At a Senate Banking Committee hearing on Thursday, Sen. Elizabeth Warren (D-MA) rebuked Republicans for blocking Richard Cordray’s confirmation as director of her brainchild, the Consumer Financial Protection Bureau. After a bitter confirmation fight in 2011, President Obama bypassed the Senate using a recess appointment to grant Cordray a temporary term until the end of 2013. Republicans are threatening to filibuster him this time around unless the CFPB is drastically restructured.

Warren declined to question Cordray, who has testified a dozen times. She then directed scrutiny to her Republican colleagues, calling them out for using her former lieutenant’s confirmation as an excuse to undermine the Bureau:

What I want to know is why every banking regulator since the Civil War has been funded outside the appropriations process — but unlike the consumer agency, no one in the U.S. Senate has held up confirmation of their directors demanding that that agency or those agencies be redesigned…I see nothing here but a filibuster threat against Director Cordray as an attempt to weaken the consumer agency. I think the delay in getting him confirmed is bad for consumers, it’s bad for small banks, bad for credit unions, for anyone trying to offer an honest product in an honest market. The American people deserve a Congress that worries less about helping big banks and more about helping regular people who have been cheated on mortgages, on credit cards, on student loans and on credit reports. I hope you get confirmed. You have earned it, Director Cordray.

Watch it:

Warren herself was ousted from the running for CFPB director in an effort to avoid a confirmation battle with Republicans. Still, Senate Republicans are intent on holding up the confirmation of any director to the Bureau. In a letter to Obama last month, 43 Senate Republicans vowed to filibuster any nominee unless they are allowed to hobble the agency’s authority.

Republicans have tried to weaken the Bureau from its inception, claiming it lacks transparency. Unlike other financial regulatory agencies, which are dependent on Congress for funding, the CFPB is intended to be an independent agency with independent funding. If Republicans get their way, the CFPB will lose this independence, making it vulnerable to the partisan shenanigans and funding shortages that have derailed other regulators.

Cordray’s first term demonstrates the CFPB’s efficacy as an independent agency. In one year, the agency has increased supervision over mortgage lenders, brokers, consumer reporting agencies, and large banks, set up programs to help consumers better understand loan agreements and recoup refunds from deceptive and illegal practices, and wrote new rules to prevent wrongful foreclosures.

43 Republican senators signed a letter last week saying that they would obstruct any nominee to run the Consumer Financial Protection Bureau, regardless of qualifications, unless the CFPB is weakened. Republicans are essentially attempting to nullify a federal law via obstruction; Congress passed and President Obama signed a bill creating a CFPB, but the GOP is ensuring that it can’t function.

By weakening the CFPB, the GOP is doing the bidding of Wall Street’s biggest banks, which would have preferred that a regulator solely focused on consumer protection never come into being. Here are some facts and figures that Public Campaign pulled together on how much cash Wall Street has handed over to the 43 GOP’ers publicly obstructing Obama’s nominee:

– The 43 Senators have received $143 million in industry cash during their time in Washington.

– Sen. John McCain (R-Ariz.), boosted by his 2008 presidential bid, is the top recipient of financial industry cash of those signing the letter, with $36.7 million in donations from the industry. McConnell is second with $7.4 million in donations. Sen. Mike Crapo (R-Idaho), the ranking member of the Senate Banking committee, has received $2.4 million in industry cash. [...]

– The six Senators recently elected, or re-elected, in November who signed the letter — Sen. John Barrasso (R-Wyo.), Ted Cruz (R-Texas), Jeff Flake (R-Ariz.), Orrin Hatch (R-Utah), Dean Heller (R-Nev.), and Roger Wicker (R-Miss.) — received nearly $7 million altogether in industry donations in the 2012 cycle. Hatch tops this list with $2 million raised from the industry for his last election.

Sen. Rob Portman (R-OH), who is one of two Republican senators that did not sign the letter, said last week that Richard Cordray, who was recess-appointed by Obama to be the first CFPB director, simply accede to the GOP’s hostage-taking and call for watering down his own agency.

