Make Community Banking Great Again

Digital Assets and Bank RegulationHouse Financial Services · February 5, 2025 · 119th Congress
The House Financial Services Committee held its first full-committee hearing of the 119th Congress, titled "Making Community Banking Great Again," to examine why the number of U.S. Begins at ▶ 0:19:06
Transcript
Highlights

Title

Community bank regulatory burden and denovo bank formation

Purpose

The House Financial Services Committee held its first full-committee hearing of the 119th Congress, titled "Making Community Banking Great Again," to examine why the number of U.S. banks has fallen from roughly 8,500 in 1999 to about 4,000 today and what regulatory changes might revive community bank formation and lending. Chairman French Hill outlined over 30 reform ideas covering capital requirements, exam processes, and Section 1071, while witnesses from banking, law, state regulation, and consumer-advocacy backgrounds testified on regulatory burden, deposit insurance, and consumer protection. Begins at▶ 0:19:06

Who spoke

• Chairman French Hill (R-AR)▶ 0:19:06: Opened by noting community banks fell from 8,500 in 1999 to 4,000 today with only 82 new charters since 2010▶ 0:21:07; cited a Texas founder told to raise $50 million in paid-in capital before opening▶ 0:22:38; later questioned Marshall on call-report small-business data▶ 1:02:10 and Kennedy on CAMELS reform▶ 1:06:13.

• Ranking Member Maxine Waters (D-CA)▶ 0:27:48: Cited $60 billion allocated to community lenders and $12 billion for MDIs/CDFIs during the pandemic▶ 0:28:18; criticized Trump and Musk's funding freezes, tariffs, and cuts to consumer-law enforcement as threats to community bank customers▶ 0:29:20▶ 0:31:21.

• Rep. Andy Bar (R-KY), Financial Institutions Subcommittee Chair▶ 0:31:52: Touted his Promoting New Bank Formation Act (HR 478) and called for repealing the Section 1071 rule▶ 0:32:22.

• Rep. Bill Foster (D-IL)▶ 0:32:52: Noted Illinois has over 500 community banks/credit unions employing 41,000▶ 0:33:22; warned about Musk's X Money competing with banks while accessing private payment data▶ 0:33:52.

• Mr. Patrick Kennedy, Jr., Kennedy Sutherland LLP▶ 0:34:53: Said new charters fell from ~200/year before 2008 to about seven/year today▶ 0:36:55; urged making the Subchapter S election permanent, noting it expires this year and benefits about 1,500 mostly rural banks▶ 0:38:26; later called for reform of "broker deposits" terminology and rules▶ 1:49:14.

• Ms. Susannah Marshall, Arkansas Bank Commissioner▶ 0:40:29: Said states charter 79% of U.S. banks▶ 0:40:59; noted Arkansas lost nearly two-thirds of its banks since 1995 and only 62 new de novo community banks formed nationally over the past decade▶ 0:41:59; later said Arkansas has seen zero new de novo bank applications in 20 years▶ 1:26:55.

• Ms. Cathy Owen, Eagle Bank & Trust Company▶ 0:45:31: Described Eagle Bank as a $490 million institution; said forced compliance with new FDIC asset-threshold rules within two weeks led the bank to intentionally shrink by moving deposits out▶ 0:48:33; said her bank has four full-time BSA officers▶ 4:07:36.

• Ms. Rebeca Romero Rainey, Independent Community Bankers of America▶ 0:50:35: Said her family's Sentinel Bank was founded with $300,000 and could not be formed today▶ 0:52:05; cited only 82 new banks since 2010▶ 0:56:00; discussed FDIC least-cost resolution reform after SVB/Signature/First Republic▶ 1:13:47.

• Ms. Mitria Spotser, Center for Responsible Lending▶ 0:56:07: Warned against overemphasis on deregulation, citing the 2008 crisis▶ 0:59:09; defended CFPB independence and Section 1071 as a "sunshine provision" requiring race/denial data▶ 2:52:19; warned eliminating the FDIC would be "highly problematic"▶ 2:55:52.

• Rep. Bryan Steil (R-WI)▶ 1:07:14: Asked Marshall and Owen about fintech partnership roadblocks and one-size-fits-all guidance from federal regulators▶ 2:27:05.

• Rep. Brad Sherman (D-CA)▶ 1:18:19: Argued tariff uncertainty makes it hard for banks to lend, cited $21 billion in consumer savings from CFPB actions, and warned FDIC understaffing (200 pulled examiner offers) hurts bank oversight▶ 1:19:50.

• Rep. Frank Lucas (R-OK)▶ 1:23:24: Shared personal history with multigenerational community bankers; asked about denovo barriers and access to capital▶ 1:26:26.

