It does appear that Elizabeth Warren has the inside track to getting the position as director of the Consumer Financial Protection Bureau. We know that bureau, as part of the Dodd-Frank bill, lives inside the Federal Reserve, albeit with an independent budget and a (mostly) independent rulemaking authority.
However, at the outset, the bureau comes under the auspices of the Treasury Department. They will be responsible for its initial design and organization, before transferring it over to the Federal Reserve, probably in about a year (in the meantime, the Fed retains consumer protection powers). And reports are that Treasury has already begun that design and organizational process.
Officially, this process is informal. Treasury spokesman Erika Gudmundson maintained that the department is “talking about” staffing up at CFPB, and isn’t sure about the timeline for naming an interim director. There is some coordination going on between Treasury, the Federal Reserve, and other affected agencies.
However, a source tells FDL News that Geithner is working on this process with Elizabeth Duke, a member of the Federal Reserve Board of Governors. Duke is a former community banker and the past head of the American Bankers Association, a trade lobby group. She served on the ABA’s board of directors from 1999 to 2006. The ABA opposed the Dodd-Frank bill almost entirely because of the Consumer Financial Protection Bureau.
What’s more, Duke herself specifically opposed an independent agency in July 2009 testimony, and endorsed keeping the responsibility for consumer protection in the Federal Reserve. In fact, she went further, promoting the Fed’s consumer protection prowess despite the agency having missed the housing bubble and the predatory lending that enabled it.
The Federal Reserve Board believes that that consumer protection is vitally important to the strength of the economy and to maintaining financial stability. Our four decades of experience have provided us with a core competency in this area. We are proud of our many significant accomplishments, which attest to the importance that the Board attaches to its consumer protection mission. Accordingly, as Congress considers legislation to reorganize agency functions with regard to consumer protection, one option that might be considered would be to retain the Federal Reserve’s consumer protection responsibilities, and consider additional policies to strengthen and further reinforce our accountability going forward. Along these lines, I would like to offer some suggestions for how this could be accomplished.
First, as I mentioned previously, Congress could formally codify consumer protection as a core mission or responsibility for the Federal Reserve, similar to monetary policy and banking supervision and regulation. This would provide a clear and ongoing understanding that consumer protection matters should be viewed as an integral part of the Federal Reserve’s overall mission.
Second, Congress could require the Chairman of the Federal Reserve Board to report periodically regarding the “state of consumer protection,” in the financial services industry, similar to the semiannual monetary policy report to the Congress. Such reporting could include a comprehensive review of the Federal Reserve’s actions taken to strengthen consumer protection, the results of regulatory sufficiency reviews (as described below) and planned future actions to address potentially unfair and deceptive acts and practices, a review of enforcement actions, studies of consumer finances, availability of financial services especially in underserved areas, or other matters as requested by the Congress.
Third, we plan to conduct periodic sufficiency reviews of consumer regulations and policies. These reviews will consider emerging trends in consumer financial services, whether existing regulations are adequate for protecting consumers, and will identify those areas in which new consumer protection measures are needed. We will develop a process that includes regional public hearings in Washington, D.C. and at several of the Federal Reserve Banks. The hearings will be held every two years to gather information on consumer issues and risks–similar to the process required by the Credit CARD Act of 2009. As we envision this process, the Federal Reserve’s Consumer Advisory Council would assist in preparing the agenda, and its members would participate in the hearings, as appropriate. The findings and recommendations would be reported to Congress [...]
We believe that replicating in another agency the deep expertise and full array of functions embedded within the Federal Reserve and used to support our consumer protection program would be enormously challenging.
This was all she wanted to do. Duke did not favor an independent agency, or even a bureau inside the Fed with an independent director and budget and (mostly) rulemaking authority. She thought that the Fed was generally doing quite a good job with consumer protection, and that a few tweaks here and there would sew it up.
If the reports I’m getting are true, this is the woman dealing with staffing up and organizing the Consumer Financial Protection Agency, before the director gets a chance.
The Federal Reserve has not yet returned comment regarding Elizabeth Duke’s role.
This is crucially important. There’s a lot someone in power can do to mess with a federal agency at the outset. You can hire some staffers not committed to the agency’s goals, or give them poor working conditions, or any number of things. Then the new director comes in and is immediately faced with a turf war. If a community banker dismissive of consumer protections ends up setting the vision for the consumer protection bureau, it could slow its progress out of the gate. If the Department where the agency originates is more concerned with “extend and pretend” – letting the banks get out of trouble by earning their way past the bad loans on their books, in part through inundating consumers with higher fees on their products – then that worldview of the banks being more important than the people can get embedded into the agency.
