FAIR Exams Act

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Bill ID: 119/hr/940
Last Updated: July 16, 2026

Sponsored by

Rep. Hill, J. French [R-AR-2]

ID: H001072

Follow the money

The bill

FAIR Exams Act

HR. 940, 119th Congress — read as touching Commercial Banks.

The sponsor

Rep. Hill, J. French [R-AR-2]

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

The money

$133,000 raised

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

The alignment

70% match to Project 2025

This bill's text tracks the "Trade" section, p. 863-865 of the Mandate for Leadership.

Bill's Journey to Becoming a Law

Track this bill's progress through the legislative process

Latest Action

Placed on the Union Calendar, Calendar No. 176.

July 24, 2025

Introduced

📍 Current Status

Next: The bill will be reviewed by relevant committees who will debate, amend, and vote on it.

🏛️

Committee Review

🗳️

Floor Action

✅

Passed House

🏛️

Senate Review

🎉

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

Another masterpiece of legislative theater, brought to you by the esteemed members of Congress. The FAIR Exams Act, a bill so cleverly crafted that it's almost as if they're trying to make me roll my eyes out of their sockets.

**Main Purpose & Objectives:** The main purpose of this bill is to "improve" the examination process for depository institutions, because apparently, the current system is just too darn slow and opaque. The objectives are twofold: (1) to establish timelines for examinations and examination reports, and (2) to provide clarity on regulatory guidance.

**Key Provisions & Changes to Existing Law:** The bill amends the Federal Financial Institutions Examination Council Act of 1978 by adding two new sections:

* Section 1012 establishes a 270-day deadline for completing examinations, with provisions for extensions. It also requires final examination reports to be provided within 90 days after the exit interview or receipt of additional material information. * Section 1013 sets forth procedures for financial institutions to request written determinations from regulatory agencies on various matters, including permission to conduct certain activities or interpretations of laws and regulations.

**Affected Parties & Stakeholders:** The usual suspects are affected by this bill:

* Depository institutions (banks, thrifts, etc.) * Federal financial institutions regulatory agencies * Financial institution regulators

**Potential Impact & Implications:** Now, let's get to the good stuff. This bill is a perfect example of "regulatory capture" – where industries lobby for regulations that benefit themselves, while pretending to be concerned about the public interest.

The real purpose of this bill is to give banks and other financial institutions more control over the examination process, allowing them to delay or manipulate the outcome of examinations. The timelines established in Section 1012 are laughably long, giving institutions ample time to cook their books or hide any wrongdoing.

Section 1013 is a masterclass in regulatory obfuscation. By requiring written determinations from agencies, financial institutions can create a paper trail that will inevitably lead to more litigation and bureaucratic red tape.

In short, this bill is a gift to the banking industry, wrapped in a veneer of "transparency" and "accountability." It's a perfect example of how Congress can take a simple problem (inefficient examination processes) and turn it into a complex, industry-friendly solution that benefits no one but the special interests.

Diagnosis: This bill is suffering from a severe case of "Regulatory Capture-itis," a disease characterized by an excessive influence of special interest groups on regulatory policy. Treatment involves a healthy dose of skepticism, a strong stomach for bureaucratic nonsense, and a willingness to call out politicians on their blatant attempts to serve their corporate masters.

Prognosis: Poor. This bill will likely pass with flying colors, as Congress continues to prioritize the interests of its corporate donors over those of the American people.

Related Topics

Congressional Rules & ProceduresFederal Budget & Appropriations
Generated using Llama 3.1 70B (Dr. Haus personality)

💰 Campaign Finance Network

Rep. Hill, J. French [R-AR-2]

Congress 119 • 2024 Election Cycle

Total Contributions
$133,000
21 donors
PACs
$0
Organizations
$1,000
Committees
$0
Individuals
$132,000

