Regulatory Overreach: The Price Tag on American Prosperity

Digital Assets and Bank RegulationHouse Financial Services Subcommittee on Financial Institutions · April 29, 2025 · 119th Congress
The House Financial Services Subcommittee on Financial Institutions held this hearing, titled "Regulatory Overreach: The Price Tag on American Prosperity," to examine bills addressing regulatory tailoring for community banks, the bank examination and appeals process (including the CAMELS management rating), and Congress's oversight of regulators' engagement with international bodies. Begins at ▶ 0:20:55
Transcript
Highlights

Title

Community bank regulatory tailoring, exam appeals, and CFPB oversight

Purpose

The House Financial Services Subcommittee on Financial Institutions held this hearing, titled "Regulatory Overreach: The Price Tag on American Prosperity," to examine bills addressing regulatory tailoring for community banks, the bank examination and appeals process (including the CAMELS management rating), and Congress's oversight of regulators' engagement with international bodies. Witnesses from the Bank Policy Institute, a Kentucky community bank, Davis Polk & Wardwell, and Stanford Law School testified, while Democrats used the hearing to raise concerns about the Trump administration's tariffs, cuts to the CFPB, and conflicts of interest tied to the president's cryptocurrency activities. Begins at▶ 0:20:55

Who spoke

• Chairman Andy Barr (R-KY)▶ 0:20:55: Opened by arguing DoddFrank imposed a one-size-fits-all regulatory approach on community banks▶ 0:22:11 and criticized the abuse of the CAMELS "management" component in exams▶ 0:24:51; later questioned witnesses on regulatory tailoring's effect on competition▶ 0:56:49 and on reputational risk's credibility▶ 2:39:47.

• Rep. Bill Foster (D-IL), Ranking Member▶ 0:25:14: Said Trump's tariffs and attacks on independent agencies have injected volatility and cited polling that ~60% disapprove of Trump's economic handling▶ 0:26:06; criticized planned budget cuts of ~70% to the CFPB and ~90% to FSOC/OFR▶ 0:28:54.

• Rep. French Hill (R-AR), Full Committee Chairman▶ 0:29:50: Framed the hearing as continuing bipartisan efforts on regulatory tailoring since S.2155▶ 0:30:14.

• Rep. Maxine Waters (D-CA), Full Committee Ranking Member▶ 0:31:01: Accused Republicans of using community banks to advance a "mega bank" agenda▶ 0:31:01 and cited firings at the NCUA and attacks on the CDFI Fund▶ 0:31:27; later pressed Margaret Tahyar on Trump's crypto ventures and Davis Polk's role advising Trump Media's crypto.com ETF deal▶ 1:10:15▶ 1:12:08.

• Sarah Flowers, Bank Policy Institute▶ 0:33:23: Recommended indexing regulatory tailoring thresholds to economic growth and inflation▶ 0:34:39, reforming the CAMELS management rating to a financial-materiality standard▶ 0:36:24, and creating a neutral appeals process outside the examining agency▶ 0:38:01; later said BPI's FOIA requests to the Fed on Basel III Endgame deliberations were categorically denied▶ 1:27:37.

• Michael Radcliffe, Community Financial Services Bank (Kentucky)▶ 0:32:25: Said his $1.3 billion bank spends over $632,000 annually on compliance▶ 0:39:41 and that Kentucky's state-chartered banks fell from 109 in 2020 to 98 by 2024▶ 0:40:36; supported HR 976 (1071 repeal)▶ 0:40:06 and Chairman Bar's Promoting New Bank Formation Act (HR 478)▶ 0:41:02; described mortgage "trigger lead" harassment of customers▶ 2:10:13.

• Margaret Tahyar, Davis Polk & Wardwell▶ 0:43:22: Said bank supervision needs reform around "discretion and secrecy"▶ 0:43:46, noted only 1-in-17 exam appeals succeeded at the FDIC last year▶ 0:45:10, and called for release of old exam reports and anonymized aggregate data▶ 0:44:39; declined to comment on Davis Polk's crypto-related client work when raised by Rep. Waters▶ 1:15:18.