43 Republican Senators last week signed a letter saying that they would block any nominee to run the Consumer Financial Protection Bureau — regardless of the nominee’s qualifications — unless the agency is weakened and made subservient to other bank regulators. As economist Paul Krugman put it, “it’s an open attempt to use raw obstructionism to overturn the law.”

Sen. Rob Portman (R-OH) declined to sign that letter, but he is attempting to weaken the Bureau nevertheless. In a separate letter to CFPB director Richard Cordray, Portman laid out his belief that Cordray should embrace the weakening of his own agency:

“As a nominee to lead an independent agency, you have an opportunity to stake out a reasonable position on these proposals independent of the White House,” [Portman] wrote in a letter sent to Cordray Friday. “Now is the time to exercise that independence and lend your support to these commonsense reforms to make the Bureau more effective and accountable to the American people, so that the Senate can find a path forward on your nomination.” [...]

In particular, Portman called on Cordray to come out in favor of bringing the CFPB’s budget under the control of congressional appropriators, and actually replacing the director position with that of a bipartisan commission. The Ohio senator told the former Ohio attorney general that the bureau is in need of “basic accountability reforms” to bring its “unaccountable structure” under control.

In order to ensure its effectiveness, the CFPB needs an independent director and an independent stream of funding. Otherwise, it will share the fate of other bank regulators, which are weakened by partisan commission packing and lack of funds. House Republicans, for instance, have managed to undermine the Dodd-Frank financial reform law by denying regulatory agencies the funds to implement it.

The GOP has made it clear that obstructing any nominee for any reason is a strategy that is on the table. Portman would prefer that Cordray accede to that reality by weakening his own position voluntarily.

When the Dodd-Frank financial reform law first passed, Senate Republicans refused to confirm a director for the newly-created Consumer Financial Protection Bureau. They promised to block any nominee — regardless of that nominee’s qualifications for the job — unless the Bureau was weakened and made subservient to the same bank regulators who failed to prevent the 2008 financial crisis.

President Obama was thus forced to recess appoint Ohio Attorney General Richard Cordray to be the Bureau’s first director. Now that Obama has renewed Cordray’s nomination, the Senate GOP is again promising to block any nominee unless the Bureau is watered down:

In a letter sent to President Obama on Friday, 43 Republican senators committed to refusing approval of any nominee to head the consumer watchdog until the bureau underwent significant reform. Lawmakers signing on to the letter included Senate Minority Leader Mitch McConnell (R-Ky.) and Sen. Mike Crapo (R-Idaho), the ranking member of the Senate Banking Committee.

“The CFPB as created by the deeply flawed Dodd-Frank Act is one of the least accountable in Washington,” said McConnell. “Today’s letter reaffirms a commitment by 43 Senators to fix the poorly thought structure of this agency that has unprecedented reach and control over individual consumer decisions — but an unprecedented lack of oversight and accountability.” [...]

In particular, Republicans want to see the top of the bureau changed so it is run by a bipartisan, five-member commission, as opposed to a lone director.

They also want to see the bureau’s funding fall under the control of congressional appropriators — it currently is funded via a revenue stream directly from the Federal Reserve.

Republicans want to implement a commission (instead of a lone director) and subject the CFPB to the appropriations process in order to stuff it full of appointees with no interest in regulating and starve it of funds. The other financial system regulators that have to go before Congress for their funds already don’t have the resources to implement Dodd-Frank, thanks the House GOP, leaving large swathes of it unfinished. There are also a host of other reasons that the CFPB needs to be both independently funded and have a strong, independent director.

The CFPB has done important work on behalf of consumers, winning wide praise from consumer advocates and the financial industry. Senate Republicans, meanwhile, have made it abundantly clear that they believe that blocking any and all nominees is an acceptable strategy.

Less than a day after President Obama announced that he is re-nominating Richard Cordray to be director of the Consumer Financial Protection Bureau (CFPB), Republicans suggested that they again intend to obstruct his nomination based on their continued opposition to having a strong independent agency protecting consumers from predatory lending practices. Cordray’s recess appointment is set to expire at the end of 2013, unless the Senate confirms him.

