U.S. Regulatory Week Ahead

Written By Francis Kelly

April 29 - May 4, 2024

The regulatory week ahead is poised to bring two pivotal events that will directly influence the pending CapitalOne – Discover merger.

The first event, a hearing by the House Financial Services Committee on Wednesday, is aptly titled “Merger Policies of the Federal Banking Agencies.” This hearing holds significant implications for the future of financial mergers. 

 Amidst the buzz among financial lobbyists and regulatory circles, the stance of key figures like Vice Chair for Supervision Michael Barr, FDIC Chair Marty Gruenberg, CFPB Direct Rohit Chopra, Acting Comptroller of the Currency Michael Hsu, and the new entrant Jonathan Kanter, Assistant Attorney General for Antitrust, is being closely watched. Their potential opposition to significant-sized financial mergers, including the CapitalOne-Discover merger, makes the upcoming hearing even more intriguing.

The second (albeit lesser) event will be Tuesday at the Independent Community Bank Association annual conference, Capital Summit 2024. FDIC Chair Gruenberg and CFPB Director Chopra will jointly participate in a Fireside Chat to discuss the state of banking.

This comes on the heels of regulators announcing they were extending the public comment period for the CapitalOne-Discover deal another month (from April 26 to May 31). Progressive Democrats on Capitol Hill, along with many community organizations, are ramping up their opposition to the deal, and being given an extra month to make their case is not good news for either company.

Last week, there were three particularly big actions in the regulatory world worth noting: one that successfully made it through (although we think that is going to be temporary) and the other that failed. 

First, a divided Federal Trade Commission (FTC) voted to ban noncompete agreements. That action – long expected – ignited several almost immediate federal lawsuits seeking to block the FTC action (making the point that the FTC lacks the statutory authority to make and enforce such a regulation. Our money is on the lawsuits winning this one and quickly).

The second event was the Department of Labor finalizing the rule on retirement savings protections. This proposal has had a long tenure, first emerging during the Obama Administration. After being struck down by federal courts, the SEC passed Regulation Best Interest (Reg BI) in 2019. However, the Labor Department and advocates argued that Reg BI left too many gaps and pushed through the current iteration. Expect several federal lawsuits soon challenging this new rule.

The third event was a rather odd, almost last-minute move by FDIC Chair Gruenberg aimed at large asset managers. At the last possible legal moment, Gruenberg called a board meeting last Monday for a board meeting on Thursday to take up possible measures to deal with the size and scope of asset managers who have large stakes in large banks. FDIC Board member and CFPB Director Chopra had offered a rule that would have given the FDIC broad authority to investigate asset management firms’ investments in big banks. Countering his proposal was FDIC Director Jonathan McKernan’s proposal to do some “basic” monitoring of a few large index funds that have large stakes in big banks. The Investment Company Institute and several large mutual funds lobbied furiously against the Chopra measure and, to the surprise of many, FDIC Director and Acting Comptroller Michael Hsu opposed the Chopra measure.

McKernan then took down his proposal and, to make a long dramatic event short, nothing happened.  

But that does not mean regulators are done looking at the largest mutual funds and their holdings in big banks.  We recommend watching this space closely and reading Capital Account, edited by our friend Rob Schmidt, for the most detailed and best reporting on this (and every financial regulatory event going on).  It is well worth the subscription.

Below is a listing of all the other significant regulatory-related events this coming week:

U.S. Congressional Hearings

U.S. Senate

House of Representatives

  • Tuesday, April 30, 2:00 p.m.: The House Oversight and Accountability Health Care and Financial Services Subcommittee holds a hearing on "Health of the Commercial Real Estate Markets and Removing Regulatory Hurdles to Ensure Continued Strength."

  • Wednesday, May 1, 10:00 a.m.: The House Financial Services Committee holds a hearing entitled “Merger Policies of the Federal Banking Agencies.”

US Regulatory Meetings & Events

Federal Reserve Board and Federal Reserve Banks

U.S. Treasury Department

  • April 30, 9:00 a.m.: The Treasury Department’s Borrowing Advisory Committee holds a meeting to discuss the economy, financial markets, Treasury financing, and debt management and for a written report from the committee of its recommendations.

