Overview
Title
To improve the consideration by the Securities and Exchange Commission of the costs and benefits of regulations and orders of the Commission.
ELI5 AI
H. R. 8239 is a plan to make sure the people in charge of keeping our money safe, like the SEC, think about how much their rules will help or hurt everyone before they make them. It also checks to make sure the rules aren't too hard to follow and that they keep checking if the rules are working well.
Summary AI
H. R. 8239, titled the “SEC Regulatory Accountability Act,” aims to improve how the Securities and Exchange Commission (SEC) considers the costs and benefits of its regulations and orders. It requires the SEC to evaluate problems, identify market impacts, and assess costs and benefits before proposing regulations. The bill mandates the use of clear language, consideration of alternatives, and ensures the least possible burden on society. Additionally, a post-adoption impact assessment is required for major rules, and it extends similar requirements to other regulatory bodies like the Public Company Accounting Oversight Board and the Municipal Securities Rulemaking Board.
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AnalysisAI
General Summary of the Bill
The proposed legislation, titled the "SEC Regulatory Accountability Act," aims to enhance how the Securities and Exchange Commission (SEC) evaluates the costs and benefits associated with its regulations and orders. Introduced in the House of Representatives, this bill underscores the importance of a more rigorous analytical approach before adopting any new regulation. It mandates the SEC to clearly identify issues, determine the impact on market participants, and conduct comprehensive cost-benefit analyses to ensure that the benefits of any proposed regulation justify its costs. Additionally, the bill requires the SEC to evaluate alternative approaches and involves the Chief Economist to supervise various assessments, including post-adoption evaluations for significant rules.
Summary of Significant Issues
One of the significant issues identified in the bill concerns the potential for added bureaucratic layers, which could slow down the implementation of necessary regulations. Such delays might lead to inefficiencies. Additionally, the complexity of procedural requirements may pose challenges for stakeholders in understanding and complying with new rules, potentially affecting transparency and accessibility, especially for smaller entities and the general public.
The involvement of the Chief Economist, while beneficial for ensuring expert input, could also lead to resource strain and bottlenecks if their capacity is limited. Furthermore, the bill allows for extensions in timelines for reporting impact assessments, which could delay feedback and accountability loops crucial for regulatory effectiveness.
Moreover, the bill’s reference to the "sense of Congress" regarding the Public Company Accounting Oversight Board is non-binding and may lack enforceability, leading to uncertainty about its actual impact.
Public Impact
Broadly, the bill appears to aim for enhanced accountability and transparency in the SEC’s regulatory processes, which is likely to benefit public confidence in financial market oversight. By mandating thorough evaluations of regulations' costs and benefits, the bill endeavors to prevent unnecessary or costly regulations that could burden the economy.
However, the requirement for comprehensive analyses and extensive procedural checks might delay implementing regulations designed to protect investors or respond to market needs swiftly. This delay could pose risks, particularly in rapidly evolving financial markets where timely interventions are crucial.
Impact on Specific Stakeholders
For market participants such as investors, the bill might enhance protection by ensuring that only well-justified regulations are implemented. The focus on cost-benefit analysis could help maintain a balanced approach to regulation, fostering an environment that supports economic growth and market efficiency.
However, smaller businesses and entities might face challenges due to the complexity of compliance with new procedural requirements. The explicit involvement of the Chief Economist might also lead to perceived or real delays in regulatory actions, affecting entities that rely on timely updates.
Regulatory bodies like the Municipal Securities Rulemaking Board and other national securities associations will be directly impacted, as their rules will require SEC confirmation of compliance with the bill’s specified requirements. This could potentially slow down the rule adoption process, impacting their operational efficiency.
In summary, while the bill seeks to promote a more analytical and accountable regulatory framework, it raises concerns about potential delays and complexities in the regulatory process that could affect both general market operations and specific stakeholders like smaller businesses.
Issues
Section 2: The requirement for considering costs and benefits could be seen as an additional bureaucratic layer that might delay the implementation of necessary regulations, potentially leading to inefficiencies. This issue is particularly significant because it addresses the balance between regulatory oversight and the speed of regulatory responses, which affects markets and stakeholders.
Section 2: The complexity of the language in terms of outlining detailed procedural requirements could make it difficult for stakeholders to fully understand and comply with the new rules. This issue is crucial as it impacts the transparency and accessibility of regulatory processes for smaller market participants and the general public.
Section 4: The text does not specify what happens if the SEC finds non-compliance; it leaves open questions about the consequences or necessary subsequent actions. This lack of clarity could lead to uncertainty in enforcement and accountability, which is significant from a legal and regulatory perspective.
Section 2: The explicit involvement of the Chief Economist in the assessment process may lead to increased demand on resources and potential bottlenecks if there is limited availability or capacity. This could delay the regulatory process, which could be politically and financially significant.
Section 2: Some aspects of the post-adoption impact assessment, such as predicting unintended consequences, are inherently uncertain, which may affect how effectively they can be addressed through this procedural requirement. This is significant politically and financially, as it involves risk management and regulatory foresight.
Section 2: The provision allows for the extension of the timeline for submitting impact assessment reports, which could result in delays in reporting and accountability. This issue is significant as it could undermine the timeliness of regulatory feedback loops, affecting stakeholders.
Section 3: The section uses the phrase 'sense of the Congress,' which is non-binding and may lack enforceability, potentially leading to ambiguity regarding its actual impact. This could be significant politically as it affects how seriously the guidance is taken by other regulatory entities.
Section 4: The requirement for the SEC to determine compliance could introduce potential delays or bottlenecks in the rule adoption process, which may not be explicitly addressed in the text. This is significant in terms of regulatory efficiency and effectiveness.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the Act establishes its short title, which is the "SEC Regulatory Accountability Act."
2. Consideration by the Securities and Exchange Commission of the costs and benefits of regulations and certain other agency actions of the Commission Read Opens in new tab
Summary AI
The section details how the Securities and Exchange Commission (SEC) should consider the costs and benefits before issuing new regulations. It outlines the steps the SEC must take, such as evaluating the impact on market participants and ensuring that the benefits of a regulation outweigh its costs, to help make sure their rules are effective and fair.
3. Sense of Congress relating to other regulatory entities Read Opens in new tab
Summary AI
The section conveys Congress's opinion that the Public Company Accounting Oversight Board should comply with specific regulations from the Securities Exchange Act of 1934, as amended by another recent section.
4. Accountability provision relating to other regulatory entities Read Opens in new tab
Summary AI
A rule created by either the Municipal Securities Rulemaking Board or a national securities association won't be valid until the Securities and Exchange Commission confirms that the Board or association followed specific requirements outlined in a section of the Securities Exchange Act of 1934.