SENATE BANKING COMMITTEE NOMINATION HEARING
OVERVIEW
On July 11, the Senate Committee on Banking, Housing, and Urban Affairs held a nomination hearing. The witnesses in the hearing were:
- The Honorable Christy Goldsmith Romero, Chairperson and Member Designate, Board of Directors of the Federal Deposit Insurance Corporation (FDIC)
- The Honorable Caroline A. Crenshaw, Member Designate, Securities and Exchange Commission (SEC)
- The Honorable Kristin N. Johnson, Assistant Secretary Designate, Treasury
- Mr. Gordon I. Ito, Member Designate, Financial Stability Oversight Council (FSOC)
Below is a summary of the hearing prepared by Delta Strategy Group. It includes several high-level takeaways, followed by summaries of opening statements and a summary of all proposed amendments.
Key Takeaways
The following is a summary of some of the topics explored in today’s hearing. Each is discussed in further detail in the Discussion section below.
- The hearing focused on addressing issues within the FDIC’s culture, with a strong emphasis on modernizing the government workplace, improving staff morale, and establishing clear anti-harassment and anti-discrimination policies. Discussions also covered the SEC’s role in protecting retail investors, the potential reopening of the Climate Disclosure Rule, and the importance of Scope 3 reporting requirements, as well as support for banks holding and providing services for digital asset companies.
SUMMARY
Opening Statements and Testimony
Chairman Sherrod Brown (D-OH)
These nominees bring with them years of experience and strong dedication to public service. Mrs. Goldsmith Romero is a highly qualified nominee with more than two decades of financial services experience. Everyone agrees the FDIC needs drastic cultural change. The men and women of the FDIC deserve a place free of harassment and misconduct. That is why I called the President weeks ago to nominate a new highly qualified chair, and Mrs. Goldsmith Romero is that.
Mrs. Crenshaw has been a fierce advocate of protecting Americans’ money and fought to make markets more fair and transparent. Mrs. Johnson brings with her a wealth of experience in the public and private sectors as well as experience in academia, giving her a well-rounded understanding of financial institutions, policy, and regulation. Mr. Ido’s decades of insurance experience prepared him to serve as a member of FSOC.
Ranking Member Tim Scott (R-SC)
This administration wants to safeguard its progressive agenda no matter the cost. Mr. Gruenberg and his allies in the White House have decided to play politics instead of his immediate resignation. It is clear President Biden is not interested in cutting out the damage and not interested in accountability. The White House has taken this opportunity to put forth three nominees selected for the purpose of advancing their progressive regulatory agenda. Mrs. Goldsmith Romero has a long career in public service, your background lacks the banking regulatory experience to carry out the responsibilities and fill the requirements of the FDIC. She has little experience with bank supervision or provisional policymaking, let alone managing the world’s largest deposit insurer. I am concerned with her ability to lead a much-needed cultural change.
I have significant resignations over Commissioner Crenshaw’s nomination based on her views of what appears to me the limitless authority of the SEC. I am particularly concerned with the SEC’s climate disclosure rule.
The Honorable Christy Goldsmith Romero, Chairperson and Member Designate, Board of Directors of the Federal Deposit Insurance Corporation
My experience at the SEC and the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP), as well as at the CFTC regulating derivatives, including at large banks, will be invaluable if confirmed. If confirmed, I will prioritize stability and confidence in the U.S. financial system. As employees need to be supported in the FDIC’s critical mission, I would prioritize a complete overhaul of the FDIC’s workplace culture. The reporting is deeply disturbing and describes deep-seated cultural issues that have caused pain for many employees. It must not continue, and I would bring accountability. I would also focus on ensuring that banks appropriately manage emerging risk, and that the government keeps pace as banking has modernized.
The Honorable Caroline A. Crenshaw, Member Designate, Securities and Exchange Commission
I began my career at the SEC as a staff attorney in the Division of Examinations helping oversee the institutions that manage millions ofAmericans’ savings. If confirmed, I would continue to work tirelessly in support of the SEC’s mission: protecting investors; maintaining fair, orderly, and efficient markets; and facilitating capital formation.
To me, this means promoting trust in the securities markets by reducing opportunities for bad actors to engage in fraud and manipulation. It means ensuring that investors have access to appropriate and truthful disclosures that help them make informed investment decisions. It means ensuring that investment professionals fulfill their obligations to customers and elevate the interests of investors above their own. It means balancing the interests of those who participate in our markets to help ensure smaller players have the chance to compete. I believe that this framework benefits investors and those seeking to raise capital alike and is a pillar of our economy.
