Airplane crashes and financial crashes

by Russ Roberts on November 16, 2009

in Financial Markets

This is the opening of my essay that I blogged on last week, “How Little We Know,” on the hopes for financial reform:

When an airplane crashes, expert investigators probe the cause of the crash. Their analysis can lead to changes in aircraft design, flight procedures, and regulations in hopes of reducing the likelihood of a crash in the future. The growth of knowledge in the airline industry has been extremely productive. Between 1989 and 2008, there was a seven-fold reduction in the probability of a fatal crash.

There is a natural tendency for economists (and even for normal people) to presume that similar analytical techniques can be applied to financial crashes. After all, economists presumably know more than we did in the past. We have ever more data and ever more sophisticated techniques for analyzing the data. Yet there is no evidence to suggest that financial market regulation is more effective than in the past. If anything, the opposite appears to be the case.

You can download it here at The Economists’ Voice. I think it requires an institutional subscription, but evidently astute readers have found ways to get it.

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  • muirgeo
    Oh and regarding airplane crashes and flight safety...thanks to those government FAA bureaucrats that do such a good job. The Fed, the Treasury and the SEC needs similar objective bureaucrats.
  • indianajim
    No, as I posted below the NTSB has demonstrated a blindness to the fact that delays kill, delays resulting from NOT allocating landing slot via profit motive. Why thank bureaucrats who are blind to the hazards of allocating scarce landing slots by non-market mechanisms?
  • muirgeo
    Oh and regarding airplane crashes and flight safety...thanks to those government FAA bureaucrats that do such a good job. The Fed, the Treasury and the SEC needs similar objective bureaucrats.
  • muirgeo
    The economic equivalent to a defective bolt on the planes vertical stabilizer are complex financial products. This fact takes far less investigation then most FAA investigations. There is absolutely no need for these products. Get rid of them and this won't happen again. You want a casino go to Vegas. You want to earn money in finance you're going to do it by actually being productive and not just a clever jack ass.
  • indianajim
    This analogy is useless because what is complex is undefined? Complex to a novice is simplicity to a professional. And where does the complexity derive from? If it derives from government regulations, then you may be on to something, but again your loose analogy is just smoke without more specificity.
  • indianajim
    Russ,

    The FAA and NTSB (National Transportation Safety Board) "experts", on the occassion of the crash of American Eagle 4184 that killed all 68 aboard some year back, concluded that "wing icing" was the cause. This was rather like saying that a bullet is the cause of death if a drive by shooting occurrs. Flight 4184 was in a prolonged "holding pattern" due to traffic congestion on a Friday evening at an airport that allocates landing space on criteria other than profit motive. "Experts" who ignore the pricing of landing slots/times in airplane crashes involving delayed landing risk missing the forest for the trees as the surely did in the sad case of Flight 4184.
  • MichaelSmith
    In an absolutely stunning discovery, investigators seeking to understand the causes of the U.S. financial crises of 2008 have discovered that President Bush and the Republican-dominated U. S. Congress have secretly deregulated the banking industry.

    To deregulate banking, the following legislation was repealed:

    The Federal Reserve Act of 1913

    Emergency Banking Relief Act of 1933

    Banking Act of 1935

    Federal Deposit Insurance Act of 1950

    Bank Holding Company Act of 1956

    Fair Housing Act of 1968

    Equal Credit Opportunity Act of 1974

    Home Mortgage Disclosure Act of 1975

    Community Reinvestment Act of 1977

    International Banking Act of 1978

    Financial Institutions Regulatory and Interest Rate Control Act of 1978

    Depository Institutions Deregulation and Monetary Control Act of 1980

    Depository Institutions Act of 1982

    Competitive Equality Banking Act of 1987

    Financial Institutions Reform, Recovery, and Enforcement Act of 1989

    National Affordable Housing Act of 1990

    Crime Control Act of 1990

    Federal Deposit Insurance Corporation Improvement Act of 1991

    Housing and Community Development Act of 1992

    RTC Completion Act of 1993

    Community Development and Regulatory Improvement Act of 1994

    Riegle Community Development and Regulatory Improvement Act of 1994

    Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994

    Economic Growth and Regulatory Paperwork Reduction Act of 1996

    Gramm-Leach-Bliley Act of 1999
    .
    International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

    Sarbanes-Oxley Act of 2002

    Fair and Accurate Credit Transactions Act of 2003

    American Dream Down Payment Act of 2003

    The repeal of these laws has meant the repeal of countless rules and regulations promulgated by the agencies created by these laws. A partial list of some of the banking rules and regulations that were lifted by these repeals follows:

    Federal Deposit Insurance Corporation Rules And Regulations

    303 Filing Procedures
    304 Forms, Instructions, and Reports
    305 [Reserved]
    306 [Reserved]
    307 Certification of Assumption of Deposits and Notification of Changes of Insured Status
    308 Rules of Practice and Procedure
    309 Disclosure of Information
    310 Privacy Act Regulations
    311 Rules Governing Public Observation of Meetings of the Corporation's Board of Directors
    313 Procedures for Corporate Debt Collection
    323 Appraisals
    324 [Reserved]
    325 Capital Maintenance
    326 Minimum Security Devices and Procedures and Bank Secrecy Act Compliance
    327 Assessments
    328 Advertisement of Membership
    329 Interest on Deposits
    330 Deposit Insurance Coverage
    331 [Reserved]
    332 Privacy of Consumer Financial Information
    333 Extension of Corporate Powers
    334 Fair Credit Reporting
    335 Securities of Nonmember Insured Banks
    336 FDIC Employees
    337 Unsafe and Unsound Banking Practices
    338 Fair Housing
    339 Loans in Areas Having Special Flood Hazards
    340 Restrictions on Sale of Assets by the Federal Deposit Insurance Corporation
    341 Registration of Securities Transfer Agents
    342 [Reserved]
    343 Consumer Protection in Sales of Insurance
    344 Recordkeeping and Confirmation Requirements for Securities Transactions
    345 Community Reinvestment
    346 Disclosure and Reporting of CRA-Related Agreements
    347 International Banking
    348 Management Official Interlocks
    349 [Reserved]
    350 Disclosure of Financial and Other Information by FDIC-Insured State Nonmember Banks
    351 [Reserved]
    352 Nondiscrimination on the Basis of Disability
    353 Suspicious Activity Reports
    357 Determination of Economically Depressed Regions
    359 Golden Parachute and Indemnification Payments
    360 Resolution and Receivership Rules
    361 Minority and Women Outreach Program-Contracting
    362 Activities of Insured State Banks and Insured Savings Associations
    363 Annual Independent Audits and Reporting Requirements
    364 Standards for Safety and Soundness
    365 Real Estate Lending Standards
    366 Minimum Standards of Integrity and Fitness for an FDIC Contractor
    367 Suspension and Exclusion of Contractors and Termination of Contracts
    368 Government Securities Sales Practices
    369 Prohibition Against Use of Interstate Branches Primarily for Deposit Production
    370 Temporary Liquidity Guarantee Program
    371 Recordkeeping Requirements for Qualified Financial Contracts


    FEDERAL RESERVE ACT
    SEC. 11 Reports of assets and liabilities
    SEC. 11A Pricing of services
    SEC. 19(b) Reserve requirements
    SEC. 19(c) Form of reserves
    SEC. 22(g) Loans to executive officers of banks
    SEC. 22(h) Extensions of credit to executive officers, directors, and principal shareholders of member banks
    SEC. 23A Banking Affiliates Act of 1982
    (a) Restrictions on transactions with affiliates
    (b) Definitions
    (c) Collateral for certain transactions with affiliates
    (d) Exemptions
    (e) Rules relating to banks with financial subsidiaries
    (f) Rulemaking and additional exemptions
    SEC. 23B Restrictions on transactions with affiliates
    SEC. 25A Banking corporations authorized to do foreign banking business
    PART 204—RESERVE REQUIREMENTS OF DEPOSITORY INSTITUTIONS (REGULATION D)
    Regulations

    SEC. 204.1 Authority, purpose and scope
    SEC. 204.2 Definitions
    SEC. 204.3 Computation and maintenance
    SEC. 204.4 [Reserved]
    SEC. 204.5 Emergency reserve requirement
    SEC. 204.6 Supplemental reserve requirement
    SEC. 204.7 Reserve deficiencies
    SEC. 204.8 International banking facilities
    SEC. 204.9 Reserve requirement ratios
    SEC. 204.10 Payment of interest on balances
    Interpretations

    SEC. 204.121 Bankers' banks
    SEC. 204.122 Secondary market activities of International Banking Facilities
    SEC. 204.123 Sale of federal funds by investment companies or trusts in which the entire beneficial interest is held exclusively by depository institutions
    SEC. 204.124 Repurchase agreement involving shares of a money market mutual fund whose portfolio consists wholly of United States Treasury and federal agency securities
    SEC. 204.125 Foreign, international, and supranational entities referred to in §§ 204.2(c)(1)(iv)(E) and 204.8(a)(2)(i)(B)(5)
    SEC. 204.126 Depository institution participation in ``federal funds'' market
    SEC. 204.127 Nondepository participation in ``federal funds'' market
    SEC. 204.128 Deposits at foreign branches guaranteed by domestic office of a depository institution
    SEC. 204.129 [Removed]
    SEC. 204.130 Eligibility for NOW accounts
    SEC. 204.131 Participation by a depository institution in the secondary market for its own time deposits
    SEC. 204.132 Treatment of loan strip participations
    SEC. 204.133 Multiple savings deposits treated as a transaction account
    SEC. 204.134 Linked time deposits and transaction accounts
    SEC. 204.135 Shifting funds between depository institutions to make use of the low reserve tranche
    SEC. 204.136 Treatment of trust overdrafts for reserve requirement reporting purposes
    PART 206—LIMITATIONS ON INTERBANK LIABILITIES (REGULATION F)

    SEC. 206.1 Authority, purpose, and scope
    SEC. 206.2 Definitions
    SEC. 206.3 Prudential standards
    SEC. 206.4 Credit exposure
    SEC. 206.5 Capital levels of correspondents
    SEC. 206.6 Waiver
    PART 211—INTERNATIONAL BANKING OPERATIONS (REGULATION K)
    Subpart A—International Operations of U.S. Banking Organizations

    SEC. 211.1 Authority, purpose, and scope
    SEC. 211.2 Definitions
    SEC. 211.3 Foreign branches of U.S. banking organizations
    SEC. 211.4 Permissible activities and investments of foreign branches of member banks
    SEC. 211.5 Edge and agreement corporations
    SEC. 211.6 Permissible activities of Edge and agreement corporations in the United States
    SEC. 211.7 Voluntary liquidation of Edge and agreement corporations
    SEC. 211.8 Investments and activities abroad
    SEC. 211.9 Investment procedures
    SEC. 211.10 Permissible activities abroad
    SEC. 211.11 Advisory opinions under Regulation K
    SEC. 211.12 Lending limits and capital requirements
    SEC. 211.13 Supervision and reporting
    Subpart B—Foreign Banking Organizations

    SEC. 211.20 Authority, purpose, and scope
    SEC. 211.21 Definitions
    SEC. 211.22 Interstate banking operations for foreign banking organizations
    SEC. 211.23 Nonbanking activities of foreign banking organizations
    SEC. 211.24 Approval of offices of foreign banks; procedures for applications; standards for approval; representative office activities and standards for approval; preservation of existing authority
    SEC. 211.25 Termination of offices of foreign banks
    SEC. 211.26 Examination of offices and affiliates of foreign banks
    SEC. 211.27 Disclosure of supervisory information to foreign supervisors
    SEC. 211.28 Provisions applicable to branches and agencies: limitation on loans to one borrower
    SEC. 211.29 Applications by state branches and state agencies to conduct activities not permissible for federal branches
    SEC. 211.30 Criteria for evaluating the U.S. operations of foreign banks not subject to consolidated supervision
    Subpart C—Export Trading Companies

    SEC. 211.31 Authority, purpose, and scope
    SEC. 211.32 Definitions
    SEC. 211.33 Investments and extensions of credit
    SEC. 211.34 Procedures for filing and processing notices
    Subpart D—International Lending Supervision

