Category: Legislation

When Your Sellout to the Banks Offends Chuck Schumer………

So Chris Dodd has come up with a “bipartisan” proposal for protecting consumers from predatory financial institutions, he wants to make it the Federal Reserve’s job:

The chairman of the Senate banking committee is seeking Democratic support for a Republican proposal to house a new consumer-protection regulator inside the Federal Reserve, a compromise that could clear the way for bipartisan legislation on financial reform, according to sources familiar with the negotiations.

Embracing the proposal marks a turnaround for Sen. Christopher J. Dodd (D-Conn.), who has lambasted the Fed repeatedly over the past year for not protecting borrowers from lender abuse. It is unclear whether other Fed critics, both Democrats and Republicans, will follow suit. The Fed already is responsible for writing consumer-protection rules, but it did not prohibit some of the most abusive mortgage and credit card lending practices during the housing boom.

The proposal by Sen. Bob Corker (R-Tenn.) would place a presidential appointee inside the Fed with an independent budget and a mandate to write rules protecting consumers. Those rules, however, would be enforced by existing banking regulators.

Of course, the Fed is already the consumer protection agency, and they failed, and they don’t provide information to Congress, or to anyone else.

Even Chuck Schumer (D-NY) thinks that this is a bad idea, and Schumer’s career is largely based on raising campaign money from Wall Street fatcats:

Chairman Dodd is to be commended for working so diligently to come up with a bipartisan compromise on financial services reform, which demands urgent attention. But in my 20 years of trying to get the Federal Reserve to properly protect consumers, it has been an uphill, and very often unsuccessful, battle. I am very leery of any consumer regulator being placed inside the Fed.

You know, if you’ve lost Chuck Schumer on this idea, it’s time to tell the Republicans to go Cheney themselves, and jam them up and make them vote against financial reform, over, and over, and over again.

The regional Federal Reserve banks are literally owned by the banks, and the presidents of these regional banks hold a lot of sway, and 5 of these bankers sit on the FOMC, and we are to expect an organization that has already shown itself to be both hostile to consumer protection and unresponsive to consumer complaints to somehow protect consumers?

I know that Mr. Dodd wants to make sure that he has a source of income when he leaves office in 2011, but he has a pension coming to him of something in excess of $120,000/year, so he should be fine.

Stop sucking up to the banks, sir.

Iceland May Have Found Its Economic Salvation

With banking having left the nation dunned by creditors demanding something more than $20,000 from every man woman and child in the tiny island nation, Iceland may have found a replacement, and this one may actually produce something of real value.

Specifically, they are looking at “passing the strongest combination of source protection, freedom of speech, and libel-tourism prevention laws in the world“: (see also here and here)

On Tuesday, [Feb 16] the Icelandic parliament is expected to introduce a measure aimed at making the country an international center for investigative journalism publishing, by passing the strongest combination of source protection, freedom of speech, and libel-tourism prevention laws in the world.

Supporters of the proposal say the move would make Iceland an “offshore publishing center” for free speech, analogous to the offshore financial havens that allow corporations to hide capital from authorities. Could global news organizations with a home office in Reykjavík soon be as common as Delaware corporations or Cayman Islands assets?

“This is a legislative package to create a haven for freedom of expression,” Icelandic member of parliament Birgitta Jónsdóttir confirmed to me, saying that a proposal for comprehensive media law reform will be filed in parliament on Tuesday, and that whistle-blowing specialists Wikileaks has been involved in drafting it. There have been persistent hints of an Icelandic media move in recent weeks, including tweets from Wikileaks and a cryptic message from the newly created @icelandmedia Twitter account.

It might not be a big market, but with a population of 320,000, it does not need to be, and we all win.

I think that the libel tourism laws might be the most significant, if it can be structured in a way that has meaning; Too many times, the UK’s draconian libel laws are used as a cudgel against free speech.

It’s one of the questions I’ve always wondered about regarding the internet: Why haven’t countries used this to their advantage, rather than just knuckling to the US acting as laptog to the RIAA, MPAA, and other acronyms.

H/t Murray Waas.

Vermont Senate Rejects License Extension for Nuke Plant

Maybe it was the fact that Vermont Yankee has been leaking radioactive tritium into the ground water for some time:

The Vermont Senate blocked efforts by Entergy Corp. to win a 20-year license renewal for its Vermont Yankee nuclear power plant, an action that could encourage opponents of nuclear energy in other states.

