Overview
Title
To amend the Securities Exchange Act of 1934 with respect to reviewable actions taken pursuant to delegated functions of the Securities and Exchange Commission, and for other purposes.
ELI5 AI
The bill wants to change some rules about how a big group called the SEC checks on money-related matters. It’s like saying they should have a better way to double-check their homework and tell their parents how they did it every year.
Summary AI
The bill, H.R. 9477, proposes changes to the Securities Exchange Act of 1934 to enhance oversight of actions taken by the Securities and Exchange Commission (SEC) through its delegated functions. It allows the SEC to have a discretionary right to review such actions and defines what constitutes a "reviewable action." The bill requires that reviewable actions must be approved either by the Chairman or through an agreement among the Commissioners. It also mandates annual reports to Congress on how these decisions are being made, with a focus on transparency and fairness, and tasks the SEC's General Counsel with reporting on all delegated functions.
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AnalysisAI
General Summary of the Bill
The bill, known as the "SEC Regulatory Evaluation, Verification, and Integrity of Effective Workflows Act of 2024" or the "SEC REVIEW Act of 2024," aims to amend the Securities Exchange Act of 1934. The central focus of the bill is to establish a framework for reviewable actions taken by the Securities and Exchange Commission (SEC) when executive functions are delegated within the organization. It outlines procedures that require such actions to be authorized by either the Chairman alone or in agreement with Commissioners, even when meetings are not convened. Additionally, the bill introduces requirements for annual reports that analyze SEC decisions, particularly how they impact investor protection, market fairness, capital formation, and avoid bias. It also mandates reports from the General Counsel concerning delegated functions following changes in leadership or vacancies at the SEC.
Summary of Significant Issues
There are several significant issues pointed out in the bill. One issue is that the term "reviewable action" lacks precise definition, which could lead to inconsistent application. The bill also describes a process for approval that might lack transparency since agreements may be reached without formal meetings. Moreover, the bill discourages detailed reporting that might include interpretations, which could limit the transparency and comprehensiveness of reports. Additionally, there’s no outlined penalty for the General Counsel's non-compliance in reporting, which could undermine accountability. Finally, the title of the act might be seen as insufficiently descriptive of its intent, potentially causing confusion.
Impact on the Public Broadly
The potential impact of this bill on the public is related to its modifications to SEC processes, which could affect the regulation of securities markets. By altering how the SEC manages delegated actions and requiring specific annual reports, there could be either positive impacts through increased oversight or negative ones if these processes prove opaque. Transparency and clarity in rule enforcement and communications from the SEC is important for maintaining trust and confidence in the financial markets, which can influence the broader economy and individual investments.
Impact on Specific Stakeholders
For investors, this bill might offer reassurance by aiming to ensure fair and orderly markets through increased scrutiny of SEC actions. Meanwhile, market participants like financial institutions might experience either benefit or burden depending on how the reporting and approval processes are implemented. If these new measures enhance transparency and predictability, they could lead to a more stable regulatory environment. Conversely, if they produce excessive bureaucratic hurdles, the cost and complexity of compliance could increase.
For the SEC itself, this bill would enforce more stringent reporting and validation requirements, potentially increasing workload but also strengthening its governance integrity and accountability. The leadership within the SEC would have to adjust to new procedural requirements, ensuring that decisions are carefully vetted and reported.
Overall, while the intent of the bill emphasizes improved oversight and accountability, its impact will largely depend on the execution and clarity of the processes it establishes.
Issues
The bill lacks clear guidelines for what constitutes a 'reviewable action,' which could lead to misunderstandings or inconsistent application. This is addressed in Section 2, Reviewable actions.
The process described for the approval of reviewable actions may lack sufficient transparency and accountability, as the agreement between the Chairman and Commissioners can occur without formally convening a meeting. See Section 2, subsection (d).
The bill's amendments might impede comprehensive reporting by prohibiting discussion of how the actions align with Commission interpretations, potentially limiting transparency. Refer to Section 2, subsection (f).
The report required from the General Counsel on delegated functions does not specify consequences for non-compliance, potentially undermining accountability. This is noted in Section 3, Report of general counsel on delegated functions.
The Act's short title, "SEC Regulatory Evaluation, Verification, and Integrity of Effective Workflows Act of 2024," provides little clarity on its objectives, which might create confusion until further details are reviewed. This issue arises in Section 1, Short title.
The obligation for the SEC to produce an annual report with specific analyses lacks clarity on consistent standards, which could lead to variability in the quality and scope of the reporting. See Section 2, subsection (f).
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 this act states the official name, which is the "SEC Regulatory Evaluation, Verification, and Integrity of Effective Workflows Act of 2024," or simply the "SEC REVIEW Act of 2024".
2. Reviewable actions Read Opens in new tab
Summary AI
The amendments to the Securities Exchange Act of 1934 outline new rules for reviewable actions, which include decisions on shareholder proposals and specific regulations. These actions now require approval from the Chairman or the agreement of the Commissioners, and the Commission must annually report on these decisions, focusing on how they protect investors, ensure fair markets, and remain unbiased.
3. Report of general counsel on delegated functions Read Opens in new tab
Summary AI
The General Counsel of the Securities and Exchange Commission must submit a report to Congress within 15 days of the enactment of this Act, and within 30 days of any change in the Chairman's position. The initial report should list all functions delegated by the Commission as of the day before the Act was enacted, while subsequent reports should list functions delegated since the previous report.