    SEC. 211.41 Authority, purpose and scope
    SEC. 211.42 Definitions
    SEC. 211.43 Allocated transfer risk reserve
    SEC. 211.44 Reporting and disclosure of international assets
    SEC. 211.45 Accounting for fees on international loans
    Interpretations

    SEC. 211.601 Status of certain offices for purposes of the International Banking Act restrictions on interstate banking operations
    SEC. 211.602 Investments by United States banking organizations in foreign companies that transact business in the United States
    SEC. 211.603 Commodity swap transactions
    SEC. 211.604 Data processing activities
    SEC. 211.605 Permissible underwriting activities of foreign banks
    PART 215—LOANS TO EXECUTIVE OFFICERS, DIRECTORS, AND PRINCIPAL
    SHAREHOLDERS OF MEMBER BANKS (REGULATION O)
    Subpart A—Loans by Member Banks to Their Executive Officers, Directors, and Principal Shareholders

    SEC. 215.1 Authority, purpose, and scope
    SEC. 215.2 Definitions
    SEC. 215.3 Extension of credit
    SEC. 215.4 General prohibitions
    SEC. 215.5 Additional restrictions on loans to executive officers of member banks
    SEC. 215.6 Prohibition on knowingly receiving unauthorized extension of credit
    SEC. 215.7 Extensions of credit outstanding on March 10, 1979
    SEC. 215.8 Records of member banks
    SEC. 215.9 Disclosure of credit from member banks to executive officers and principal shareholders
    SEC. 215.10 Reporting requirement for credit secured by certain bank stock
    SEC. 215.11 Civil penalties
    Appendix A to Part 215–Section 5200 of the Revised Statutes total loans and extensions of credit
    Background and summary of Regulation O and FIRA title VIII and IX
    Board interpretations of Regulation O
    Board rulings and staff opinions interpreting Regulation O
    PART 217—PROHIBITION AGAINST THE PAYMENT OF INTEREST ON DEMAND DEPOSITS (REGULATION Q)

    SEC. 217.1 Authority, purpose, and scope
    SEC. 217.2 Definitions
    SEC. 217.3 Interest on demand deposits
    Interpretations

    SEC. 217.101 Premiums on deposits
    PART 220—CREDIT BY BROKERS AND DEALERS (REGULATION T)
    Regulations

    SEC. 220.1 Authority, purpose, and scope
    SEC. 220.2 Definitions
    SEC. 220.3 General provisions
    SEC. 220.4 Margin account
    SEC. 220.5 Special memorandum account
    SEC. 220.6 Good faith account
    SEC. 220.7 Broker-dealer credit account
    SEC. 220.8 Cash account
    SEC. 220.9 Clearance of securities, options, and futures
    SEC. 220.10 Borrowing and lending securities
    SEC. 220.11 Requirements for the list of marginable OTC stocks and the list of foreign margin stocks
    SEC. 220.12 Supplement: Margin requirements
    SEC. 220.132 Credit to brokers and dealers


    Forms
    Agreement of Domestic (T–1) and Foreign (T–2) Nonmember Banks (Federal Reserve Form T–1, T–2)
    Statement of Purpose of an Extension of Credit by a Creditor (Federal Reserve Form T–4)
    PART 221—CREDIT BY BANKS AND PERSONS OTHER THAN BROKERS OR DEALERS FOR THE PURPOSE OF PURCHASING OR CARRYING MARGIN STOCK (REGULATION U)

    SEC. 221.1 Authority, purpose, and scope
    SEC. 221.2 Definitions
    SEC. 221.3 General Requirements
    SEC. 221.4 Employee stock option, purchase, and ownership plans
    SEC. 221.5 Special purpose loans to brokers and dealers
    SEC. 221.6 Exempted transactions
    SEC. 221.7 Supplement: Maximum loan value of margin stock and other collateral
    Interpretations

    SEC. 221.101 Determination and effect of purpose of loan
    SEC. 221.102 Application to committed credit where funds are disbursed thereafter
    SEC. 221.103 Loans to brokers or dealers
    SEC. 221.104 Federal credit unions
    SEC. 221.105 Arranging for extensions of credit to be made by a bank
    SEC. 221.106 Reliance in ``good faith'' on statement of purpose of loan
    SEC. 221.107 Arranging loan to purchase open-end investment company shares
    SEC. 221.108 Effect of registration of stock subsequent to making of loan
    SEC. 221.109 Loan to open-end investment company
    SEC. 221.110 Questions arising under this part
    SEC. 221.111 Contribution to joint venture as extension of credit when the contribution is disproportionate to the contributor's share in the venture's profits or losses
    SEC. 221.112 Loans by bank in capacity as trustee
    SEC. 221.113 Loan which is secured indirectly by stock
    SEC. 221.114 Bank loans to purchase stock of American Telephone and Telegraph Company under Employees' Stock Plan
    SEC. 221.115 Accepting a purpose statement through the mail without benefit of face-to-face interview
    SEC. 221.116 Bank loans to replenish working capital used to purchase mutual fund shares
    SEC. 221.117 When bank in ``good faith'' has not relied on stock as collateral
    SEC. 221.118 Bank arranging for extension of credit by corporation
    SEC. 221.119 Applicability of plan-lender provisions of financing of stock options and stock purchase rights qualified or restricted under Internal Revenue Code
    SEC. 221.120 Allocation of stock collateral to purpose and nonpurpose credits to same customer
    SEC. 221.121 Extension of credit in certain stock option and stock purchase plans
    SEC. 221.122 Applicability of margin requirements to credit in connection with Insurance Premium Funding Programs
    SEC. 221.123 Combined credit for exercising employees stock options and paying income taxes incurred as a result of such exercise
    SEC. 221.124 Purchase of debt securities to finance corporate takeovers
    SEC. 221.125 Credit to brokers and dealers
    PART 223—TRANSACTIONS BETWEEN MEMBER BANKS AND THEIR AFFILIATES (REGULATION W)
    Subpart A — INTRODUCTION AND DEFINITIONS

    SEC. 223.1 Authority, purpose and scope
    SEC. 223.2 What is an ``affiliate'' for purposes of sections 23A and 23B and this part?
    SEC. 223.3 What are the meanings of the other terms used in sections 23A and 23B and this part?
    Subpart B — General Provisions of Section 23A

    SEC. 223.11 What is the maximum amount of covered transactions that a member bank may enter into with any single affiliate?
    SEC. 223.12 What is the maximum amount of covered transactions that a member bank may enter into with all affiliates?
    SEC. 223.13 What safety and soundness requirement applies to covered transactions?
    SEC. 223.14 What are the collateral requirements for a credit transaction with an affiliate?
    SEC. 223.15 May a member bank purchase a low-quality asset from an affiliate?
    SEC. 223.16 What transactions by a member bank with any person are treated as transactions with an affiliate?
    Subpart C — Valuation and Timing Principles Under Section 23A

    SEC. 223.21 What valuation and timing principles apply to credit transactions?
    SEC. 223.22 What valuation and timing principles apply to asset purchases?
    SEC. 223.23 What valuation and timing principles apply to purchases of and investments in securities issued by an affiliate?
    SEC. 223.24 What valuation principles apply to extensions of credit secured by affiliate securities?
    Subpart D — Other Requirements Under Section 23A

    SEC. 223.31 How does section 23A apply to a member bank's acquisition of an affiliate that becomes an operating subsidiary of the member bank after the acquisition?
    SEC. 223.32 What rules apply to financial subsidiaries of a member bank?
    SEC. 223.33 What rules apply to derivative transactions?
    Subpart E — Exemptions from the Provisions of Section 23A

    SEC. 223.41 What covered transactions are exempt from the quantitative limits and collateral requirements?
    SEC. 223.42 What covered transactions are exempt from the quantitative limits, collateral requirements, and low-quality asset prohibition?
    SEC. 223.43 What are the standards under which the Board may grant additional exemptions from the requirements of section 23A?
    Subpart F — General Provisions of Section 23B

    SEC. 223.51 What is the market terms requirement of section 23B?
    SEC. 223.52 What transactions with affiliates or others must comply with section 23B's market terms requirement?
    SEC. 223.53 What asset purchases are prohibited by section 23B?
    SEC. 223.54 What advertisements and statements are prohibited by section 23B?
    SEC. 223.55 What are the standards under which the Board may grant exemptions from the requirements of section 23B?
    SEC. 223.56 What transactions are exempt from the market-terms requirement of section 23B?
    Subpart G — Application of Sections 23A and 23B to U.S. Branches and Agencies of Foreign Banks

    SEC. 223.61 How do sections 23A and 23B apply to U.S. branches and agencies of foreign banks?
    Subpart H — Miscellaneous Interpretations

    SEC. 223.71 How do sections 23A and 23B apply to transactions in which a member bank purchases from one affiliate an asset relating to another affiliate?
    PART 224—BORROWERS OF SECURITIES CREDIT (REGULATION X)

    SEC. 224.1 Authority, purpose and scope
    SEC. 224.2 Definitions
    SEC. 224.3 Margin regulations to be applied by nonexempted borrowers
    [Table of Contents] [Previous Page] [Next Page] [Search]
    8000 - Miscellaneous Statutes and Regulations
    MISCELLANEOUS STATUTES AND REGULATIONS
    ______________
    TABLE OF CONTENTS
    ADMINISTRATIVE PROCEDURE
    Chapter 5—Administrative Procedure
    SUBCHAPTER I—GENERAL PROVISIONS
    SEC. 500 Administrative practice; general provisions
    SEC. 501 Advertising practice; restrictions
    SEC. 502 Administrative practice; Reserves and National Guardsmen
    SEC. 503 Witness fees and allowances
    SEC. 504 Costs and fees of parties
    SUBCHAPTER II—ADMINISTRATIVE PROCEDURE

    SEC. 551 Definitions
    SEC. 552 Public information; agency rules, opinions, orders, records, and proceedings
    SEC. 552a Records maintained on individuals
    SEC. 552b Open meetings
    SEC. 553 Rule making
    SEC. 554 Adjudications
    SEC. 555 Ancillary matters
    SEC. 556 Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision
    SEC. 557 Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record
    SEC. 558 Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses
    SEC. 559 Effect on other laws; effect of subsequent statute
    Chapter 6—The Analysis of Regulatory Functions

    SEC. 601 Definitions
    SEC. 602 Regulatory agenda
    SEC. 603 Initial regulatory flexibility analysis
    SEC. 604 Final regulatory flexibility analysis
    SEC. 605 Avoidance of duplicative or unnecessary analyses
    SEC. 606 Effect on other law
    SEC. 607 Preparation of analyses
    SEC. 608 Procedure for waiver or delay of completion
    SEC. 609 Procedures for gathering comments
    SEC. 610 Periodic review of rules
    SEC. 611 Judicial review
    SEC. 612 Reports and intervention rights
    Chapter 7—Judicial Review

    SEC. 701 Application; definitions
    SEC. 702 Right of review
    SEC. 703 Form and venue of proceeding
    SEC. 704 Actions reviewable
    SEC. 705 Relief pending review
    SEC. 706 Scope of review
    ANNUZIO-WYLIE ANTI-MONEY LAUNDERING ACT OF 1992

    SEC. 1542 Reports of information regarding safety and soundness of depository institutions
    BANK PROTECTION ACT OF 1968

    SEC. 1 Short title
    SEC. 2 Federal supervisory agency defined
    SEC. 3 Security measures—Rules for installation, maintenance, and operation of security devices and procedures
    SEC. 4 Insurance rates; report to Congress
    SEC. 5 Penalties for violations
    BANK RECORDS AND FOREIGN TRANSACTIONS

    SEC. 121 Congressional findings and purpose
    SEC. 122 Authority of Secretary with respect to reports on ownership and control
    SEC. 123 Authority of Secretary with respect to recordkeeping and procedures
    SEC. 124 Injunctions
    SEC. 125 Civil penalties
    SEC. 126 Criminal penalty
    SEC. 127 Additional criminal penalty in certain cases
    SEC. 128 Compliance
    SEC. 129 Administrative procedure
    BANK SERVICE COMPANY ACT