The Senate vote, which was 26 to four, marks the first time a license renewal has been thwarted, and it sets the stage for the plant’s closure by 2012, when the license expires.

The vote was striking because the state relies on the plant for a third of its electricity. In the past, license renewals have been routine, allowing energy companies to squeeze more life out of aging plants. To date, the NRC has renewed 59 reactor licenses, and 19 are pending.

The vote, which reflected fears about safety after leaks of radioactive tritium were discovered at the plant last year, is a blow to Entergy, which had planned to spin off six reactors, including Vermont Yankee, into the nation’s first stand-alone nuclear power company, to be called Enexus Energy Corp.

Notwithstanding the ability of the nuclear power industry to lobby for subsidies and tax breaks, the problem is that people who have nuclear power know that the plants never finish on schedule, never finish on budget, and are expensive sources of power even with the subsidies.

This plant is 38 years old, and its cooling tower collapsed in 2004, so maybe this is a good time to shut it down.

The moral of this story: Republicans are mean; Democrats are patsies.

Taylor Marsh’s take on the latest filibuster kerfluffle, where Jim Bunning told Democrats, “Tough sh%$,” when they confronted him about blocking the emergency unemployment extension:

In a colloquy with Senate Majority Whip Dick Durbin (D-Ill.), Sen. Jeff Merkley, a freshman Democrat from Oregon, was pleading for Bunning to drop his objection, when the Kentucky Republican got fed up.

“Tough s—t,” Bunning said as he was seated in the back row, overheard by the floor staff and others in attendance.

Like I said before, prima donnas and drama queens, and the prima donnas and drama queens always win in the Senate.

Good

Nancy Pelosi is saying that notwithstanding the healthcare summit, the house will not move until the Senate passes a reconciliation fix:

However, the House can’t act, she noted, until “we see what the Senate will be able to do.”

Now, Pelosi stopped short of saying–as she’s said in the past–that these changes must be made before the House passes the Senate bill. And, in a surprising statement to reporters today, Congressional Progressive Caucus Co-Chair Raul Grijalva (D-AZ) said it would “help a lot” if the Senate simply wrote a letter–signed by a majority of members–pledging to make the fixes.

I think that her statement is a strong rebuke to the Senate, as well it should be, it is a body that rewards prima donnas and drama queens.

Still, she is moderating her language a bit, which does make me worry.

Do Not Ski Utah

For that matter, don’t buy anything from an operation in the state.

The state lege has just passed a bill which provides criminal penalties for miscarriages:

A bill passed by the Utah House and Senate this week and waiting for the governor’s signature, will make it a crime for a woman to have a miscarriage, and make induced abortion a crime in some instances.

…………

The bill passed by legislators amends Utah’s criminal statute to allow the state to charge a woman with criminal homicide for inducing a miscarriage or obtaining an illegal abortion. The basis for the law was a recent case in which a 17-year-old girl, who was seven months pregnant, paid a man $150 to beat her in an attempt to cause a miscarriage. Although the girl gave birth to a baby later given up for adoption, she was initially charged with attempted murder. However the charges were dropped because, at the time, under Utah state law a woman could not be prosecuted for attempting to arrange an abortion, lawful or unlawful.

The bill passed by the Utah legislature would change that. While the bill does not affect legally obtained abortions, it criminalizes any actions taken by women to induce a miscarriage or abortion outside of a doctor’s care, with penalties including up to life in prison.

“What is really radical and different about this statute is that all of the other states’ feticide laws are directed to third party attackers,” Paltrow explained. “[Other states’ feticide laws] were passed in response to a pregnant woman who has been beaten up by a husband or boyfriend. Utah’s law is directed to the woman herself and that’s what makes it different and dangerous.”

In addition to criminalizing an intentional attempt to induce a miscarriage or abortion, the bill also creates a standard that could make women legally responsible for miscarriages caused by “reckless” behavior.

Using the legal standard of “reckless behavior” all a district attorney needs to show is that a woman behaved in a manner that is thought to cause miscarriage, even if she didn’t intend to lose the pregnancy. Drink too much alcohol and have a miscarriage? Under the new law such actions could be cause for prosecution.

If the politicians of Utah hate women this much, maybe they should stop breeding.

