Tag Archive | "President Obama"

Your Cheat Sheet to the New Wall Street Reform Law


Today, President Obama signed the Dodd-Frank Act into law. It’s another doozy of a forrest killer. Why waste your gorgeous summer day when you can just read our Cheat Sheet to the New Wall Street Reform Law:

  • The Volcker Rule: Don’t call it a comeback. Large financial firms are limited to investing in 3% or less of a bank’s Tier 1 capital. Moreover, banks are prohibited from bailing out funds in which they have an investment.
  • Derivatives: The over-the-counter derivatives market would finally come under regulatory jurisdiction after the first experiment made Warren Buffett look like a prophet when they led to “mass destruction.” There is now new capital, margin, reporting, record-keeping and business conduct rules. Most derivatives will be traded on exchanges and routed through clearinghouses.
  • “To Big To Fail” IF You’re Failing: If a firm would destabilize the financial system in the event of failure (read: screw up all our lives like 2007-present), the feds can now seize and break up the cancerous firm without taxpayer bailouts. The FDIC would deal with the liquidation. Treasury would pay the up-front costs, but losses would be recouped by assessing fees on financial firms with more than $50 billion in assets. Also, if an insurance firm is a systemic risk (think “AIG”) they will fall within the powers of the powers that be.
  • Basic Mortgage Standards: If you think people should have the ability to pay back a mortgage before they receive a loan for hundreds of thousands of dollars, your savior is here! There are now national minimum underwriting standards for home mortgages: borrowers be able to repay a home loan by verifying the income, credit history, and job status. Also, the pesky principal-agent problem is dealt with by banning payments to brokers for funneling borrowers to high-priced loans.
  • Oversight at the Federal Reserve: After much fighting, the Fed is now subject to a one-time audit of all of the Fed’s emergency lending programs from the financial crisis. Moreover, within two years the Fed must disclose details of loans made to banks through its discount window as well as open market transactions. Bankers will no longer pick Fed presidents at the regional banks. Also, the Fed’s 13(3) emergency lending authority can no longer be used to aid an individual firm.
  • The Financial Stability Oversight Council: This is a new 10-member bureaucracy who will monitor system-wide risks to the nation’s financial stability (which is a mandated, yet unfulfilled, job of the Federal Reserve), make recommendations to regulators, and break up cancerous financial firms. The Fed will help by supervising the largest financial firms.
  • Swaps: Banks will spin off only their riskiest derivatives trading operations.
  • Consumer Financial Protection Bureau: The Federal Reserve will now make rules and have power over banks and non-banks that offer consumer financial products or services such as credit cards, mortgages and other loans. Autos lobbied and won an exception. What consumer uses those anyway?
  • Bank Capital: Large bank holding companies can no longer spin and treat trust-preferred securities as Tier 1 capital.
  • Deposit Insurance: Got more than $100,000 but less than $250,000 in the bank? Congrats! You’re insured because federal deposit insurance for banks, thrifts, and credit unions has been permanently increased to $250,000.
  • Credit Rating Agencies: The abettors of the financial crisis — Fitch, S&P (NYSE: MHP), and Moody’s (NYSE: MCO) — are now going to have some oversight. A new quasi-government entity will address conflicts of interest inherent in the credit-rating business. And lawyers will be happy to know investors can sue credit-rating agencies for a “knowing or reckless” failure to conduct a reasonable investigation. Agencies are now also subject to fines and deregistration if they provide too many bad ratings.
  • Hedge Funds: The party is over. Hedge funds and private equity funds are now required to register with the SEC as investment advisers and provide information on trades to help regulators monitor systemic risk. So much for cousin Vinnie’s new fund.

