#Brainard

24 05, 2022

DAILY052422

2023-02-21T13:49:08-05:00May 24th, 2022|2- Daily Briefing|

BIS Committee Fears Debt Build-Up Poses Systemic Risk

The BIS Committee on the Global Financial System has concluded that sharp increases in household and corporate debt pose increasing systemic risk.

CFPB Creates New Competition Office, Plan

Reflecting its director’s continuing focus on consumer-finance competition, the CFPB today recast an office that previously encouraged “sandbox” product launches into an office focused principally on enhancing the ability of small firms and start-ups to compete with big banks, fintech, and bigtech.

FRB-Dallas Staff: TALF Worked for CMBS

The Federal Reserve Bank of Dallas has issued a new report documenting the manner in which Fed support at the pandemic’s outset supported U.S. commercial real estate.

IDIs Sound, but Worrisome Signs

The FDIC’s report on banking-sector 1Q data shows that, despite continuing strong earnings and robust credit quality, some IDIs are facing serious challenges.

HFSC Disabilities Hearing Confirms Little Appetite for New Legislation

As anticipated, HFSC’s Subcommittee on Diversity and Inclusion hearing today covered issues faced by persons with disabilities such as under-banking, unemployment and housing inaccessibility.

Brainard to Lay Out Key CBDC Considerations

The HFSC staff memo today on Thursday’s CBDC hearing confirms that it will be a consequential session.

HFSC Backs OLA, Climate Action in FY23 Budget

The House Financial Services Committee today released its views on the FY2023 budget, detailing broad support for the administration’s financial stability, climate, and housing efforts to guide its future authorizing work and that of the appropriations committees to the extent they heed HFSC’s request.…

5 05, 2022

FedFin on: Agencies Advance Sweeping, Tough CRA Rewrite

2023-03-01T14:34:50-05:00May 5th, 2022|The Vault|

The FDIC today led the way with release of a long-awaited inter-agency proposal updating decades-old CRA regulation.  We will shortly provide clients with an in-depth assessment of the new approach, which includes an update to assessment-area calculations to address electronic-delivery modalities, tackles new concerns such as environmental and racial justice, and adds new community priorities such as childcare and financial literacy.  This report provides details on these provisions as well as on key points raised at the meeting by CFPB Director Chopra…

The full report is available to retainer clients. To find out how you can sign up for the service, click here and here.

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5 05, 2022

CRA31

2023-03-01T14:34:38-05:00May 5th, 2022|5- Client Report|

Agencies Advance Sweeping, Tough CRA Rewrite

The FDIC today led the way with release of a long-awaited inter-agency proposal updating decades-old CRA regulation.  We will shortly provide clients with an in-depth assessment of the new approach, which includes an update to assessment-area calculations to address electronic-delivery modalities, tackles new concerns such as environmental and racial justice, and adds new community priorities such as childcare and financial literacy.  This report provides details on these provisions as well as on key points raised at the meeting by CFPB Director Chopra, whose comments today were the most extensive and substantive.

CRA31.pdf

1 05, 2022

AL050222

2023-03-01T14:48:24-05:00May 1st, 2022|3- This Week|

Waiting in the Wings

Although the Senate last week confirmed Lael Brainard as the Fed’s new vice chair, Mr. Powell, Mr. Jefferson, and Ms. Cook remain on hold. The reason is political and powerful: the White House needs all the Democratic votes it can get to confirm Ms. Cook, several Democrats are out with Covid, and Mr. Powell’s confirmation is being held hostage to hers. All this will work itself out and all of the nominees will get confirmed, but it will take time. Similarly, Michael Barr will soon get his confirmation hearing to serve as Fed supervisory vice chair and then on to confirmation absent any untoward remarks or unknown facts Republicans can use to block him.

Al050222.pdf

16 03, 2022

DAILY031622

2023-04-03T14:41:40-04:00March 16th, 2022|2- Daily Briefing|

U.S. Merger Construct Clarity Delayed

The DOJ and FTC have extended the deadline for comment on the current U.S. antitrust construct.

Bureau Casts Wide, Sharp Net for Consumer-Finance Discrimination

Renewing his pledge to stamp out financial discrimination, CFPB Director Chopra today announced a new enforcement policy based on a revised examination manual.

Warren Demands Still More Antitrust Reform

Building on her campaigns against bank mergers (see FSM Report MERGER8) and more recent, broader competition concerns, Sen. Warren (D-MA) and Rep. Jones (D-NY) have introduced legislation barring large mergers in any sector and allowing the Department of Justice or FTC to break up companies without necessary resort to court order.

OCC Opens Window to AML Regtech

The OCC has finalized a rule based on its proposal allowing exemptions to SAR filing requirements for national banks and federal thrifts whose AML-compliance programs satisfy a set of criteria designed to spur regtech without undermining compliance.  The final rule clarifies a critical question by making it clear that the OCC can only grant an exemption if FinCEN concurs.

Fed-Nominee Voting Advances

Due to the Fed’s monetary-policy shift, today’s press conference after the FOMC meeting provided few insights into regulatory policy.  Chairman Powell reiterated that he would like a full Board complement but the System is functioning fine without one.

