In This Article:
One House Republican is making the case for large banks to get a break from a key post-crisis regulation known as the Volcker rule. The Volcker rule, part of the Dodd-Frank financial regulatory framework, generally prohibits banks from engaging in short-term proprietary trading and limits their relationships with hedge funds and private equity funds.
Yahoo Finance obtained a letter from Rep. Blaine Luetkemeyer (R-Mo.) telling the Volcker regulators that the original intent of the statute was, in fact, to give larger banks an exemption as long as they have relatively small holdings of trading assets and liabilities.
Luetkemeyer, one of the top-ranking Republicans on the House Financial Services Committee, wrote that banks “regardless of their size” should be exempt if they have “relatively immaterial trading activities.”
Two weeks ago, Yahoo Finance reported that some double negatives in the law could be read as freeing some of the largest U.S. banks - covering the likes of U.S. Bancorp (USB) and PNC Financial Services (PNC) - from the Volcker rule. The summary of the bill appeared to telegraph that the exemption was only for “community” banks with less than $10 billion in total assets and less than 5% of assets in trading assets and liabilities. But Yahoo Finance reported that large banks were consulting with former Trump regulator Keith Noreika on an alternative interpretation that would only require a firm to meet one of those criteria to get the exemption.
“Congress made a clear determination to tailor the Volcker Rule to only apply to those firms with greater than $10 billion in assets with a relatively significant portion of their business comprised of trading activities,” the letter dated December 21 reads.
Luetkemeyer adds that the bill also “reflects, for the most part, the position advocated by the Administration during the process.” In the U.S. Treasury’s review of banking laws, staff recommended that “proprietary trading restrictions of the rule not apply to banks with greater than $10 billion in assets unless they exceed a threshold amount of trading assets and liabilities.”
But Luetkemeyer was not one of the original drafters of the bill, and the Senate seemed fairly clear on only letting banks below $10 billion benefit.
The official bill summary says the “community bank relief” is for banks that have “less than $10 billion in total consolidated assets and total trading assets and trading liabilities that are not more than five percent of total consolidated assets.” Yahoo Finance reached out to several Senate offices involved with the original bill’s drafting, but did not receive responses to requests for comment.