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Posted in The Scoop, Washington & Wall St.Comments (0)

Your Cheat Sheet to President Obama’s Energy Speech


Last night, President Obama addressed the nation to quell fears about the oil spill and our nation’s energy policy. If you missed it, here’s your Cheat Sheet:

  • On April 20th, an explosion ripped through BP’s (NYSE: BP) Deepwater Horizon drilling rig (NYSE: RIG), about forty miles off the coast of Louisiana.
  • Because there has never been a leak of this size at this depth, stopping it has tested the limits of human technology.
  • Already, this oil spill is the worst environmental disaster America has ever faced … one that we will be fighting for months and even years.
  • We now have nearly 30,000 personnel who are working across four states to contain and cleanup the oil. Thousands of ships and other vessels are responding in the Gulf. And I have authorized the deployment of over 17,000 National Guard members along the coast.
  • Millions of gallons of oil have already been removed from the water through burning, skimming, and other collection methods. Over five and a half million feet of boom has been laid across the water to block and absorb the approaching oil. We have approved the construction of new barrier islands in Louisiana to try and stop the oil before it reaches the shore, and we are working with Alabama, Mississippi, and Florida to implement creative approaches to their unique coastlines.
  • Oil has already caused damage to our coastline and its wildlife. And sadly, no matter how effective our response becomes, there will be more oil and more damage before this siege is done.
  • The Gulf economy is now in jeopardy.
  • BP is to set aside whatever resources are required to compensate the workers and business owners who have been harmed as a result of his company’s recklessness.
  • I have established a National Commission to understand the causes of this disaster and offer recommendations on what additional safety and environmental standards we need to put in place.
  • I have issued a six-month moratorium on deepwater drilling.
  • The Minerals Management Service will now be overseen by Michael Bromwich, who was a tough federal prosecutor and Inspector General. His charge over the next few months is to build an organization that acts as the oil industry’s watchdog -- not its partner.
  • We consume more than 20% of the world’s oil, but have less than 2% of the world’s oil reserves.
  • Countries like China are investing in clean energy jobs and industries that should be here in America.
  • Each day, we send nearly $1 billion of our wealth to foreign countries for their oil.
  • We must now make the investments necessary to quicken the transition from fossil fuels to clean energy. It is an expensive transition, but a long term investment.

If you want the political rhetoric and inspirational stuff, here is the full text of the speech:

Good evening. As we speak, our nation faces a multitude of challenges. At home, our top priority is to recover and rebuild from a recession that has touched the lives of nearly every American. Abroad, our brave men and women in uniform are taking the fight to al Qaeda wherever it exists. And tonight, I’ve returned from a trip to the Gulf Coast to speak with you about the battle we’re waging against an oil spill that is assaulting our shores and our citizens.

On April 20th, an explosion ripped through BP’s (NYSE: BP) Deepwater Horizon drilling rig (NYSE: RIG), about forty miles off the coast of Louisiana. Eleven workers lost their lives. Seventeen others were injured. And soon, nearly a mile beneath the surface of the ocean, oil began spewing into the water.

Because there has never been a leak of this size at this depth, stopping it has tested the limits of human technology. That is why just after the rig sank, I assembled a team of our nation’s best scientists and engineers to tackle this challenge -- a team led by Dr. Steven Chu, a Nobel Prize-winning physicist and our nation’s Secretary of Energy. Scientists at our national labs and experts from academia and other oil companies have also provided ideas and advice.

As a result of these efforts, we have directed BP to mobilize additional equipment and technology. In the coming days and weeks, these efforts should capture up to 90% of the oil leaking out of the well. This is until the company finishes drilling a relief well later in the summer that is expected to stop the leak completely.

Already, this oil spill is the worst environmental disaster America has ever faced. And unlike an earthquake or a hurricane, it is not a single event that does its damage in a matter of minutes or days. The millions of gallons of oil that have spilled into the Gulf of Mexico are more like an epidemic, one that we will be fighting for months and even years.

But make no mistake: we will fight this spill with everything we’ve got for as long it takes. We will make BP pay for the damage their company has caused. And we will do whatever’s necessary to help the Gulf Coast and its people recover from this tragedy.

Tonight I’d like to lay out for you what our battle plan is going forward: what we’re doing to clean up the oil, what we’re doing to help our neighbors in the Gulf, and what we’re doing to make sure that a catastrophe like this never happens again.

First, the cleanup. From the very beginning of this crisis, the federal government has been in charge of the largest environmental cleanup effort in our nation’s history -- an effort led by Admiral Thad Allen, who has almost forty years of experience responding to disasters. We now have nearly 30,000 personnel who are working across four states to contain and cleanup the oil. Thousands of ships and other vessels are responding in the Gulf. And I have authorized the deployment of over 17,000 National Guard members along the coast. These servicemen and women are ready to help stop the oil from coming ashore, clean beaches, train response workers, or even help with processing claims -- and I urge the governors in the affected states to activate these troops as soon as possible.

