Financial Stability Oversight Council Improvement Act of 2025

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Bill ID: 119/hr/3682
Last Updated: July 12, 2026

Sponsored by

Rep. Foster, Bill [D-IL-11]

ID: F000454

Follow the money

The bill

Financial Stability Oversight Council Improvement Act of 2025

HR. 3682, 119th Congress — read as touching Private Equity & Hedge Funds.

The sponsor

Rep. Foster, Bill [D-IL-11]

Every bill has someone who introduced it. That name is where the paper trail starts.

The money

$79,200 raised

24 itemised contributions to this sponsor, pulled from FEC filings.

The alignment

62% match to Project 2025

This bill's text tracks the "Introduction" section, p. 773-775 of the Mandate for Leadership.

Bill's Journey to Becoming a Law

Track this bill's progress through the legislative process

Latest Action

Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

February 10, 2026

Introduced

Committee Review

Floor Action

Passed House

Senate Review

📍 Current Status

Next: Both chambers must agree on the same version of the bill.

🎉

Passed Congress

🖊️

Presidential Action

⚖️

Became Law

📚 How does a bill become a law?

1. Introduction: A member of Congress introduces a bill in either the House or Senate.

2. Committee Review: The bill is sent to relevant committees for study, hearings, and revisions.

3. Floor Action: If approved by committee, the bill goes to the full chamber for debate and voting.

4. Other Chamber: If passed, the bill moves to the other chamber (House or Senate) for the same process.

5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.

6. Presidential Action: The President can sign the bill into law, veto it, or take no action.

7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!

Bill Summary

The Financial Stability Oversight Council Improvement Act of 2025 - because what the world really needed was another layer of bureaucratic doublespeak to obscure the fact that our financial system is a ticking time bomb.

**Main Purpose & Objectives:** The bill's stated purpose is to "improve" the Financial Stability Oversight Council (FSOC) by requiring it to consider alternative approaches before determining whether a nonbank financial company should be supervised by the Federal Reserve. Yeah, because that's exactly what we need - more deliberation and hand-wringing from a council that's already proven itself to be about as effective as a Band-Aid on a bullet wound.

**Key Provisions & Changes to Existing Law:** The bill amends Section 113 of the Financial Stability Act of 2010 by adding a new subsection (3) that requires the FSOC to consult with nonbank financial companies and their primary regulators before making a determination. Oh, wow - I bet those companies are just quaking in their boots at the prospect of having to submit a written plan to mitigate potential threats to financial stability. And let's not forget the added bonus of allowing the FSOC to consider "new or heightened standards and safeguards" - because what could possibly go wrong with giving bureaucrats more power to regulate?

**Affected Parties & Stakeholders:** The usual suspects: nonbank financial companies, their regulators, and the Federal Reserve. But don't worry, folks - this bill is all about protecting the little guy... just as soon as it finishes lining the pockets of its corporate sponsors.

**Potential Impact & Implications:** This bill is a classic case of "regulatory capture" - where industry insiders use their influence to water down regulations and avoid accountability. By requiring the FSOC to consider alternative approaches, this bill effectively gives nonbank financial companies a veto power over any attempts to regulate them. And let's not forget the added benefit of creating more bureaucratic red tape to strangle innovation and competition.

In short, this bill is a symptom of the same disease that's been plaguing our financial system for decades: a toxic mix of corruption, cowardice, and stupidity. It's a Band-Aid on a bullet wound, designed to make politicians look like they're doing something while actually accomplishing nothing. So go ahead, Congress - pat yourselves on the back for this "improvement" act. I'm sure it'll do wonders for your re-election campaigns... and absolutely nothing for the rest of us.

Related Topics

Banking & Financial ServicesFederal Budget & Appropriations
Generated using Llama 3.1 70B (Dr. Haus personality)

💰 Campaign Finance Network

Rep. Foster, Bill [D-IL-11]

Congress 119 • 2024 Election Cycle

Total Contributions
$79,200
22 donors
PACs
$0
Organizations
$13,200
Committees
$0
Individuals
$66,000

No PAC contributions found

1
OTOE MISSOURIA TRIBE OF OKLAHOMA
2 transactions
$6,600
2
HABEMATOLEL POMO OF UPPER LAKE TRIBE
1 transaction
$3,300
3
TURTLE MOUNTAIN BAND OF CHIPPEWA
1 transaction
$3,300

