PolicyBrief
S. 427
119th CongressFeb 5th 2025
TAILOR Act of 2025
IN COMMITTEE

The TAILOR Act of 2025 requires federal financial regulators to tailor regulations to the risk profile and business model of financial institutions, reducing the regulatory burden on lower-risk institutions.

Mike Rounds
R

Mike Rounds

Senator

SD

LEGISLATION

TAILOR Act of 2025: New Bill Promises to Cut Red Tape for Banks, But Will It Fit Everyone?

The "Taking Account of Institutions with Low Operation Risk Act of 2025," or TAILOR Act, is all about making financial regulations fit the bank, not the other way around. Introduced in the Senate, this bill aims to force federal regulators to customize rules based on a bank's size, risk, and business model, rather than applying a one-size-fits-all approach. It also eases reporting for smaller community banks and orders a study on modernizing bank oversight.

Resizing the Rules

The core of the TAILOR Act is about making sure regulations match the actual risk a bank poses. Think of it like this: a small-town credit union shouldn't be buried under the same paperwork as a Wall Street giant. The bill tells agencies like the Federal Reserve and FDIC to consider things like a bank's services, its customer base, and even the impact of third-party vendors when crafting rules. They also have to spell out how they tailored the regulation (Section 2). This means, theoretically, less busywork for banks that aren't engaging in risky behavior.

For instance, a local bank focused on home loans might see streamlined regulations compared to a bank heavily involved in complex trading. The bill specifically requires regulators to consider "the overall impact of regulations on institutions' ability to serve customers and local markets." (Section 2). But, it also means regulators will need to get better at distinguishing a truly low-risk bank from one that's just good at hiding its problems.

Paper Cuts for Community Banks

If you run a small bank that qualifies for the "Community Bank Leverage Ratio" (basically, a measure of financial health), the TAILOR Act offers some relief. You'd get to file shorter "call reports" – those quarterly financial statements – for the first and third quarters of the year (Section 3). This could free up time and resources for these banks to focus on, well, banking.

Modernizing the System

The bill also acknowledges that banking is changing fast. It requires a report within 18 months on how to modernize bank supervision (Section 4). This includes looking at new bank business models, how examiners are trained, and whether current laws even make sense in the digital age. The report should cover "technology use" and "communication," suggesting a push towards more tech-savvy regulation.

The Tailoring Challenges

While the TAILOR Act sounds good on paper, there are some potential snags. The big one is making sure that "tailored" regulations don't become "too loose" regulations. It will be crucial to ensure that "risk profile" doesn't become a loophole for banks to dodge necessary oversight. Also, the bill requires agencies to review regulations from the past seven years and revise them within three years (Section 2) – that's a lot of work, and it's unclear if agencies have the resources to do it effectively.

Ultimately, the TAILOR Act is trying to strike a balance. It could be a win for smaller banks and encourage more lending in local communities. But the devil, as always, is in the details – and in how well regulators can walk the line between flexibility and safety.