No PAC contributions found

1
THE ROYER LAW FIRM PLLC
1 transaction
$1,000

No committee contributions found

1
BRADBURY, CHARLOTTE S. MRS.
1 transaction
$6,600
2
BRADBURY, CURT MR. JR.
1 transaction
$6,600
3
KEITH, STEVEN M. MR.
1 transaction
$6,600
4
KNAPPLE, WHITFIELD L. DR.
1 transaction
$6,600
5
PFAUTCH, ROY MR.
1 transaction
$6,600
6
QUINTILIAN, DENNIS
1 transaction
$6,600
7
QUINTILIAN, DORIS
1 transaction
$6,600
8
RUTLEDGE, REYNIE MR.
1 transaction
$6,600
9
SCHWARZMAN, STEPHEN A. MR.
1 transaction
$6,600
10
DORRELL, MICHAEL
1 transaction
$6,600
11
SCHUECK, PATRICK T. MR.
1 transaction
$6,600
12
FISHER, KENNETH MR.
1 transaction
$6,600
13
FISHER, SHERRILYN MRS.
1 transaction
$6,600
14
ALLEN, MARY
1 transaction
$6,600
15
DALY, JUSTIN MR.
1 transaction
$6,600
16
ROWAN, CAROLYN MS.
1 transaction
$6,600
17
ROWAN, MARC MR.
1 transaction
$6,600
18
SNIDER, TED MR. JR.
1 transaction
$6,600
19
SCHWAB, CHARLES MR.
1 transaction
$6,600
20
ANTHONY, JOHN E. MR.
1 transaction
$6,600

Cosponsors & Their Campaign Finance

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

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 VACATIONS • PRESIDENT
IndividualLEHIGHTON, PA
$6,600
Mar 25, 2024
4
PEYKOFF, ANDY
NIAGARA BOTTLING, LLC • CEO
IndividualLAS VEGAS, NV
$6,600
Mar 22, 2024
5
DOWD, JOHN J
SUNDANCE VACATIONS • PRESIDENT
IndividualLEHIGHTON, PA
$6,600
Sep 18, 2024
6
ROWAN, MARC J
APOLLO MANAGEMENT • MANAGEMENT
IndividualGREENWICH, CT
$6,600
Aug 23, 2023
7
ROWAN, CAROLYN
CAROLYN ROWAN COLLECTION • OWNER
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
SELF • HOMEMAKER
IndividualWAVERLY TOWNSHIP, PA
$5,800
May 31, 2023
10
VOLPE, CHARLES J
EXCALIBUR INSURANCE MGMT • PRESIDENT
IndividualWAVERLY TOWNSHIP, PA
$5,800
May 31, 2023

Rep. Wagner, Ann [R-MO-2]

ID: W000812

Top Contributors

10

1
OTOE MISSOURIA TRIBE
OrganizationRED ROCK, OK
$3,300
Aug 23, 2023
2
DEMOCRACY ENGINE, INC., PAC
OrganizationWASHINGTON, DC
$2,000
Jul 14, 2023
3
DEMOCRACY ENGINE, INC., PAC
OrganizationWASHINGTON, DC
$500
Mar 15, 2023
4
WINRED
OrganizationARLINGTON, VA
$9
May 9, 2024
5
WILHELM, MARK A MR.
SAFETY NATIONAL CASUALTY CORP. • CHAIRMAN & CEO
IndividualSAINT LOUIS, MO
$13,200
Dec 18, 2023
6
DRURY, TIM M.
DRURY DEVELOPMENT • PRESIDENT
IndividualSAINT LOUIS, MO
$13,200
Feb 27, 2023
7
DANFORTH, JOHN C
DOWD BENNETT LLP • ATTORNEY
IndividualSAINT LOUIS, MO
$13,200
Feb 17, 2023
8
TRACY, RICHARD L. MR.
DOT FOODS, INC. • PRESIDENT
IndividualDES PERES, MO
$13,200
Feb 17, 2023
9
RINEY, RODGER O. MR.
T.D. AMERITRADE • ADVISOR TO CEO
IndividualSAINT LOUIS, MO
$13,200
Mar 23, 2023
10
O'CONNELL, JOHN T.
RETIRED • RETIRED
IndividualSAINT LOUIS, MO
$13,200
Mar 15, 2023

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 FOUNDATION • EXECUTIVE DIRECTOR
IndividualADA, MI
$75,000
Mar 29, 2024
10
VAN ANDEL, STEPHEN
AMWAY • CHAIRMAN
IndividualADA, MI
$75,000
Mar 29, 2024

Rep. Timmons, William R. [R-SC-4]