    SEC. 1 Short title and definitions
    SEC. 2 Amount of investment in bank service company
    SEC. 3 Permissible bank service company activities for depository institutions
    SEC. 4 Permissible bank service company activities for other persons
    SEC. 5 Prior approval for investments in bank service companies
    SEC. 6 Services to nonstockholders
    SEC. 7 Regulation and examination of bank service companies
    CHAPTER IV—DEPARTMENT OF THE TREASURY
    SUBCHAPTER A—REGULATIONS UNDER SECTION 15C OF THE SECURITIES EXCHANGE ACT OF 1934
    PART 400—RULES OF GENERAL APPLICATION

    Sec. 400.1 Scope of regulations
    Sec. 400.2 Office responsible for regulations; filing of requests for exemptions, for interpretations, and for other materials
    Sec. 400.3 Definitions
    Sec. 400.4 Information concerning associated persons of financial institutions that are government securities brokers or dealers
    Sec. 400.5 Amendments to application for registration and to notice of status as a government securities broker or dealer
    Sec. 400.6 Notice of withdrawal from business as a government securities broker or dealer by a financial institution
    PART 401—EXEMPTIONS

    Sec. 401.1 Exemption for organizations handling transactions in United States Savings Bonds
    Sec. 401.2 Exemption for depository institutions that submit tenders for the account of customers for purchase on original issue of United States Treasury securities
    Sec. 401.3 Exemption for financial institutions that are engaged in limited government securities brokerage activities
    Sec. 401.4 Exemption for financial institutions engaged in limited government securities dealer activities
    Sec. 401.5 Exemption for corporate credit unions transacting limited government securities business with other credit unions
    Sec. 401.6 Exemption for branches and agencies of foreign banks that deal solely with non-United States citizens resident offshore
    Sec. 401.7 Temporary exemption for certain government securities brokers and dealers terminating business on or before October 31, 1987
    Sec. 401.8 Temporary exemption for government securities brokers and dealers that are futures commission merchants registered with the CFTC
    PART 402—FINANCIAL RESPONSIBILITY

    Sec. 402.1 Application of part to registered brokers and dealers and financial institutions; special rules for futures commission merchants and government securities interdealer brokers; effective date
    PART 403—PROTECTION OF CUSTOMER SECURITIES AND BALANCES

    Sec. 403.5 Custody of securities held by financial institutions that are government securities brokers or dealers
    Sec. 403.7 Effective dates
    PART 404—RECORDKEEPING AND PRESERVATION OF RECORDS

    Sec. 404.4 Records to be made and preserved by government securities brokers and dealers that are financial institutions
    PART 405—REPORTS AND AUDIT

    Sec. 405.1 Application of part to registered brokers and dealers and to financial institutions; transaction rule
    Sec. 405.4 Financial recordkeeping and reporting of currency and foreign transactions by registered government securities brokers and dealers
    PART 449—FORMS, SECTION 15C OF THE SECURITIES EXCHANGE ACT OF 1934

    Sec. 449.1 Form G–FIN, notification by financial institutions of status as government securities broker or dealer pursuant to section 15C(a)(1)(B)(i) of the Securities Exchange Act of 1934
    Sec. 449.2 Form G–FINW, notification by financial institutions of cessation of status as government securities broker or dealer pursuant to section 15C(a)(1)(B)(i) of the Securities Exchange Act of 1934 and § 400.6 of this chapter
    Sec. 449.3 Form G–FIN–4, notification by persons associated with financial institutions that are government securities brokers and dealers pursuant to section 15C(a)(1)(B)(i) of the Securities Exchange Act of 1934 and § 400.4 of this chapter
    Sec. 449.4 Form G–FIN–5, notification of termination of association with a financial institution that is a government securities broker or dealer pursuant to section 15C(a)(1)(B)(i) of the Securities Exchange Act of 1934 and § 400.4 of this chapter
    PART 450—CUSTODIAL HOLDINGS OF GOVERNMENT SECURITIES BY DEPOSITORY INSTITUTIONS

    Sec. 450.1 Scope of regulations; office responsible
    Sec. 450.2 Definitions
    Sec. 450.3 Exemption for holdings subject to fiduciary standards
    Sec. 450.4 Custodial holdings of government securities
    Sec. 450.5 Effective date
    DEPARTMENT OF THE TREASURY STAFF INTERPRETATIONS OF GOVERNMENT SECURITIES REGULATIONS

    DT-1 Definition of ``associated person'' and ``fiduciary capacity'' in section 400.3 of the temporary securities regulations
    DT-2 Custodial holdings of government securities by depository institutions
    DT-3 Confirmation of government securities transactions
    DT-4 Application of the Government Securities Act to the operations of a trust department
    DT-5 Financial institutions performing clearing and custodial services for exempt depository institutions are subject to ``no lien'' provision of section 450.4
    DT-6 Interpretation of the temporary lag provision in section 403.5; hold-in-custody repurchase transactions
    DT-7 Distinctions between ``tri-party'' and ``hold-in-custody'' repurchase agreement transactions
    DT-8 Clarification of the purpose of Treasury Form PD 1832
    DT-8A Continuing misuse of Form PD F 1832
    DT-9 Interpretation regarding the proper treatment of government securities in certain repurchase transactions
    CRIMINAL LAWS AND PROCEDURES
    Applicable Sections of Title 18, United States Code

    SEC. 1 [Repealed]
    SEC. 6 Department and agency defined
    SEC. 20 Financial institution defined
    SEC. 111 Assaulting, resisting, or impeding certain officers or employees
    SEC. 212 Offer of loan or gratuity to financial institution examiner
    SEC. 213 Acceptance of loan or gratuity by financial institution examiner
    SEC. 214 Offer for procurement of Federal Reserve bank loan and discount of commercial paper
    SEC. 215 Receipt of commissions or gifts for procuring loans
    SEC. 333 Mutilation of national bank obligations
    SEC. 334 Issuance of Federal Reserve or national bank notes
    SEC. 337 Coins as security for loans
    SEC. 493 Bonds and obligations of certain lending agencies
    SEC. 644 Banker receiving unauthorized deposit of public money
    SEC. 655 Theft by bank examiner
    SEC. 656 Theft, embezzlement, or misapplication by bank officer or employee
    SEC. 657 Lending, credit and insurance institutions
    SEC. 709 False advertising or misuse of names to indicate Federal agency
    SEC. 986 Subpoenas for bank records
    SEC. 1001 Statements or entries generally
    SEC. 1004 Certification of checks
    SEC. 1005 Bank entries, reports and transactions
    SEC. 1006 Federal credit institution entries, reports and transactions
    SEC. 1007 Federal Deposit Insurance Corporation transactions
    SEC. 1014 Loan and credit applications generally; renewals and discounts; crop insurance
    SEC. 1032 Concealment of assets from conservator, receiver, or liquidating agent of financial institution
    SEC. 1114 Protection of officers and employees of the United States
    SEC. 1306 Participation by financial institutions
    SEC. 1341 Frauds and swindles
    SEC. 1343 Fraud by wire, radio, or television
    SEC. 1344 Bank fraud
    SEC. 1517 Obstructing examination of financial institution
    SEC. 1905 Disclosure of confidential information generally
    SEC. 1906 Disclosure of information from a bank examination report
    SEC. 1909 Examiner performing other services
    SEC. 1956 Laundering of monetary instruments
    SEC. 1957 Engaging in monetary transactions in property derived from specified unlawful activity
    SEC. 2113 Bank robbery and incidental crimes
    SEC. 2314 Transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting
    SEC. 3056 Powers, authority, and duties of United States Secret Service
    SEC. 3056A Powers, authorities, and duties of United States Secret Service Uniformed Division
    SEC. 3293 Financial institution offenses
    SEC. 3322 Disclosure of certain matters occurring before grand jury
    SEC. 6001 Definitions
    SEC. 6002 Immunity generally
    SEC. 6003 Court and grand jury proceedings
    SEC. 6004 Certain administrative proceedings
    SEC. 6005 Congressional proceedings

    CONSUMER CREDIT PROTECTION ACT

    SEC. 1 Short title of entire Act
    Title I—Consumer Credit Cost Disclosure
    CHAPTER 1—GENERAL PROVISIONS

    SEC. 101 Short title
    SEC. 102 Findings and declaration of purpose
    SEC. 103 Definitions and rules of construction
    SEC. 104 Exempted transactions
    SEC. 105 Regulations
    SEC. 106 Determination of finance charge
    SEC. 107 Determination of annual percentage rate
    SEC. 108 Administrative enforcement
    SEC. 109 Views of other agencies
    SEC. 110 [Repealed]
    SEC. 111 Effect on other laws
    SEC. 112 Criminal liability for willful and knowing violation
    SEC. 113 Effect on governmental agencies
    SEC. 114 Reports by Board and Attorney General
    SEC. 115 [Repealed]
    CHAPTER 2—CREDIT TRANSACTIONS

    SEC. 121 General requirement of disclosure
    SEC. 122 Form of disclosure; additional information
    SEC. 123 Exemption for State-regulated transactions
    SEC. 124 Effect of subsequent occurrence
    SEC. 125 Right of rescission as to certain transactions
    SEC. 126 [Repealed]
    SEC. 127 Open end consumer credit plans
    SEC. 127A Disclosure requirements for open end consumer credit plans secured by the consumer's principal dwelling
    SEC. 128 Consumer credit not under open end credit plans
    SEC. 129 Requirements for certain mortgages
    SEC. 130 Civil liability
    SEC. 131 Liability of assignees
    SEC. 132 Issuance of credit cards
    SEC. 133 Liability of holder of credit card
    SEC. 134 Fraudulent use of credit card
    SEC. 135 Business credit cards
    SEC. 136 Dissemination of annual percentage rates
    SEC. 137 Home equity plans
    SEC. 138 Reverse mortgages
    SEC. 139 Certain limitations on liability
    CHAPTER 3—CREDIT ADVERTISING

    SEC. 141 Catalogs and multiple-page advertisements
    SEC. 142 Advertising of downpayments and installments
    SEC. 143 Advertising of open end credit plans
    SEC. 144 Advertising of credit other than open end plans
    SEC. 145 Nonliability of media
    SEC. 146 Use of annual percentage rate in oral disclosures
    SEC. 147 Advertising of open end consumer credit plans secured by consumer's principal dwelling
    CHAPTER 4—CREDIT BILLING

    SEC. 161 Correction of billing errors
    SEC. 162 Regulation of credit reports
    SEC. 163 Length of billing period
    SEC. 164 Prompt crediting of payments
    SEC. 165 Treatment of credit balances
    SEC. 166 Prompt notification of returns
    SEC. 167 Use of cash discounts
    SEC. 168 Prohibition of tie-in services
    SEC. 169 Prohibition of offsets
    SEC. 170 Rights of credit card customers
    SEC. 171 Relation to State laws
    CHAPTER 5—CONSUMER LEASES

    SEC. 181 Definitions
    SEC. 182 Consumer lease disclosures
    SEC. 183 Lessee's liability on expiration or termination of lease
    SEC. 184 Consumer lease advertising
    SEC. 185 Civil liability
    SEC. 186 Relation to State laws
    SEC. 187 Regulations
    Title II—Extortionate Credit Transactions

    SEC. 201 Findings and purpose
    SEC. 202 Amendments to title 18, United States Code
    CHAPTER 42—EXTORTIONATE CREDIT TRANSACTIONS

    Sec. 891 Definitions and rules of construction
    Sec. 892 Making extortionate extensions of credit
    Sec. 893 Financing extortionate extensions of credit
    Sec. 894 Collection of extensions of credit by extortionate means
    Sec. 895 [Repealed]
    Sec. 896 Effect on State laws
    Title III—Restriction on Garnishment

    SEC. 301 Findings and purpose
    SEC. 302 Definitions
    SEC. 303 Restriction on garnishment
    SEC. 304 Restriction on discharge from employment by reason of garnishment
    SEC. 305 Exemption for State-regulated garnishments
    SEC. 306 Enforcement by Secretary of Labor
    SEC. 307 Effect on State laws
    Title IV—National Commission on Consumer Finance

    SEC. 401 Establishment
    SEC. 402 Membership of the Commission
    SEC. 403 Compensation of members
    SEC. 404 Duties of the Commission
    SEC. 405 Powers of the Commission
    SEC. 406 Administrative arrangements
    SEC. 407 Authorization of appropriations
    Title V—General Provisions