• Graham Steele, Stanford Law School / former Treasury official▶ 0:48:29: Said the Trump administration is attempting to gut financial regulatory agencies via legislation, regulation, and staff attrition▶ 0:49:19, called the president's use of IEEPA to impose tariffs "likely illegal"▶ 0:51:20, and said the CFPB has returned over $20 billion to consumers▶ 0:50:54; later called Trump's crypto/meme-coin dealings a conflict of interest that would be a "scandal" in any other administration when questioned by Rep. Waters▶ 1:12:29.

• Rep. Bryan Steil (R-WI) — not present; questioning instead by Rep. French Hill in a second round▶ 1:04:58: Pressed Tahyar on the FDIC exam appeals process and the 1994 Riegle-Neal Act's failure to institutionalize independent appeals▶ 1:07:14.

• Rep. Bill Huizenga (R-MI)▶ 1:15:18: Disputed characterizations that S.2155 tailoring weakened bank oversight, citing the Fed's own SVB report▶ 1:16:13; discussed his FDIC Board Accountability Act requiring board members with community-bank supervisory experience▶ 1:18:21.

• Rep. Nydia Velázquez (D-NY)▶ 1:20:51: Noted 97% of banks and nearly all credit unions were exempted from the overdraft rule Republicans repealed▶ 1:24:12 and that most banks are exempt from the CFPB's Section 1071 rule▶ 1:25:02.

• Rep. Roger Williams (R-TX)▶ 1:25:47: Highlighted the Federal Reserve's withdrawal from the NGFS▶ 1:26:08 and introduced the Federal Reserve Financial Accountability and Transparency Act to require reporting on international engagements▶ 1:26:30.

• Rep. Brad Sherman (D-CA)▶ 1:30:49: Discussed the tension between rigid and discretionary regulation▶ 1:31:10 and raised concerns about FDIC staffing cuts of roughly 1,200 employees▶ 1:32:29; asked about the GSIB surcharge calculation differences between the U.S. and EU▶ 1:34:36.

• Rep. Barry Loudermilk (R-GA), Vice Chair▶ 1:35:56: Discussed his TAILOR Act and the Ensuring U.S. Authority Over U.S. Bank Regulators Act, and pressed on Basel III Endgame's failed implementation▶ 1:38:31.

• Rep. Gregory Meeks (D-NY)▶ 1:40:49: Contrasted the hearing's stated goals with a same-week markup weakening regulatory agencies▶ 1:41:12 and asked about the CDFI Fund executive order, noting MDIs represent 2% of banks but serve over 30% of Black-owned businesses▶ 1:44:19.

• Rep. John Rose (R-TN)▶ 2:06:41: Championed his Home Buyers Privacy Protection Act (HR 2808) against mortgage "trigger lead" abuses, noting it passed the Senate by unanimous consent and had over 90 House cosponsors last Congress▶ 2:08:35.

• Rep. David Scott (D-GA)▶ 1:51:34: Argued tariffs function as a regressive tax hurting community banks' customers and rural/agricultural sectors▶ 1:51:59▶ 1:54:12.

• Rep. William Timmons (R-SC)▶ 1:56:41: Opposed the Biden administration's long-term debt rule proposal as a "reverse tailoring" example▶ 1:57:29 and described being inundated with trigger-lead calls after applying for a mortgage▶ 2:00:58.

• Rep. Al Green (D-TX)▶ 2:01:57: Cited a Wells Fargo consent order termination as evidence of weakened CFPB oversight▶ 2:02:53 and said he would bring articles of impeachment against the president▶ 2:06:23.

• Rep. Erin Houchin (R-IN)▶ 2:12:04: Co-sponsored the Home Buyers Privacy Protection Act▶ 2:12:31 and discussed her Expanding Opportunities for MDI Act mentor-protégé bill▶ 2:13:29.

• Rep. Young Kim (R-CA)▶ 2:17:35: Raised concerns the Home Buyers Privacy Protection Act as written could hurt market competition▶ 2:18:25 and noted only one new bank formed in her county since 2021▶ 2:18:55.

