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14 07, 2023

Al071723

2023-07-14T16:19:20-04:00July 14th, 2023|3- This Week|

All Roads Lead To Chokepoint

As we noted last week, HFSC’s anti-ESG agenda includes a strong poke at banks and their regulators, going beyond the climate-risk concerns that lie at the center of these sessions also to resurrect efforts during the Trump Administration to sanction any bank that decides on reputational or other grounds not to lend to a creditworthy, legal business (see FSM Report ESG3).  Much is said in this context about “Operation Chokepoint,” a decade-plus old effort by the FDIC and OCC to block bank exposures to payday lenders, firearms firms, or others the agencies believed posed so much reputational risk as to make the loans unsafe or unsound.

Al071723.pdf

14 07, 2023

DAILY071423

2023-07-14T16:23:06-04:00July 14th, 2023|2- Daily Briefing|

HFSC ESG Efforts Tackle Insurance Risk Pricing

Today’s HFSC Subcommittee hearing on ESG’s housing and insurance market impacts focused almost entirely on insurance.  Chairwoman De la Cruz (R-TX) argued that ESG regulations drive up home costs and distort insurance and homebuilding markets, while Ranking Member Cleaver (D-MO) asserted that climate risk is material to insurance costs, calling for long-term housing resiliency solutions.

HFSC Republicans Target Bank Supervisors

The HFSC memo ahead of next week’s hearing looking at the political independence of the banking agencies makes it clear that top agency supervisors will principally be grilled on climate-risk initiatives.  However, bills on which the session will set a record would require prior Congressional notice prior to action on any initiative advocated by the FSOC or an executive order.

Senate GOP Targets “ESG” Lending, Ideological Bias

Sens. Vance (R-OH), Lummis (R-WY) and Marshall (R-KS) yesterday introduced legislation that would bar regulators from taking action against any regulated entity based on fears of reputational risk and establish a Treasury special IG tasked with collecting tips on regulatory misconduct with a focus on ideological bias.  The IG would be responsible for investigating allegations of misconduct by the FDIC, NCUA, Fed, OCC, SEC, CFTC, FHFA, and CFPB, offering recommendations or submitting quarterly reports to Congress on the nature and number of complaints.

Daily071423.pdf

13 07, 2023

DAILY071323

2023-07-13T16:52:37-04:00July 13th, 2023|2- Daily Briefing|

FSB Sees Climate-Risk Disclosure, Analytical Progress

The FSB today released a progress report on its Roadmap for Addressing Climate-Related Financial Risks that updates work toward the four key goals identified in its 2021 Roadmap.  Progress is evident via the International Sustainability Standards Board’s (ISSB) disclosure standards, with the FSB urging IOSCO quickly to endorse them.

New Lummis-Gillibrand Crypto Bill Faces Steep Odds

Sens. Lummis (R-WY) and Gillibrand (D-NY) yesterday introduced an updated version of their comprehensive crypto bill (see FSM Report CRYPTO28).  Changes include increased consumer protection provisions, AML penalties, proof-of-reserves and asset segregation requirements, requirements for all cryptoassets – aside from truly decentralized ones – to register with the CFTC and requirements also for all payment stablecoins to be issued by financial institutions.

FTC Settlement May Signal Move into Crypto Regulation

Wading into crypto regulation, the FTC today reached a settlement with the crypto platform Celsius Network, permanently barring it from handling customer assets and charging three executives with misleading customers.  It remains to be seen if the FTC expands its enforcement scope to other crypto entities under SEC scrutiny for investor-related risks, but a growing FTC presence in this sector could cast a formidable shadow given the CFPB’s more limited enforcement powers.

Daily071323.pdf

11 07, 2023

DAILY071123

2023-07-11T16:38:06-04:00July 11th, 2023|2- Daily Briefing|

FRB-NY Staff: Climate Tradition Risk Meaningful, Manageable

new blog post from Federal Reserve Bank of New York staff concludes that climate-transition risk in bank loan portfolios is meaningful, but also manageable.  The paper uses general-equilibrium models to focus on forward-looking climate risk in scenarios based on current policy as well as orderly and disorderly transitions, an approach it believes differ from much retrospective analysis of carbon emissions as a measure of transition risk.

