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Financial Services
Republicans’ retention of the House and Senate majorities
means that President-elect Trump will have partners in
both banking committees to help implement an agenda
heavy on deregulation. The new Senate Banking
Committee chairman will be Mike Crapo (R-ID), who hasa
solid working relationship with returning Ranking Member
Sherrod Brown (D-OH) and could work productively with
him in a handful of areas. On the House side, Rep. Jeb
Hensarling (R-TX) returns as chairman of the Financial
Services Committee. A fierce opponent of the 2010
Dodd-Frank Act, Hensarling will have Trump’s support in
renewing his effort to repeal and replace the Dodd-Frank
Act and continuing the panel’s aggressive oversight of
financial regulators. Given Republicans’ narrow majority
in the Senate, Democrats ability to filibuster
controversial bills in that chamber will make it difficult for
House and Senate GOP leaders to push through a broad
dismantling of major elements of Dodd-Frank, something
the President-elect called for during the campaign. But
given that Republicans will have full control of the
executive and legislative branches for the first time since
2006, the GOP base will be dismayed if they don’t try
anyway. Short of that broader effort, bipartisan
compromises in the areas of bank capital and regulatory
relief for smaller banks seem achievable.
Senate Banking Committee. Crapo is widely seen as
working constructively with Sen. Brown —a stark contrast
to Brown’s relationship with current Chairman Richard
Shelby (R-AL), who has been unable to agree with
Democratson much legislatively. In a July interview,
Crapo called Brown “straightforward and honorable” and
said that while they were far apart in terms of their
political views, “the fact is we have been able to find
significant areas of consensus where we can agree to
move forward on good policy, so | expect that we would
be able to do that.” The leading optionsfor an early
bipartisan effort include a bill providing regulatory relief
from some Dodd-Frank provisionsto community banks, a
high priority for both Crapo and Brown. Such a bill might
include language raising Dodd-Frank’s $50 billion asset
threshold, above which banks must submit to more
rigorous prudential supervision by the Fed. Crapo and
Brown also could agree on modest structural changes to
the Federal Reserve, unless pressure from the Trump
White House for a more ambitious Fed reform bill —like
the package of changes passed by the House in November
2015 —derailsthat effort. Crapo and Brown could also
conceivably agree on more stringent capital standards for
the largest banks, athemethat Brown hammersat every
opportunity.
As Shelby did, Crapo is expected to maintainthe
committee’s focus on rules and bodies created by the
Dodd-Frank Act, such as the Financial Stability Oversight
Council (FSOC) and the Consumer Financial Protection
Bureau (CFPB), which suffered a judicial setback when a
federal appeals court on October 11 ruled that its
structure was unconstitutional. Crapo has also been
skeptical of the new supervisory authorities the 2010 law
gave the Fed to overseelarger banks and insurers that
are designated as systemically important by the FSOC.
Crapo could work collaboratively with Ranking Member
Brown on a legislative follow-up to the Fed’s recent report
criticizing banks’ trading of physical commodities; one
obvious possibility is to repeal the merchant banking
exemption given to the holding companiesfor Goldman
Sachs and Morgan Stanley, as the Fed recommended.
Finally, a post-crisis system for housing finance—i.e., the
future of Fannie Mae and Freddie Mac —still loomsas the
biggest area left unaddressed by the 2010 financial
reforms, but a bipartisan effort to establish a new system
drafted by Crapo and then-Chairman Tim Johnson (R-SD)
in 2013-14 foundered when the Banking Committee's
liberal Democrats (and some Republicans) declined to
support the centrist proposal. Since then, few signs have
emerged about how to structure a new housing finance
system in a way that could survive a Senate filibuster, and
President-elect Trump did not address the issue during his
campaign.
House Financial Services Committee. After years of
confrontation with a Democratic White House and
Democratic appointees to financial regulators, Chairman
Hensarling will shift strategies now that the executive
branch isin more friendly hands. Hensarling is not likely
to improve his contentious relationship with Rep. Maxine
Waters (D-CA), however, who will return as ranking
member and is certain to push back on Hensarling’s
efforts to replace the 2010 reformswith more
conservative approaches. While Hensarling has regularly
done battle with officials at the FSOC, Treasury, SEC and
the Fed, new leadership is expected at those agencies —
though even Republican appointees will be constrained by
the existing statutory mandatesin Dodd-Frank, unless the
new Congress is able to alter the law with legislation. At
the Fed, Chairman Janet Yellen’sterm does not expire
until January 2018. President-elect Trump frequently
criticized Yellen as being overly “political” during the
campaign.
EY 21
| Election 2016
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