• Rep. Juan Vargas (D-CA)▶ 2:22:52: Questioned who would enforce HR 2808 without a functioning CFPB▶ 2:23:21 and pressed Steele on conflicts of interest from Trump's crypto holdings and Musk's business interests▶ 2:26:42.

• Rep. Stephen Lynch (D-MA)▶ 2:41:34: Said the administration fired roughly 90% of CFPB staff, including its entire military service members affairs unit and 210 veteran employees▶ 2:41:55▶ 2:43:08, and described payday lenders targeting service members near bases like Fort Hood▶ 2:42:21.

• Rep. Ryan Mackenzie (R-PA)▶ 2:46:53: Asked witnesses to grade the CFPB's performance under the Biden administration, with Radcliffe noting rising compliance costs each year▶ 2:49:19.

• Rep. Dan Meuser (R-PA) — (later portion, same speaker as above section attributed by transcript context)▶ 2:46:53: Pressed on whether the CFPB under Chopra was helpful, drawing Flowers' comment that the volume of guidance was "astronomical"▶ 2:50:19.

Key moments

• Radcliffe testified CFSB spends over $632,000 annually on compliance, with tier-one capital ratio expectations informally pushed above 9% versus the 6% "well-capitalized" statutory standard▶ 0:39:41▶ 0:40:06.

• Tahyar said that in a 13-year period only about 50 of over 100,000 FDIC exams were appealed, and banks won just 1 of 17 appeals last year▶ 0:45:10.

• Steele stated the CFPB has returned more than $20 billion to consumers and that two recently repealed rules (overdraft and credit card fees) would have saved consumers $15 billion annually against an $800 million CFPB budget▶ 0:50:54▶ 1:02:16.

• Rep. Waters detailed Trump's meme coin, alleging investors lost $2 billion while insiders made $350 million, and that a dinner event for top coin holders drove the coin's value up 50%, generating $900,000 in trading fees in two days▶ 1:10:43▶ 1:11:18.

• Flowers disclosed that BPI's FOIA requests for Fed/New York Fed Basel III Endgame deliberation documents were "summarily and categorically denied" despite the Fed identifying hundreds of responsive pages▶ 1:27:37.

• Huizenga disputed the narrative that S.2155 tailoring caused the 2023 bank failures, citing the Fed's own report that SVB's "capital position was not the primary cause of its failure"▶ 1:16:13.

• Rep. Casten cited reports that CEO confidence dropped from 7 to 5 (out of 10) in 100 days and that consumer confidence fell 22 points in three months, tying instability to tariff policy▶ 2:33:22▶ 2:34:16.

• Radcliffe said Kentucky's state bank charters fell from 109 in 2020 to 98 by 2024, with no new state charter issued since 2009▶ 0:40:36.

• Lynch stated the CFPB previously employed 210 veterans, nearly all of whom were fired, and that the entire military service members affairs unit was eliminated, leaving about 50 staff to supervise 36,000 financial entities▶ 2:42:21▶ 2:41:55.

• Steele argued the president's use of IEEPA to impose tariffs is likely illegal because the statute doesn't explicitly authorize tariffs and requires a genuine emergency▶ 2:36:41.

Metadata

CommitteeHouse Financial Services Subcommittee on Financial Institutions
Chamber / CongressHouse · 119th Congress
DateApril 29, 2025
TypeHearing
Witnesses
Ms. Sarah Flowers — Senior Vice President, Senior Associate General Counsel, Bank Policy Institute
Mr. J. Radcliffe — Chairman & Chief Executive Officer, Community Financial Services Bank
Mrs. Margaret Tahyar — Partner, Head of Financial Institutions Group, Davis Polk & Wardwell LLP
The Honorable Graham Steele — Academic Fellow, Rock Center for Corporate Governance, Stanford Law School
Videoyoutube
Transcript350 caption blocks · 23,694 words · 2:52:19 runtime
EventCongress.gov 118144