Today, just one-third of the rulemaking mandated under Dodd-Frank has been finalized. Financial oversight agencies have pointed to unrealistic cost-benefit analysis standards already in place as one major reason for the delay.
1 Americans for Financial Reform is an unprecedented coalition of more than 250 national, state and local groups who have come together to reform the financial industry. Members of our coalition include consumer, civil rights, investor, retiree, community, labor, religious and business groups.
The public wants and deserves real change in our financial system to protect us from the risk of another disastrous financial collapse, and to ensure that consumers and investors are not subject to abusive, deceptive, and fraudulent practices by the big banks. Dont vote to prevent and delay this needed reform. Oppose amendments intended to add new and burdensome layers of cost-benefit analysis or create other barriers to needed agency action, such as #145 (Collins), #164 (Ayotte), #174 (Inhofe), #175 (Inhofe), #215 (Blunt), #340 (Shelby), #367 (Risch), #376 (Paul), #459 (Collins), #462 (Johanns), #463 (Johanns), #465 (Johanns), #472 (Cruz), and #571 (Ayotte) and any other similar amendments.
Thank you for your consideration. For more information please contact AFRs Policy Director, Marcus Stanley at marcus@ourfinancialsecurity.org or 202-466-3672.
Sincerely,
Americans for Financial Reform
Following are the partners of Americans for Financial Reform.
All the organizations support the overall principles of AFR and are working for an accountable, fair and secure financial system. Not all of these organizations work on all of the issues covered by the coalition or have signed on to every statement.
A New Way Forward
AFL-CIO
AFSCME
Alliance For Justice
American Income Life Insurance
American Sustainable Business Council
Americans for Democratic Action, Inc
Americans United for Change
Campaign for Americas Future
Campaign Money
Center for Digital Democracy
Center for Economic and Policy Research
Center for Economic Progress
Center for Media and Democracy
Center for Responsible Lending
Center for Justice and Democracy
Center of Concern
Center for Effective Government
Change to Win
Clean Yield Asset Management
Coastal Enterprises Inc.
Color of Change
Common Cause
Communications Workers of America
Community Development Transportation Lending Services
Consumer Action
Consumer Association Council
Consumers for Auto Safety and Reliability
Consumer Federation of America
Consumer Watchdog
Consumers Union
Corporation for Enterprise Development
CREDO Mobile
CTW Investment Group
Demos
Economic Policy Institute
Essential Action
Greenlining Institute
Good Business International
HNMA Funding Company
Home Actions
Housing Counseling Services
Home Defenders League
Information Press
Institute for Global Communications
Institute for Policy Studies: Global Economy Project
International Brotherhood of Teamsters
Institute of Womens Policy Research
Krull & Company
Laborers International Union of North America
Lawyers' Committee for Civil Rights Under Law
Main Street Alliance
Move On
NAACP
NASCAT
National Association of Consumer Advocates
National Association of Neighborhoods
National Community Reinvestment Coalition
National Consumer Law Center (on behalf of its low-income clients)
National Consumers League
National Council of La Raza
National Council of Womens Organizations
National Fair Housing Alliance
National Federation of Community Development Credit Unions
National Housing Resource Center
National Housing Trust
National Housing Trust Community Development Fund
National NeighborWorks Association
National Nurses United
National Peoples Action
National Urban League
Next Step
OpenTheGovernment.org
Opportunity Finance Network
Partners for the Common Good
PICO National Network
Progress Now Action
Progressive States Network
Poverty and Race Research Action Council
Public Citizen
Sargent Shriver Center on Poverty Law
SEIU
State Voices
Taxpayers for Common Sense
The Association for Housing and Neighborhood Development
The Fuel Savers Club
The Leadership Conference on Civil and Human Rights
The Seminal
TICAS
U.S. Public Interest Research Group
UNITE HERE
United Food and Commercial Workers
United States Student Association
USAction
Veris Wealth Partners
Western States Center
We the People Now
Woodstock Institute
World Privacy Forum
UNET
Union Plus