Better yet, maybe their partners should stop having sex with them, see Lysistrata.

What a Bitch

I am reverring to Kent Conrad (DINO-ND) who is saying that he’ll kill any attempt to use reconciliation to pass a fix to Senate’s awful healthcare reform bill unless the House passes that bill first:

The Senate Democrats’ top budget guy told reporters today that the Senate can’t pass a reconciliation package tweaking a comprehensive health care bill unless the House passes the Senate bill first. And if the House won’t do that, he says health care reform is “dead.”

“The only way this works is for the House to pass the Senate bill and then, depending on what the package is, the reconciliation provision that moves first through the House and then comes here,” said Sen. Kent Conrad (D-ND) outside the upper chamber this morning. “That’s the only way that works.”

I guess that someone hurt his feelings.

Here is a message to almost everyone in the White House and Congress:
<Rant>

Get the F%$# Over Yourself!!!

</Rant>

Another Day, Another Obama Administration Capitulation

Yep, this time it’s the CFPA:

The Obama administration is no longer insisting on the creation of a stand-alone consumer protection agency as a central element of the plan to remake regulation of the financial system.

In hopes of quick congressional approval of a reform bill, White House officials are opening the door to compromise with lawmakers concerned about creating a new bureaucracy, according to congressional and some administration sources.

President Obama’s economic team is now open to housing the consumer regulator inside another agency, such as the Treasury Department, though they still prefer a stand-alone agency. In either case, they are insisting on a regulator with political autonomy and real teeth so it can effectively enforce rules designed to protect consumers of mortgages, credit cards and other financial products.

(emphasis mine)

Let’s be clear on this: No one has any concern about a new bureaucracy. The banks want impunity to screw consumers, and members of Congress who want campaign donations from Wall Street, and White House officials completely captured by the finance industry, **cough** Geithner and Summers **cough**, are more than willing to do this.

If the CFPA is not independent, which means that they have the ability to craft their own budget, they will be subject to the tender mercies of someone like Timothy “Eddie Haskell” Geithner or Hank “Why the f%$# isn’t he in Jail” Paulson, and so will be largely ineffective.

5 Republicans Vote for Cloture on Jobs Bill

The one where Harry Reid stripped out all the tax breaks for special interests that Max Baucus put in to make nice with the terrorists Republicans.

Republicans voting for cloture were Scott Brown, Olympia Snowe, Susan Collins, George Voinovich, and Christopher “Kit” Bond.

Notably, Ben Nelson, who is nominally a Democrat voted against cloture.

There should be consequences for him. He has a leadership position, and he is voting for cloture.

Instead, Reid and Obama will find some other way to suck up to him.

Obama Finally Comes Out With a Healthcare Plan

So, after months of deferring to Congress, and pissing away much of the political initiative, has finally released a proposal.

It’s not a full bill, it’s just a proposal, so it’s about 14 pages long, and it’s pretty much an exercise in splitting the baby, as Igor Volsky’s handy table shows.

Yep, once again, when there is a possibility to do something bold, Obama splits the difference, and dumps the public option, because an actual statement of policy, as opposed to just splitting the difference would be “distasteful”.

Seriously, what does he actually believe in?

(Table after break)

