Senator Brown (D) articulates the rationale and provisions of the Too-Big-To-Fail Act which he co-authored with Senator Vitter (R) Here is a direct link.
Where the Dodd-Frank Act falters under the weight of complexity and tinkering at the edges of reform, the Brown Vitter Act achieves a powerful mix of substance and simplicity. The legislation has also been able to accomplish the seemingly impossible: finding unanimous support across a bipartisan Senate.
“By removing competitive advantages megabanks have over smaller and regional community bankers, the bill is a straightforward support of industry competition. That appeals to libertarians and consumer advocates alike.
Splitting the bank lobby: Perhaps the most significant development has been among the banking lobby itself. Before Brown-Vitter TBTF, the industry responded to all proposed regulatory reform legislation in lockstep. The new proposal splits the industry cleanly in half, with the megabanks on one side and everyone else on the other.
The broad strokes of the TBFA Act:
●Mandates a flat 15 percent capital requirement for any institution with more than $500 billion in assets
●Does not rely on ratings agency grades
●Removes off-balance-sheet assets and liabilities as different classes — they are treated as if they are on the balance sheet
●Requires derivatives positions to be included in a bank’s consolidated assets
●Requires that the capital cushion a bank holds be liquid
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