No committee contributions found

1
STOWELL, MARY
2 transactions
$6,600
2
SIVANANTHAN, SIVALINGAM
1 transaction
$3,300
3
TULLMAN, GLEN
1 transaction
$3,300
4
MCINTOSH, WILLIAM A.
1 transaction
$3,300
5
KHOSLA, NEERU
1 transaction
$3,300
6
MORRISON, KATE B.
1 transaction
$3,300
7
KHOSLA, VINOD
1 transaction
$3,300
8
DESJARDINS, DAVID
1 transaction
$3,300
9
KAPER, TASSO J.
1 transaction
$3,300
10
RHODES, DAVID J.
1 transaction
$3,300
11
SMITH, SCOTT
1 transaction
$3,300
12
YEE, BENNET
1 transaction
$3,300
13
BERGAN, ANDREW
1 transaction
$3,300
14
LEVY, PAUL A.
1 transaction
$3,300
15
EDWARDS, DONALD A.
1 transaction
$3,300
16
SANDBERG, ADELE
1 transaction
$3,300
17
SANDBERG, JOEL
1 transaction
$3,300
18
LENNON, KAREN
1 transaction
$3,300
19
BENNETT, RAYMOND W.
1 transaction
$3,300

Cosponsors & Their Campaign Finance

This bill has 10 cosponsors. Below are their top campaign contributors.

Rep. Huizenga, Bill [R-MI-4]

ID: H001058

Top Contributors

10

1
POKAGON BAND OF POTAWATOMI INDIANS
OrganizationDOWAGIAC, MI
$3,300
Dec 11, 2023
2
THALOP LLC
OrganizationINDIANAPOLIS, IN
$1,000
Aug 29, 2024
3
BARREL DOG, LLC
OrganizationHOLLAND, MI
$1,000
Sep 1, 2024
4
NOAH HOMES LLC
OrganizationINDIANAPOLIS, IN
$1,000
Sep 30, 2024
5
THALOP LLC
OrganizationINDIANAPOLIS, IN
$1,000
Sep 30, 2024
6
B&B DAIRY
OrganizationPLAINVIEW, TX
$500
Jul 28, 2024
7
B&B DAIRY
OrganizationPLAINVIEW, TX
$500
Sep 5, 2024
8
STRAIGHT LINE RED ANGUS
OrganizationBANGOR, MI
$250
Jul 23, 2024
9
VAN ANDEL, AMY
THE STEVE AND AMY VAN ANDEL FOUNDATIONEXECUTIVE DIRECTOR
IndividualADA, MI
$75,000
Mar 29, 2024
10
VAN ANDEL, STEPHEN
AMWAYCHAIRMAN
IndividualADA, MI
$75,000
Mar 29, 2024

Rep. Gottheimer, Josh [D-NJ-5]

ID: G000583

Top Contributors

10

1
AMERICAN EXPRESS
OrganizationNEWARK, NJ
$22,941
Apr 12, 2024
2
AMERICAN EXPRESS
OrganizationNEWARK, NJ
$10,621
May 10, 2024
3
PAYROLL DATA PROCESSING
OrganizationTAMPA, FL
$6,337
May 15, 2024
4
PAYROLL DATA PROCESSING
OrganizationTAMPA, FL
$6,337
Apr 15, 2024
5
PAYROLL DATA PROCESSING
OrganizationTAMPA, FL
$6,337
Apr 30, 2024
6
PAYROLL DATA PROCESSING
OrganizationTAMPA, FL
$5,751
Apr 1, 2024
7
EASTERN BAND OF CHEROKEE INDIANS
OrganizationCHEROKEE, NC
$3,300
Oct 22, 2024
8
SEKAS LAW GROUP LLC
OrganizationENGLEWOOD CLIFFS, NJ
$1,500
Apr 12, 2024
9
SANDOR F. GENET & ASSOCIATES, P.A.
OrganizationNORTH MIAMI BEACH, FL
$250
Apr 12, 2024
10
FIRESTONE MILKEN, SARAH
NOT EMPLOYEDNOT EMPLOYED
IndividualPACIFIC PALISADES, CA
$13,200
Jul 2, 2024

Rep. Kim, Young [R-CA-40]