    SEC. 501 Severability
    SEC. 502 Captions and catchlines for reference only
    SEC. 503 Grammatical usages
    SEC. 504 Effective dates
    Title VI—Consumer Credit Reporting

    SEC. 601 Short title
    SEC. 602 Findings and purpose
    SEC. 603 Definitions and rules of construction
    SEC. 604 Permissible purposes of reports
    SEC. 605 Requirements relating to information contained in consumer reports
    SEC. 605A Identity theft prevention; fraud alerts and active duty alerts
    SEC. 605B Block of information resulting from identity theft
    SEC. 606 Disclosure of investigative consumer reports
    SEC. 607 Compliance procedures
    SEC. 608 Disclosures to governmental agencies
    SEC. 609 Disclosures to consumers
    SEC. 610 Conditions and form of disclosure to consumers
    SEC. 611 Procedure in case of disputed accuracy
    SEC. 612 Charges for certain disclosures
    SEC. 613 Public record information for employment purposes
    SEC. 614 Restrictions on investigative consumer reports
    SEC. 615 Requirements on users of consumer reports
    SEC. 616 Civil liability for willful noncompliance
    SEC. 617 Civil liability for negligent noncompliance
    SEC. 618 Jurisdiction of courts; limitation of actions
    SEC. 619 Obtaining information under false pretenses
    SEC. 620 Unauthorized disclosures by officers or employees
    SEC. 621 Administrative enforcement
    SEC. 623 Responsibilities of furnishers of information to consumer reporting agencies
    SEC. 624 Affiliate sharing
    SEC. 625 Relation to State laws
    SEC. 626 Disclosures to FBI for counterintelligence purposes
    SEC. 627 Disclosures to governmental agencies for counterterrorism purposes
    SEC. 628 Disposal of records
    SEC. 629 Corporate and technological circumvention prohibited
    Title VII—Equal Credit Opportunity

    SEC. 701 Prohibited discrimination; reasons for adverse action
    SEC. 702 Definitions
    SEC. 703 Regulations
    SEC. 704 Administrative enforcement
    SEC. 704A Incentives for self-testing and self-correction
    SEC. 705 Relation to State laws
    SEC. 706 Civil liability
    SEC. 707 Annual reports to Congress
    SEC. 708 Effective date
    SEC. 709 Short title
    Title VIII—Debt Collection Practices

    SEC. 801 Short title
    SEC. 802 Findings and purpose
    SEC. 803 Definitions
    SEC. 804 Acquisition of location information
    SEC. 805 Communication in connection with debt collection
    SEC. 806 Harassment or abuse
    SEC. 807 False or misleading representations
    SEC. 808 Unfair practices
    SEC. 809 Validation of debts
    SEC. 810 Multiple debts
    SEC. 811 Legal actions by debt collectors
    SEC. 812 Furnishing certain deceptive forms
    SEC. 813 Civil liability
    SEC. 814 Administrative enforcement
    SEC. 815 Reports to Congress by the Commission
    SEC. 816 Relation to State laws
    SEC. 817 Exemption for State regulation
    SEC. 818 Exception for certain bad check enforcement programs operated by private entities
    SEC. 819 Effective date
    Federal Trade Commission Staff Commentary on the Fair Debt Collection Practices Act
    Title IX—Electronic Fund Transfers

    SEC. 901 Short title
    SEC. 902 Findings and purpose
    SEC. 903 Definitions
    SEC. 904 Regulations
    SEC. 905 Terms and conditions of transfers
    SEC. 906 Documentation of transfers; periodic statements
    SEC. 907 Preauthorized transfers
    SEC. 908 Error resolution
    SEC. 909 Consumer liability for unauthorized transfers
    SEC. 910 Liability of financial institutions
    SEC. 911 Issuance of cards or other means of access
    SEC. 912 Suspension of obligations
    SEC. 913 Compulsory use of electronic fund transfers
    SEC. 914 Waiver of rights
    SEC. 915 Civil liability
    SEC. 916 Criminal liability
    SEC. 917 Administrative enforcement
    SEC. 918 Reports to Congress
    SEC. 919 Relation to State laws
    SEC. 920 Exemption for State regulation
    SEC. 921 Effective date
    FEDERAL RESERVE BOARD'S REGULATION Z
    PART 226—TRUTH IN LENDING
    Subpart A—General

    SEC. 226.1 Authority, purpose, coverage, organization, enforcement and liability
    SEC. 226.2 Definitions and rules of construction
    SEC. 226.3 Exempt transactions
    SEC. 226.4 Finance charge
    Subpart B—Open-End Credit

    SEC. 226.5 General disclosure requirements
    SEC. 226.5a Credit and charge card applications and solicitations
    SEC. 226.5b Requirements for home equity plans
    SEC. 226.6 Initial disclosure statement
    SEC. 226.7 Periodic statement
    SEC. 226.8 Identification of transactions
    SEC. 226.9 Subsequent disclosure requirements
    SEC. 226.10 Prompt crediting of payments
    SEC. 226.11 Treatment of credit balances
    SEC. 226.12 Special credit card provisions
    SEC. 226.13 Billing error resolution
    SEC. 226.14 Determination of annual percentage rate
    SEC. 226.15 Right of rescission
    SEC. 226.16 Advertising
    Subpart C—Closed-End Credit

    SEC. 226.17 General disclosure requirements
    SEC. 226.18 Content of disclosures
    SEC. 226.19 Certain residential mortgage and variable rate transactions
    SEC. 226.20 Subsequent disclosure requirements
    SEC. 226.21 Treatment of credit balances
    SEC. 226.22 Determination of annual percentage rate
    SEC. 226.23 Right of rescission
    SEC. 226.24 Advertising
    Subpart D—Miscellaneous

    SEC. 226.25 Record retention
    SEC. 226.26 Use of annual percentage rate in oral disclosures
    SEC. 226.27 Spanish language disclosures
    SEC. 226.28 Effect on state laws
    SEC. 226.29 State exemptions
    SEC. 226.30 Limitation on rates
    Subpart E—Special rules for certain home mortgage transactions

    SEC. 226.31 General rules
    SEC. 226.32 Requirements for certain closed-end home mortgages
    SEC. 226.33 Requirements for reverse mortgages
    SEC. 226.34 Prohibited acts or practices in connection with credit secured by a consumer's dwelling
    SEC. 226.35 Prohibited acts or practices in connection with higher-priced mortgage loans
    SEC. 226.36 Prohibited acts or practices in connection with credit secured by a consumer's principal dwelling
    Appendix A—Effect on state laws
    Appendix B—State exemptions
    Appendix C—Issuance of staff interpretations
    Appendix D—Multiple advance construction loans
    Appendix E—Rules for card issuers that bill on a transaction-by-transaction basis
    Appendix F—Annual percentage rate computations for certain open-end credit plans
    Appendix G—Open-end model forms and clauses
    Appendix H—Closed-end model forms and clauses
    Appendix I—Federal enforcement agencies
    Appendix J—Annual percentage rate computations for closed-end credit transactions
    Appendix K—Total annual loan cost rate computations for reverse mortgage transactions
    Appendix L—Assumed loan periods for computations of total annual loan cost rates
    FEDERAL RESERVE BOARD'S REGULATION M PART 213—CONSUMER LEASING

    SEC. 213.1 Authority, scope, purpose, and enforcement
    SEC. 213.2 Definitions
    SEC. 213.3 General disclosure requirements
    SEC. 213.4 Content of disclosures
    SEC. 213.5 Renegotiations, extensions, and assumptions
    SEC. 213.6 [Reserved]
    SEC. 213.7 Advertising
    SEC. 213.8 Record retention
    SEC. 213.9 Relation to state laws
    Appendix A to Part 213—Model Forms
    Appendix B to Part 213—Federal Enforcement Agencies
    Appendix C to Part 213—Issuance of Staff Interpretations
    Supplement I to Part 213—Official Staff Commentary to Regulation M
    FEDERAL RESERVE BOARD'S TRUTH IN LENDING OFFICIAL STAFF COMMENTARY TO REGULATION Z
    [Commentary] Subpart A—General

    226.1 Authority, Purpose, Coverage, Organization, Enforcement and Liability
    226.2 Definitions and Rules of Construction
    226.3 Exempt Transactions
    226.4 Finance Charge
    [Commentary] Subpart B—Open-End Credit

    226.5 General Disclosure Requirements
    226.6 Initial Disclosure Statement
    226.7 Periodic Statement
    226.8 Identification of Transactions
    226.9 Subsequent Disclosure Requirements
    226.10 Prompt Crediting of Payments
    226.11 Treatment of Credit Balances
    226.12 Special Credit Card Provisions
    226.13 Billing-Error Resolution
    226.14 Determination of Annual Percentage Rate
    226.15 Right of Rescission
    226.16 Advertising
    [Commentary] Subpart C—Closed-End Credit

    226.17 General Disclosure Requirements
    226.18 Content of Disclosures
    226.19 Certain Residential Mortgage Transactions and Variable Rate Transactions
    226.20 Subsequent Disclosure Requirements
    226.21 Treatment of Credit Balances
    226.22 Determination of the Annual Percentage Rate
    226.23 Right of Rescission
    226.24 Advertising
    [Commentary] Subpart D—Miscellaneous

    226.25 Record Retention
    226.26 Use of Annual Percentage Rate in Oral Disclosures
    226.27 Spanish Language Disclosures
    226.28 Effect on State Laws
    226.29 State Exemptions
    226.30 Limitation on Rules
    [Commentary] Subpart E—Special Rules for Certain Home Mortgage Transactions

    226.31 General Rules
    226.32 Requirements for Certain Closed-End Home Mortgages
    226.33 Requirements for Reverse Mortgages
    226.34 Prohibited Acts or Practices in Connection with Credit Secured by a Consumer's Dwelling; Open-end Credit
    Appendix A to Part 226—Effect on State Laws
    Appendix B to Part 226—State Exemptions
    Appendix C to Part 226—Issuance of Staff Interpretations
    Appendix D to Part 226—Multiple-Advance Construction Loans
    Appendix E to Part 226—Rules for Card Issuers That Bill on a Transaction-by-Transaction Basis
    Appendix F to Part 226—Annual Percentage Rate Computations for Certain Open-End Credit Plans
    Appendix G to Part 226—Open-End Model Forms and Clauses
    Appendix H to Part 226—Closed-End Model Forms and Clauses
    Appendix I to Part 226—Federal Enforcement Agencies
    Appendix J to Part 226—Annual Percentage Rate Computations for Closed-End Credit Transactions
    Appendix K to Part 226—Total Annual Loan Cost Rate Computations for Reverse Mortgage Transactions
    Appendix L to Part 226—Assumed Loan Periods for Computations of Total Annual Loan Cost Rates
    CIVIL RIGHTS ACT OF 1968—TITLE VIII (FAIR HOUSING)

    SEC. 800 Short title
    SEC. 801 Policy
    SEC. 802 Definitions
    SEC. 803 Effective dates of certain prohibitions
    SEC. 804 Discrimination in the sale or rental of housing and other prohibited practices
    SEC. 805 Discrimination in residential real estate-related transactions
    SEC. 806 Discrimination in the provision of brokerage services
    SEC. 807 Exemption
    SEC. 808 Administration
    SEC. 808a Collection of certain data
    SEC. 809 Education and conciliation
    SEC. 810 Administrative enforcement; preliminary matters
    SEC. 811 Subpoenas; giving of evidence
    SEC. 812 Enforcement by secretary
    SEC. 813 Enforcement by private persons
    SEC. 814 Enforcement by the Attorney General
    SEC. 814a Incentives for self-testing and self-correction
    SEC. 815 Rules to implement title
    SEC. 816 Effect on state laws
    SEC. 817 Cooperation with state and local agencies administering fair housing laws
    SEC. 818 Interference, coercion, or intimidation
    SEC. 819 Appropriations
    SEC. 820 Separability of provisions
    SEC. 901 Violations; penalties
    HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1977—TITLE VIII (COMMUNITY REINVESTMENT)