Nearly every Senate Republican voted against the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, which established the independent bureau. In 2011, 45 Republicans filibustered Cordray’s nomination, denying him an up-or-down vote, based on their objection to the agency itself. In a May 2011 letter, the Republican Senators made it clear that they would not allow a vote on any nominee unless the CFPB was first drastically restructured and weakened — though they did not attack the former Ohio Attorney General Cordray’s qualifications.

Though President Obama comfortably won re-election and Senate Democrats expanded their Senate majority to 55 seats in November, just 41 members of the Republican majority can again prevent Cordray from even getting a confirmation vote. It appears that might be a challenge, as:

• Sen. Mike Crapo (R-ID), who is likely to be the top Republican on the Committee on Banking, Housing and Urban Affairs, said in a statement: “Today’s decision to re-nominate Richard Cordray to be Director of the Consumer Financial Protection Bureau after using an unconstitutional recess appointment is premature, given the outstanding concerns about the bureau and the legal challenge to the recess appointment. Until key structural changes are made to the bureau to ensure accountability and transparency, I will continue my opposition to any nominee for director, as outlined in a letter signed by 45 Republican Senators to the president.”
• Sen. Richard Shelby (R-AL), the outgoing Ranking Member on the Committee on Banking, Housing and Urban Affairs, through a spokesman said he has “not changed his position” since 2011.
• Sen. Bob Corker (R-TN), a member of the Committee on Banking, Housing and Urban Affairs, said in a statement: “While I respect Richard Cordray as a substantive person who has shown thoughtfulness in writing regulation up to now, I still have reservations about the CFPB’s structure, namely the lack of a board to help ensure sound policy and accountability, and I look forward to discussing with him how to address those concerns.”
• Rep. Jeb Hensarling (R-TX), chairman of the House Committee on Financial Services, said in a statement: “The Dodd-Frank Act places vast, unprecedented and unchecked power completely in the hands of a single person. The CFPB director has the power to decide whether American families can obtain a mortgage, get a car loan or even get a credit card. My hope is that the decision to renominate Mr. Cordray will open the debate about whether some common sense checks and balances will be placed on a massive bureaucracy that is now totally unaccountable to the American people.”

Despite the GOP’s reservations, the Cordray’s CFPB has been a great success, cleaning up the mortgage servicing industry, winning refunds for credit card customers, and preventing wrongful foreclosures. The fears of the industry proved baseless, as Cordray has earned praise for working with banks, credit unions, and consumer groups.

The Consumer Financial Protection Bureau (CFPB) is proposing new transparency and accountability rules for banks that handle mortgages, with the aim of cutting down on the number of avoidable or improper foreclosures.

Some of the proposed rules deal directly with how mortgage services deal with their non-delinquent clients. But along with those, CFPB is proposing a set of regulations that address instances where banks have wrongfully foreclosed on people — like the woman with the disabled daughter who was foreclosed on after she’d been offered a modification, the couple that was accidentally foreclosed on for paying a week early, or the many homeowners foreclosed on by people whose only qualifications included pizza slicing.

A press release outlined how that set of rules would work:

Payments Promptly Credited: Servicers generally would have to credit a consumer’s account as of the date a payment is received.

Maintain Accurate and Accessible Documents and Information: Servicers would be required to establish reasonable policies and procedures to provide accurate and current information to borrowers and minimize errors. They would have to submit accurate legal documents that comply with applicable law, help borrowers on options to avoid foreclosure, and provide oversight of their contractors and foreclosure attorneys.

Errors Corrected Quickly: If a consumer notifies the servicer that she thinks there has been an error, the servicer would be required to acknowledge receiving the notification, conduct a reasonable investigation, and, in a timely manner, inform the consumer about the resolution.

Direct and Ongoing Access to Servicer Personnel To Assist Delinquent Borrowers: Servicers would be required to provide delinquent borrowers with direct, easy, ongoing access to employees who are dedicated and empowered to help delinquent borrowers.

Requirements to keep homeowners informed include: Clarifying monthly statements to be more detailed and easier to understand; giving homeowners warnings before adjusting their rate, along with information on how to proceed if the new rate is too high; and providing timely notice and achievable alternatives when a homeowner might be foreclosed on.