ID: K000397

Top Contributors

10

1
PECHANGA BAND OF LUISENO INDIANS
OrganizationTEMECULA, CA
$3,300
Dec 21, 2023
2
HABEMATOLEL POMO OF UPPER LAKE
OrganizationUPPER LAKE, CA
$3,300
Jul 28, 2023
3
OTOE MISSOURIA TRIBE OF OKLAHOMA
OrganizationRED ROCK, OK
$3,300
Jul 28, 2023
4
TURTLE MOUNTAIN BAND OF CHIPPEWA OF NORTH DAKOTA
OrganizationBELCOURT, ND
$3,300
Jul 28, 2023
5
AGUA CALIENTE BAND OF CAHUILLA INDIANS
OrganizationPALM SPRINGS, CA
$3,300
Sep 30, 2024
6
PECHANGA BAND OF LUISENO INDIANS
OrganizationTEMECULA, CA
$3,300
Jul 25, 2024
7
AT&T INC & ITS AFFLIATES
OrganizationSACRAMENTO, CA
$3,000
Mar 5, 2024
8
ABBVIE PAC - FEDERAL PAC
OrganizationSACRAMENTO, CA
$2,500
Sep 30, 2023
9
SAN MANUEL BAND OF MISSION INDIANS
OrganizationLOS ANGELES, CA
$2,300
Oct 25, 2024
10
SANTA YNEZ BAND OF MISSION INDIANS
OrganizationSANTA YNEZ, CA
$2,000
Oct 28, 2024

Rep. Sherman, Brad [D-CA-32]

ID: S000344

Top Contributors

10

1
MORONGO BAND OF MISSION INDIANS NATIVE AMERICAN RIGHTS FUND
OrganizationBANNING, CA
$2,000
Oct 30, 2023
2
MS BAND OF CHOCTAW INDIANS
OrganizationCHOCTAW, MS
$2,000
Oct 5, 2023
3
SANTA YNEZ BAND OF MISSION INDIANS
OrganizationSANTA YNEZ, CA
$2,000
Sep 30, 2024
4
SANTA YNEZ BAND OF MISSION INDIANS
OrganizationSANTA YNEZ, CA
$1,300
Oct 21, 2024
5
BARONA BAND OF MISSION INDIANS
OrganizationLAKESIDE, CA
$1,000
Oct 28, 2024
6
SANTA YNEZ BAND OF MISSION INDIANS
OrganizationSANTA YNEZ, CA
$700
Oct 21, 2024
7
AHMED, TAIMOOR
MARKHOR LOGISTICSCEO
IndividualSACRAMENTO, CA
$3,300
Mar 30, 2023
8
GARHWAL, HARI
GARHWAL, CHAN & WILLIAMSCPA
IndividualSAN FRANCISCO, CA
$3,300
Mar 23, 2023
9
GARHWAL, HARI
GARHWAL, CHAN & WILLIAMSCPA
IndividualSAN FRANCISCO, CA
$3,300
Mar 23, 2023
10
GARHWAL, SANJEEV
WWMGPHYSICIAN
IndividualSEATTLE, WA
$3,300
Mar 29, 2023

Rep. Pettersen, Brittany [D-CO-7]

ID: P000620

Top Contributors

10

1
HABEMATOLEL POMO OF UPPER LAKE TRIBE OF CALIFORNIA
OrganizationUPPER LAKE, CA
$3,300
Mar 31, 2023
2
HABEMATOLEL POMO OF UPPER LAKE TRIBE OF CALIFORNIA
OrganizationUPPER LAKE, CA
$3,300
Mar 31, 2023
3
OTOE-MISSOURIA TRIBE OF OKLAHOMA
OrganizationRED ROCK, OK
$3,300
Mar 31, 2023
4
OTOE-MISSOURIA TRIBE OF OKLAHOMA
OrganizationRED ROCK, OK
$3,300
Mar 31, 2023
5
TURTLE MOUNTAIN BAND OF CHIPPEWA OF NORTH DAKOTA
OrganizationBELCOURT, ND
$3,300
Mar 31, 2023
6
TURTLE MOUNTAIN BAND OF CHIPPEWA OF NORTH DAKOTA
OrganizationBELCOURT, ND
$3,300
Jun 10, 2024
7
EASTERN BAND OF CHEROKEE INDIANS
OrganizationCHEROKEE, NC
$3,300
Oct 16, 2024
8
THE CHICKASAW NATION
OrganizationADA, OK
$2,300
Dec 21, 2023
9
BGR GOVERNMENT AFFAIRS, LLC
OrganizationWASHINGTON, DC
$1,000
Oct 12, 2023
10
THE CHICKASAW NATION
OrganizationADA, OK
$1,000
May 22, 2023

Rep. Torres, Ritchie [D-NY-15]