    SEC. 801 Short title
    SEC. 802 Requirements of financial institutions
    SEC. 803 Definitions
    SEC. 804 Examinations by Federal supervisory agencies
    SEC. 805 Annual report to Congress
    SEC. 806 Regulations implementing the Act
    SEC. 807 Written evaluations
    SEC. 808 Operation of branch facilities by minorities and women
    SEC. 809 Small bank regulatory relief
    COMPETITIVE EQUALITY BANKING ACT OF 1987
    TITLE XII—MISCELLANEOUS PROVISIONS

    SEC. 1204 Adjustable rates mortgage caps
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S REGULATION X
    PART 3500—REAL ESTATE SETTLEMENT PROCEDURES ACT

    SEC. 3500.1 Designation
    SEC. 3500.2 Definitions
    SEC. 3500.3 Questions or suggestions from public and copies of public guidance documents
    SEC. 3500.4 Reliance upon rule, regulation or interpretation by HUD
    SEC. 3500.5 Coverage of RESPA
    SEC. 3500.6 Special information booklet at time of loan application
    SEC. 3500.7 Good faith estimate
    SEC. 3500.8 Use of HUD–1 or HUD–1A settlement statements
    SEC. 3500.9 Reproduction of settlement statements
    SEC. 3500.10 One-day advance inspection of HUD–1 or HUD–1A settlement statement; delivery; recordkeeping
    SEC. 3500.11 Mailing
    SEC. 3500.12 No fee
    SEC. 3500.13 Relation to state laws
    SEC. 3500.14 Prohibition against kickbacks and unearned fees
    SEC. 3500.15 Affiliated business arrangements.
    SEC. 3500.16 Title companies
    SEC. 3500.17 Escrow accounts
    SEC. 3500.18 Validity of contracts and liens
    SEC. 3500.19 Enforcement
    SEC. 3500.20 [Reserved]
    SEC. 3500.21 Mortgage servicing transfers
    SEC. 3500.22 Severability
    SEC. 3500.23 ESIGN applicability
    Appendix A to Part 3500—Instructions for Completing HUD–1 and HUD–1A Settlement Statements; Sample HUD–1 and HUD 1–A Statements
    Appendix B to Part 3500—Illustration of Requirements of RESPA
    Appendix C to Part 3500—Sample Form of Good Faith Estimate
    Appendix D to Part 3500—Affiliated Business Arrangement Disclosure Statement Format
    Appendix E to Part 3500—Arithmetic Steps
    Appendix MS-1 to Part 3500—Servicing Disclosure Statement
    Appendix MS-2 to Part 3500—Notice of Assignment, Sale, or Transfer of Servicing Rights
    RESPA interpretive rulings
    REAL ESTATE SETTLEMENT PROCEDURES ACT OF 1974

    SEC. 1 Short title
    SEC. 2 Findings and purpose
    SEC. 3 Definitions
    SEC. 4 Uniform settlement statement
    SEC. 5 Special information booklets
    SEC. 6 Servicing of mortgage loans and administration of escrow accounts
    SEC. 7 Exempted transactions
    SEC. 8 Prohibition against kickbacks and unearned fees
    SEC. 9 Title companies
    SEC. 10 Escrow accounts
    SEC. 12 Prohibition of fees for preparation of truth-in-lending, uniform settlement, and escrow account statements
    SEC. 13 [Repealed]
    SEC. 14 [Repealed]
    SEC. 15 [Repealed]
    SEC. 16 Jurisdiction of courts
    SEC. 17 Validity of contracts and liens
    SEC. 18 Relation to State laws
    SEC. 19 Authority of the Secretary
    SEC. 20 Effective date
    NOW ACCOUNTS

    SEC. 2 Prohibition on certain activities by depository institutions
    FINANCIAL INSTITUTIONS REGULATORY AND INTEREST RATE CONTROL ACT OF 1978
    Title XI—Right to Financial Privacy

    SEC. 1100 Short title
    SEC. 1101 Definitions
    SEC. 1102 Confidentiality of records—government authorities
    SEC. 1103 Confidentiality of records–financial institutions
    SEC. 1104 Customer authorizations
    SEC. 1105 Administrative subpena and summons
    SEC. 1106 Search warrants
    SEC. 1107 Judicial subpena
    SEC. 1108 Formal written request
    SEC. 1109 Delayed notice—preservation of records
    SEC. 1110 Customer challenge provisions
    SEC. 1111 Duty of financial institutions
    SEC. 1112 Use of information
    SEC. 1113 Exceptions
    SEC. 1114 Special procedures
    SEC. 1115 Cost reimbursement
    SEC. 1116 Jurisdiction
    SEC. 1117 Civil penalties
    SEC. 1118 Injunctive relief
    SEC. 1119 Suspension of Statutes of Limitations
    SEC. 1120 Grand Jury Information
    SEC. 1121 [Repealed]
    SEC. 1122 Securities and Exchange Commission
    SEC. 2101 Effective date
    DEPARTMENT OF LABOR REGULATIONS:
    RESTRICTION ON GARNISHMENT
    Part 870—Restriction On Garnishment
    SUBPART A—GENERAL

    SEC. 870.1 Purpose and scope
    SEC. 870.2 Amendments to this part
    SUBPART B—DETERMINATIONS AND INTERPRETATIONS

    SEC. 870.10 Maximum part of aggregate disposable earnings subject to garnishment
    SEC. 870.11 Exceptions to the restrictions provided by section 303(a) of the CCPA and priorities among garnishments
    SUBPART C—EXEMPTIONS FOR STATE-REGULATED GARNISHMENTS

    SEC. 870.50 General provision
    SEC. 870.51 Exemption policy
    SEC. 870.52 Application for exemption of State-regulated garnishments
    SEC. 870.53 Action upon an application for exemption
    SEC. 870.54 Standards governing the granting of an application for exemption
    SEC. 870.55 Terms and conditions of every exemption
    SEC. 870.56 Termination of exemption
    SEC. 870.57 Exemptions
    Federal Trade Commission Trade Regulation Rule Concerning the Preservation of Consumers, Claims and Defenses
    FEDERAL TRADE COMMISSION REGULATIONS: STATEMENT OF GENERAL POLICY OR INTERPRETATION
    Part 600—Statement of General Policy or Interpretation

    SEC. 600.1 Authority and purpose
    SEC. 600.2 Legal effect
    Appendix—Commentary on the Fair Credit Reporting Act
    FDIC RELEASE: QUESTIONS AND ANSWERS REGARDING THE APPLICABILITY OF THE FAIR CREDIT REPORTING ACT TO THE OPERATIONS OF BANKS
    Financial Institutions and the Fair Credit Reporting Act

    Introduction
    I. The financial institution as a user of consumer reports
    II. The financial institution as a consumer reporting agency
    III. Responsibilities of a financial institution to consumers when it is a consumer reporting agency
    IV. Disputes about material in a consumer reporting agency's file
    V. The financial institution as a purchaser of dealer paper
    VI. Investigative consumer reports
    VII. Responsibilities of a financial institution when it furnishes or uses consumer reports for employment purposes
    VIII. Penalties, liabilities and the Act's effect on State law
    FEDERAL RESERVE BOARD'S REGULATION B
    PART 202—EQUAL CREDIT OPPORTUNITY

    202.1 Authority, scope and purpose
    202.2 Definitions
    202.3 Limited exceptions for certain classes of transactions
    202.4 General rules
    202.5 Rules concerning requests for information
    202.6 Rules concerning evaluation of applications
    202.7 Rules concerning extensions of credit
    202.8 Special purpose credit programs
    202.9 Notifications
    202.10 Furnishing of credit information
    202.11 Relation to state law
    202.12 Record retention
    202.13 Information for monitoring purposes
    202.14 Rules on providing appraisal reports
    202.15 Incentives for self-testing and self-correction
    202.16 Enforcement, penalties and liabilities
    Appendix A to Part 202—Federal enforcement agencies
    Appendix B to Part 202—Model application forms
    Appendix C to Part 202—Sample notification forms
    Appendix D to Part 202—Issuance of staff interpretations
    Supplement I to Part 202—Official Staff Interpretations
    PART 203—HOME MORTGAGE DISCLOSURE (REGULATION C)

    203.1 Authority, purpose, and scope
    203.2 Definitions
    203.3 Exempt institutions
    203.4 Compilation of loan data
    203.5 Disclosure and reporting
    203.6 Enforcement
    Appendix A to Part 203—Form and Instructions for Completion of HMDA Loan/Application Register
    Appendix B—Form and Instructions for Data Collection on Ethnicity, Race, and Sex
    Supplement I to Part 203—Staff Commentary
    HOME MORTGAGE DISCLOSURE ACT OF 1975

    SEC. 301 Short title
    SEC. 302 Findings and purposes
    SEC. 303 Definitions
    SEC. 304 Maintenance of records and public disclosure
    SEC. 305 Enforcement
    SEC. 306 Relation to State laws
    SEC. 307 Research and improved methods
    SEC. 308 Study
    SEC. 309 Effective date
    SEC. 310 Compilation of aggregate data
    SEC. 311 Disclosure by the Secretary
    FEDERAL RESERVE BOARD'S REGULATION E
    PART 205—ELECTRONIC FUND TRANSFERS

    SEC. 205.1 Authority and purpose
    SEC. 205.2 Definitions
    SEC. 205.3 Coverage
    SEC. 205.4 General disclosure requirements; jointly offered services
    SEC. 205.5 Issuance of access devices
    SEC. 205.6 Liability of consumer for unauthorized transfers
    SEC. 205.7 Initial disclosures
    SEC. 205.8 Change in terms notice; error resolution notice
    SEC. 205.9 Receipts at electronic terminals; periodic statements
    SEC. 205.10 Preauthorized transfers
    SEC. 205.11 Procedures for resolving errors
    SEC. 205.12 Relation to other laws
    SEC. 205.13 Administrative enforcement; record retention
    SEC. 205.14 Electronic fund transfer service provider not holding consumer's account
    SEC. 205.15 Electronic fund transfer of government benefits
    SEC. 205.16 Disclosures at automated teller machines
    SEC. 205.17 [Reserved]
    SEC. 205.18 Requirements for financial institutions offering payroll card accounts
    Appendix A to Part 205—Model Disclosure Clauses and Form
    Appendix B to Part 205—Federal Enforcement Agencies
    Appendix C to Part 205—Issuance of Staff Interpretations
    Supplement 1 to Part 205—Official Staff Interpretations
    PART 227—UNFAIR OR DECEPTIVE ACTS OR PRACTICES
    (REGULATION AA)
    Subpart A—Consumer Complaints

    227.1 Definitions
    227.2 Consumer complaint procedure
    Subpart B—Credit Practices Rule

    227.11 Authority, purpose, and scope
    227.12 Definitions
    227.13 Unfair credit contract provisions
    227.14 Unfair or deceptive practices involving cosigners
    227.15 Unfair late charges
    227.16 State exemptions
    Staff Guidelines on the Credit Practices Rule—Subpart B of Regulation AA
    PART 229—AVAILABILITY OF FUNDS AND COLLECTION OF CHECKS (REGULATION CC)
    Subpart A—General

    SEC. 229.1 Authority and purpose; organization
    SEC. 229.2 Definitions
    SEC. 229.3 Administrative enforcement
    Subpart B—Availability of Funds and Disclosure of Funds Availability Policies

    SEC. 229.10 Next-day availability
    SEC. 229.11 [Reserved]
    SEC. 229.12 Availability schedule
    SEC. 229.13 Exceptions
    SEC. 229.14 Payment of interest
    SEC. 229.15 General disclosure requirements
    SEC. 229.16 Specific availability policy disclosure
    SEC. 229.17 Initial disclosures
    SEC. 229.18 Additional disclosure requirements
    SEC. 229.19 Miscellaneous
    SEC. 229.20 Relation to state law
    SEC. 229.21 Civil liability
    Subpart C—Collection of Checks