Provision Obama’s Bill House Bill Senate Bill
Affordability Improves the Senate bill’s subsidies for lower income Americans. Families below $44,000 and above $66,000 would pay less in premiums. Also raises the percent of health costs that are paid by insurers from the Senate proposal. Families earning below $55,000 would still receive more subsidies under the House bill, but Americans earning more than $55,000 would pay higher premiums (as compared to Obama’s proposal). The percent of costs paid by the insurers is higher than Obama’s proposal. Families making under $55,000 would see higher premiums than Obama’s proposal and the percent of costs paid for by health insurers is lower than Obama’s proposal.
Excise Tax ‘Labor agreement’ for everyone. Changes effective date of the Senate policy from 2013 to 2018. Raises the amount of premiums that are exempt from the assessment from $8,500 for singles to $10,200 and from $23,000 for families to $27,500 and indexes these amounts for subsequent years at general inflation plus 1 percent. No excise tax. 40% excise tax beginning in 2013 on individual polices worth $8,500 or higher and family policies starting at $23,000.
Payroll Tax Adopts Senate bill approach and adds a 2.9% assessment on unearned income. 5.4% surcharge on high-income households. Payroll tax increase of 0.9% on earnings above a specific threshold for a total employee assessment of 2.35% on these amounts.
Individual Mandate Mixed bag. May be easier for younger Americans to opt out. Lowers flat dollar amount to $695 by 2016 from the Senate bill and raises the alternative percent of income to House levels that individuals will pay for not having health insurance. Hardship waiver when premiums over 8% of their income, and couples under $18,700 are exempt from the requirement. 2.5% of income by 2016 with a limit of the average national health premium. Flat rate of $750 by 2016 and hardship waiver when premiums exceed 8% of income.
Employer Mandate No mandate, free rider provision. Large employers (50+ workers) have to pay a fee if employees receive subsidies. Improves transition to free-rider policy by subtracting first 30 workers. (A firm with 51 workers that does not offer coverage will pay an amount equal to 51 minus 30, or 21 times the applicable per employee payment amount.) Employer mandate. The House bill requires a payroll tax for employers that do not offer health insurance that meets minimum standards. No mandate, free rider provision. Large employers have to pay a fee if taxpayers are supporting the health insurance for their workers.
Grandfathered plans Plans have to conform to new regulations. Plans have cover adult dependents up to 26yo, prohibits rescission. After exchanges begin in 2014, plans can’t institute annual and lifetime limits or pre-existing condition exclusions. Beginning in 2018, the President’s Proposal requires “grandfathered” plans to cover proven preventive services with no cost sharing. “Grandfather” policy that allows people who like their current coverage, to keep it. Abide by all rules after 5 years. “Grandfather” policy that allows people who like their current coverage, to keep it.
Medicare Donut Hole Completely closes donut hole. Replaces $500 increase threshold increase limit with a $250 rebate to Medicare beneficiaries who hit the donut hole in 2010. Closes donut hole by phasing down the coinsurance so it is the standard 25% by 2020 throughout the coverage gap. The House bill fully phases out the donut hole over 10 years. Raise the dollar amount before the donut hole begins by $500 in 2010. The Senate bill provides a 50% discount for certain drugs in the donut hole. Raise the dollar amount before the donut hole begins by $500 in 2010.

Senator Kirsten Gillibrand Proposing Budget Prohibition on Enforcing DADT

Moving to prohibit the military from spending money to enforce DADT is a good idea.

Among other things, it is a non-filibusterable measure, and when the usual crowd of Republicans start screaming, it’s an opportunity to show them up as hypocrites, since they are now ignoring the military leadership and the budget and HR needs of the military.

It also raises a question about Senator Gillibrand (D-BY).

She was, when she was the Congresswoman from New York’s 20th district a very conservative lawmaker, but now, that she’s in the Senate, far more liberal in her record.

The 20th is a conservative district, R+2 according to the Wiki, and it is understandable how a politician might find it in their best interest to represent the needs and wants of their district.

On the other hand, since being appointed by Governor Paterson to replace Hillary Clinton, she has also faced the prospect of viable primary challengers from the liberal wing of the party,* and her positioning may simply be an attempt to forestall any challengers, much in the same way that Arlen Spector is doing in Pennsylvania.

There is nothing wrong with her attempting to represent the views of her constituency, and her constituency has changed, and become significantly more liberal with the change in office.

Unfortunately, there is no way to know if this is driven by a constituent considerations, or if it is driven by primary election considerations.

If it’s the former, she should be a decent Senator. If it’s the latter, then come November, we’ll have another wanker in the Senate, at least for the next year or so, until she positions herself for the regularly scheduled election for that Senate seat.

*We’ll ignore the Harold Ford, corporatist DLC puke “candidacy” right now, because I’m not sure if it’s a serious candidacy, an attempt at extortion, or an exercise in masturbatory ego stroking.

Don’t Let the Door Hit Your Ass on the Way Out, Billy Boy

So PhRMA (the Pharmaceutical Research and Manufacturers of America) has just fired* Billy Tauzin, because the deal that he cut with the Obama administration, basically a few penniess in promised savings so as to forestall price controls and drug reimportation.

Now that the healthcare plan is in shambles, it’s likely that stuff will be passed piecemeal, and high on that list will be drug reimportation.

Tauzin got his $2 million a year job because he pushed through the Medicare drug benefit, which was basically sloppy anilingus to PhRMA, and the gig was his payoff.