ID: T000486

Top Contributors

10

1
OPEN HAND ASSOCIATION, INC.
OrganizationBRONX, NY
$5,000
Jan 10, 2024
2
JANNEY MONTGOMERY SCOTT
OrganizationPHILADELPHIA, PA
$4,589
May 31, 2023
3
HABEMATOLEL POMO OF UPPER LAKE TRIBE OF CALIFORNIA
OrganizationUPPER LAKE, CA
$3,300
Jul 18, 2023
4
OTOE MISSOURIA TRIBE OF OKLAHOMA
OrganizationRED ROCK, OK
$3,300
Jul 18, 2023
5
TURTLE MOUNTAIN BAND OF CHIPPEWA OF NORTH DAKOTA
OrganizationBELCOURT, ND
$3,300
Jul 17, 2023
6
JANNEY MONTGOMERY SCOTT
OrganizationPHILADELPHIA, PA
$2,976
Apr 28, 2023
7
JANNEY MONTGOMERY SCOTT
OrganizationPHILADELPHIA, PA
$682
Jun 6, 2023
8
JANNEY MONTGOMERY SCOTT
OrganizationPHILADELPHIA, PA
$270
Jul 5, 2023
9
JANNEY MONTGOMERY SCOTT
OrganizationPHILADELPHIA, PA
$227
Jul 31, 2023
10
JANNEY MONTGOMERY SCOTT
OrganizationPHILADELPHIA, PA
$48
Jun 30, 2023

Rep. Lucas, Frank D. [R-OK-3]

ID: L000491

Top Contributors

10

1
SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
OrganizationPRIOR LAKE, MN
$1,650
Jun 17, 2024
2
SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
OrganizationPRIOR LAKE, MN
$1,650
Jun 17, 2024
3
SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
OrganizationPRIOR LAKE, MN
$1,650
Jun 5, 2023
4
GATES, WILLIAM
BREAKTHROUGH ENERGYPHILANTHROPIST
IndividualREDMOND, WA
$3,300
Oct 19, 2023
5
NATION, CHEROKEE
INDIAN TRIBEINDIAN TRIBE
IndividualTAHLEQUAH, OK
$3,300
Dec 26, 2023
6
LOVE, GREG
LOVE'S TRAVEL STOPSCO-CEO
IndividualOKLAHOMA CITY, OK
$3,300
Mar 5, 2024
7
LOVE, GREG
LOVE'S TRAVEL STOPSCO-CEO
IndividualOKLAHOMA CITY, OK
$3,300
Mar 5, 2024
8
PILLMORE, BRIAN
SELFBUSINESS OWNER
IndividualYUKON, OK
$3,300
Mar 4, 2024
9
HILLIARY, MEGAN
HILLIARY CUSTOM HOMESDESIGNER
IndividualLAWTON, OK
$3,300
Aug 1, 2023
10
WILMES, JEFF
WILMES CHEVROLETAUTO SALES
IndividualALTUS, OK
$3,300
Aug 3, 2023

Rep. Meuser, Daniel [R-PA-9]

ID: M001204

Top Contributors

10

1
PRIDE MOBILITY PRODUCTS CORP
OrganizationDURYEA, PA
$2,500
Sep 18, 2024
2
COTLER, YUDACUFSKI, HUEBNER
OrganizationSAINT CLAIR, PA
$1,000
Apr 23, 2024
3
DOWD, JOHN J
SUNDANCE VACATIONSPRESIDENT
IndividualLEHIGHTON, PA
$6,600
Mar 25, 2024
4
PEYKOFF, ANDY
NIAGARA BOTTLING, LLCCEO
IndividualLAS VEGAS, NV
$6,600
Mar 22, 2024
5
DOWD, JOHN J
SUNDANCE VACATIONSPRESIDENT
IndividualLEHIGHTON, PA
$6,600
Sep 18, 2024
6
ROWAN, MARC J
APOLLO MANAGEMENTMANAGEMENT
IndividualGREENWICH, CT
$6,600
Aug 23, 2023
7
ROWAN, CAROLYN
CAROLYN ROWAN COLLECTIONOWNER
IndividualGREENWICH, CT
$6,600
Aug 23, 2023
8
RICH, BRIAN R MR. JR
GILBERTON COAL CO.EXECUTIVE SALES
IndividualCONSHOHOCKEN, PA
$6,600
Oct 24, 2024
9
VOLPE, ELLEN M
SELFHOMEMAKER
IndividualWAVERLY TOWNSHIP, PA
$5,800
May 31, 2023
10
VOLPE, CHARLES J
EXCALIBUR INSURANCE MGMTPRESIDENT
IndividualWAVERLY TOWNSHIP, PA
$5,800
May 31, 2023

Rep. Cleaver, Emanuel [D-MO-5]

