February 12, 2020
Fed proposal would limit the use of Matters Requiring Attention, which serve as an important early warning system, ensuring that banks and their boards are aware of emerging problems in time to mitigate them; Letter comes as Fed Chairman Powell testifies before the Senate Banking Committee
Warren Raises Concerns to Fed Chair Regarding Significant Changes That May Weaken the Fed's Bank Supervision Process, Harming Consumers and the Economy
Fed proposal would limit the use of Matters Requiring Attention, which serve as an important early warning system, ensuring that banks and their boards are aware of emerging problems in time to mitigate them; Letter comes as Fed Chairman Powell testifies before the Senate Banking Committee
Washington, D.C. -- United States Senator Elizabeth Warren
(D-Mass.), a member of the Senate Committee on Banking, Housing, and Urban
Affairs, sent a letter to Federal Reserve (Fed) Chairman Jerome Powell
regarding potential changes to the Fed's bank supervision process involving
Matters Requiring Attention (MRAs), critical tools that bank examiners use to communicate
violations of law and other areas of risk to financial institutions. Senator
Warren expressed concern that these changes would weaken bank supervision and
harm consumers. The senator's letter comes the same day Chairman Powell
testifies before the Senate Banking Committee.
As a part of its supervisory functions, the Fed regularly conducts
examinations of banks, and MRAs are an important tool for bank examiners to
identify safety and soundness issues and ensure compliance with relevant
banking laws. In the past, MRAs have been used to address issues such as
troubling sales practices across the industry that became apparent in the wake
of the Wells Fargo scandal, and cybersecurity risks to financial institutions.
However, in January, Fed Vice Chair for Supervision Randal Quarles delivered a
speech in which he proposed limiting the use of MRAs "to violations of
law, violations of regulation, and material safety and soundness issues."
"Vice Chair Quarles' troublesome comments strongly suggest that the Fed
intends to severely undermine the effectiveness of its examination program,
which is one of its most potent tools to ensure the safe operation of banks and
the protection of the consumers they serve," wrote Senator Warren.
The senator also warns that the Fed's supervision of banks would be
substantially weakened and examiners would have less discretion to require a
bank to resolve a deficiency if that deficiency does not amount to a violation
of law.
"That the Fed now appears to be going even further in weakening the
bank supervision process signals an abdication of its responsibility to ensure
a safe and sound banking system," Senator Warren wrote.
"I urge you to immediately halt any efforts to implement this
proposal."
The Fed has provided almost no additional public information about how and
when it plans to implement this significant change. Senator Warren has
requested more information about the Fed's intentions and plans to implement
these proposals by February 25, 2020.
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