
Scott Bessent's Treasury Department issued its annual report to the Financial Stability Oversight Council this week with instructions that read like a corporate restructuring memo. The directive calls for identifying regulations that impose quote undue burdens and negatively impact economic growth, thereby undermining financial stability. This inverted causality recasts regulatory restraint as systemic hazard, positioning economic acceleration as the precondition for safety rather than its potential adversary.
The Council, conceived during the Dodd Frank Act's aftermath to monitor emerging threats, now faces Treasury ordered working groups tasked with quantifying regulation's growth constraints. The agenda includes pro forma examinations of Treasury market resilience and cyber threats, but its philosophical core lies in correlating economic expansion with stability. This repurposing echoes Bush era Office of Thrift Supervision tactics that deemed oversight incompatible with industry competitiveness, a posture that later required $200 billion in taxpayer funded Resolution Trust Company cleanups post savings and loan crisis.
Three institutional amnesias deserve notation. First, the Council's statutory design prioritizes threat identification over growth optimization, a distinction buried beneath Treasury's reprioritization. Second, launch timing aligns precisely with midterm electoral calendars rather than emergent market fragility indicators. Third, the working group structure disperses accountability through bureaucratic subdivisions, a maneuver familiar to observers of regulatory capture playbooks from Basel III negotiations to Volcker Rule implementation delays.
Historical precedent suggests such growth centric deregulation follows predictable rhythms. The 1980 Garn St Germain Act promoted thrift expansion while enabling asset liability mismatches. The 1999 Gramm Leach Bliley Act celebrated financial innovation while permitting systemic concentration. The 2018 S.2155 rollback of Dodd Frank provisions for mid sized banks preceded 2023's regional banking contagion. Each episode featured political exigency framed as modernization, industry funded impact studies quantifying regulatory drag, and post crisis rediscovery of guardrails.
Contemporary distinctions warrant examination however. The working groups incorporate artificial intelligence safeguards as both objective and tool, illustrating regulatory arbitrage where legacy rules face scrutiny while emerging technologies receive strategic investment. Similarly, Treasury market resilience receives nominal priority while underlying dealer capital requirements and central clearing reforms remain unaddressed. This selective engagement allows symbolic concessions to stability concerns even as growth advocacy dominates operational priorities.
Unresolved contradictions linger in framing. If household finance fragility merits attention, how does dismantling consumer protection apparatus enhance resilience. If rapid growth ensures stability, does that negate countercyclical buffers established post 2008. And crucially, if SIFI designation processes and stress testing protocols hampered economic expansion, where is the empirical correlation beyond industry funded surveys. The administration's letter offers axioms rather than evidence, deploying stability rhetoric to advance deregulatory aims without reconciling inherent tensions.
The Council now confronts role confusion. Conceived as systemic sentinel, it faces repurposing as efficiency auditor. Member agencies retain conflicting mandates, with FDIC focused on deposit insurance risks while OCC monitors national bank safety. Treasury' s coordination role subtly pressures alignment toward growth metrics that may diverge from individual agencies' statutory obligations. This quiet centralization of regulatory philosophy away from independent agencies merits scrutiny absent public rulemaking processes.
Market reactions prove instructive. Credit default swaps for major banks tightened post announcement, suggesting investor comfort with reduced compliance costs ahead. Volatility indices showed marginal movement, implying derivative markets price no material stability shift. This divergence between credit and volatility perceptions illustrates the credibility gap inherent in conflating regulatory relief with systemic protection. History teaches that stability becomes priced only once lost.
As working groups convene, their output must meet legal thresholds established under Dodd Frank's Section 112. Whether analysis of regulation induced growth constraint satisfies legal requirements for quote threat identification, quote remains unresolved. Judicial deference traditionally shields regulatory prioritization, but statutory language offers limited accommodation for growth optimization as stability strategy. Legal challenges may test this repurposing if member agencies dissent or procedural irregularities emerge.
The broader pattern reveals regulatory cycle recidivism. Post crisis safeguards face erosion not through legislative repeal but bureaucratic reorientation. Terminology shifts stability definitions towards immediacy economic metrics rather than structural fragility. Political timetables dictate pacing absent exogenous shocks. Yet household balance sheets and cyber vulnerabilities receive nominal acknowledgment even as protections face dilution. The Council's evolution from systemic watchdog to growth enabler confirms Washington's oldest law nothing accelerates deregulation like prolonged expansion. Complacency, it seems, remains the most consistent economic indicator.
By Tracey Wild