ID: T000480

Top Contributors

10

1
OTOE MISSOURIA TRIBE
OrganizationRED ROCK, OK
$3,300
Sep 17, 2024
2
CATAWBA INDIAN NATION
OrganizationROCK HILL, SC
$2,000
May 7, 2024
3
CHEVES, WALLACE
SELF • DEVELOPER
IndividualLAS VEGAS, NV
$3,300
Sep 7, 2023
4
BURGAMY, LARRY G. JR.
LINCOLN ENERGY • BUSINESS OWNER
IndividualGREENVILLE, SC
$3,300
Oct 31, 2023
5
HODGES, MICHAEL LYNN
ADVANCE FINANCIAL • PRESIDENT
IndividualNASHVILLE, TN
$3,300
Feb 13, 2024
6
CARROLL, WILLIAM
IPS PACKING • BUSINESSMAN
IndividualGREER, SC
$3,300
Mar 31, 2024
7
FLOYD, KAREN K
SELF • CEO/PUBLISHER
IndividualSPARTANBURG, SC
$3,300
Mar 31, 2024
8
ADAMS, C. DAN
CAPITAL CORP • INVESTMENT BANKER
IndividualGREENVILLE, SC
$3,300
Feb 13, 2024
9
RODRIGUEZ, RAUL
CREI HOLDINGS • CEO
IndividualMIAMI, FL
$3,300
Mar 26, 2024
10
MILLEGAN, BRANTLY
SELF EMPLOYED • TECHNOLOGY
IndividualSIMPSONVILLE, SC
$3,300
Mar 13, 2024

Rep. Moore, Tim [R-NC-14]

ID: M001236

Top Contributors

10

1
HUCKABEE, BOBBY
SOUTHLAND • ENTREPRENEUR
IndividualWRIGHTSVILLE BEACH, NC
$6,600
Apr 26, 2024
2
HUCKABEE, BOBBY
IndividualWRIGHTSVILLE BEACH, NC
$6,600
Jun 26, 2024
3
WORDSWORTH, ELAINE
CPFRM • EXECUTIVE
IndividualNASHVILLE, NC
$6,400
Dec 31, 2023
4
WORDSWORTH, ELAINE
IndividualNASHVILLE, NC
$6,400
Dec 31, 2023
5
KELLER, OSCAR A III
SELF EMPLOYED • REAL ESTATE DEVELOPER
IndividualSANFORD, NC
$5,000
Apr 23, 2024
6
KELLER, OSCAR A III
IndividualSANFORD, NC
$5,000
Jun 23, 2024
7
PARRISH, RODDRICK DOYLE
SUMMIT HOSPITALITY • PRESIDENT
IndividualRALEIGH, NC
$4,400
Sep 30, 2024
8
PARRISH, RODDRICK DOYLE
IndividualRALEIGH, NC
$4,400
Sep 30, 2024
9
BELL, III, JAMES
BELLLEGAL GROUP • ATTORNEY
IndividualGEORGETOWN, SC
$3,300
Nov 4, 2024
10
BEAM, DREW
BROAD RIVER HOLDINGS • REAL ESTATE
IndividualSHELBY, NC
$3,300
Nov 5, 2024

Rep. Williams, Roger [R-TX-25]

ID: W000816

Top Contributors

10

1
POARCH BANK OF CREEK INDIANS
OrganizationATMORE, AL
$3,300
Dec 2, 2024
2
FORD, GERALD J. MR.
DIAMOND-A CORPORATION • BANKER
IndividualDALLAS, TX
$6,600
Jan 10, 2024
3
PRINCE, ZAN MRS.
SELF EMPLOYED • INSURANCE AGENT
IndividualWEATHERFORD, TX
$6,600
Mar 30, 2023
4
WOODARD, DONALD M. MR. JR.
WESTERN COMMERCE GROUP • FINANCE
IndividualFORT WORTH, TX
$6,600
Mar 5, 2024
5
CARVALHO, ANNE MARIE MRS.
RETIRED • RETIRED
IndividualFORT WORTH, TX
$6,600
May 5, 2023
6
ROWAN, CAROLYN
SELF EMPLOYED • FASHION DESIGNER
IndividualNEW YORK, NY
$6,600
Apr 19, 2023
7
ROWAN, MARC
APOLLO GLOBAL MANAGEMENT • CHIEF EXECUTIVE OFFICER
IndividualNEW YORK, NY
$6,600
Apr 19, 2023
8
DUNIGAN, MIKE MR.
MIKE DUNIGAN RARE COINS • OWNER
IndividualFORT WORTH, TX
$6,000
Mar 5, 2024
9
LOWRANCE, DAN E. MR.
RETIRED • RETIRED
IndividualFORT WORTH, TX
$5,000
Oct 31, 2023
10
NICHOLS, THOMAS B. MR.
U.S. POLYCO • PRESIDENT
IndividualSPARKS, NV
$5,000
Feb 10, 2023