I’ve heard conflicting reports on this – including that the lead staffer setting up CFPB worked previously at the Center for Responsible Lending. And given how the President and the Treasury saved the CFPB from peril over and over again during the FinReg debate, they may be plenty committed to its successful operation. So this could be nothing. But if the mission of the CFPB conflicts with the goals of letting the banks earn their way out of insolvency, that could present problems. Especially if those involved are more concerned with saving the banks.
The easy way out of this is to not only nominate Elizabeth Warren, but to without delay name her to the position of interim director by hiring her at Treasury. This requires no Senate confirmation for an indefinite period.



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Does Obama have authority to designate someone other than Geithner as interim director? My reading of the law is that Geithner is the interim director.
Anyway, the obvious path is a recess appointment ASAP before Republicans get a chance to whip up the teabaggers over it.
The authority isn’t with Obama, I believe it is with Geithner to name an interim director (it doesn’t have to be him). I would think the President would have some influence over that decision if he wanted it.
The beauty of gutting a new organization from the inside – via helping to frame its operating rules, its budget, its personnel decisions and priorities – is that it goes largely unseen by the public and has become a fait accompli before it hears about the questions that such framing answers. It would be as if Obama had successfully appointed Dawn Johnsen to head the OLC, only for her to find that its principal work had been outsourced to the White House Counsel’s Office.
It also allows the politicians who determine such framing to pretend they had nussink to do with it, that it was all done by some fictional, nameless, faceless bureaucracy, the kind that David Brooks loves to harrumph about, when in truth, it is those politicians and their business patrons (Geithner, Summers, Rahm, Obama and Goldman) who would determine what that bureaucracy would do from the start.
Geithner and his patrons haven’t changed their opinion of Warren or their opposition to what she presents – a consumer-oriented regulator in a federal financial bureaucracy wholly under the sway of Goldman Scratch and its banking colleagues. Geithner, as the gofer in this scenario, must still either torpedo Warren’s nomination or give her nothing to work with.
The object of this exercise is not to piss on Warren, though I imagine Geithner would relish it; it’s to torpedo credible consumer financial protection from predatory banking practices.
“Will the CFPB Get Gutted Before It Even Starts?”
Is this a trick question? Geitner already said he didn’t want her. So if he now says she’s ok, then he already has a plan to make her ineffective.
After emancipation it took 100 years for Civil Rights Legislation to address systemic racism. Legal protection for citizens from abusive corporations is long overdue but will never withstand the lobbyists relentless attempt to game the game! The undue influence of corporate money on some elected aristocrats in the Senate precludes real progress to liberate Americans from powerful monopolies whose “cash cows” arguably undermine liberty. Meanwhile tight money policies stifle innovation and competition concerning energy and transportation which would provides better economic value and jobs for the gutted consumers, to protect “liberty extraction corporations?” Gutted consumer protection is a given. Like the “Little guys,” to be compensated by the Banks, Businesses and Politicians after having their Parishes intentionally flooded to save New Orleans from obliteration, in The Great Mississippi Basin Flood of 1927! Talk about textbook scum buggery! A lot has not changed……
Feingold was right. This is a chess game where winning was losing.
Real central banking & economic policy reform is still Born again
Elizabeth Warren’s appointment to head CFPB only means that we’ll be watching another PBS Frontline ten years from now like this one:
The Warning
Greenspan, Paulson, Rubin, Geithner, Summers, Graham etal. are immunized within a system that exemplifies the maxim — only crime pays.
I suspected that there was already efforts to fastrack the setup of the CFPB. Just because somebody is working on it doesn’t mean they are the only ones working on it. And I suspect there a bunch more cooks in the kitchen, and Warren is one of them. I also suspect that Warren has the bureaucratic infighting skills to take care of herself.
Keep digging on this David. This is invaluable information. And it should be transparent. There are a lot of administrative issues in setting up a bureau with a larger organization that have to be dealt with. Having a member of the Fed Board of Governors might have to do with dealing with some of those issues since, as I understand it, the CFPB will be a bureau within the Fed. And having a community banker instead of a Wall Street banker is preferable regardless of her opinion of the legislation. And no doubt, the director of the CFPB will not be a free agent but must report to the Board of Governors. And there is the question of where in the Fed organization chart the bureau will be located.
