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The Honolulu Advertiser
Posted on: Saturday, August 15, 2009

FDIC chief challenges Obama plan


By Daniel Wagner
Associated Press

Hawaii news photo - The Honolulu Advertiser

Federal Deposit Insurance Corp. Chair Sheila Bair says there's much resistance to the president's financial overhaul.

RON EDMONDS | Associated Press

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WASHINGTON — The head of the Federal Deposit Insurance Corp. is arguing against key pillars of the Obama administration's plan to overhaul the financial system, saying they would not survive in Congress and that she has better ideas.

In an interview, FDIC Chairwoman Sheila Bair said Congress would not go along with expanding the Federal Reserve's authority to regulate large financial companies or with giving a new consumer protection agency enforcement powers over banks.

Power to enforce rules for banks now belongs to Bair's agency and other bank regulators.

"There's a lot of resistance from a lot of different quarters to a lot of the things the administration has submitted," Bair said. "That is a reality the administration needs to deal with."

Bank industry groups say the Obama plan, introduced in June, would burden companies and raise costs for borrowers. Congress has objected to giving the Fed more power, and critics say it failed to properly use the authority it had before the financial crisis erupted.

Other regulators, including Fed Chairman Ben Bernanke, have objected to parts of the plan. Treasury Secretary Tim Geithner angrily demanded regulators get in line, even though the Treasury has no power over agencies like the Fed and FDIC.

Treasury has suggested some regulators are simply guarding their territory. In a separate interview, Deputy Treasury Secretary Neal Wolin said it's not surprising "that in understandable Washington style, (regulators) defend their own institutions."

The White House, meanwhile, sought to refocus the debate on its broader re-regulation plan, parts of which have the support of Bair and other regulators.

"Regulatory reform is not about Washington turf wars between regulators," White House spokeswoman Jennifer Psaki said in a statement. She said President Obama hopes to pass regulatory reform "that will put an end to the inadequate oversight that led us to this crisis."

The outspoken Bair has drawn a following on Capitol Hill and among consumer advocates for her early warnings about the dangers of subprime mortgages and other statements that separated her from the political mainstream. Her advocacy of mortgage modifications as a way to stem foreclosures helped pave the way for the Obama administration's core effort to address the housing crisis.

Under the Obama plan, a Consumer Financial Protection Agency would have authority to make and enforce rules for financial products like mortgages and credit cards. The Fed now has authority to make those rules. Bank regulators, including the Fed and FDIC, enforce them.

Bair said she supports "90 percent" of what the administration wants to do — including creating a new consumer protection agency. But she opposes giving the agency enforcement power over banks. Doing so would mean banks would answer to two enforcement teams: One from their primary regulator and one from the consumer agency.

The primary regulator would make sure the bank was safe and stable. The consumer agency's officers would ensure the bank was complying with rules the agency would write to protect consumers.

Wolin said the existing structure, which has one primary regulator doing both jobs, has led to uneven enforcement of rules intended to protect consumers from predatory lending and other abuses.

"It is important that there be one institution that has as its focus consumer protection ... and that the rule-writing and supervision and enforcement for consumer protection be done all in one place," he said.

Bair said bank regulators must maintain oversight over consumer issues and bank safety and stability. "It is interrelated in a way that is very, very difficult to tease out," she said.