Rep. Haridopolos, Mike [R-FL-8]

ID: H001099

Top Contributors

10

1
JARNES, LARRY
NORTHBORO BUILDERS INC • BUILDER
IndividualMELBOURNE, FL
$9,900
May 20, 2024
2
FARINELLA, NICK
SELF-EMPLOYED • REALTOR
IndividualMELBOURNE, FL
$3,518
May 6, 2024
3
HILL, KEVIN
RE/MAX ALTERNATIVE • REALTOR
IndividualINDIAN HARBOUR BEA, FL
$3,518
May 6, 2024
4
MOLLEN, JACK
RETIRED • RETIRED
IndividualMELBOURNE, FL
$3,518
May 17, 2024
5
SHOULDERS, KATHY
RETIRED • RETIRED
IndividualINDIAN HARBOUR BEA, FL
$3,518
May 21, 2024
6
SHOULDERS, WILLIAM
HANDEX CONSULTING REMEDIATION • EXECUTIVE
IndividualINDIAN HARBOUR BEA, FL
$3,518
Apr 30, 2024
7
BERRY, JAMES
DELTA AIR LINES • PILOT
IndividualMELBOURNE, FL
$3,435
Sep 10, 2024
8
DANDRIDGE, STEPHANIE
SOTHEBYS • REALTOR
IndividualINDIALANTIC, FL
$3,435
Sep 19, 2024
9
FLACHS, BRUCE
PRESCIENT NATIONAL • INSURANCE
IndividualVERO BEACH, FL
$3,435
Sep 4, 2024
10
MARUMOTO, ALAN K.
UNIVERSITY CENTER IMAGING • PHYSICIAN
IndividualINDIALANTIC, FL
$3,435
Sep 13, 2024

Rep. Sessions, Pete [R-TX-17]

ID: S000250

Top Contributors

10

1
POARCH BAND OF CREEK INDIANS
OrganizationATMORE, AL
$5,000
May 16, 2024
2
POARCH BAND OF CREEK INDIANS
OrganizationATMORE, AL
$5,000
Sep 12, 2023
3
POARCH BAND OF CREEK INDIANS
OrganizationATMORE, AL
$3,300
Jun 17, 2024
4
POARCH BAND OF CREEK INDIANS
OrganizationATMORE, AL
$3,300
May 24, 2023
5
ALABAMA-COUSHATTA TRIBE
OrganizationLIVINGSTON, TX
$1,000
Sep 30, 2024
6
HOWARD, RONALD VANCE
BANKERS LIFE • MANAGEMENT
IndividualHUNTSVILLE, TX
$5,000
Mar 13, 2023
7
HOWARD, KAREN
ELEMENTS MASSAGE • MANAGEMENT
IndividualHUNTSVILLE, TX
$5,000
Mar 13, 2023
8
SINGH, PRITPAL
BETA SOFT SYSTEMS • MANAGEMENT
IndividualFREMONT, CA
$5,000
Jun 23, 2023
9
KAUR, MANJIT
SINGH SEMICONDUCTORS & SYSTEMS • MANAGEMENT
IndividualFREMONT, CA
$5,000
Jun 23, 2023
10
BEHRINGER, TODD
THE BEHRINGER GROUP, LLC • CONSTRUCTION
IndividualWOODWAY, TX
$3,400
Sep 1, 2023

Rep. Scott, David [D-GA-13]