ID: C001061

Top Contributors

10

1
BARNES LAW FIRM, LLC
OrganizationKANSAS CITY, MO
$2,500
Jul 21, 2023
2
GRAHAM-ANDEBRHAN LLC
OrganizationKANSAS CITY, MO
$1,125
Jul 7, 2023
3
OBERHELMAN, DIANE
CULLINAN PROPERTIES LTD.EXECUTIVE
IndividualEDWARDS, IL
$3,300
Nov 20, 2024
4
EMERSON, BILL
ROCKET COMPANIESPRESIDENT
IndividualBLOOMFIELD HILLS, MI
$3,300
Dec 19, 2023
5
RAYANT, GARRY
SELF EMPLOYEDDENTIST
IndividualSAN FRANCISCO, CA
$3,300
Oct 18, 2023
6
RAYANT, GARRY
SELF EMPLOYEDDENTIST
IndividualSAN FRANCISCO, CA
$3,300
Oct 18, 2023
7
HALL, DAVID
HALLMARKEXECUTIVE
IndividualKANSAS CITY, MO
$3,300
Jan 25, 2024
8
HALL, DON JR.
HALLMARK CARDSEXECUTIVE
IndividualKANSAS CITY, MO
$3,300
Jan 25, 2024
9
LOVIER, HEATHER
ROCKET MORTGAGECHIEF CLIENT EXP. OFF.
IndividualROCKWOOD, MI
$3,300
Jun 28, 2024
10
GRAY, JON
BLACKSTONEPRESIDENT
IndividualNEW YORK, NY
$3,300
May 15, 2024

Rep. Houlahan, Chrissy [D-PA-6]

ID: H001085

Top Contributors

10

1
HASHEMI, MARY
NOT EMPLOYEDNOT EMPLOYED
IndividualBERWYN, PA
$3,300
Oct 17, 2024
2
KAFKER, ROGER
TA ASSOCIATESPRIVATE EQUITY
IndividualWELLESLEY, MA
$3,300
Oct 22, 2024
3
MORGAN, HOWARD
MFCIF LLCVENTURE CAPITAL
IndividualNEW YORK, NY
$3,300
Sep 29, 2023
4
KENNEY, PETER
SELF-EMPLOYEDWRITER
IndividualPHILADELPHIA, PA
$3,300
Sep 26, 2023
5
MANDEL, SUE
NOT EMPLOYEDNOT EMPLOYED
IndividualGREENWICH, CT
$3,300
Jul 23, 2023
6
KJELLERUP, PETER
NOT EMPLOYEDNOT EMPLOYED
IndividualWEST GROVE, PA
$3,300
Sep 23, 2023
7
KEARNS, ANDREW
MORGAN STANLEYINVESTMENT BANKER
IndividualHILLSBOROUGH, CA
$3,300
Sep 29, 2023
8
METZ, MITCHELL
RTD FINANCIAL ADVISORSFINANCIAL ADVISOR
IndividualPENN VALLEY, PA
$3,300
Jul 16, 2023
9
KEARNS, ANDREW
MORGAN STANLEYINVESTMENT BANKER
IndividualHILLSBOROUGH, CA
$3,300
Sep 29, 2023
10
MANDEL, STEVE
LONE PINE CAPITALFOUNDER
IndividualGREENWICH, CT
$3,300
Jul 20, 2023

Donor Network - Rep. Foster, Bill [D-IL-11]

PACs
Organizations
Individuals
Politicians

Hub layout: Politicians in center, donors arranged by type in rings around them.

Loading...

Showing 73 nodes and 39 connections (63 secondary connections hidden)

Total contributions: $150,199

Top Donors - Rep. Foster, Bill [D-IL-11]

Showing top 22 donors by contribution amount

3 Orgs19 Individuals

Industry Impact

Which industries are materially affected by specific provisions in this bill. 1 helped, 1 harmed.

  • Section 2(1)(B) adds subsection (a)(3) requiring the Financial Stability Oversight Council to consider alternative actions before designating a U.S. nonbank financial company for Fed supervision, which could reduce regulatory burden on private equity and hedge funds that are often structured as nonbank financial firms.

  • Commercial Banksconfidence 0.60

    Section 2(2) amends subsection (f)(1) to reference subsections (a)(3) and (e), potentially altering the process for designating nonbank financial companies, which could shift some oversight burdens or competitive dynamics affecting commercial banks.