Unitarian Universalist for a Just Economic Community
List of State and Local Partners
Alaska PIRG
Arizona PIRG
Arizona Advocacy Network
Arizonans For Responsible Lending
Association for Neighborhood and Housing Development NY
Audubon Partnership for Economic Development LDC, New York NY
BAC Funding Consortium Inc., Miami FL
Beech Capital Venture Corporation, Philadelphia PA
California PIRG
California Reinvestment Coalition
Century Housing Corporation, Culver City CA
CHANGER NY
Chautauqua Home Rehabilitation and Improvement Corporation (NY)
Chicago Community Loan Fund, Chicago IL
Chicago Community Ventures, Chicago IL
Chicago Consumer Coalition
Citizen Potawatomi CDC, Shawnee OK
Colorado PIRG
Coalition on Homeless Housing in Ohio
Community Capital Fund, Bridgeport CT
Community Capital of Maryland, Baltimore MD
Community Development Financial Institution of the Tohono O'odham Nation, Sells AZ
Community Redevelopment Loan and Investment Fund, Atlanta GA
Community Reinvestment Association of North Carolina
Community Resource Group, Fayetteville A
Connecticut PIRG
Consumer Assistance Council
Cooper Square Committee (NYC)
Cooperative Fund of New England, Wilmington NC
Corporacion de Desarrollo Economico de Ceiba, Ceiba PR
Delta Foundation, Inc., Greenville MS
Economic Opportunity Fund (EOF), Philadelphia PA
Empire Justice Center NY
Empowering and Strengthening Ohios People (ESOP), Cleveland OH
Enterprises, Inc., Berea KY
Fair Housing Contact Service OH
Federation of Appalachian Housing
Fitness and Praise Youth Development, Inc., Baton Rouge LA
Florida Consumer Action Network
Florida PIRG
Funding Partners for Housing Solutions, Ft. Collins CO
Georgia PIRG
Grow Iowa Foundation, Greenfield IA
Homewise, Inc., Santa Fe NM
Idaho Nevada CDFI, Pocatello ID
Idaho Chapter, National Association of Social Workers
Illinois PIRG
Impact Capital, Seattle WA
Indiana PIRG
Iowa PIRG
Iowa Citizens for Community Improvement
JobStart Chautauqua, Inc., Mayville NY
La Casa Federal Credit Union, Newark NJ
Low Income Investment Fund, San Francisco CA
Long Island Housing Services NY
MaineStream Finance, Bangor ME
Maryland PIRG
Massachusetts Consumers' Coalition
MASSPIRG
Massachusetts Fair Housing Center
Michigan PIRG
Midland Community Development Corporation, Midland TX
Midwest Minnesota Community Development Corporation, Detroit Lakes MN
Mile High Community Loan Fund, Denver CO
Missouri PIRG
Mortgage Recovery Service Center of L.A.
Montana Community Development Corporation, Missoula MT
Montana PIRG
Neighborhood Economic Development Advocacy Project
New Hampshire PIRG
New Jersey Community Capital, Trenton NJ
New Jersey Citizen Action
New Jersey PIRG
New Mexico PIRG
New York PIRG
New York City Aids Housing Network
New Yorkers for Responsible Lending
NOAH Community Development Fund, Inc., Boston MA
Nonprofit Finance Fund, New York NY
Nonprofits Assistance Fund, Minneapolis M
North Carolina PIRG
Northside Community Development Fund, Pittsburgh PA
Ohio Capital Corporation for Housing, Columbus OH
Ohio PIRG
OligarchyUSA
Oregon State PIRG
Our Oregon
PennPIRG
Piedmont Housing Alliance, Charlottesville VA
Michigan PIRG
Rocky Mountain Peace and Justice Center, CO
Rhode Island PIRG
Rural Community Assistance Corporation, West Sacramento CA
Rural Organizing Project OR
San Francisco Municipal Transportation Authority
Seattle Economic Development Fund
Community Capital Development
TexPIRG
The Fair Housing Council of Central New York
The Loan Fund, Albuquerque NM
Third Reconstruction Institute NC
Vermont PIRG
Village Capital Corporation, Cleveland OH
Virginia Citizens Consumer Council
Virginia Poverty Law Center
War on Poverty - Florida
WashPIRG
Westchester Residential Opportunities Inc.
Wigamig Owners Loan Fund, Inc., Lac du Flambeau WI
WISPIRG
Small Businesses
Blu
Bowden-Gill Environmental
Community MedPAC
Diversified Environmental Planning
Hayden & Craig, PLLC
Mid City Animal Hospital, Pheonix AZ
The Holographic Repatterning Institute at Austin
March 21, 2013
Dear Senator,
The Coalition for Sensible Safeguards is a broad coalition of groups concerned with protecting our nations regulatory framework, which we believe is essential to protecting workers and our communities, improving public health, protecting the environment, and driving innovation and job creation for a growing economy. We are writing to express our concerns with a number of amendments to be considered during the Budget Resolution of 2013 vote.