    SEC. 229.30 Paying bank's responsibility for return of checks
    SEC. 229.31 Returning bank's responsibility for return of checks
    SEC. 229.32 Depositary bank's responsibility for returned checks
    SEC. 229.33 Notice of nonpayment
    SEC. 229.34 Warranties
    SEC. 229.35 Indorsements
    SEC. 229.36 Presentment and issuance of checks
    SEC. 229.37 Variation by agreement
    SEC. 229.38 Liability
    SEC. 229.39 Insolvency of bank
    SEC. 229.40 Effect of merger transaction
    SEC. 229.41 Relation to state law
    SEC. 229.42 Exclusions
    SEC. 229.43 Checks payable to Guam, American Samoa, and the Northern Mariana Islands
    SEC. 229.51 General Provisions governing substitute checks
    SEC. 229.52 Substitute check warranties
    SEC. 229.53 Substitute check indemnity
    SEC. 229.54 Expedited recredit for consumers
    SEC. 229.55 Expedited recredit for banks
    SEC. 229.56 Liability
    SEC. 229.57 Consumer awareness
    SEC. 229.58 Mode of delivery of information
    SEC. 229.59 Relation to other law
    SEC. 229.60 Variation by agreement
    Appendix A to Part 229—Routing Number Guide to Next-Day Availability Checks and Local Checks
    Appendix B to Part 229—Reduction of Schedules for Certain Nonlocal Checks
    Appendix C to Part 229—Model Availability Policy Disclosures, Clauses, and Notices; Model Substitute Check Policy Disclosures and Notices
    Appendix D to Part 229—Indorsement, Reconverting Bank Identification, and Truncating Bank Identification Standards
    Appendix E to Part 229—Commentary
    Appendix F to Part 229—Official Board Interpretations; Preemption Determinations
    Board Policy Statement on Delayed Disbursement of Teller's Checks and Cashier's Checks
    COMPETITIVE EQUALITY BANKING ACT OF 1987
    TITLE I—FINANCIAL INSTITUTIONS COMPETITIVE EQUALITY

    Sec. 101 Amendments to the Bank Holding Company Act of 1956
    TITLE II—MORATORIUM ON CERTAIN NONBANKING ACTIVITIES

    Sec. 201 Moratorium on certain nonbanking activities
    Sec. 202 Authority of federal banking agencies
    TITLE VI—EXPEDITED FUNDS AVAILABILITY

    Sec. 601 Short title
    Sec. 602 Definitions
    Sec. 603 Expedited funds availability schedules
    Sec. 604 Safeguard exceptions
    Sec. 605 Disclosure of funds availability policies
    Sec. 606 Payment of interest
    Sec. 607 Miscellaneous provisions
    Sec. 608 Effect on state law
    Sec. 609 Regulations and reports by Board
    Sec. 610 Administrative enforcement
    Sec. 611 Civil liability
    Sec. 613 Effective dates
    FEDERAL RESERVE BOARD'S REGULATION DD
    PART 230—TRUTH IN SAVINGS

    SEC. 230.1 Authority, purpose, coverage, and effect on state laws
    SEC. 230.2 Definitions
    SEC. 230.3 General disclosure requirements
    SEC. 230.4 Account disclosures
    SEC. 230.5 Subsequent disclosures
    SEC. 230.6 Periodic statement disclosures
    SEC. 230.7 Payment of interest
    SEC. 230.8 Advertising
    SEC. 230.9 Enforcement and record retention
    SEC. 230.10 [Reserved]
    SEC. 230.11 Additional disclosure requirements for institutions advertising the payment of overdrafts
    Appendix A—Annual percentage yield calculation
    Appendix B—Model clauses and sample forms
    Appendix C—Effect on state laws
    Appendix D—Issuance of staff interpretations
    Supplement I to Part 230—Official Staff Interpretations
    FEDERAL DEPOSIT INSURANCE CORPORATION IMPROVEMENT ACT OF 1991
    Title II—Regulatory Improvement
    Subtitle F—Truth in Savings

    SEC. 261. Short Title
    SEC. 262. Findings and Purpose
    (a) Findings
    (b) Purpose
    SEC. 263. Disclosure of Interest Rates and Terms of Accounts
    (a) In general
    (b) Broadcast and electronic media and outdoor advertising exception
    (c) Disclosure required for on-premise displays
    (d) Misleading description of free or no-cost accounts prohibited
    (e) Misleading or inaccurate advertisements, etc., prohibited
    SEC. 264. Account Schedule
    (a) In general
    (b) Information on fees and changes
    (c) Information on interest rates
    (d) Other information
    (e) Style and format
    SEC. 265. Disclosure Requirements for Certain Accounts
    SEC. 266. Distribution of Schedules
    (a) In general
    (b) Distribution in case of certain initial deposits
    (c) Distribution of notice of certain changes
    (d) Distribution in case of accounts established by more than 1 individual or by a group
    (e) Notice to account holders as of the effective date of regulations
    SEC. 267. Payment of Interest
    (a) Calculated on full amount of principal
    (b) No particular method of compounding interest required
    (c) Date by which interest must accrue
    SEC. 268. Periodic Statements
    SEC. 269. Regulations
    (a) In general
    (b) Model forms and clauses
    SEC. 270. Administrative Enforcement
    (a) In general
    (b) Additional enforcement powers
    (c) Regulations by agencies other than the Board
    SEC. 271. [Repealed]
    SEC. 272. Credit Unions
    (a) In general
    (b) Regulations prescribed by the NCUA
    SEC. 273. Effect on State Law
    SEC. 274. Definitions
    RIEGLE-NEAL INTERSTATE BANKING AND BRANCHING EFFICIENCY ACT OF 1994

    SEC. 1 Short title; table of contents
    SEC. 107 Equalizing competitive opportunities for United States and foreign banks
    SEC. 109 Prohibition against deposit production offices
    SEC. 111 Restatement of existing law
    SEC. 112 GAO report on data collection under interstate branching
    SEC. 210 Study and report on the United States financial services system



    It is now believed that this freeing of the banking system caused a mental health problem known as Freedom Induced Insanity Syndrome -- a well-known affliction that is brought on by an excess of freedom and is characterized by completely irrational, economical-suicidal behavior.

    In the case of the American economy, the Bush deregulation of banking caused an excess of freedom, causing this Insanity Syndrome in thousands of previously profit-seeking lenders and investors. These lenders and investors -- the very same “selfish”, “greedy”, “risk averse“ “tightwad” “money bags” whose reluctance to loan money to “needy” people forced the government to create the FHA, Fannie, Freddie, Ginny Mae, the FHLB, the CRA, the FHEO, HUD and all those other institutions and laws designed to “insure an adequate flow of funds” to the housing market -- those very same supremely “selfish” individuals, faced with an excess of freedom, were collectively afflicted with the Insanity Syndrome and decided that the best way to maximize their profits was to give their money away to people not likely to repay it. Thus was the crises born.

    There are many recorded instances of Freedom Induced Insanity Syndrome (FIIS). The discoverer of FIIS -- Dr. Muir -- notes that this syndrome was the cause of the massive depressions that hit all of the economies of the nations that were freed by the fall of communism.

    “It’s a fact” said Dr. Muir, “that only having a government gun held to one’s head can prevent the sort of economic calamity we see in every nation that tries free markets.”

    There is no word yet on when the Obama administration will move to have these crucial regulations re-imposed.
  • Randy
    Great post! Annoying... but great!
  • muirgeo
    Sorry Michael size doesn't matter.

    Repeal of Glass Steagall
    Commodity Futures Modernization Act of 2000
    Tax cuts for the wealthy
    Free Trade agreements
    CEO stock option compensation
    Non-enforcement of the Shermann Anti-trust act
    A Fed Chairman who declined to enforce regulations
    A slew of policies that generally transfered wealth from main street to Wall street.


    It's clear these policies and other libertarian policies have had far more sway since 1980 and the end results are economic colllapse just as they were in 1929 when your big long stupid list of regulations didn't exist to explain away the collapse.

    Not one thing or any group of them in your list can you point to as a causative factor that might explain why the crash occured in 2008 and not in 1970.

    You're simply a denialist and an ideolgue with no good place to hide in the real world.
  • MichaelSmith
    Not one thing or any group of them in your list can you point to as a causative factor that might explain why the crash occured in 2008 and not in 1970.

    I have explained this to you many times, Dr. Muir. Government rules and regulations on the economy are enforced selectively.

    The rules against discrmination in lending -- for one example -- that went into affect many years ago -- are enforced selectively according to the whims of whichever brand of statist happen to be in power.

    The Clinton and Bush statists -- pushed by organizations like ACORN -- decided to enforce these regulations stringently. And thus the law against discrimination in lending led to the only thing it could lead to: a great deal of indiscriminate lending -- which is the root of this whole mess (though there are obviously other compounding factors).

    But I am not here to convince you of anything -- for you are clearly beyond persuasion. I only made that post to illustrate the utter nonsense of claiming that our banks had been "deregulated".
  • Methinks1776
    Michael, I've tried to explain the basics of options to Muirpid about a year an a half ago - right around the time he started frothing at the mouth about them. Got nowhere. Don and Russ also got nowhere on any other subject. In fact, nobody here has ever been able to drill through the muirdiots thick but empty skull.

    I do remember once having an exchange where muirdiot seemed to understand. It was an amazing time. He stopped flailing around calling libertarians and republicans stupid and seemed to make a real effort to try to understand something. Of course, after that brief ray of light, he went right back to his stream of consciousness posts as if nothing ever happened. As long as any of your explanations to not fit his narrative (which he is also confused about), you're screaming into a hurricane. So....good luck.
  • MichaelSmith
    I understand, Methinks. I'm not commenting in any hope of reaching muirgeo -- if you, the men who run this website and the other highly intelligent commenters here can't get through to him, I certainly don't expect to either. I'm just trying to counter the effects his comments may have on others that drop by this web site.
  • Methinks1776
    Michael,

    Good point. I enjoy every one of your comments immensely and if Muirpid's posts elicit more comments from you, I think I can safely say I'm speaking for many readers here that we are glad.
  • Methinks1776
    You have no idea what any of those things are or how they work in practice. And neither does your buddy, DK. But, you're both sure you have the answer to what is "correct" and "good" regulation and what isn't. Seeing as you're both ignorant of both finance and financial regulation, I'm sure you think that makes you both experts.
  • muirgeo
    Yeah and you're the dope who tried to tell us financial derivatives weren't a problem. There are plenty of good academic economist and actual people who work in finance on Wall Street from which my opinions are formed.
  • Methinks1776
    ummm....how do I put this in language you can understand, Muirpid?

    Railing against stuff you can't even begin to wrap your mind around is generally not considered by most people to be "forming an opinion".

    I'm sure looking forward to your snappy, misspelled reply.
  • yetanotherdave
    So you admit you don't form your own opinions...
  • robert_o
    Glass-Steagall was repealled? Does that mean that the FDIC no longer exists? After all, the FDIC was created by Glass-Steagall. Oh wait, or maybe you just have no idea what you're talking about.

    Half of your list has questionable links to the current crisis. The other half is irrelevant.
  • danielkuehn
    I have to agree with muirgeo, at least insofar as "size doesn't matter". I'm not sure what the length of this list is supposed to illustrate. I saw a lot of criminal statutes in there (ie - no money laundering or fraud... yes, THAT one is a real infringement on our liberty). Large chunks of it were just definitions. Other chunks I skimmed just outlined court jurisdictions.

    I'm not trying to say we have heavy or light legislation in this country - I'm just saying that in an economy as robust and complex as ours, a couple pages of listed reg titles doesn't mean much of anything. Are you just making the case that the regs are voluminous? Length alone doesn't tell you anything about how restrictive and distortionary the regulations that are on the books are. You can draft a very short financial regulatory code that can do a lot of damage, or you can have a voluminous regulatory code that requires nothing but a series of banal public disclosures which will certainly raise the costs of doing business (because you have to hire someone to do all that work of putting together all those disclosures), but won't substantially distort anything in the financial markets.

    So what does your big long list tell us, Michael Smith? That you know how to copy and paste and you're a clever poster? I'm not sure it really tells us much more than that.
  • yetanotherdave
    "I have to agree with muirgeo, at least insofar as "size doesn't matter"."

    Well that certainly explains a few things...
  • MichaelSmith
    So what does your big long list tell us, Michael Smith?

    It tells us that the notion that the U.S. banking system has been deregulated is false -- and, as a consequence, it also tells us that the claim that said banking deregulation led to the financial crises is also false.
  • indianajim
    Isn't it amazing that Daniel felt the need to ask such a question? MichaelSmith, you have been gracious in not answering with sarcasm and/or astonishment.
  • Methinks1776
    I agree. Michael is a better person than I am.
  • danielkuehn
    Well, it tells us that complete deregulation is false, not that deregulation is false.