Who funds the sponsor on these industries

For each industry this bill affects, here's what the sponsor (Rep. Foster, Bill [D-IL-11])received from donors associated with that industry during the 2022–present cycles. Donations are not proof of intent — they are a record of who funds the people writing the law.

Industries this bill HELPS

  • from 12 contributions
    • ROWAN, MARC J.$6,600
    • KLARMAN, SETH$6,600
    • WASSENAAR, OLIVIA$5,200
    • BITTENCOURT, ROBERT$2,600
    • ROTHSTEIN, STUART$2,500

Project 2025 Policy Matches

This bill shows semantic similarity to the following sections of the Project 2025 policy document.

Introduction

Moderate61.8%
Pages: 773-775

— 741 — Federal Reserve l Appoint a commission to explore the mission of the Federal Reserve, alternatives to the Federal Reserve system, and the nation’s financial regulatory apparatus. l Prevent the institution of a central bank digital currency (CBDC). A CBDC would provide unprecedented surveillance and potential control of financial transactions without providing added benefits available through existing technologies.34 AUTHOR’S NOTE: The preparation of this chapter was a collective enterprise of individuals involved in the 2025 Presidential Transition Project. All contributors to this chapter are listed at the front of this volume, but Alexander Salter, Judy Shelton, and Peter St Onge, deserve special mention. The chapter reflects input from all the contributors, however, no views expressed herein should be attributed to any specific individual. — 742 — Mandate for Leadership: The Conservative Promise ENDNOTES 1. U.S. Constitution, Article 1, Section 8, https://www.law.cornell.edu/constitution (accessed January 23, 2023). 2. For example, Alexander Salter and Daniel Smith (2019) show that Federal Reserve Chairs become more favorable toward monetary discretion once they are confirmed compared to previous stances. Alexander William Salter and Daniel J. Smith, “Political Economists or Political Economists? The Role of Political Environments in the Formation of Fed Policy Under Burns, Greenspan, and Bernanke,” Quarterly Review of Economics and Finance, Vol. 71 (February 2019), pp. 1–13. 3. Sarah Binder, “The Federal Reserve as a ‘Political’ Institution,” American Academy of Arts and Sciences Bulletin, Vol. LXIX, No. 3 (Spring 2016), pp. 47–49, https://www.amacad.org/sites/default/files/bulletin/ downloads/bulletin_Spring2016.pdf (accessed January 23, 2023). See also Charles L. Weise, “Political Pressures on Monetary Policy During the US Great Inflation,” American Economic Journal: Macroeconomics, Vol. 4, No. 2 (April 2012), pp. 33–64, https://www.haverford.edu/sites/default/files/Department/Economics/ Weise_Political_Pressures_on%20Monetary_Policy.pdf (accessed January 23, 2023). 4. The Federal Reserve’s financial stability mandate is poorly defined. The Fed has taken advantage of the statutory vagueness and proceeded as if it has the authority to engage in these activities, although it is highly questionable whether this is permissible. 5. 12 U.S.C. § 225a, https://www.law.cornell.edu/uscode/text/12/225a (accessed January 23, 2023). 6. See Peter J. Boettke, Alexander William Salter, and Daniel J. Smith, Money and the Rule of Law: Generality and Predictability in Monetary Institutions (Cambridge, UK: Cambridge University Press, 2021). 7. George Selgin, William D. Lastrapes, and Lawrence H. White, “Has the Fed Been a Failure?” Journal of Macroeconomics, Vol. 34, No. 3 (September 2012), pp. 569–596, https://www.sciencedirect.com/science/ article/abs/pii/S0164070412000304 (accessed January 24, 2023). 8. This includes federal programs that automatically provide for adjustments as the economy contracts (for example, unemployment insurance or the Supplemental Nutrition Assistance Program). 9. Mark Segal, “Fed to Launch Climate Risk Resilience Tests with Big Banks,” ESG Today, September 30, 2022, https://www.esgtoday.com/fed-to-launch-climate-risk-resilience-tests-with-big-banks/ (accessed January 23, 2023). 10. Kenneth J. Robinson, “Savings and Loan Crisis 1980–1989,” Federal Reserve Bank of St. Louis, Federal Reserve History, November 22, 2013, https://www.federalreservehistory.org/essays/savings-and-loan-crisis (accessed January 23, 2023). 11. Russell Roberts, “Gambling with Other People’s Money: How Perverted Incentives Caused the Financial Crisis,” Mercatus Center at George Mason University, May 2010, https://www.mercatus.org/system/files/RUSS-final. pdf (accessed January 24, 2023). 12. Board of Governors of the Federal Reserve System, Credit and Liquidity Programs Balance Sheet Data Series, 2007–2022, https://www.federalreserve.gov/monetarypolicy/bst_recenttrends.htm (accessed January 24, 2023). 13. Board of Governors of the Federal Reserve System, U.S. Treasury Securities Data Series (TREAST), 2004–2022, https://fred.stlouisfed.org/series/TREAST (accessed January 24, 2023). 14. Board of Governors of the Federal Reserve System, Mortgage-Backed Securities Data Series (WSHOMCB), 2004–2022, https://fred.stlouisfed.org/series/WSHOMCB (accessed January 24, 2023). 15. Board of Governors of the Federal Reserve System, Total Assets (Less Eliminations from Consolidation) Data Series (WALCL), 2004–2022, https://fred.stlouisfed.org/series/WALCL (accessed January 24, 2023). 16. Federal Reserve Bank of St. Louis, “S&P Dow Jones Indices LLC, S&P/Case–Shiller U.S. National Home Price Index (CSUSHPINSA),” https://fred.stlouisfed.org/series/CSUSHPINSA (accessed January 24, 2023). The Case–Shiller Home Price Index tracks home prices given a constant level of quality. See S&P Dow Jones Indices, “Real Estate: S&P CoreLogic Case–Shiller Home Price Indices,” https://www.spglobal.com/spdji/en/index-family/indicators/sp- corelogic-case-shiller/sp-corelogic-case-shiller-composite/#overview (accessed January 24, 2023). 17. Federal Reserve Bank of St. Louis, “Real Residential Property Prices for United States (QUSR628BIS),” https:// fred.stlouisfed.org/series/QUSR368BIS (accessed January 24, 2023). 18. Longterm Trends, “Home Price to Income Ratio (US & UK): Home Price to Median Household Income Ratio (US),” https://www.longtermtrends.net/home-price-median-annual-income-ratio/ (accessed January 24, 2023).

