mr. kupiec -- >> could i just add one point? >> i will give you a chance, mr. frank, i want to ask mr. kupiec if he thinks it is better to replace the $50 billion threshold with something, say, that looks at the complexity of the business, not the size but the business model and what the financial institutions are engaging in? mr. frank, i'll ask you the question afterwards. >> it is an excellent question, two aspects to it. on a positive note on what you can do to fix too big to fail in dodd-frank, title 1 should have been used to direct the fdic in their regular bank resolution process to be required to split up large banks to fail rather than to set up a whole bank resolution. that is how we got to too big to fail banks and dodd-frank didn't do that it would have to modify the fdic act so they didn't have to do the lease cost resolution. so the whole notion that dodd-frank handles the too big to fail notion is nonsense. if you fix the banks, the ones between 50 and 250 billion, they don't pose a risk to the economy. the resolution process built up a too big to fail industry structure

mr. kupi kupiec.his issue has been beat several times but i think it's really important to hit it again. so the dodd/frank act set the asset level of systemically important institutions at $50 billion. do you know if there's any relevance to the selection of this arbitrary number, is it cross referenced anywhere else? >> no, it's an arbitrary number. there's no scientific basis for $50 billion. >> and i think congressman luetkemeyer did a great job of talking about the american banker article yesterday that talked about two banks that are now approaching $50 billion. and what's happened to their stock price, what's happened to them just as a result of potentially moving closer to that number and even governor truillo has said a $100 billion number would be acceptable to him but isn't there now an acceptance that $50 billion is absolutely too low among almost everybody that's out there? >> i think -- $50 billion i think is too low for the -- all the intrusive regulations that come along with it. my rec