    And I'm not sure how it tells us anything about the financial crisis. Presumably if regulation or deregulation had any role in the crisis it was qualitative changes to the regulatory burden that contributed, not the mere existence of regulations.

    People who say deregulation played a role don't generally argue "there is no regulation and that caused the crisis", they say "there is regulation, but the recent repeal of certain provisions in the Glass-Steagall Act contributed to the crisis". Those are two different statements. Your cut-and-pasting addresses the first, strawman position. It doesn't speak at all to the second position.

    I don't know what the answer is - I don't know much of anything about financial market regulation or it's role in the crisis. I do know that copying and pasting regulatory code doesn't expand my knowledge of it at all.





  • MichaelSmith
    Well, it tells us that complete deregulation is false, not that deregulation is false.

    The expression “complete deregulation” is a redundancy. To “deregulate” means to remove regulations -- all regulations. To maintain that a “deregulated market” includes cases where a large amount of regulation remains, is to say that a market can be both “deregulated” and “regulated“ at the same time. This is every bit as much of a contradiction as saying a device is both deactivated and activated at the same time -- or that a body is both deloused and lice infested at the same time -- or that a thing is both de-emphasized and emphasized at the same time.

    Properly, then, the burden of including a modifier to clearly express what one is talking about falls with the person who refers to markets where regulation has been reduced but not eliminated. Such markets can only logically be referred to as “partially deregulated” or “somewhat deregulated”, etc.

    This is why muirgeo’s description of our banking system as “deregulated” is thoroughly unjustified -- and I posted the long list of rules and regulations to highlight the contradiction of calling such a market “deregulated“.

    Nor do I accept your claim that the argument being offered by those blaming “deregulation” for this crises amounts to only this: “there is regulation, but the recent repeal of certain provisions in the Glass-Steagall Act contributed to the crisis.” I agree that some individuals are making that argument, but the left is going a lot further.

    Muirgeo, for instance, has repeatedly argued here that the last 30 years of our economic history has been “dominated” by a “libertarian philosophy” of “gutting regulations” and expanding economic freedom -- a claim that clearly goes well beyond a limited claim about changes in portions of the Glass-Steagall Act.

    Indeed, one of the left’s most cherished arguments at the moment is that Alan Greenspan himself has admitted that laissez-faire capitalism has failed and that he was wrong to believe in it.

    So pointing out the vast amount of regulation that remains on our banking industry -- as an illustration of how far, FAR away we are from any sort of “libertarian” economic policy or “laissez-faire” -- is not at all addressing a “straw man”.
  • danielkuehn
    OK - in response to your question below:

    I think (a.) is wholly grammatically accurate, and I'd expect people to point out "but that was a fairly paltry deregulation". A regulation of the market has been eliminated, therefore there has been deregulation in the market, but the market is not deregulated.

    I think (b.) is true and POTENTIALLY misleading if you think the public is dumb as a post. As per my response to (a.), deregulation is an act that has been performed upon the market. Another example: "Joey kicked the ball", and "the ball has been kicked". Perfectly acceptable. Now, I say it's "potentially" misleading because "deregulated" is both an adjective and a past tense verb. In this case it is clearly a past tense verb. If the public is as dumb as a post, they MAY think it is an adjective. But their misunderstanding does not make it inaccurate. I think this is very unlikely. Anyone who actually thinks there are no regulations in the American economy probably isn't going to be engaging in a discussion about the American economy. Essentially, if you know the definition of "regulation", you're probably intelligent enough to know that there are regulations. You have to assume a great deal of stupidity on the part of listeners to argue that they'd be confused about this.

    As for (c.) - I think "the market was deregulated" in this sentence is accurate for the same reason I thought (b.) was accurate. The rest of the sentence has absolutely nothing to do with word choice anymore - it's horrendous analysis and should be criticized on that basis. I don't see how that extremely poorly reasoned argument has anything to do with accurate word choice. It's a logical fallacy not a grammatical or linguistic fallacy.

    I also want to comment on this statement: "I hold statement "b" to be both false and misleading, because a market cannot be regulated and deregulated at the same time."

    I don't think that is what (b.) is saying. The market "is" regulated, but it "has been" deregulated. "Deregulated" is an action that has been performed on it in the past, "regulated" is a word that currently describes the market.

    As for your "-ate" endings, I'm not sure why "-ate" and "-tion" implies what you're saying it implies. Another example you guys like: liberate - to free someone. Let's say you were being held prisoner in a foreign country and the Marines came and broke you out - they "liberated" you. But obviously that doesn't mean you have complete freedom. You still end up back in the U.S. where you've gotta pay taxes and follow all these nasty regulations. You were "liberated" but you weren't completely "liberated". There is an implied delimitation as to what you were liberated from, and nobody is dumb enough to here "MichaelSmith was liberated by the Marines today" and think "wow that's sweet - he's completely free he doesn't have to pay taxes anymore!". No. It's understood there's a limited sense in which he is liberated, just like it's understood that there's a limited sense in which the market is deregulated.
  • danielkuehn
    Re: "The expression “complete deregulation” is a redundancy. To “deregulate” means to remove regulations -- all regulations. "

    That's an interesting vocabularly lesson. So if we were to wipe two thirds of those regulations off the books, you would say that can't be legitimately described as "deregulation"?
  • MichaelSmith
    Correct, I would not consider it legitimate to describe a still-regulated market with the unmodified term, "deregulated". "Partially deregulated"? Yes. “Largely deregulated"? Perhaps, depending on the extent of the regulations still in place.

    But if “deregulated” means any market that has had any amount of regulations removed, then this would mean that a market with 10% of its regulations removed, one with 50% of its regulations removed, and one with 100% of its regulations removed, would all qualify as “deregulated”. Used thusly, “deregulated” can refer to everything from actual laissez-faire markets to those still laboring under heavy regulation -- which effectively renders the term meaningless.

    The only thing this sort of usage of the term “deregulated” accomplishes is that it permits statists to point to the failures of the still-heavily-regulated “deregulated” markets and claim that such failures prove that capitalism has failed, laissez-faire doesn’t work, etc -- which is precisely what muirgeo did at the start of this discussion.

    But the simple fact is that the failure of a regulated market proves nothing about the free market.

    I’ll offer one more analogy. A man is known to be addicted to both alcohol and cocaine; he enters a detoxification program. He emerges a few weeks later and tells you, “I’m detoxed!” But in fact, he’s still using cocaine.

    Was his description of his condition as “detoxed” accurate and honest? No -- the most he can honestly claim is to have been partially detoxed. And if the man dies of a cocaine overdose the next day, are you going to buy the argument that his death was caused by the “detoxification”. No!

    Yet this is precisely what muirgeo and other leftists are doing regarding the financial crises. Our financial markets are being made sick by regulations. Along the way a few regulations are dropped and the market is declared “detoxed”. But also along the way, the remaining regulations -- such as the laws against discrimination in lending -- begin to be enforced much more stringently, which makes the market much, much sicker, maybe even terminally sick. And what does the left blame? The “detoxification”!

    Such is what comes from letting the left destroy the meaning of words.
  • danielkuehn
    Re: "But if “deregulated” means any market that has had any amount of regulations removed, then this would mean that a market with 10% of its regulations removed, one with 50% of its regulations removed, and one with 100% of its regulations removed, would all qualify as “deregulated”. Used thusly, “deregulated” can refer to everything from actual laissez-faire markets to those still laboring under heavy regulation -- which effectively renders the term meaningless."

    OK - but now we're jumbling adjectives and verbs. I was talking about "regulation". Of course an administration can pursue a policy of "deregulation" and still come out with a "regulated" market that is less "regulated" than the former market. In that sense the market is definitely still "regulated" but you also still have an instance of "deregulation". You said that the verb "to deregulate" means removing all regulations. That's the point I was disagreeing with initially.


    RE: "But the simple fact is that the failure of a regulated market proves nothing about the free market."

    I would agree - I'm not taking muirgeo's side on that point. But I would further argue that the failure of a regulated market says nothing about other variants of regulated markets.






  • MichaelSmith
    DK wrote:

    OK - but now we're jumbling adjectives and verbs. I was talking about "regulation".

    Everything I said about the adjective applies to the verb as well.

    You said that the verb "to deregulate" means removing all regulations. That's the point I was disagreeing with initially.

    Yes, and I’ve shown why: to “deregulate” is to produce a “deregulated” market -- and a market cannot be “deregulated” and “regulated” at the same time.

    But you’ve not addressed anything I’ve written -- you’ve just tried to maintain that “deregulation” can be a process that leaves regulation in place.

    And so you offer this formulation:

    Of course an administration can pursue a policy of "deregulation" and still come out with a "regulated" market that is less "regulated" than the former market. In that sense the market is definitely still "regulated" but you also still have an instance of "deregulation".

    So let me try one more time. Your statement above is like saying:

    Of course an administration can pursue a policy of “deactivation” and still come out with an “activated” bomb that is less “activated” than before. In that sense the bomb is definitely still “activated” but you also have an instance of “deactivation”.

    When the bomb blows up, are you still going to maintain that this was an instance of “deactivation” -- or are you going to agree that all that can accurately be said is that this was an instance of “partial deactivation” or “incomplete deactivation”?

    An “instance” of “deregulation” that leaves a market “regulated” is a contradiction in terms -- unless one adds some sort of qualifier -- such as “partial” -- to indicate clearly that this instance of “deregulation” has a meaning different than a “deregulation” that produces a truly deregulated, laissez-faire market.

    Using the term "deregulation" without such a qualifier will mean that a market that has been made laissez-faire and a market that is still almost totally controlled can both held out as examples of “deregulation” -- which means, that the failures and problems of the still-highly-controlled market can be used as an indictment of laissez-faire on the grounds that “deregulation” has been shown not to work.

    The more honest term to use in these cases of “partial deregulation” is to simply describe it as “slightly/somewhat/significantly reduced regulation” -- while being prepared to defend the adverb of your choice. That expression leaves no grounds for misrepresentation of what has been done, and no way to blame laissez-faire for problems in markets that are still highly regulated.
  • danielkuehn
    RE: "So let me try one more time. Your statement above is like saying:

    Of course an administration can pursue a policy of “deactivation” and still come out with an “activated” bomb that is less “activated” than before. "

    Let me start out by saying that at this point this is purely and simply a game of semantics, in my mind. Which is fine by me - semantic games can be entertaining.

    Anyway - your choice of analogy demonstrates that you probably know I'm right, even if you haven't admitted it to yourself. You specifically chose a dichotomous example - the activation of a bomb. In that case, the only comparison is between "on" and "off". Not so with regulation. An economy can be highly regulated, moderately regulated, barely regulated, or unregulated. A bomb can't be "moderately activated" or "barely activated", so the verb describing the activation of the bomb is going to reflect this.

    Let me put it this way - when I responded to your verb choice and called it inappropriate, you responded by providing an adjective choice that I agreed with but that was irrelevant to my verb choice. So let me ask the question this way: if an administration were to embrace a policy that reduced the burden of regulations by two thirds but did not entirely eliminate regulations, what VERB would you use to describe that? You claim to think that "deregulation" is inappropriate - would you call the reduction of regulation an act of "regulation"?

    I think "deregulation" as a verb is fine - and I think you know it is, you just don't want to back down.

    And to drive home my point, I'll modify your bomb example but get rid of the dichotomous element of the example. Instead of "activating" a bomb, let's say we are upgrading/downgrading the bomb (I suppose by switching out a different warhead? I don't know - whatever the process is). If you replace hte existing warhead with a new warhead that has only half the payload, wouldn't you say that you've "downgraded" the bomb? You obviously haven't completely eliminated the nuclear payload, but you've reduced it. It seems to me that you've still "downgraded" the bomb.











  • MichaelSmith
    DK, while you are thinking about this issue, consider this question:

    Suppose we have a market to which government has applied 3 regulations:

    1) Every business owner must purchase a business license from the government at a price of $100 every year.

    2) Every business owner must pay all his employees time and a half for all work done in excess of 40 hours in a week.