Because of our efforts, millions of gallons of oil have already been removed from the water through burning, skimming, and other collection methods. Over five and a half million feet of boom has been laid across the water to block and absorb the approaching oil. We have approved the construction of new barrier islands in Louisiana to try and stop the oil before it reaches the shore, and we are working with Alabama, Mississippi, and Florida to implement creative approaches to their unique coastlines.

As the clean up continues, we will offer whatever additional resources and assistance our coastal states may need. Now, a mobilization of this speed and magnitude will never be perfect, and new challenges will always arise. I saw and heard evidence of that during this trip. So if something isn’t working, we want to hear about it. If there are problems in the operation, we will fix them.

But we have to recognize that despite our best efforts, oil has already caused damage to our coastline and its wildlife. And sadly, no matter how effective our response becomes, there will be more oil and more damage before this siege is done. That’s why the second thing we’re focused on is the recovery and restoration of the Gulf Coast.

You know, for generations, men and women who call this region home have made their living from the water. That living is now in jeopardy. I’ve talked to shrimpers and fishermen who don’t know how they’re going to support their families this year. I’ve seen empty docks and restaurants with fewer customers -- even in areas where the beaches are not yet affected. I’ve talked to owners of shops and hotels who wonder when the tourists will start to come back. The sadness and anger they feel is not just about the money they’ve lost. It’s about a wrenching anxiety that their way of life may be lost.

I refuse to let that happen. Tomorrow, I will meet with the chairman of BP and inform him that he is to set aside whatever resources are required to compensate the workers and business owners who have been harmed as a result of his company’s recklessness. And this fund will not be controlled by BP. In order to ensure that all legitimate claims are paid out in a fair and timely manner, the account must and will be administered by an independent, third party.

Beyond compensating the people of the Gulf in the short-term, it’s also clear we need a long-term plan to restore the unique beauty and bounty of this region. The oil spill represents just the latest blow to a place that has already suffered multiple economic disasters and decades of environmental degradation that has led to disappearing wetlands and habitats. And the region still hasn’t recovered from Hurricanes Katrina and Rita. That’s why we must make a commitment to the Gulf Coast that goes beyond responding to the crisis of the moment.

I make that commitment tonight. Earlier, I asked Ray Mabus, the Secretary of the Navy, a former governor of Mississippi, and a son of the Gulf, to develop a long-term Gulf Coast Restoration Plan as soon as possible. The plan will be designed by states, local communities, tribes, fishermen, businesses, conservationists, and other Gulf residents. And BP will pay for the impact this spill has had on the region.

The third part of our response plan is the steps we’re taking to ensure that a disaster like this does not happen again. A few months ago, I approved a proposal to consider new, limited offshore drilling under the assurance that it would be absolutely safe -- that the proper technology would be in place and the necessary precautions would be taken.

That was obviously not the case on the Deepwater Horizon rig, and I want to know why. The American people deserve to know why. The families I met with last week who lost their loved ones in the explosion -- these families deserve to know why. And so I have established a National Commission to understand the causes of this disaster and offer recommendations on what additional safety and environmental standards we need to put in place. Already, I have issued a six-month moratorium on deepwater drilling. I know this creates difficulty for the people who work on these rigs, but for the sake of their safety, and for the sake of the entire region, we need to know the facts before we allow deepwater drilling to continue. And while I urge the Commission to complete its work as quickly as possible, I expect them to do that work thoroughly and impartially.

One place we have already begun to take action is at the agency in charge of regulating drilling and issuing permits, known as the Minerals Management Service. Over the last decade, this agency has become emblematic of a failed philosophy that views all regulation with hostility -- a philosophy that says corporations should be allowed to play by their own rules and police themselves. At this agency, industry insiders were put in charge of industry oversight. Oil companies showered regulators with gifts and favors, and were essentially allowed to conduct their own safety inspections and write their own regulations.

When Ken Salazar became my Secretary of the Interior, one of his very first acts was to clean up the worst of the corruption at this agency. But it’s now clear that the problems there ran much deeper, and the pace of reform was just too slow. And so Secretary Salazar and I are bringing in new leadership at the agency -- Michael Bromwich, who was a tough federal prosecutor and Inspector General. His charge over the next few months is to build an organization that acts as the oil industry’s watchdog -- not its partner.

