PolicyBrief
S.J.RES. 110
119th CongressMar 4th 2026
A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Treasury relating to "Regulatory Capital Rule: Modifications to the Enhanced Supplementary Leverage Ratio Standards for U.S. Global Systemically Important Bank Holding Companies and Their Subsidiary Depository Institutions; Total Loss-Absorbing Capacity and Long-Term Debt Requirements for U.S. Global Systemically Important Bank Holding Companies".
IN COMMITTEE

This joint resolution disapproves the Treasury Department's rule modifying capital standards for U.S. Global Systemically Important Bank Holding Companies.

Elizabeth Warren
D

Elizabeth Warren

Senator

MA

LEGISLATION

Congress Moves to Block New Capital Rules for Mega-Banks: Treasury Regulation Set to Lose Legal Force

This joint resolution is a direct exercise of congressional oversight aimed at a specific set of financial rules recently issued by the Department of the Treasury. If passed, it would officially disapprove and nullify the rule titled 'Regulatory Capital Rule: Modifications to the Enhanced Supplementary Leverage Ratio Standards.' In plain English, Congress is hitting the 'undo' button on a regulation that changed how much cash and long-term debt the nation’s largest, 'systemically important' banks—the ones often called 'too big to fail'—must keep on hand as a safety buffer. By invoking Chapter 8 of Title 5 of the U.S. Code, lawmakers are ensuring that this specific Treasury rule will have no legal force or effect, essentially freezing the regulatory landscape for mega-banks in its previous state.

The Safety Net Stays Put

The rule in question focuses on the 'Enhanced Supplementary Leverage Ratio' (eSLR) and 'Total Loss-Absorbing Capacity' (TLAC). These are technical terms for the financial cushions that big banks like JPMorgan Chase or Bank of America are required to maintain to prevent a taxpayer-funded bailout during a market crash. The Treasury’s rule sought to modify these requirements, potentially changing the math on how much debt these institutions must hold relative to their assets. By blocking these modifications, the resolution keeps the existing, stricter standards in place. For a software engineer or a retail manager, this means the 'rules of the road' for the banks holding their mortgages and savings accounts won't shift under the new Treasury guidelines, maintaining the current status quo of financial oversight.

Impact on the Financial Plumbing

When the Treasury modifies capital requirements, it affects how much money big banks can lend or move into different types of investments. If the now-disapproved rule was intended to give banks more flexibility, blocking it might limit their ability to expand certain lending operations in the short term. Conversely, for financial stability advocates, this resolution acts as a defensive play. It prevents any perceived 'watering down' of the guardrails put in place after the 2008 financial crisis. For the average worker, the immediate impact is invisible, but the long-term goal is to ensure that if a global bank makes a bad bet, it has enough of its own 'long-term debt' (as referenced in the rule) to absorb the hit without shaking the entire economy.

Oversight and the Regulatory Tug-of-War

This move highlights a classic power struggle between executive agencies and the legislative branch. The Department of the Treasury spent months or years crafting these specific 90 Fed. Reg. 55248 standards, only for Congress to step in and declare them void. The challenge here is consistency; financial institutions generally prefer predictable rules to plan their decade-long investment strategies. By nullifying the rule, Congress is effectively telling the Treasury to go back to the drawing board or leave the current standards alone. While this keeps the current safety buffers intact, it also means any genuine technical improvements or modernizations included in the Treasury's original 55248 filing are now off the table.