Daily031622.pdf

15 03, 2022

DAILY031522

2023-04-03T14:45:47-04:00March 15th, 2022|2- Daily Briefing|

House Readies Still Tougher Sanctions

Thursday’s HFSC mark-up will advance a series of bills ramping up sanctions designed as amendments to the omnibus legislation advancing through Congress to punish Russia and targeted allies.  We expect all these bills to pass by wide margins, with additional measures added after tomorrow’s speech from Ukraine’ president; we will provide clients with an in-depth report of the mark-up and other actions related to financial markets.

What’s Next at the Fed

As anticipated, Sarah Bloom Raskin has reportedly withdrawn her nomination following indication from Sen. Manchin (D-WV) and two moderate Republicans that they will oppose her confirmation.  Although this might clear the nominations of Chairman Powell, Gov. Brainard, Lisa Cook, and Phillip Jefferson, this will occur only if Chairman Brown (D-OH) is willing to sacrifice leverage over the next nomination for the supervision vice chair.

More on What’s Next for the Fed

President Biden’s statement today on Ms. Raskin’s withdrawal clarifies the outlook detailed in our alert earlier this afternoon.  After praising the nominee, the president urges the Senate to quickly confirm Mr. Powell, Ms. Brainard, Ms. Cook, and Mr. Jefferson.

Daily031522.pdf

18 02, 2022

Daily021822

2023-04-04T15:46:27-04:00February 18th, 2022|2- Daily Briefing|

White House, Senate Seek to Strength AML Criminal Law
In complete alignment with the White House, a bipartisan group of senior senators has introduced sweeping legislation to rewrite U.S. criminal law to address new ways to launder or counterfeit money.

Brainard Charts Course to CBDC Decision
While awaiting confirmation as Fed vice chair, Gov. Brainard remains active, today taking a more positive stance on the need for a CBDC without violating the wholly-undecided approach laid out in the Fed’s pending discussion draft (see FSM Report CBDC10).

Daily0221822.pdf

16 02, 2022

DAILY021622

2023-04-04T15:53:29-04:00February 16th, 2022|2- Daily Briefing|

FSB Fears Crypto, Contemplates Response
The FSB today issued an in-depth report on systemic crypto risk, concluding that this could so quickly become a real threat that it could warrant preemptive intervention.  Even so, the report provides no recommendations on how best to proceed, with global regulators confining themselves to a detailed presentation on vulnerabilities and resulting risk.

CFPB Opens Regulatory Portal to All Petitioners
Taking what it says are steps to democratize its rulemaking, the CFPB today established a process via which consumers may directly petition it to commence a rulemaking, also releasing a guide explaining the submission process.

FedFin Assessment: What’s Next for the Fed
As requested, this alert updates clients on the implications of yesterday’s GOP boycott of the confirmation votes in the Senate Banking Committee for President Biden’s FRB-leadership slate.  As anticipated (see Client Report FEDERALRESERVE66), Sarah Bloom Raskin’s nomination as supervisory vice chair is proving to be particularly problematic, leading Democrats to try to attach Chairman Powell’s far more popular confirmation to the rest of the slate in hopes of forcing it through.

Daily021622.pdf

21 01, 2022

Al012422

2023-04-21T14:31:22-04:00January 21st, 2022|3- This Week|

From a Distance…

The Federal Reserve’s long-awaited CBDC discussion draft led to remarkable Congressional unanimity on its import because pretty much anyone could read it any way they wanted.  The only clear conclusion we noted in our initial assessment is that the Fed is in no hurry to act and, should it ever decide to do so, it will demand heavy cover from Congress and the Administration.

Al012422.pdf

19 01, 2022

Daily011922

2023-04-24T13:33:40-04:00January 19th, 2022|2- Daily Briefing|

GOP Signals Congressional CBDC Strategy
Although the bill will not pass in this Congress, we draw client attention to H.R. 6415, legislation just now noted in the Congressional Record to bar the FRB from offering the “FedAccounts” Democrats espouse (see FSM Report CBDC).

OCC Grants Non-Traditional Charter Conditions on BHC Status
After close of business yesterday, the OCC gave conditional approval to SoFi’s acquisition of an insured depository and thus to its charter now as a full-service national bank.  The approval signals not only that the OCC will approve acquisitions and continue to charter national banks even in non-traditional cases, but also that the moratorium on crypto charters remains in full force.

Senate Banking Split on Several Key Nominations
The Senate Banking Committee today voted on several key Biden Administration nominees without taking up any of the pending Fed appointments.  The narrowness of several votes makes it clear that, as we anticipated (see Client Report FEDERALRESERVE66), controversial appointments such as Sarah Bloom Raskin and Lael Brainard have uncertain futures.

Large Banks Lead on D&I, CFPB Study Finds
The CFPB today released a report analyzing publicly-available FY2020 diversity and inclusion data for depository and nondepository institutions, putting forward a series of best practice recommendations.

Daily011922.pdf

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