Democrats' control of Congress brings new challenges for big banks

The news: Democrats won control of both the House and Senate in the November 3 midterm elections, setting the stage for greater congressional oversight of the banking industry and President Donald Trump's deregulatory agenda.

The shift gives Democrats control of key congressional committees, allowing them to launch investigations, summon bank executives for hearings, and challenge regulatory decisions.

Sen. Elizabeth Warren, for example, could become chair of the Senate Banking Committee, ramping up scrutiny of bank capital requirements, private credit, consumer protection, and mergers, per Forbes.

Why it matters: Democratic control of Congress won't automatically translate into stricter rules for banks. The Trump administration's regulators retain authority over banking rules, and Trump can veto new legislation. But Democrats can still use congressional oversight to pressure banks and regulators.

One major target could be the largest US banks' growing exposure to private credit firms and other nonbank financial institutions. According to Federal Reserve data cited by Forbes, the eight largest US banks have approximately $1 trillion in direct loans to nonbank financial institutions, raising questions about how risks outside the banking system could become contagions.

Democrats could also challenge proposed reductions in banks’ capital requirements, investigate bank supervisors, and renew attention to credit card costs, overdraft fees, and bank consolidation. 

Implications for banks: Democratic control of Congress is not going to change banks’ operations overnight, but it could complicate some of their expansion plans. Congressional investigations could put banks' private credit relationships and lending practices under a microscope, while demands for information from regulators could slow approvals for new charters, mergers, and acquisitions. Banks may still pursue these plans, but deals that invite political controversy or prolonged scrutiny could become less attractive.

Banks may also need to recalibrate their political engagement strategies as they navigate competing agendas in Washington. Big, highly visible banks will likely try to build goodwill with Democrats by demonstrating progress on issues such as affordable credit and fee transparency while maintaining the Trump administration's support for lower capital requirements, streamlined merger approvals, and lighter regulatory oversight.

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