In addition, we urge your strong opposition to any amendment that seeks to alter the regulatory process in a way that makes it more difficult to pass regulations that protect Americans from harm. This includes amendments that require agencies to include additional cost-benefit requirements, seek a moratorium on regulations until unemployment falls below a certain point, bring independent agencies under Office of Information and Regulatory Affairs (OIRA) review, or change the process in a way that inappropriately injects political considerations in passing new rules that are supposed to be based on objective agency science and expertise.
WE STRONGLY OPPOSE:
Amendment 145 (Sen. Collins) calls for executive department and independent regulatory agencies, such as the Consumer Financial Protection Bureau (CFPB), the Securities and Exchange Commission (SEC), and the Consumer Product Safety Commission (CPSC) to conduct cost-benefit analyses for significant rules. This type of proposal was made during the 112th Congress in S. 3468, the Independent Agency Regulatory Analysis Act, which would have hamstrung the regulatory process by saddling independent agencies with additional cost-benefit requirements. Just like S. 3468, this amendment would severely undermine the ability of independent agencies to respond efficiently to crises as they occur. How could the CPSC respond to a faulty product line and pull unsafe and defective items off of stores shelves if it had to conduct time-consuming cost-benefit analyses? Consumers would lose if this amendment passed.
Amendment 174 (Sen. Inhofe) calls for federal agencies to consider the full cost of regulations, including indirect job losses and the negative health impacts of indirect job losses, prior to enacting or amending any regulation or rule. The present process, however, already requires cost-benefit analysis, and virtually every rule has benefits that are significantly higher than the costs. Cost-benefit analysis is a deeply flawed process that overstates costs and tends to understate benefits, particularly if those benefits cant easily be measured and counted. How can regulators assign a dollar amount to the benefits of cleaner air and water? Such measures will only benefit those corporations that wish to game the system and evade safety standards while doing nothing to protect the American public.
Amendment 205 (Sen. Sessions) seeks to deprive citizens of the resources required to enforce federal
law. The amendment attacks citizen suits that spur federal agencies to move forward with legally
required regulatory actionsactions that are often aimed at protecting human health, safety, and the
environment. Contrary to the likely assertions of the amendments proponents, lawsuits compelling
regulatory action do not dictate the ultimate substance of agency rules. Instead, they most often
establish a new deadline for issuing draft and final rules when an agency has already missed a statutory
deadline. Parties and nonparties alike can and do submit comments during the subsequent rulemaking
process, ensuring that all voices are heard. Because the lawsuits targeted by Amendment 205 are
essential in ensuring that citizens have the regulatory protections Congress has provided, you should
oppose this provision.
These amendments represent a radical threat to our governments ability to protect the public from
harm and will delay or shut down the implementation of critical new public health and safety
protections, thereby making corporate scofflaws even less accountable to the public. They will only
benefit those companies that wish to game the system and evade safety standards while doing nothing
to protect the American public.
We strongly urge you to vote No on the specific amendments described above and to any of the
several other amendments circulating that would threaten our public protections and safeguards.
Please oppose these amendments forcefully.
Sincerely,
Katherine McFate, President and CEO, OMB Watch Robert Weissman, President, Public Citizen
Co-chair, Coalition for Sensible Safeguards Co-chair, Coalition for Sensible Safeguards
The Coalition for Sensible Safeguards is an alliance of consumer, labor, scientific, research, good
government, faith, community, health, environmental, and public interest groups, as well as concerned
individuals, joined in the belief that our countrys system of regulatory safeguards provides a stable
framework that secures our quality of life and paves the way for a sound economy that benefits us all.
http://www.citizen.org/Page.aspx?pid=5518&frcrld=1Oppose Harmful Amendments to the Budget Resolution of 2013
Dire Consequences for Consumers
A number of amendments being considered as the Senate votes on the Budget Resolution Act of 2013 will weaken the regulatory process necessary to protect consumers from predatory financial schemes, dangerous consumer products and costly, anti-competitive practices. This may not be a comprehensive list, as new harmful amendments may have been introduced since it was drafted. We urge senators to oppose these and any similar amendments that would undermine the ability of regulators to fulfill their regulatory mandate efficiently and effectively.