Introduction

Moderate61.7%
Pages: 869-871

— 837 — Financial Regulatory Agencies l Require the SEC and the CFTC to publish a detailed annual report on SRO supervision. AUTHOR’S NOTE: The preparation of this chapter was a collective enterprise of individuals involved in the 2025 Presidential Transition Project. All contributors to this chapter are listed at the front of this volume, but Paul Atkins, C. Wallace DeWitt, Christopher Iacovella, Brian Knight, Chelsea Pizzola, and Andrew Vollmer deserve special mention. The author alone assumes responsibility for the content of this chapter, and no views expressed herein should be attributed to any other individual. CONSUMER FINANCIAL PROTECTION BUREAU Robert Bowes The Consumer Financial Protection Bureau (CFPB) was authorized in 2010 by the Dodd–Frank Act.32 Since the Bureau’s inception, its status as an “inde- pendent” agency with no congressional oversight has been questioned in multiple court cases, and the agency has been assailed by critics33 as a shakedown mecha- nism to provide unaccountable funding to leftist nonprofits politically aligned with those who spearheaded its creation. In 2015, for example, Investor’s Business Daily accused the CFPB of “diverting potentially millions of dollars in settlement payments for alleged victims of lending bias to a slush fund for poverty groups tied to the Democratic Party” and plan- ning “to create a so-called Civil Penalty Fund from its own shakedown operations targeting financial institutions” that would use “ramped-up (and trumped-up) anti-discrimination lawsuits and investigations” to “bankroll some 60 liberal non- profits, many of whom are radical Acorn-style pressure groups.”34 The CFPB has a fiscal year (FY) 2023 budget of $653.2 million35 and 1,635 full- time equivalent (FTE) employees.36 From FY 2012 through FY 2020, it imposed approximately $1.25 billion in civil money penalties;37 in FY 2022, it imposed approximately $172.5 million in civil money penalties.38 These penalties are imposed by the CFPB Civil Penalty Fund, described as “a victims relief fund, into which the CFPB deposits civil penalties it collects in judicial and administrative actions under Federal consumer financial laws.”39 The CFPB is headed by a single Director who is appointed by the President to a five-year term.40 Its organizational structure includes five divisions: Operations; Consumer Education and External Affairs; Legal; Supervision, Enforcement and Fair Lending; and Research, Monitoring and Regulations.41 Each of these divisions reports to the Office of the Director, except for the Operations Division, which reports to the Deputy Director. Passage of Title X of Dodd–Frank was a bid to placate concern over a series of regulatory failures identified in the wake of the 2008 financial crisis. The law imported a new superstructure of federal regulation over consumer finance and — 838 — Mandate for Leadership: The Conservative Promise mortgage lending and servicing industries traditionally regulated by state bank- ing regulators. Consumer protection responsibilities previously handled by the Office of the Comptroller of the Currency, Office of Thrift Supervision, Federal Deposit Insurance Corporation, Federal Reserve, National Credit Union Admin- istration, and Federal Trade Commission were transferred to and consolidated in the CFPB, which issues rules, orders, and guidance to implement federal consumer financial law. The CFPB collects fines from the private sector that are put into the Civil Pen- alty Fund.42 The fund serves two ostensible purposes: to compensate the victims whom the CFPB perceives to be harmed and to underwrite “consumer education” and “financial literacy” programs.43 How the Civil Penalty Fund is spent is at the discretion of the CFPB Director. The CFPB has been unclear as to how it decides what “consumer education” or “financial literacy programs” to fund.44 As noted, critics have charged that money from the Civil Penalty Fund has ended up in the pockets of leftist activist organizations. In Seila Law LLC v. Consumer Financial Protection Bureau,45 the Supreme Court of the United States held that the CFPB’s leadership by a single individual remov- able only