ID: S001157

Top Contributors

10

1
RAYMAN, STEVEN
BIG ROCK EQUITIES • FOUNDER
IndividualBIG ROCK, IL
$3,300
Oct 21, 2024
2
GLUSTROM, ROBERT
SELF-EMPLOYED • INVESTOR
IndividualATLANTA, GA
$3,300
Dec 29, 2023
3
DUFFY, TERRENCE A.
CME GROUP • CHAIRMAN AND CEO
IndividualCHICAGO, IL
$3,300
Feb 6, 2023
4
HESSERT, BILL
SELF-EMPLOYED • ENTREPENEUR
IndividualMIAMI, FL
$3,300
Jul 24, 2023
5
STEPHENS, JOHN D
JDS HOLDINGS LLC • OWNER
IndividualDULUTH, GA
$3,300
May 13, 2024
6
TAYLOR, KAT
OFFICE OF KAT TAYLOR • PRINCIPAL
IndividualREDWOOD CITY, CA
$3,300
Oct 9, 2024
7
VECCHIARELLI, DANIEL
LEPRINO FOODS • CHAIRMAN
IndividualDENVER, CO
$2,500
Oct 29, 2024
8
RUSSELL, RANDALL M.
THE RUSSELL GROUP • LOBBYIST
IndividualMCLEAN, VA
$2,000
Aug 1, 2023
9
SU, NIEN
ARTEMIS ESG, INC. • CONSULTANT
IndividualCLEVELAND, OH
$2,000
Sep 13, 2023
10
HAYDEL, VICTOR L.
755 RESTAURANT CO. • MANAGEMENT
IndividualCOLLEGE PARK, GA
$2,000
Sep 30, 2024

Rep. Fields, Cleo [D-LA-6]

ID: F000110

Top Contributors

10

1
TUNICA-BILOXI TRIBE OF LA
OrganizationMARKSVILLE, LA
$5,000
Aug 27, 2024
2
WARD, AJ
NOT EMPLOYED • NOT EMPLOYED
IndividualWESTWEGO, LA
$6,600
Aug 19, 2024
3
AGRESTI, JOE
DREAM MOTOR GROUP • CEO
IndividualSPRING, TX
$6,600
Aug 23, 2024
4
MURPHY, PEYTON
MURPHY LAW FIRM • ATTORNEY
IndividualBATON ROUGE, LA
$6,600
Aug 27, 2024
5
LEFEBVRE, DALE
ANVIL 1, LLC • CHARIMAN
IndividualST THOMAS, VI
$6,600
Oct 22, 2024
6
BONTON, LAMIESA
NOT EMPLOYED • NOT EMPLOYED
IndividualBATON ROUGE, LA
$5,000
Aug 27, 2024
7
PRICE, TEDDY
RED RIVER BANK • BOARD MEMBER
IndividualWINNFIELD, LA
$5,000
Aug 15, 2024
8
ALVENDIA, RODERICK
ALVENDIA, KELLY, AND DEMAREST LLC • OWNER
IndividualNEW ORLEANS, LA
$5,000
Oct 28, 2024
9
DUPRE, REGGIE
NOT EMPLOYED • NOT EMPLOYED
IndividualLAFAYETTE, LA
$3,500
Oct 17, 2024
10
DA SILVA, EMILY
THE PICARD GROUP • GOVERNMENT RELATIONS
IndividualARLINGTON, VA
$3,300
Jul 22, 2024

Donor Network - Rep. Hill, J. French [R-AR-2]

PACs
Organizations
Individuals
Politicians

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

Loading...

Showing 57 nodes and 36 connections (42 secondary connections hidden)

Total contributions: $182,400

Top Donors - Rep. Hill, J. French [R-AR-2]

Showing top 21 donors by contribution amount

1 Org20 Individuals

Industry Impact

Which industries are materially affected by specific provisions in this bill. 2 helped.

  • +Commercial Banksconfidence 0.90

    The bill amends the Federal Financial Institutions Examination Council Act to improve examination timeliness and provide independent review of supervisory determinations, which benefits depository institutions including commercial banks by reducing regulatory burden and increasing procedural fairness. Sections 2-5 establish timelines for examinations, reports, and guidance, and create an Office of Independent Examination Review to oversee appeals, directly aiding banks.

  • The bill includes the Bureau of Consumer Financial Protection within the definition of 'Federal financial institutions regulatory agencies' for purposes of sections 1012-1015 (see Section 6(c)(1)(A)(B)), extending the timeliness and independent review provisions to institutions under its oversight, which includes certain insurance-related financial products and entities, thus providing a benefit to the insurance industry.