One of the lessons we’ve learned from this spill is that we need better regulations better safety standards, and better enforcement when it comes to offshore drilling. But a larger lesson is that no matter how much we improve our regulation of the industry, drilling for oil these days entails greater risk. After all, oil is a finite resource. We consume more than 20% of the world’s oil, but have less than 2% of the world’s oil reserves. And that’s part of the reason oil companies are drilling a mile beneath the surface of the ocean — because we’re running out of places to drill on land and in shallow water.

For decades, we have known the days of cheap and easily accessible oil were numbered. For decades, we have talked and talked about the need to end America’s century-long addiction to fossil fuels. And for decades, we have failed to act with the sense of urgency that this challenge requires. Time and again, the path forward has been blocked -- not only by oil industry lobbyists, but also by a lack of political courage and candor.

The consequences of our inaction are now in plain sight. Countries like China are investing in clean energy jobs and industries that should be here in America. Each day, we send nearly $1 billion of our wealth to foreign countries for their oil. And today, as we look to the Gulf, we see an entire way of life being threatened by a menacing cloud of black crude.

We cannot consign our children to this future. The tragedy unfolding on our coast is the most painful and powerful reminder yet that the time to embrace a clean energy future is now. Now is the moment for this generation to embark on a national mission to unleash American innovation and seize control of our own destiny.

This is not some distant vision for America. The transition away from fossil fuels will take some time, but over the last year and a half, we have already taken unprecedented action to jumpstart the clean energy industry. As we speak, old factories are reopening to produce wind turbines, people are going back to work installing energy-efficient windows, and small businesses are making solar panels. Consumers are buying more efficient cars and trucks, and families are making their homes more energy-efficient. Scientists and researchers are discovering clean energy technologies that will someday lead to entire new industries.

Each of us has a part to play in a new future that will benefit all of us. As we recover from this recession, the transition to clean energy has the potential to grow our economy and create millions of good, middle-class jobs -- but only if we accelerate that transition. Only if we seize the moment. And only if we rally together and act as one nation -- workers and entrepreneurs; scientists and citizens; the public and private sectors.

When I was a candidate for this office, I laid out a set of principles that would move our country towards energy independence. Last year, the House of Representatives acted on these principles by passing a strong and comprehensive energy and climate bill -- a bill that finally makes clean energy the profitable kind of energy for America’s businesses.

Now, there are costs associated with this transition. And some believe we can’t afford those costs right now. I say we can’t afford not to change how we produce and use energy — because the long-term costs to our economy, our national security, and our environment are far greater.

So I am happy to look at other ideas and approaches from either party — as long they seriously tackle our addiction to fossil fuels. Some have suggested raising efficiency standards in our buildings like we did in our cars and trucks. Some believe we should set standards to ensure that more of our electricity comes from wind and solar power. Others wonder why the energy industry only spends a fraction of what the high-tech industry does on research and development — and want to rapidly boost our investments in such research and development.

All of these approaches have merit, and deserve a fear hearing in the months ahead. But the one approach I will not accept is inaction. The one answer I will not settle for is the idea that this challenge is too big and too difficult to meet. You see, the same thing was said about our ability to produce enough planes and tanks in World War II. The same thing was said about our ability to harness the science and technology to land a man safely on the surface of the moon. And yet, time and again, we have refused to settle for the paltry limits of conventional wisdom. Instead, what has defined us as a nation since our founding is our capacity to shape our destiny -- our determination to fight for the America we want for our children. Even if we’re unsure exactly what that looks like. Even if we don’t yet know precisely how to get there. We know we’ll get there.

It is a faith in the future that sustains us as a people. It is that same faith that sustains our neighbors in the Gulf right now.

Each year, at the beginning of shrimping season, the region’s fishermen take part in a tradition that was brought to America long ago by fishing immigrants from Europe. It’s called “The Blessing of the Fleet,” and today it’s a celebration where clergy from different religions gather to say a prayer for the safety and success of the men and women who will soon head out to sea — some for weeks at a time.

The ceremony goes on in good times and in bad. It took place after Katrina, and it took place a few weeks ago — at the beginning of the most difficult season these fishermen have ever faced.