Securities and Exchange Commission

  • Thursday, May 2, 1:30 p.m. – The SEC holds a Closed Meeting.

Commodities Futures Trading Commission

  • Monday, April 29, 9:00 a.m. – 12:00 p.m. (UK time): CFTC Commissioner Christy Goldsmith Romero will participate virtually in an MSCI Sustainability Institute roundtable event on derivatives and climate in London.

  • Thursday, May 2, 1:00 p.m. – 4:00 p.m.: Commissioner Christy Goldsmith Romero, sponsor of the Commodity Futures Trading Commission’s Technology Advisory Committee (TAC), will host an “AI Day during a TAC meeting. The public is invited to come in person or watch the meeting via live webcast at CFTC.gov.  The scheduled speakers include Dr. Nicol Turner Lee, Director of the Center for Technology Innovation at the Brookings Institution; Todd Smith, Director of Centralized Data Science and Analytics at the National Futures Association; Francesca Rossi, AI Ethics Global Leader, IBM; Todd Conklin, Chief AI Officer and Deputy Assistant Secretary of Cyber at the U.S. Treasury Department, Sunayna Tuteja, Chief Innovation Officer of the Federal Reserve Board, and Kirsten Wegner, Chief Executive Officer of Modern Markets Initiative.

  • Friday, May 3, 10:45 a.m.: CFTC Commissioner Kristin N. Johnson will give remarks and participate in a fireside chat at the 2024 Fintech and Blockchain Symposium, Co-Hosted by Rutgers Law School’s Center for Blockchain and Fintech and Sidley Austin LLP in New York.

FINRA

  • There are no significant events scheduled at this time.

Federal Deposit Insurance Corporation

Office of the Comptroller of the Currency

  • There are no significant events scheduled at this time.

The Consumer Financial Protection Bureau

National Credit Union Administration

  • There are no significant events scheduled at this time.

Federal Trade Commission & Department of Justice Antitrust Division

  • There are no significant events scheduled at this time.

Farm Credit Administration

  • There are no significant events scheduled at this time.

International Monetary Fund & World Bank

  • There are no significant events scheduled at this time.

Trade Associations & Think Tank Events

Trade Associations

  • April 28 – May 1, Sunday—Wednesday: The Independent Community Bankers of America will hold their Capital Summit 2024 in Washington, D.C.  Several members of Congress and regulators, including FDIC Chair Marty Gruenberg and CFPB Director Rohit Chopra, as well as all the Federal Home Loan Bank Board presidents, will speak.

  • May 1, Thursday, 8:30 – 10:00 a.m.: The Institute for International Finance, in conjunction with PWC, will hold a hybrid Roundtable entitled “Liquidity Lessons Learned from the 2023 Banking Turmoil”  in New York and online.

  • May 1, Thursday, 11:00 a.m.: SIFMA holds an event entitled “U.S.-China Relations: Outlook for Financial Services.” This is the first of a four-part series and will be conducted under Chatham House Rules.

Think Tanks and Other Events

  • April 30,  Tuesday, 9:00 a.m.: The Peterson Institute for International Economics holds an event entitled “The International Sustainability Standards Board’s First Two Years.”  Sue Lloyd 
    Vice-Chair, International Sustainability Standards Board and Sylvie Goulard 
    Professor of Practice in Global Affairs and Geopolitics, SDA Bocconi School of Management, will speak.

  • April 30, Tuesday, 4:00 p.m.: The Cato Institute holds a book discussion on "Build, Baby, Build: The Science and Ethics of Housing Regulation."

  • May 1, Thursday, 2:30 p.m.:  The Brookings Institution holds an event entitled “Putting public assets to work through innovative finance.”  They will discuss how the U.S. Department of Transportation (USDOT) Build America Bureau recently announced an unprecedented grant opportunity: the Innovative Finance and Asset Concession Program. The program makes available $100 million in grants over five years to public entities doing pre-development work to structure public-private partnerships and other innovative finance and delivery mechanisms for transportation and transit-oriented development projects. The grant provides up to $1 million in funding with no local match requirement and an additional $1 million in funding with a match. Eligible applicants are public entities that own, control, or maintain assets that could be enhanced through projects eligible for Transportation Infrastructure Finance and Innovation Act (TIFIA) credit assistance.

Francis Kelly
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