In remarks at the Center for Capital Markets Competitiveness, Rep. Jeb Hensarling (R-TX), Chair of the House Financial Services Committee, emphasized that too big to fail must be ended. He noted that the Dodd-Frank Act codified too big to fail with two provisions. The first is Title II, providing for an orderly liquidation authority; and the second is allowing FSOC to designate financial firms as systemically important financial institutions. Becoming a SIFI is a double-edged sword, he observed, since, while the firm is subjected to enhanced regulation, the designation implies a federal bail out . The Chairman said that the Committee will take up legislation to repeal Title II and repeal the provisions authorizing FSOC to designate SIFIS.
He said that there was regulatory timidity and confusion before the financial crisis. But there was no lack of regulatory authority among prudential regulators before the crisis. Dodd-Frank has bestowed an enormous level of discretionary power on regulators.
Chairman Hensarling also noted that the weight, volume, and complexity of federal financial regulations must be alleviated. In addition, he said that, in adopting regulations, the SEC must carry out a thorough cost-benefit analysis. The Chairman said that Congress should pass the Regulations In Need of Scrutiny (REINS) Act so that Congress would get to approve significant federal regulations and thus enforce regulatory accountability. The Act would require Congress to take an up or down vote on all new significant regulations before they could be enforced.