CFPB, OCC Team Up To Sanction BofA Transaction, Card Account Practices

The CFPB and OCC today took action against Bank of America in ways that renew questions about potential overlaps between the CFPB’s jurisdiction and that of the banking agencies.  The costlier of the two actions from the CFPB ordered the bank to pay over $170 million in civil monetary penalties and restitution for a range of practices the Bureau regards as abusive and deceptive (see FSM Report CONSUMER39).

GOP Urges Supreme Court to Uphold Fifth Circuit CFPB Decision

Continuing the GOP’s longstanding campaign to redesign the CFPB, HFSC Chairman McHenry (R-NC), Senate Banking Ranking Member Scott (R-SC), and 130 Members of Congress filed an amicus brief today urging the Supreme Court to uphold the Fifth Circuit’s decision declaring the CFPB’s funding mechanism unconstitutional.

Daily071123.pdf

10 07, 2023

DAILY071023

2023-07-10T16:43:24-04:00July 10th, 2023|2- Daily Briefing|

HFSC Lays Out Its ESG Priorities

The majority staff memo ahead of Wednesday’s HFSC hearing on ESG follows the outline anticipated  last week and that laid out in the GOP agenda for ESG-related action (see Client Report ESG4).

OCC Concurs On Capital, Tries For The Merger Middle

Acting Comptroller Hsu today confirmed our assessment of Vice Chair Barr’s comments earlier today (see Client Report CAPITAL228) that the three banking agencies are aligned on the new capital construct to be shortly released for public comment.

Barr, Foster Demand Delay to Capital Rewrite

Anticipating Vice Chair Barr’s remarks this morning detailing near-term capital policy changes (see Client Report CAPITAL228), HFSC Financial Institutions Subcommittee Chair Barr (R-KY) and Ranking Member Foster (D-IL) sent a letter late Friday demanding that he appear before the Subcommittee to present the conclusions of his capital review and upcoming Basel III implementation plans prior to public release, asking also for details and likely outcomes for industry consolidation.

House Republicans Keep Spotlight On FRB-SF

Continuing the GOP’s attack on the San Francisco Fed’s supervision of SVB in the wake of what many believe are “woke” priorities, House Oversight Committee Chairman Comer (R-KY) was joined today by Financial Services Subcommittee Chairwoman McClain (R-MI) in sending a letter to FRB Chairman Powell taking serious issue with the Federal Reserve Bank of San Francisco and the Fed for what they describe as SVB-related transparency and communication failures.

BIS Survey: Most Central Banks Considering CBDCs

The BIS …

7 07, 2023

Al070723

2023-07-07T16:49:21-04:00July 7th, 2023|3- This Week|

The ESG Jihad

As anticipated, House Republicans have made July their “ESG month” with HFSC and other panels planning an array of actions culminating in an HFSC mark-up of as-yet-unintroduced legislation later this month.  Before writing this off as part of the GOP’s pre-election “culture-war” campaign, it’s worth remembering that the Democratic-controlled Senate still approved a House measure overturning Department of Labor ESG pension-investment rules; only a Presidential veto saved those rules and it might take more of them to counter what Republicans now have in store for the financial-services sector.

Al071023.pdf

6 07, 2023

DAILY070623

2023-07-06T16:55:22-04:00July 6th, 2023|2- Daily Briefing|

Basel Redesigns Global Bank-Supervision Construct

As promised at its last meeting, the Basel Committee today released a public consultation on revisions to its 2012 core supervisory principles (see FSM Report REFORM92).

Accommodative CRE Policy Goes Live

Publication in the Federal Register today makes effective a finalized policy statement issued by the banking agencies and NCUA late last week on how financial institutions are to handle troubled commercial real estate (CRE) loans.

Senate Dems Demand CFPB Voice-Cloning Action

Following his letter to large bank CEOs regarding AI fraud, Chairman Brown (D-OH) along with Sens. Menendez (D-NJ), Reed (D-RI), and Smith (D-MN) today sent a letter to Director Chopra urging action against AI-related financial scams.