Who funds the sponsor on these industries

For each industry this bill affects, here's what the sponsor (Rep. Hill, J. French [R-AR-2])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 22 contributions
    • SCHARF, CHARLES$8,300
    • LEOPOLD, ROBIN$3,300
    • DIMON, JAMIE$3,300
    • HEITSENRETHER, TERESA$3,300
    • HRANICKY, KYLE$2,900
  • from 16 contributions
    • DESANTO, CRAIG$3,300
    • HEYMAN, WILLIAM MR.$3,300
    • BALL, AARON$3,300
    • KARAOGLAN, ALAIN$3,300
    • MADGETT, MARK$3,300

Project 2025 Policy Matches

This bill shows semantic similarity to the following sections of the Project 2025 policy document.AI-enhanced analysis provides detailed alignment ratings.

Trade

Moderate
Vector: 63%
Pages: 863-865AI Enhanced

AI Analysis:

"Both HR 940 and the Project 2025 trade section seek to improve regulatory efficiency and reduce burden on regulated entities, though HR 940 focuses on bank examinations while Project 2025 targets SEC securities rules and capital market reforms."

Key themes:regulatory burden reductionprocess efficiencytransparencyfederal financial regulators

— 831 — Financial Regulatory Agencies l Either democratize access to private offerings by broadening the definition of accredited investor for purposes of Regulation D or eliminate the accredited investor restriction altogether.15 l Allow traditional self-certification of accredited investor status for all Regulation D Rule 506 offerings. l Exempt small micro-offerings from registration requirements.16 l Exempt small and intermittent finders from broker–dealer registration requirements and provide a simplified registration process for private placement brokers.17 l Exempt peer-to-peer lending from federal and state securities laws and reduce the regulatory burden on Regulation CF debt securities. l Make the Title I Emerging Growth Company (EGC) exemptions permanent for all EGCs. l Reduce the regulatory burden on small broker–dealers and exempt privately held, non-custodial broker–dealers from the requirements to use a PCAOB- registered firm for their audits. Congress should: l Amend the Internal Revenue Code to disregard crowdfunding and Regulation A shareholders for purposes of the 100-shareholder limit for Subchapter S corporations.18 BETTER CAPITAL MARKETS To improve capital markets, the SEC should: l Preempt blue sky registration, qualification, and continuing reporting requirements for securities traded on established securities markets (including a national securities exchange or an alternative trading system).19 l Terminate the Consolidated Audit Trail (CAT) program.20 l Abolish Rule 144 and other regulations that restrict securities resales and instead require a company that has sold securities to provide sufficient current informa- tion to the market to permit reasonable investment decisions and secondary sales. — 832 — Mandate for Leadership: The Conservative Promise Congress should: l Prohibit the SEC from requiring issuer disclosure of social, ideological, political, or “human capital” information that is not material to investors’ financial, economic, or pecuniary risks or returns. The proposed SEC climate change rule, which would quadruple the costs of being a public company, is particularly problematic.21 l Repeal the Dodd–Frank mandated disclosures relating to conflict minerals, mine safety, resource extraction, and CEO pay ratios.22 l Oppose efforts to redefine the purpose of business in the name of social justice; corporate social responsibility (CSR); stakeholder theory; environmental, social, and governance (ESG) criteria; socially responsible investing (SRI); sustainability; diversity; business ethics; or common- good capitalism. l Prohibit securities regulators, including SROs, from promulgating rules or taking other actions that discriminate, either favorably or unfavorably, on the basis of the race, color, religion, sex, or national origin of such individual or group. SEC ADMINISTRATION To enable it to achieve its core mission more effectively, the SEC should:23 l Publish better data on securities offerings, securities markets, and securities law enforcement and publish an annual data book of time series data on these matters. Specifically, the SEC Division of Economic and Risk Analysis (DERA) needs to do a much better job of collecting and reporting fundamental data regarding offerings, regulatory costs, violations, enforcement, investors, state regulator taxes, fees and activities, and other matters. l Ensure that SEC resources flow toward its core functions and away from ancillary and support functions or from missions that do not fall within the SEC’s statutory charge. l Ensure that any three SEC Commissioners are empowered to place an item on the agenda and to receive adequate staff support to do so even without the Chairman’s support.