    3) All products sold in this market must be sold at the same, fixed price set by the government, with the government free to change this price at any time, up to and including weekly or daily changes.

    So we have three regulations in this market. How would you evaluate the following statements, made to a public that is not versed in the details of this market's regulation:

    a) Regulation "1" is lifted and then public is told, "Deregulation has occurred in this market."

    b) Regulation 1 is lifted, and the public is told, "This market has been deregulated."

    c) Regulations 1 & 2 have been lifted, and after 6 months the public is told, "This market was deregulated and it is still racked with problems, therefore deregulation has been shown not to work.

    I hold that "a" is misleading, because anyone who knows the details of this market will realize that regulation "1" is economically trivial, and therefore its removal is irrelevant. I realize that you are trying to make the case that statement "1" is accurate -- and that that is the very issue we are debating -- but I'm just wondering whether you will also defend it as not being misleading.

    I hold statement "b" to be both false and misleading, because a market cannot be regulated and deregulated at the same time.

    I hold statement "c" to be both wrong and intellectually dishonest. To remove regulations that one knows to be economically irrelevant while leaving intact a regulation as draconian as total government price controls -- and then conclude that "deregulation doesn't work" -- is indefensible.

    According to your interpretation, however, that statement is accurate. Do you also hold it to be not misleading and not dishonest.

    Just curious as to your interpretations.

    By the way, in my last comment where I noted the common prefixes and suffixes used in the example of "activated" and "deactivated" versus "regulated" and "deregulated", I forgot to note that they also obviously share the suffix "-ion". Just an oversight on my part. No intention to avoid a comparison of the meaning of "deactivation" versus "deregulation".
  • danielkuehn
    See my answer above soon - this is getting thin. Very interesting framing of the question!
  • MichaelSmith
    It would certainly appear that you don’t actually read what I write, at least not very carefully -- otherwise, you'd see that I've already addressed a question you just asked:

    So let me ask the question this way: if an administration were to embrace a policy that reduced the burden of regulations by two thirds but did not entirely eliminate regulations, what VERB would you use to describe that? You claim to think that "deregulation" is inappropriate - would you call the reduction of regulation an act of "regulation"?

    As I said in my last comment:

    The more honest term to use in these cases of “partial deregulation” is to simply describe it as “slightly/somewhat/significantly reduced regulation” -- while being prepared to defend the adverb of your choice. That expression leaves no grounds for misrepresentation of what has been done, and no way to blame laissez-faire for problems in markets that are still highly regulated.

    So no, I wouldn’t call a policy of “2/3 deregulation” “regulation“ -- I‘d either call it a policy of “significantly reduced regulation“ or I‘d call it a policy of “2/3 deregulation“

    As I’ve said over and over in these comments -- which you evidently have not comprehended -- it is not the use of the term “deregulation” that is “inappropriate”, it is the failure to include a modifier to distinguish between the cases of 1% repeal of regulations versus 50% or 100% repeal of regulations. It is the attempt to hold all three of those cases as equally valid examples of “deregulation” that is inappropriate.

    What’s more, I’ve repeatedly noted the problems the absence of such a modifier generates -- another fact which seems to have eluded you.

    As to the example I chose, I selected that one because it involves the same set of suffixes and the same prefix applied to a root, namely “-ate” (going from active to activate is like going from regular to regulate), “-ed” (going from activate to activated is like going from regulate to regulated) and “de-” (going from activated to deactivated is like going from regulated to deregulated).

    So, no, I didn’t specifically choose a “dichotomous” term, I chose a term that is grammatically treated the same way. I did consider the fact that “activated” and “deactivated” are bimodal in nature -- but so are “regulated“ and “deregulated“; just as a bomb can either explode or not -- which are the two states to which the terms “activated” and “deactivated” refer -- so a market is either regulated or not, which is the two states referred to by “regulated” and “deregulated”.

    As for your point that, unlike “activation”, there are intermediate states of regulation, that fact supports my case -- as your “downgraded bomb” example illustrates.

    Yes, I’d agree that when you are talking about a bomb whose destructive power has been reduced -- but not eliminated -- “downgraded“ would be accurate -- it would fool no one into thinking that the bomb could no longer explode -- while “deactivate” would be wholly misleading.

    Likewise, when we are talking about a market whose regulations have been reduced -- but not eliminated -- we should use a comparable term to “downgraded” as opposed to “deregulated” -- precisely because using the term “deregulated“ to refer to a market that is still regulated is wholly misleading.

    This is not a semantics game to me. The very fallacy that I’ve been addressing in these comments was committed in “muirgeo’s” first comment in this thread when he alluded to the financial problems stemming from our “deregulated banks”. In my view, to refer to the U.S. banking system at present as “deregulated” -- or to hold out what has been done to the banking industry as “deregulation” -- is simply preposterous, and can lead to nothing but confusion and fallacious arguments aimed at discrediting laissez-faire.
  • danielkuehn
    I understood quite well your point about "partial deregulation", I just found it ironic that you would be the one complaining about "rendering a term meaningless" when you're the one insisting that we can only use the verb "deregulate" if all regulations are wiped off the books. That's what would render the term meaningless.

    You further complain: "It is the attempt to hold all three of those cases as equally valid examples of “deregulation” that is inappropriate", without even realizing that your chosen modified version - "partial deregulation" does the EXACT SAME THING - it holds multiple intermediate reductions of regulation as "equal". Why is it that "partial deregulation" passes on this point for you, but "deregulation" doesn't? It is certainly true - neither are as specific as they could potentially be. But that doesn't make either of them "inappropriate" - and the same problem you're complaining about in "deregulation" holds for "partial deregulation".

    To deregulate is to eliminate a regulation. It does not imply that you eliminate all regulations. I don't even think muirgeo is arguing that. If you're basing your point on the fact that muirgeo uses hyperbole, I don't think that's a valid reason for imposing arbitrary grammatical rules of your own.

    I don't see why anyone is any more likely to assume that "deregulate" means that all regulations have been done away with than they are to assume that to "downgrade" means that all explosive force of a bomb has been done away with. Why do you assume that people would assume that all is gone in one instance but not in the other? What does the ending "-ate" have to do with that?
  • indianajim
    Great points; thanks for making them. Muirgeo does not understand it, but he is setting up the perfect openings for you to make your points with ever greater clarity to anyone interested in reason and evidence (not muirgeo, judging from his comments).
  • brotio
    But Yasafi's "regulation=GOOD - freedom=BAD" resonates with you.

    Oh, but you're no socialist.
  • muirgeo
    Good regulation = more freedom

    As opposed to the simpleton mantra touted here

    Less regulation = more freedom Which is patently false and is why you are paying taxes for Llyod BlankF's bonus.
  • MWG
    "Less regulation = more freedom Which is patently false and is why you are paying taxes for Llyod BlankF's bonus."

    No, our tax $s are going to him because people in power (those YOU want to give more power to) gave it to him. How's that for simplicity? Moron...
  • danielkuehn
    That's exactly why I said "I agree with muirgeo insofar as 'size doesn't matter'", precisely because as a rule of thumb I think regulation=bad and freedom=good and I suspect he doesn't.

    Now... am I totally on board with Cafe Hayek? Of course not - because I can actually conceive of situations where regulation!=bad. But that doesn't change my rule of thumb.
  • russroberts
    MichaelSmith,

    This was a bit long, but it was one of those cases when length was appropriate. Very well done.
  • MichaelSmith
    Thank you sir, and I apologize for the length of that list. That list, incidentally, is only a table of contents for the regulations.

    There really is a staggering amount of regulation on the books when you actually look at it.
  • Methinks1776
    Good one, Michael. And it's not as draconian as it appears in your fine post either.

    Every new regulatory rule raises a million questions. We ask for clarification from the regulator. When the regulator gets back to us (after a few weeks or months - what's the hurry? it's not like we have to actually do business and comply or anything), the answer doesn't really answer the original question well, but raises 15 more questions. And on it goes.

    The truth is that the regulator wants to make the rules and the "clarifications" of those rules as fuzzy as possible. That way, companies will be forced to interpret the rules themselves and regulators will have enough leeway to haul companies in for supposed violations when it's time to create a lot of media hoopla to justify the regulatory body's existence to the taxpaying public.

    Firms are accused of "ignoring" or "skirting" regulation. In fact, they're just trying to work in a framework of purposely fuzzy rules and that make it impossible for them to predict the consequences of their actions. A new rule is a special kind of hell because there is not even precedent to fall back on.

    Yeah, "sound regulation" works really really well.
  • MichaelSmith
    Methinks, that's a great point about the rules being fuzzy. That is exactly what I experienced in producing medical devices under the FDA's "Good Manufacturing Practices": fuzzy, vague, ill-defined generalities that were wide-open to many different interpretations.
  • vidyohs
    Muirduck you fool, after Michael shoved all that up your ass does your fat ass really really hurt? God, fool, how do you do it day after day and still come back and try again?

    It would never occur to a freaking idiot like you that perhaps the reason Canadian banking suffered less just might be because they had less regulation and just possibly more intelligent regulation than the USA? Oh my lord, is that possible?

    Your track record is that given a choice of two, you will always choose the broken.
  • muirgeo
    "...just possibly more intelligent regulation than the USA? "



    Yeah that's all I'm suggesting.
  • muirgeo
    There is plenty of evidence to suggest markets do better with good regulation.

    Just look to Canada. Their banks were better regulated and had none of the major problems our deregulated banks did.

    Hell I could solve most of the economies problems in 5 easy steps.

    1) Overhaul lobbying/ have publically fuinded elections
    2) have a transaction tax on all trades
    3) Increase the tax rate to 80% on all income greater then $1 million dollars
    4) Make complex financal products illegal.
    5) deny corporate personhood


    Overpaid CEO's and Wall Street jack asses will now have to produce something of value comparable to their earnings because unregulated markets are incompetant at meatingout worth in proportion to value.
  • Methinks1776
    Jackass is one word, Jackass.
  • muirgeo
    Yeah and jack assess is two words. Jack asses.
  • MWG
  • MWG
    LMAO
  • HaywoodU
    With brilliance such as this, why are you wasting your valuable time here?
  • Methinks1776
    More variables. A bolt on an airplane wing can't make a million decisions every day. That's exactly what people do, thus controlling people is impossible. And the more people one tries to control, the more impossible the task and that's the goal of all government economic policy. I cannot muster any respect for economists who doesn't understand this basic truth.
  • Methinks1776
    that'll teach me to pop off a quick post in the middle of the day. Sorry for the grammatical errors. Yikes.
  • richard66
    > astute readers have found ways to get it.

    Can't find it. A small tip would be appreciated ;-)
  • gregworrel
    Follow Russ's link. On the right is a link that says "download." It will allow you to download as a guest. Select non-profit. Make up an institution name. Voila!
  • richard66
    Yep, that'll do it. Thanks
  • Metre
    The economy is more analogous to weather than it is to an airplane. The weather obeys the laws of physics but is so complex that it resists our best efforts to predict it beyond a few days in advance. But in weather, attempts are made to measure important parameters world-wide: temperature, precipitation, amount of sunlight, etc. These measurements are then fed into computer odels to help make predictions. Do economists have metrics to help them understand the state of the economy? Do they have models that make predictions based on these measurements? It would be nice if economics had some predictive capability, rather than being a forensic science.
  • iamisha
    Weather might indeed be a better analogy.

    There is predictive capability in economics (see, e.g., Human Action, by Mises, not to mention the fortunes amassed by those who understand principles of economics), but too many economists ignore the principles of economics when they provide policy prescriptions.

    "The curious task of economics is to demonstrate to men how little they really know about what they imagine they can design." -- F.A. Hayek, The Fatal Conceit
  • iamisha
    The distinction to be made is between complex and complicated. Airplanes, cars, computers, and other intentionally designed things follow laws of physics and their designs, however, complicated, can be nearly fully understood. Complex orders, such as markets, however, are neither designed nor do they come close to being fully understood--at least not in a way that is analogous to the depth of understanding of, say, a motor.

    I fear that the analogy you use will tempt both economists and non-economists into believing that, given enough effort or given sufficiently smart experts, complex order can be fully understood and then controlled via smart regulation.
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