Principles for Financial Regulation
The economic crisis has made it clear that we must modernize and reform our financial regulatory structure. I am committed to effective regulation that strengthens consumer and investor protections and promotes market stability and transparency. As Congress considers comprehensive regulatory reform, I support the following principles developed by the New Democrat Coalition:
Efficient and Effective Regulation
- Create a systemic risk regulator that can monitor systemically important institutions and their counterparties to mitigate the risk of systemic collapse.
- Reduce redundant regulatory structures in exchange for robust regulatory oversight.
- Ensure oversight over new financial instruments that currently do not have regulatory oversight.
- Require regulators to use prudential supervision to proactively work with those they regulate to prevent violations and keep communication lines open to better monitor efficacy and unintended consequences.
- Increase coordination and communication between federal regulators through expansion of the President’s Working Group on the Financial Markets to include all federal financial regulators.
- Modernize the regulation and oversight of the insurance industry to ensure adequate information and a consolidated U.S. position in international trade discussions.
Market Stability and Transparency
- Reform how regulators evaluate capital requirements when using fair value accounting values (mark to market) on hold to maturity assets in a temporarily impaired market.
- Prohibit excessive leverage on debt and derivative instruments by requiring necessary capital reserves to prevent against the potential risk of default.
- Create a countercyclical mechanism to temper extreme market fluctuations.
- Support measures to prohibit manipulation that can lead to extreme fluctuations in securities prices that could destabilize fair and orderly markets.
- Support open exchanges and price disclosure to increase transparency in opaque markets like the credit default swaps market
- Require lenders to hold a small percentage of loans in a first loss position to ensure originators retain some stake in the loans they underwrite.
- Conduct a thorough review of rating agencies’ methodologies, models and compensation structures to ensure that ratings are accurate and not subject to conflict.
- Hold Treasury accountable to regularly collect data from all federal sources that receive financial data from recipients of TARP funds.
Robust Consumer and Investor Protection
- Aggressively pursue a multi-tiered strategy that prevents unnecessary foreclosures for credit worthy borrowers while protecting taxpayers and preserving the moral hazard principle.
- Work towards reintroduction of mortgage reform legislation and pass into law.
- Ensure that credit is available and appropriate for consumers through strengthened oversight and regulation of predatory loans while protecting businesses’ ability to price for risk.
- Hold federal financial regulators accountable for enforcement of consumer and investor protections.
- Protect and continue to encourage simpler disclosure of status and terms and conditions of Americans’ retirement and investment accounts.
- Reduce incentives for excessive risk taking and improve corporate governance by empowering shareholders.
- Increase fraud prevention efforts.