Couldn’t happen to a more evil piece of sh%$.

*Yes, I know that the story says that a, “friend of Mr. Tauzin, speaking on condition of anonymity,” says that he is, “leaving the trade group job voluntarily to pursue other activities,” but seriously, don’t take us for idiots.

Speaking of Not Having Real Regulation in the United States

It looks like one of the major changes in regulation of financial services firms, that they act in their clients best interest, a so-called fiduciary responsibility, as opposed to the current standard of “industry standard” behavior, which basically says that the only crime is to get caught.

Well, Tim Johnson, no doubt still suffering from the effects of his stroke 3 years ago, has decided to kill the fiduciary requirement, and send the idea to the SEC for a “study”:

Lobbying by insurers and banks including Morgan Stanley may result in the elimination of a proposed new standard that would make retail brokers more accountable to their clients.

Tim Johnson, the South Dakota Democrat in line to become the next chairman of the Senate Banking Committee, is circulating a proposal that would drop the so-called fiduciary standard for brokers from the panel’s reform package, according to a copy obtained by Bloomberg News. Johnson instead proposes that the U.S. Securities and Exchange Commission conduct an 18- month study to see if there’s need for a new broker standard.

Consumer advocates have pushed for the fiduciary standard, arguing that investors are misled by the adviser title used by thousands of brokers. Investors have difficulty distinguishing between investment advisers and brokers, and most see their brokers as advisers, according to a 2008 Rand Corp. study commissioned by the SEC. Without the fiduciary requirement, brokers don’t have the same accountability for their advice as investment advisers and have more leeway to sell financial products created by their own firms instead of seeking the best investment for the customer.

Not only is this bad policy, it’s bad politics.

Make the Republicans vote against a law that says, “Financial advisers must act in their client’s best interests,” if you push it, people will understand it.

Reid to Baucus, Drop Dead

So, the Senate is working on a jobs program, and Max Baucus (DINO-MT), in a reprise of his disastrous negotiations with Republicans on healthcare, cuts a deal with Chuck Grassley (R-IA).

So, it includes all the goodies that the ‘Phants demand, mostly big tax cuts or extensions of tax cuts, about $31 billion, as well as a cut in the estate tax, which is currently 0%, but goes back up to its pre-Bush levels in 2011 (see Throw Mama from the Train).

Well, some Senate Democrats had a word with Harry Reid, and it appears that they made it clear that their support is by no means assured, and minority leader Mitch McConnell was unwilling to offer support, or even to support cloture, so Reid pulled out all of the tax cut goodies for Republicans. (also here)

Good for him.

Unless you get 5 Republicans swearing on a bible on video tape that they will vote for cloture, don’t give them anything, ever.

I’d also say, if Baucus wants a bill to go through his committee, you should say what Marcel Marceau said, “No.”

A Good Start

The New Mexico legislature has just voted to move a significant portion of the state bank accounts to small community banks and credit unions:

New Mexico’s House of Representatives voted Monday to pass a bill that allows the state to move $2 billion – $5 billion of state funds to credit unions and small banks.

The municipal funds bill was approved 65-0, and is subject to a vote by New Mexico’s Senate. Governor Bill Richardson told the bill’s sponsor that he supports the legislation.

It’s a good start.

If we can defund the to big to fail institutions, they shrink, and lose influence in the corridors of power.

Ben Nelson and Blanch Lincoln Need to be Reminded What it Means to Be a Democrat

It’s one thing to oppose a presidential appointee of your own party, but Ben Nelson Blanche Lincoln, just filibustered Craig Becker to serve on the National Labor Relations Board, and that crosses a line.

Their committee chairmanships should be in doubt, though that won’t happen with Harry “Sta-Puft Marshmallow Man” Reid leading the senate.

Note also that Nelson spoke out strongly against filibustering Bush appointees, but he’s with it when it involves Obama.

In either case, this is where a line should be drawn.

The reason for the filibuster? Because Craig Becker has represented labor unions as a lawyer. No problem with nominating union busting lawyers, but nominating a lawyer that supports workers’ rights? So Ben Nelson, and the Senator from WalMart filibustered him.

Needless to say, the AFL-CIO has blown a gasket over Nelson’s vote, I think that they understand that Lincoln is bought and paid for by WalMart.