Financial Regulatory Agencies

Moderate
Vector: 61%
Pages: 866-868AI Enhanced

AI Analysis:

"Both HR 940 and the Project 2025 financial regulatory section aim to improve regulatory efficiency and transparency, though HR 940 targets bank examination timelines while Project 2025 focuses on SEC enforcement reforms, IT oversight, and organizational streamlining."

Key themes:regulatory efficiencytransparencyprocess streamliningreducing regulatory burdenaccountability

— 833 — Financial Regulatory Agencies l Eliminate all administrative proceedings (APs) within the SEC except for stop orders related to defective registration statements. The SEC enforcement system does not need to have both district court cases and APs. Alternatively, respondents should be allowed to elect whether an adjudication occurs in the SEC’s administrative law court or an ordinary Article III federal court.24 l End the practice of delegating the decision to initiate an enforcement case. The SEC Chairman—and possibly the U.S. Government Accountability Office (GAO)—should study whether other Commission delegation of authority to staff should be narrowed and whether sunsetting of such delegation of authority should be required. Congress should: l Require an Inspector General’s (or possibly a GAO) report regarding SEC information technology spending and contracting. Spending appears to be much too high, and IT contracting is poorly managed. l Statutorily limit the time for an investigation to two years with no extensions. Long investigations harm private parties and the quality of justice. With adequate management processes, the SEC should not need more than two years even for complicated matters. The SEC Chairman should: l Dramatically reduce the number of direct reports to the SEC Chairman. l Merge SEC offices that are performing similar functions. l Reduce the number of managers per employee. CFTC ADMINISTRATION AND IMPROVED COMMODITIES AND DERIVATIVES MARKETS Congress should: l Modernize the definition of commodity (which is now largely a laundry list of agricultural commodities)25 and clarify the treatment of digital assets. l Clarify through an express amendment to the Commodity Exchange Act (CEA)26 the circumstances that require a foreign swap trading platform to

Financial Regulatory Agencies

Weak
Vector: 63%
Pages: 872-874AI Enhanced

AI Analysis:

"HR 940 aims to improve the timeliness and transparency of bank examinations across all federal financial regulators, while the Project 2025 section focuses on abolishing or severely limiting the CFPB and rolling back specific Dodd‑Frank provisions. The bill does not address those goals, resulting only a tangential connection through general regulatory efficiency."