FSB Turns to GSIB Resolvability

The FSB’s plenary today announced that recent events have spurred it to assess the resolvability of GSIBs and other large banks, providing neither timeline nor focus for this work.

FRB-NY Study Advances Wholesale Digital Currency

Although making clear that it sets no new policy nor endorses any CBDC action, the Federal Reserve Bank of New York’s Innovation Center published a DLT proof-of-concept finding that shared ledgers can effectively support both wholesale domestic interbank and cross-border payments.

Daily070623.pdf

27 06, 2023

DAILY062723

2023-06-27T16:53:41-04:00June 27th, 2023|2- Daily Briefing|

Treasury, FIO Target Insurance, Banking Interconnections

In conjunction with FIO’s new report on Insurance Supervision and Regulation of Climate-Related Risks, Treasury’s Assistant Secretary for Financial Institutions, Graham Steele, today emphasized the need for further work to understand the insurance industry’s climate-related financial stability risks, especially from housing and banking sector spillovers.  In a panel discussion, FIO Director Steven Seitz also highlighted the report’s recommendations around macroprudential risks, including prioritizing the growth of the residual and surplus lines markets, “hardening” of the reinsurance market, and realizing the effects climate risk may have on state insurance guarantee funds.

Warren Gives No Merger Ground

In a letter sent today to Chair Gruenberg, Acting Comptroller Hsu, Vice Chair Barr, Assistant Attorney General Kanter, and Secretary Yellen, Sen. Warren (D-MA) demands fast action on the rewrite of bank merger guidelines pending since at least the President’s executive order in 2021 (see FSM Report MERGER10) as well as an end to large-bank M&A.  Sen. Warren takes particular issue with Secretary Yellen’s recent comments suggesting the need for industry consolidation and again confronts Acting Comptroller Hsu’s “openness” to at least some transactions.  It thus seems clear that her opposition to his nomination as Comptroller remains as firm as ever.

Daily062723.pdf

27 06, 2023

ESG4

2023-06-27T09:24:21-04:00June 27th, 2023|5- Client Report|

Passive Asset Managers Top ESG Financial Hit List

Late Friday, GOP HFSC Members issued a withering report criticizing the Biden Administration for using financial regulators to do its political bidding on ESG objectives that it believes “contort” financial regulators into political instrumentalities that put retail investors at risk.  The group’s most immediate target is environmental policy, but it plans also to focus on corporate decision-making to ensure that it too does not put policy goals above pecuniary return.  The SEC is unsurprisingly the GOP’s top target, with HFSC likely readying action on an array of proxy-voting changes and proposed bills to block the Commission’s proposed climate-risk disclosures.

ESG4.pdf

7 06, 2023

DAILY060723

2023-06-07T16:50:58-04:00June 7th, 2023|2- Daily Briefing|

Basel Advances Supervisory Rewrite, Wants Quick End To End-Game

The Basel Committee’s release today of its latest meeting confirms that global regulators plan to revise 2012’s core supervisory principles (see FSM Report REFORM92) in light of recent events, releasing a consultation next month.  Work is also under way to update the 2022 crypto standards (see FSM Report CRYPTO37) to address permissionless blockchains and stablecoins.

HFSC Urges Careful Use of China Sanctions

At today’s HFSC National Security Subcommittee hearing on maintaining the dollar’s global dominance, Subcommittee Chairman Luetkemeyer (R-MO) and Reps. Petterson (D-CO) and Kim (R-CA) argued that the sanctions that would follow an invasion of Taiwan need to be used carefully to avoid unintended harm to the dollar’s global status.

Durbin Leads Renewed Charge For Credit-Card Network Choice

As anticipated, Senate Judiciary Committee Chairman Durbin (D-IL) along with Sens. Welch (D-VT), Marshall (R-KS), and Vance (R-OH) today reintroduced legislation to extend routing-system requirements to credit cards.  The bill, which has also been reintroduced in the House by Reps. Gooden (R-TX) and Lofgren (D-CA), slightly revises last year’s measure (see FSM Report INTERCHANGE10) by addressing security and operational risks associated with unaffiliated network routing requirements.

Daily060723.pdf

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