We urge a No vote on the following amendments:
This amendment would impact independent agencies such as the Consumer Product Safety Commission and the Consumer Financial Protection Bureau by requiring time consuming analysis and imposing duplicative and redundant cost-benefit requirements.
Vote No on Collins Amendment 145
This amendment will have the result of delaying, if not thwarting, important consumer protections.
This amendment is similar to S. 3468, Independent Agency Regulatory Analysis Act, that was introduced in the 112th Congress and which was opposed by the leaders of of six financial agencies, the Chairman and Vice Chairman of the CPSC, former Commissioners of the CPSC and consumer, environmental, good government, labor organizations.
This amendment seeks to prevent the Department of Labor from addressing ERISA fiduciary duty protections in Employee Stock Ownership Plans (ESOPs).
Vote No on Ayotte Amendment 165
ERISA fiduciary protections are the basic rules that protect employee retirement savings from being lost through fraudulent or deceptive financial management by pension trustees or advisors.
The appraisal and valuation of stocks in ESOPs is a problem area that poses particular challenges where company stock is not publicly traded. The Department of Labors authority to deal with those issues must not be impeded.
This amendment would require agencies to conduct economic analysis that includes quantifying unknowable costs.
Vote No on Inhofe Amendment 174
This amendment will further delay agency work on much needed public protections.
This amendment will provide an additional way for those opposed to the consumer protections in the regulation to thwart the promulgation of the rule.
This amendment seeks to limit the ways that consumers and all Americans can enforce federal law.
Vote No Sessions Amendment 205
This amendment would weaken an individuals ability to bring a lawsuit to enforce federal law by prohibiting legal fees for individuals who succeed in such cases.
Individual actions to enforce federal law are focused on protecting public safety, health and the environment.
This amendment would require agencies to include the indirect impact of a regulation on manufacturing when assessing the costs and benefits of regulation.
Vote No on Blunt Amendment 215
This amendment requires an impossible to quantify analysis that will result in the further delay or potential stopping of the regulatory process.
This amendment requires agencies that have jurisdiction over aspects of the financial market to engage in a more extensive cost benefit analysis for rules it promulgates.
Vote No on Shelby Amendment 340
This amendment would add delays to, or could thwart entirely, the often already delayed rules that would protect consumers from unfair financial markets, products and services and promote the stability and integrity of our financial markets.
This amendment will impede the process of the formulation of much needed consumer protections.
This amendment would thwart all regulatory activity that is not expressly required by Congress.
Vote No on Risch Amendment 367
This amendment would tie the hands of federal agencies who seek to protect consumers based upon their own expert analysis of an unsafe or unfair practice or product.
This amendment would eviscerate the ability of agencies to affirmatively respond to public petitions seeking consumer protections.
For further information about these and other amendments that would weaken the regulatory process and harm consumers, please contact Rachel Weintraub, legislative Director and Senior Counsel at Consumer Federation of America at rweintraub@consumerfed.org.
###
Consumer Federation of America is an association of nearly 300 non-profit consumer organizations that was established in 1968 to advance the consumer interest through research, education and advocacy
Press Statement
For Immediate Release
Media Contact: Jessica Ault
jault@bettermarkets.com
Tel: 202-618-6430
Washington DC, March 22, 2013
Congress Must Stop Helping Wall Street Kill Financial Reform
Wall Streets Congressional allies are renewing their assault on financial reform with a fresh wave of proposals that would cripple the ability of the Securities and Exchange Commission (SEC) and other regulators to protect the public. These latest attacks are in the form of amendments to the Budget bill in the Senate, which is being voted on this afternoon, said Dennis Kelleher, President of Better Markets, Inc., an independent nonprofit organization that promotes the public interest in the financial markets.
The most common and most dangerous tactic is forcing independent agencies to conduct what the opponents of financial reform misleadingly call cost-benefit analysis, which really only counts industry costs and disregards the costs and benefits to the public. The last financial crisis was caused by de-regulation and non-regulation of the financial industry, which is what will happen if these proposals are passed. The last financial crisis will cost this country more than $12.8 trillion dollars and financial reform is trying to prevent that from happening again. But, these needless and burdensome proposals will make another crisis and more Wall Street bailouts more likely, said Mr. Kelleher.