It would be interesting to know what staff positions are being hired. Typically, they would include PR, finance, IT, and counsel, and associated administrative staff at the start of agency setup. Most likely the IT work will be contracted out to one of the federal data centers owned by the feds but staffed by contractors and tasked by the feds.
The tasks that are going on now probably relate more to process than the content of regulations. And the operating processes in the bureau and oversight relationships with the Fed bureaucracy would be one of the means by which the bureau could be constrained.
It is difficult to read what is going on just from a name and the Congressional testimony associated with that name. The effort will involve more than three people, and the lower level staff will shape the bureau as much or more than the leadership (depending on the leadership’s political skill). No doubt with Warren’s limited executive experience, should she be named there will be staffers who try to reverse delegate and control her agenda. My guess is they are not likely to succeed.
Now we have two new things to watch — the development of healthcare reform regulations and the implementation of the CFPB.
Rahm will win.
Let’s not pass the buck too much on this one. I’m plenty sick of that after the whole Sherrod affair.
Obama’s going to get exactly who he wants. Why? Because the guy that can call you up and demand your resignation letter at any time gets what he wants.
watertiger is upstairs!
Late Night: As the Gander Eyed the Sauce-Laden Goose
This is straight out of the Bush playbook. If it was a regulatory agency, he would find someone who hated regulation or was from the industry being regulated. Basically, someone who was against exactly what the agency had been created to do. It just goes to show how similar the two Administrations are. Any progressive who supports Obama and the Democrats is effectively espousing the same causes that they spent the Bush years castigating. We need to break with the Democrats completely and definitively. Anything else is complicity.
As one MSM rag has already said, the banking industry and its pool boy, Tim Geithner, hate Elizabeth Warren not because she doesn’t get it, but because she does.
Ms. Warren would make a fearsome, because knowledgeable and dedicated, pro-consumer regulator. Banking and business lobbyist thought they had spayed, neutered and put them all to sleep over the past twenty years. They’d welcome Ms. Warren like a mouse convention would welcome a hungry new alley cat.
Worse, from the perspective of the Chamber of Commerce, and not just the banking lobbyists on K Street and their clients on Wall Street, is that she might do the unthinkable: resurrect the notion that a pro-consumer agency ought to be pro-consumer, and be staffed by those who believe in its mission and work hard to implement it. She would resurrect the idea that government can and ought to be effective at something besides outsourcing its functions at high cost to the private sector.
C’mon: “a source tells FDL News….”
A source? I can get that crap in the Post or on NPR any day of the week.
I love your stuff, but let’s give readers some indication of why this person merits anonymity, and as much indication of who they are and why we should consider them credible without exposing them.
There are two parts to using an anonymous source responsibly. First, as much description up front as safely possible:
“A congressional source…”
“A Democratic congressional source…”
“An Administration source…”
“A white house source….”
“A Treasury source…”
“A senior Treasury source…”
“A banking industry executive….”
“A lobbyist….”
“A member of Geithner’s household….”
Second, tell us why they are anonymous as specifically as possible. “…who refused to speak on the record because s/he was not authorized to speak,” or “…because they feared retribution from their boss…” or whatever.
Otherwise, this is MSM redux.
Nice point.
Given the types of appointments Obama has made regarding matters involving the Tresury and economic policy, it seems to fit the pattern. I would not discount it on some ideal notion of sourcing.
Could be a repeat of the Lew Fowler appointment. In the Fowler case I think she was put in to act as the corporate insider and brake on Jay Angoff who is official lead, and who does have a righteous background. Probably same thing here. Warren gets the nod but must live in the house built by Duke and Timmy. If they hire Warren’s staff for her, you know the fix is in.
Just speculating but the White House may be trying to put Warren in an impossible situation where she must refuse the nomination, and the White House gets to look good on nominating such a popular figure, but have her go away or if she accepts, be toothless.
This is precisely the playbook I predicted:
* Gut the CFPB, render it toothless.
* Appoint Warren — a strong progressive — to head the (now powerless) agency
* Tell progressives to get in line and march, come November, because “see, we gave you Warren!”
If it weren’t so depressingly transparent that it will work (we’ll get more speeches on “the perfect being the enemy of the good,” mark my words…), it would be brilliant.
Clinton in 2012 !
Enough.
As she said in the campaign, Obama does not have the experience.
As we’ve learned since the election, Obama does not have advisors who put the common welfare way below corporate welfare.
Pity America during the next two years.