And still, they came and they prayed. For as a priest and former fisherman once said of the tradition, “The blessing is not that God has promised to remove all obstacles and dangers. The blessing is that He is with us always,” a blessing that’s granted “…even in the midst of the storm.”

The oil spill is not the last crisis America will face. This nation has known hard times before and we will surely know them again. What sees us through -- what has always seen us through -- is our strength, our resilience, and our unyielding faith that something better awaits us if we summon the courage to reach for it. Tonight, we pray for that courage. We pray for the people of the Gulf. And we pray that a hand may guide us through the storm towards a brighter day. Thank you, God Bless You, and may God Bless the United States of America.

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Solar and Oil in Play Ahead of Obama’s Address to the Nation


I’m having deja vu from when Obama first took office. Every speech was a trading event.

Tonight, President Obama will address the nation in an attempt to restore the public’s confidence in our energy policy and … oh yeah, that little BP (NYSE: BP) oil spill in the Gulf. Rather than worry about the nonsensical rhetoric which will obviously diverge greatly from the reality of fossil fuel risks and immature alternative energies, let’s just look at some cool charts which may be of interest for the rest of today and tomorrow after the speech hits the print media:

BP Takes a Spill

First Solar (Nasdaq: FSLR) Trying to Gain Footing

JA Solar (Nasdaq: JASO) Trying to Rise Over the Horizon

Transocean (NYSE: RIG) Stumbling Out of the Explosion

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Top Constitutional Law Expert Erwin Chemerinsky: The New Health Care Law is Clearly Constitutional


Let the litigation begin! Attorney generals from 13 states are suing the Federal Government to challenge the new health care law signed by President Obama. The lawsuit argues:

“The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying health care coverage.”

I reached out to leading Constitutional Law authority Erwin Chemerinsky at UC Irvine School of Law to get some insight into whether the States have a legitimate case …

Damien Hoffman: Dean Chemerinsky, is the new health care law constitutional?

Erwin Chemerinsky: I think that it is clearly constitutional. The main argument against it is that it does not fit within Congress’s powers.

Under the commerce clause, in Article I, section 8, Congress can regulate economic activity that has a substantial effect on interstate commerce. Buying health insurance is economic activity. Looked at cumulatively across the country there is an enormous effect on the economy. The “necessary and proper clause” gives Congress the power to enforce this. Besides, Congress surely could tax everyone to pay for health care. Congress then could tax those who do not purchase health insurance.

Underlying this is some notion of a right to not buy health insurance. No such right exists; nor has any right been recognized that is remotely relevant. This is economic activity and since 1937 it has been clear that Congress can regulate economic activity so long as it acts reasonably. Everyone will likely need medical care at some point. Congress can require that all pay for it.

Damien: Thank you very much for these initial insights.

Chemerinsky: Your welcome.

Do you think the new health care law is constitutional? Let us know in the comments below …

Posted in Brightest Minds, Buzz, Interviews, The KnowledgeComments (33)

Will New Economic Aid Save the Middle-Class?


This Wednesday, President Obama will broadcast his message from the most visible area of the bully pulpit: the State of the Union address. The AP reports President Obama will unveil a new economic aid package including:

“[A] doubling of the child care tax credit for families earning under $85,000; a $1.6 billion increase in federal funding for child care programs and a program to cap student loan payments at 10 percent of income above “a basic living allowance.” The initiatives will be part of the president’s proposed budget for fiscal year 2011.

His initiatives also include expanding tax credits to match retirement savings and increasing aid for families taking care of elderly relatives. That program would also require many employers to provide the option of a workplace-based retirement savings plan.”

Are these new packages aimed at helping the struggling underemployed, or are they simply political bait to ward off a Republican surge in the upcoming midterm elections? Either way, these new programs represent a new wave of subsidies to continue propping up the economy in the short term.

Readers who liked this post also enjoyed these articles:

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Posted in Damien Hoffman Scoop, Featured, The Scoop, Washington & Wall St.Comments (0)

SNL: US-China Relations


The underlying reality is not funny, but this gets to the point:

Readers who liked this also enjoyed these posts:

China to US: Is That a Hedge or Are You Just Happy to See Me?

US-China Relations: Getting Beyond Political Rhetoric

Posted in Satire, The ScoopComments (1)


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