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Sens. Sherrod Brown, D-Ohio, and David Vitter, R-La., released their much anticipated capital standards bill on Wednesday, designed to address growing concern over whether some institutions are "too big to fail."
April 24 -
Sens. David Vitter and Sherrod Brown are courting a key constituency — small banks — that they hope can help build support for their legislation to tackle "too big to fail."
April 24 -
Numerous components of Basel III could empower bank regulators to increase the amount of capital banks hold, especially for large banks.
April 12 -
Breaking up big banks as way to score our pound of flesh post-financial crisis could result in increased unemployment, higher credit costs for all and a transfer of risk from banks to lightly regulated shadow financial institutions.
March 19
In the last twelve months, one could easily get whiplash trying to keep up with the examples of bad risk management and extreme arrogance by many managers at the large, interconnected banks. These egregious scandals have frustrated Americans learning to live in the post-crisis world of anemic U.S. economic growth and a mostly recessionary Eurozone. The fact that no high level executive from the banks has even been indicted, much less gone to jail, for Wall Street’s role in worsening the standard of living of millions of Americans, has also understandably angered people and fueled the fire behind “too big to fail”.
In this environment, it is easy to see how some may be very pleased with Sens. Sherrod Brown, D-Ohio, and David Vitter, R-La., who recently unveiled their Terminating Bailouts for Taxpayer Fairness Act, a bill that focuses principally on requirements for big banks.
If no other bank reform frameworks or laws already existed, the Brown-Vitter bill might look like a good start. Given that two-thirds of
Dodd-Frank’s Title I, “Financial Stability — Systemic Risk Regulation and Oversight”, empowers bank regulators to require banks and nonbanks over $50 billion in assets to have the necessary capital and liquidity so that they do not collapse and cause systemic risk. Specifically, Section 165 of the Dodd-Frank Act requires the Federal Reserve to issue enhanced prudential standards for:
The enhanced prudential standards include: heightened capital standards, liquidity standards, single counterparty credit limits, risk management requirements, stress testing requirements and early remediation framework.
It is regulators who have chosen to take guidance from the Basel frameworks, originated in the early 1970s as more countries realized how interconnected their banking systems were becoming. Basel is international guidance. This means our regulators can choose to impose whatever requirements are necessary given the nature of our banking system and current economic conditions.
The main reason Brown and Vitter introduced their bill is that they feel Dodd-Frank has enshrined the practice of bailing out banks. Both Title I and Title II are predicated on the belief that taxpayers should be protected and should not ever bail out banks again.
Principally, the Brown-Vitter bill calls for large banks to use higher quality capital. This is an excellent idea since, unfortunately, it took the financial crisis for many to finally see that tax-deferred assets and hybrid capital have no loss absorbency value in a time of stress. Yet, higher quality capital requirements are already a key part of Basel III’s Pillar I and a great improvement in comparison to what was acceptable under Basel II. U.S. banks, fortunately, are in a much better position to raise equity or deleverage in order to have loss absorbent capital.
Secondly, Brown and Vitter want large banks to hold 15% capital again non-risk-based assets. Basel III requires much higher capital than Basel II, but also each local regulator can call for more capital if necessary. Calling for higher capital for systematically important financial institutions is already part of Basel III; it’s called the SIFI buffer. Remember Basel is about minimum, not maximum standards.
The major reasons Brown and Vitter are against Basel III is because they say that it is complex and that banks allocate capital based on the system of risk-weighted assets. Like most of the media, they focus on the fact that banks can ‘manipulate’ risk-weighted assets. Those banks that are approved by regulators to use their own inputs for credit or market-risk models must meet numerous strict requirements beforehand. They also still have to calculate capital according to Basel guidelines for regulatory approved formulae.
There is no doubt that great
Brown and Vitter argue that Basel’s leverage requirement is too low. That’s correct. It is only 3% of non-risk weighted assets. U.S. bank regulators have the power to propose and impose a higher leverage ratio. There is no need to go through a prolonged bureaucratic process in legislative chambers. Moreover, it is not the job of legislators to decide how much capital banks should have; that is the job of bank regulators. Legislators should provide them with the resources to do their job rather than all too often siding with the lobbyists camping out at regulators’ doors.
Thirdly, Brown-Vitter ostensibly calls for the U.S. to abandon its involvement in the Basel framework. Never mind that the U.S. pulling away from Basel III would signal to the rest of the world that we are not interested in global capital standards, which no doubt would only exacerbate bank regulatory arbitrage even more. As I wrote
Brown and Vitter have argued that they are frustrated with the implementation pace of Dodd-Frank. It is unclear how they can think that if their bill were to pass, regulators would be able to write rules any faster given their continued resource constraints and continued pressure from numerous lobbies. The Brown-Vitter bill injects more financial regulatory uncertainty at a time when banks have been spending millions of dollar upgrading systems to comply with Dodd-Frank and Basel III. Even if Brown-Vitter’s capital requirements were implemented, U.S. banks would be at a competitive disadvantage vis-à-vis European banks and other international banks that have not implemented Basel III. Even global banks that are implementing them will do so incrementally through 2019.
Mayra Rodríguez Valladares is Managing Principal at