McHenry takes aim at revival of FSOC's designation authority

 

Wells Fargo Board Chairs Testify Before The House Financial Services Committee
House Financial Services Committee chair Patrick McHenry, R-N.C., warned Treasury Secretary Janet Yellen against revising a Trump-era Financial Stability Oversight Council rule on designating nonbanks as systemically risky in a letter Wednesday.
Bloomberg News

WASHINGTON — Rep. Patrick McHenry, R-N.C., chairman of the House Financial Services Committee, wrote to Treasury Secretary Janet Yellen objecting to the move by the Financial Stability Oversight Committee to rearm itself with its most powerful tool: the ability to designate nonbanks as systemically important

The Biden administration in April set the wheels in motion to rollback a Trump-era rule that prohibited FSOC from declaring nonbanks as systemically important, which would subject those nonbanks to a bevy of potentially costly rules. 

The proposal — which was published after the failures of Silicon Valley Bank and Signature Bank — deals primarily with nonbanks, but McHenry said the turmoil in the industry throws into sharp clarity for policymakers that institutions thought not to be systemically risky could be under the right circumstances. 

"The actions are contrary to the due process protections afforded by the Constitution and mark a sea change in the longstanding principles the Council uses to review these entities," McHenry said in the letter. "If left unaddressed, the actions will set a dangerous precedent that will have consequences for the broader financial system." 

Republican pushback the FSOC's decision was expected, and signals that the party isn't likely to let the Biden administration's moves continue as planned should Republicans win the White House in 2024.

"You don't like something? Well let's just have FSOC label it as risky and regulate it away," McHenry said at a hearing on FSOC with Treasury Secretary Janet Yellen last year. "And before you know it, progressive policies will force lending decisions in favor of those customers who are activists and progressives support while law abiding business will be forced to close to appease the radical left."

That puts a timeline on FSOC, which plans to meet in a closed session on Friday, to move forward with making any designations. 

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