• Rep. David Scott (D-GA)▶ 1:28:56: Asked Spotser whether she agreed with former SVB CEO Greg Becker's warning that deregulation could cause 2008-style failures▶ 1:29:26.

• Rep. Ann Wagner (R-MO)▶ 1:34:04: Highlighted the withdrawal of the FDIC's 2024 broker-deposit rule by Acting Chair Travis Hill on January 21▶ 1:38:01.

• Rep. Emanuel Cleaver (D-MO)▶ 1:39:31: Questioned Rainey on balloon notes and unconscious discriminatory effects on small/rural towns applying for CDBG grants▶ 1:40:02.

• Rep. Andy Barr (R-KY)▶ 1:45:13: Discussed his Promoting New Bank Formation Act's three-year capital phase-in and a Kentucky Bankers Association 1071 questionnaire proposal▶ 1:45:43.

• Rep. Bill Foster (D-IL) (second round)▶ 1:50:44: Proposed using real-ID-compliant digital driver's licenses to lower KYC compliance costs▶ 1:53:47.

• Rep. Roger Williams (R-TX)▶ 1:55:49: Touted his 1071 Repeal to Protect Small Business Lending Act and asked about privacy risks of 1071 data disclosure▶ 1:58:20.

• Rep. Joyce Beatty (D-OH)▶ 2:00:51: Criticized proposed 25% tariffs on Mexico/Canada and DEI rollbacks as harmful to community banks▶ 2:01:51.

• Rep. Rich McCormick / Georgia member▶ 2:05:54: Discussed the Bank Secrecy Act's $10,000 CTR threshold, unchanged since 1970, and a GAO report suggesting raising it to $30,000 could cut filing burden 60%▶ 2:09:25.

• Rep. Jim Himes (D-CT)▶ 2:11:26: Asked about incentivizing community bank participation in GSE multifamily lending programs to address the housing shortage▶ 2:12:27.

• Rep. John Rose (R-TN)▶ 2:15:28: Proposed letting state regulators like Tennessee's conduct exams for banks under $500 million in place of the FDIC▶ 2:16:29.

• Rep. Sean Casten (D-IL)▶ 2:20:31: Pressed Owen on FDIC insurance confidence and raised concerns about Musk-affiliated staff accessing the Treasury payment system▶ 2:22:33.

• Rep. Bryan Steil (Wisconsin, FinTech Subcommittee Chair)▶ 2:25:34: Attributed high interest rates to Biden-era spending and regulation, and questioned fintech partnership barriers▶ 2:26:34.

• Rep. Sylvia Garcia (D-TX)▶ 2:30:36: Asked about banking services in languages other than English and the CFPB's proposed $5 overdraft fee cap▶ 2:34:09.

• Rep. William Timmons (R-SC)▶ 2:36:09: Described a Friday-5:55-p.m. CFPB civil investigative demand sent to businesses in his district just before Director Chopra's resignation▶ 2:37:39.

• Rep. Al Green (D-TX)▶ 2:41:41: Discussed access to capital for Black-owned banks, noting fewer than 25 exist nationally▶ 2:42:42.

• Rep. Ralph Norman (R-SC)▶ 2:46:14: Disputed the relevance of race to banking, praised the end of DEI policies, and questioned Kennedy on director liability▶ 2:48:16.

• Rep. Delia Ramirez / New York member Nydia Velázquez (D-NY)▶ 2:51:48: Defended Section 1071 as a bipartisan-authored, court-mandated rule with small-bank exemptions▶ 2:52:19.

• Rep. Ryan Mackenzie / Pennsylvania member▶ 2:56:22: Raised an FDIC directive allegedly telling a de novo bank to slow deposit growth serving an Amish community▶ 2:58:25.

• Rep. Robert Garcia / California member Young Kim (R-CA)▶ 3:07:32: Asked about the decline from 18,000 to under 5,000 banks and the supervisory appeals process▶ 3:08:32.

• Rep. Shri Thanedar / Michigan member Rashida Tlaib (D-MI)▶ 3:12:34: Advocated for public banking modeled on the Bank of North Dakota, citing $1 billion invested in state infrastructure and zero bank failures in 2008▶ 3:15:05.

• Rep. Byron Donalds (R-FL)▶ 3:17:36: Questioned Kennedy on Dodd-Frank's overreach and Marshall on what asset threshold should define a community bank▶ 3:20:39.

• Rep. Ritchie Torres (D-NY)▶ 3:22:41: Discussed alternative credit data for the 45 million "credit invisible" Americans and unlimited deposit insurance trade-offs▶ 3:26:12.