The amendments take various forms, ranging from requiring Congressional approval for all regulations (Risch Amendment #367), restricting access to the courts for those seeking to enforce their rights (Sessions Amendment #205), narrowing the duty of care that advisers owe under ERISA (Ayotte Amendment #165) and imposing so-called cost-benefit analysis on the SEC (Collins Amendment #145).
The effect of these amendments will not be to improve the quality of regulation for the benefit of the American people. Instead, they will slow and weaken regulation and benefit Wall Street along with every other regulated industry.
Although they may sound harmless, or even sensible, these amendments are dangerous and should not be supported:
Cost-benefit analysis is a one-sided and grossly inaccurate methodology, since it ignores huge benefits that cant be easily quantifiedsuch as preventing another $13 trillion dollar financial crisisbut exaggerates costs to industry. For example, the Inhofe amendment (#174) would require federal agencies to consider the full cost of regulations, including indirect job losses prior to adopting a rule. Such a calculation is not only impossible, but completely one-sided: it focuses entirely on costs, not on benefits to the public. What the Wall Street lobbyists really mean by cost-benefit analysis is industry-cost-only analysis.
Cost-benefit analysis drains scarce agency resources and slows rulemaking to a crawl. Weve seen it happen already at the SEC, where rulemaking is at a virtual standstill after several of its rules were invalidated on cost-benefit grounds.
Imposing cost-benefit analysis on the independent financial regulators overturns decades of public policy that these agencies must not be saddled with such burdens precisely because the public interest, not industry costs, should come first.
The end result of this campaign, if allowed to succeed, is plain: The SEC, the CFTC and the other financial regulators will be unable to implement the reforms desperately needed to prevent another financial crisis and economic meltdown, like the one weve been suffering through since 2007. These proposals should be opposed. Doing so will protect taxpayers, the financial system and the economy.
Better Markets
Better Markets is an independent, nonprofit, nonpartisan organization that promotes the public interest in financial reform in the domestic and global capital and commodity markets. Better Markets advocates for transparency, oversight and accountability with the goal of a stronger, safer financial system that is less prone to crisis and failure thereby eliminating or minimizing the need for more taxpayer funded bailouts.
AFL-CIO, American Association of University Professors, American Rivers, Americans for Financial Reform, Center for Effective Government, Center for Responsible Lending, Citizens' Environmental Coalition, Consumer Federation of America, Consumers Union, Demos, Earthjustice, Empire State Consumer Project (Rochester, New York), Natural Resource Defense Council, Public Citizen, Sciencecorps (Lexington, Massachusetts), Sierra Club,
U.S. PIRG, Union of Concerned Scientists
Groups Opposed to Damaging Regulatory Amendments
March 21, 2013
Dear Senator,
Our undersigned groups strongly oppose amendments to S. Con. Res 8, the Murray budget resolution, which would cripple the regulatory process, weaken important public protections, and make it easier for corporations to game the system.
We urge your strong opposition to any amendment that seeks to alter the regulatory process in a way that makes it more difficult to pass regulations that protect Americans from harm.
This includes amendments that will: require agencies to include additional cost-benefit requirements, seek a moratorium on regulations until unemployment falls below a certain point, bring independent agencies under the review of the Office of Management and Budget add indirect costs and benefits to agency analysis; change the process in a way that inappropriately injects political considerations in passing new rules that are supposed to be based on objective agency science and expertise, and any other proposal that in the name of regulatory burdens jeopardizes the health and safety of American families.
Such proposals will make it nearly impossible for federal agencies to protect us from polluted air and water, tainted food, unsafe drugs, dangerous toys, hazardous workplaces, and financial predators. We strongly urge you to stand up for the American public and vote No on any amendment that would weaken this safety net of public protections.
Sincerely,
AFL-CIO
American Association of University Professors
American Rivers
Americans for Financial Reform
Center for Effective Government
Center for Responsible Lending
Citizens' Environmental Coalition
Consumer Federation of America
Consumers Union
Demos
Earthjustice
Empire State Consumer Project (Rochester, New York)
Natural Resource Defense Council
Public Citizen
Sciencecorps (Lexington, Massachusetts)
Sierra Club
U.S. PIRG
Union of Concerned Scientists
Enjoy your day!
Fishy