The Honorable Kristin N. Johnson, Assistant Secretary Designate, Treasury
If confirmed, I will work to ensure the strength and stability of our financial services sector and to enhance access for American individuals, families, and businesses to housing, credit, and financial services on fair and affordable terms. As a Commissioner at the CFTC, I have advocated for consumer protection, recovery and resilience reforms, cyber-preparedness, risk governance, and effective enforcement against both sophisticated as well as garden-variety fraud.
Mr. Gordon I. Ito, Member Designate, Financial Stability Oversight Council
I have worked closely with fellow state and international regulators, insurers, agents, legislators, and consumer groups to ensure the insurance marketplace remains fair, viable, and responsive, and that companies are financially solvent and there to pay claims. I know the important role state insurance regulators play, and the benefits of collaboration on important questions of financial regulation.
Discussion
Sherrod Brown (D-OH): How do you go about addressing the long-standing issues deeply ingrained in the FDIC’s culture? Goldsmith-Romero: The report reads like a bygone era, particularly for women, minorities, and members of the LGBTQ plus community. First, we need to modernize the government workplace, invest in staff morale and values, and support employees. Second, we need to herald the employees and managers doing the right thing. Third, I would send a clear message that harassment, discrimination, and retaliation will not be tolerated
Tina Smith (D-MN): Could you tell us your view on the SEC’s role in protecting retail investors and maintaining fair markets? Crenshaw: We need to educate investors on how to assess the pros and cons of various investments, and how to assess the risks and opportunities of different investments provide. We need to ensure intermediaries are abiding by their fiduciary obligations. We also need to ensure we are holding bad actors accountable.
Mike Rounds (R-SD): If confirmed the FDIC, would you support reproposing the Basel III Endgame proposal? Goldsmith-Romero: I think a reproposal is always on the table when you have a rule that gets so many negative comments. I am not looking to get something done fast; I am looking to get something done right.
Mike Rounds (R-SD): You will be expected to decide quickly whether another comment period will occur. If you have not done the background to decide if you would support a reproposal, that is going to be a problem. Goldsmith-Romero: I am not privy to the changes that have been made to Basel. I am very open to a reproposal.
Mike Rounds (R-SD): Would you recuse yourself so the FDIC vice chair can vote on the Basel III Endgame proposal? Goldsmith-Romero: I think if I am confirmed as chair, decision would be made at a FDIC board level. I do not think it will be necessary to recuse myself.
Thom Tillis (R-NC): If confirmed, would you consider reopening the Climate Disclosure Rule, and, if you did, would Scope 3 reporting requirements be part of the revised rule? Crenshaw: A lot will depend on the outcome of ongoing litigation. There were many conflicting comments on the proposal, and we worked to balance that. I think there is a way you can look at assumptions, estimates, and safe harbor from liability to ensure the costs are not prohibitive, and not asking farmers and unregistered entities to provide information.
Thom Tillis (R-NC): What is your view of current bank stability? Goldsmith-Romero: It seems that capital is strong, but there are some areas that need to be looked at.
John Kennedy (R-LA): How much is the Climate Risk Disclosure Rule going to cost the companies you regulate? What will be the total cost? How much will the rule lower world temperatures? Crenshaw: On a per issuer basis over 10 years, we have estimated it will cost each issuer between $250,00 and $750,000. I don’t know the total cost. It will depend on the issuer. It is not designed to lower temperatures.
Bill Hagerty (R-TN): Can you briefly explain your views on the Scope 3 requirements of the Climate Disclosure Rules? Crenshaw: I think investors were asking for a variety of information, and there was a lot of support for Scope 3. I think we could have used more models, estimates, and assumptions, and provide information to investors without having to require reporting from farmers.
Bill Hagerty (R-TN): Do you continue to agree with the SEC’s disapproval of Bitcoin ETFs? Crenshaw: To approve an ETP you have to make a public interest finding, and to make that finding you have to look at the facts. There is significant fraud in the underlying spot markets globally.
Cynthia Lummis (R-WY): Should banks be able to hold the assets of digital asset companies, and do you support that? Goldsmith-Romero: They do hold custody of digital assets and yes, I do support that.
Cynthia Lummis (R-WY): Should banks be able to provide services, like payment services, to digital asset companies? Goldsmith-Romero: Yes.