• Rep. Mike Flood (R-NE)▶ 3:27:43: Noted Nebraska banks fell from over 300 to 137; asked about denovo barriers his family bank would have faced▶ 3:29:44.

• Rep. Marlin Stutzman (R-IN)▶ 3:34:47: Asked about Trump's 10-for-1 deregulation executive order and next-generation interest in community banking careers▶ 3:38:18.

• Rep. Zach Nunn (R-IA)▶ 3:50:26: Compared a $7 billion Iowa lender to a $3.9 trillion bank using a mileage analogy; asked about 1071's 81 data fields plus beneficial-ownership reporting (133 total fields)▶ 3:52:27.

• Rep. Tim Moore (R-NC)▶ 3:55:29: Asked Rainey and Kennedy about the most harmful late-term Chopra-era CFPB rules and fintech oversight clarity▶ 3:58:00.

• Rep. Mike Lawler (R-NY)▶ 4:00:31: Discussed broker deposits' role in funding stability and criticized the FDIC's 2024 proposed brokered-deposit rule as based on "incomplete and dated" data▶ 4:04:04.

• Rep. Andrew Garbarino (R-NY)▶ 4:05:35: Criticized subjectivity in CAMELS management ratings and lack of appeal mechanism▶ 4:06:05; raised merger-timeline uncertainty▶ 4:07:36.

• Rep. Troy Downing / Montana member▶ 4:10:37: Noted Montana banks fell from 64 in 2008 to 36 today and highlighted BSA/AML compliance burden, citing an $800 million bank with six full-time compliance staff▶ 4:11:07.

• Rep. Gus Bilirakis (R-FL)▶ 4:13:38: Closed by asking about merger "shot clocks" and the CFPB's finalized overdraft rule▶ 4:14:38.

Key moments

• Chairman Hill said U.S. banks fell from over 8,500 in 1999 to about 4,000 today, with only 82 de novo charters issued since 2010 versus 190 in 1999 alone▶ 0:21:07.

• Kennedy testified new bank charters dropped from ~200/year before 2008 to about seven per year today, and warned the Subchapter S tax election—used by about a third of the nation's ~4,500 banks—expires this year unless Congress acts▶ 0:38:26.

• Owen described being told by regulators to comply with new FDIC asset-threshold requirements within two weeks after crossing $500 million, forcing the bank to shrink by moving customer deposits out▶ 0:48:33.

• Timmons revealed the CFPB sent civil investigative demands to businesses in his district at 5:55 p.m. on a Friday, just before Director Chopra's resignation, triggering public-disclosure obligations for publicly traded firms▶ 2:37:39.

• Marshall cited a GAO report finding that raising the Bank Secrecy Act's currency transaction report threshold from $10,000 (unchanged since 1970) to $30,000 could cut filing burden by 60% without reducing usefulness to law enforcement▶ 2:09:25.

• Tlaib argued for public banking modeled on the Bank of North Dakota, noting it holds $1 billion in state-directed loans, returned $140 million to the state general fund in 2023, and that no North Dakota bank failed in the 2008 crisis▶ 3:15:05; Donalds countered that North Dakota created its public bank due to a lack of private lending options in a sparsely populated state, not as a broader model▶ 3:21:40.

• Rainey said her family's Sentinel Bank, founded in 1969 with $300,000 in capital, "would have been impossible" to charter under today's requirements▶ 0:52:05.

• Owen said Eagle Bank & Trust would face a disproportionate expense complying with all 81 data fields under the CFPB's Section 1071 rule, and warned anonymized public disclosure could still reveal which specific small businesses in a community were approved or denied loans▶ 1:57:19.

• Velázquez pressed the panel on whether eliminating the FDIC was a good idea; witnesses uniformly said no, with Marshall calling deposit insurance "very important" to financial stability▶ 2:55:20.

• Green highlighted that fewer than 25 Black-owned banks remain nationally despite thousands of banks under $1 billion in assets, prompting a heated exchange with Norman over the relevance of race in banking policy▶ 2:42:42▶ 2:46:44.

Metadata

CommitteeHouse Financial Services
Chamber / CongressHouse · 119th Congress
DateFebruary 5, 2025
TypeHearing
Witnesses
Ms. Mitria Spotser — Vice President, Federal Policy, Center for Responsible Lending
Mr. Patrick Kennedy, Jr. — Founding Partner, Kennedy Sutherland LLP
Ms. Susannah Marshall — Bank Commissioner, Arkansas State Bank Department
Ms. Cathy Owen — Executive Chairman, Eagle Bank & Trust Company
Ms. Rebeca Romero Rainey — President and CEO, Independent Community Bankers of America
Videoyoutube
Transcript471 caption blocks · 38,364 words · 4:16:40 runtime
EventCongress.gov 117855