Key themes:regulatory efficiencyexamination processfinancial oversight

— 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. — 840 — Mandate for Leadership: The Conservative Promise ENDNOTES 1. H.R. 5480, Securities Act of 1933, Public Law No. 73-22, 73rd Congress, May 27, 1933, https://govtrackus. s3.amazonaws.com/legislink/pdf/stat/48/STATUTE-48-Pg74.pdf (accessed February 20, 2023). 2. H.R. 9323, Securities Exchange Act of 1934, Public Law No. 73-291, 73rd Congress, June 6, 1934, https:// govtrackus.s3.amazonaws.com/legislink/pdf/stat/48/STATUTE-48-Pg881a.pdf (accessed February 20, 2023). 3. Mark T. Uyeda, Commissioner, U.S. Securities and Exchange Commission, “Remarks at the 2022 Cato Summit on Financial Regulation,” November 17, 2022, https://www.sec.gov/news/speech/uyeda-remarks- cato-summit-financial-regulation-111722 (accessed February 20, 2023); Hester M. Peirce, Commissioner, U.S. Securities and Exchange Commission, “It’s Not Just Scope 3: Remarks at the American Enterprise Institute,” December 7, 2022, https://www.sec.gov/news/speech/peirce-remarks-american-enterprise-institute-120722 (accessed February 20, 2023); comment letter from David R. Burton to Vanessa A. Countryman, Secretary, Securities and Exchange Commission, “Re: The Enhancement and Standardization of Climate-Related Disclosures for Investors [File No. S7-10-2; Release No. 33-11042; RIN 3235-AM87],” June 17, 2022, https://www. sec.gov/comments/s7-10-22/s71022-20131980-302443.pdf (accessed February 20, 2023). 4. Size would probably be measured best by public float or the number of beneficial owners. 5. See David R. Burton, “Securities Disclosure Reform,” Heritage Foundation Backgrounder No. 3178, February 13, 2017, https://www.heritage.org/sites/default/files/2017-02/BG3178.pdf; David R. Burton, “Offering and Disclosure Reform,” Chapter 11 in Reframing Financial Regulation: Enhancing Stability and Protecting Consumers, ed. Hester Peirce and Benjamin Klutsey (Arlington, VA: Mercatus Center at George Mason University, 2016), pp. 277–315, https://www.mercatus.org/research/books/reframing-financial-regulation (accessed February 20, 2023); Andrew N. Vollmer, “Investor-Friendly Securities Reform to Increase Economic Growth,” Securities Regulation & Law Report, Bloomberg BNA, Vol. 49, June 5, 2017. 6. See, for example, David R. Burton, “Reforming the Securities and Exchange Commission,” Heritage Foundation Backgrounder No. 3378, January 30, 2019, https://www.heritage.org/sites/default/files/2019-01/ BG3378.pdf; Andrew N. Vollmer, “Testimony on Workforce Management Disclosures and Other SEC Issues,” submitted to the Subcommittee on Investor Protection, Entrepreneurship, and Capital Markets, Committee on Financial Services, U.S. House of Representatives, December 6, 2022, https://www.congress.gov/117/ meeting/house/115227/witnesses/HHRG-117-BA16-Wstate-VollmerA-20221208.pdf (accessed February 20, 2023); David R. Burton, “Reforming FINRA,” Heritage Foundation Backgrounder No. 3181, February 1, 2017, https://www.heritage.org/sites/default/files/2017-02/BG3181.pdf; Hester Peirce, “The Financial Industry Regulatory Authority: Not Self-Regulation After All,” Mercatus Center at George Mason University Working Paper, January 2015, https://www.mercatus.org/research/working-papers/financial-industry-regulatory- authority-not-self-regulation-after-all (accessed February 20, 2023); Thaya Brook Knight, “Transparency and Accountability at the SEC and at FINRA,” Chapter 11 in Prosperity Unleashed: Smarter Financial Regulation, ed. Norbert J. Michel, (Washington: The Heritage Foundation, 2017) https://www.heritage.org/sites/default/ files/2017-02/11_ProsperityUnleashed_Chapter11.pdf. 7. Reorganization Plan No. 10 of 1950, U.S. Code Title 5—Appendix, Reorganization Plans, http://uscode.house. gov/view.xhtml?req=granuleid:USC-prelim-title5a-node84-leaf114&num=0&edition=prelim (accessed February 20, 2023). 8. The board or commission should evaluate the regulatory functions of the National Securities Exchanges, Registered Securities Future Product Exchanges, Registered Clearing Agencies (such as the Depository Trust Company (DTC), the National Securities Clearing Corporation (NSCC) and the Options Clearing Corporation (OCC)), the Municipal Securities Rulemaking Board (MSRB) and the National Futures Association (NFA). This board or commission should have a broad composition and permit minority reports. 9. Boyden Gray & Associates, Comments Submitted on Behalf of Alliance for Fair Board Recruitment Concerning the Nasdaq Stock Market LLC; Notice of Filing of Proposed Rule Change to Adopt Listing Rules Related to Board Diversity, Amendment No. 1, File No. SR-NASDAQ-2020-081, April 6, 2021 https://www.sec.gov/ comments/sr-nasdaq-2020-081/srnasdaq2020081-8639478-230941.pdf (accessed February 20, 2023); David R. Burton, “Nasdaq’s Proposed Board-Diversity Rule Is Immoral and Has No Basis in Economics,” Heritage Foundation Backgrounder No. 3591, March 9, 2021, https://www.heritage.org/sites/default/ files/2021-03/BG3591_0.pdf. The SEC is contemplating at least two rules that can be expected to require differential treatment based on race, sex, ethnicity, and so on. See Executive Office of the President, Office

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Policy matches are calculated using a hybrid approach: initial candidates are found using semantic similarity between bill summaries and Project 2025 policy text, then an AI model (Llama 3.1 70B) provides detailed alignment ratings and analysis. Ratings range from 1 (minimal alignment) to 5 (very strong alignment). This analysis does not imply direct causation or intent.

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