for inefficiency, neglect, or malfeasance violated constitutional separation of powers requirements because “[t]he Constitution requires that such officials remain dependent on the President, who in turn is accountable to the people.”46 The CFPB Director is thus subject to removal by the President. The CFPB is not subject to congressional oversight, and its funding is not determined by elected lawmakers in Congress as part of the typical congressional appropriations process. It receives its funding from the Federal Reserve, which is itself funded outside the appropriations process through bank assessments. CFPB funding represents 12 percent of the total operating expenses of the Fed- eral Reserve and is disbursed by the unelected Board of Governors of the Federal Reserve System.47 This is not the case with respect to any other federal agency. On October 19, 2022, in Community Financial Services Association of America v. Consumer Financial Protection Bureau, the U.S. Court of Appeals for the Fifth Circuit held that the CFPB’s “perpetual insulation from Congress’s appropriations power, including the express exemption from congressional review of its funding, renders the Bureau ‘no longer dependent and, as a result, no longer accountable’ to Congress and, ultimately, to the people”48 and that “[b]y abandoning its ‘most complete and effectual’ check on ‘the overgrown prerogatives of the other branches of the government’—indeed, by enabling them in the Bureau’s case—Congress ran afoul of the separation of powers embodied in the Appropriations Clause.”49 The Court further remarked that the CFPB’s “capacious portfolio of authority acts ‘as a mini legislature, prosecutor, and court, responsible for creating substantive rules for a wide swath of industries, prosecuting violations, and levying knee-buckling penalties against private citizens.’”50

Introduction

Moderate60.3%
Pages: 872-874

— 839 — Financial Regulatory Agencies On February 27, 2023, the Supreme Court granted the petition for a writ of certiorari.51 The Court should issue its final decision by 2024. The CFPB is a highly politicized, damaging, and utterly unaccountable federal agency.52 It is unconstitutional. Congress should abolish the CFPB and reverse Dodd–Frank Section 1061, thus returning the consumer protection function of the CFPB to banking regulators53 and the Federal Trade Commission. Provided the Supreme Court affirms the Fifth Circuit holding in Community Financial Ser- vices Association of America, the next conservative President should order the immediate dissolution of the agency—pull down its prior rules, regulations and guidance, return its staff to their prior agencies and its building to the General Services Administration. Until this can be accomplished, however, Congress should: l Ensure that any civil penalty funds not used to recompense wronged consumers go to the Department of the Treasury. The funds should not be retained by the Bureau to be dispensed at the pleasure of the Director— potentially to political actors. Moreover, the CFPB should not have a financial incentive to impose penalties. l Repeal Dodd–Frank Section 1071. This section, which relates to small- business data collection, imposes requirements on financial institutions’ lending to small firms, raises costs, and limits small businesses’ access to capital.54 l Require that no CFPB funds are spent on enforcement actions that are not based on a rulemaking that complies with the Administrative Procedure Act.55 l Require that respondents in administrative actions be allowed to elect whether an adjudication occurs in an administrative law court or an ordinary Article III federal court.56 l Specify the nature of “deceptive, unfair, and abusive” practices to define the scope of the CFPB mission more precisely.

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Policy matches are calculated using semantic similarity between bill summaries and Project 2025 policy text. A score of 60% or higher indicates meaningful thematic overlap. This does not imply direct causation or intent, but highlights areas where legislation aligns with Project 2025 policy objectives.

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