Overview

Title

To amend the Financial Stability Act of 2010 to require the Financial Stability Oversight Council to consider alternative approaches before determining that a U.S. nonbank financial company shall be supervised by the Board of Governors of the Federal Reserve System, and for other purposes.

ELI5 AI

The Financial Stability Oversight Council Improvement Act of 2024 wants to make sure that important people who watch over U.S. financial companies think about different ways to keep things safe before making big decisions, and it also wants them to tell everyone about their closed-door meetings by sharing the meeting notes.

Summary AI

The Financial Stability Oversight Council Improvement Act of 2024 aims to change how the Financial Stability Oversight Council operates under the Financial Stability Act of 2010. It requires the Council to explore different options before deciding if a U.S. nonbank financial company needs to be supervised by the Federal Reserve. The bill also mandates regular reports to Congress about threats to financial stability and makes the minutes of closed Council meetings publicly available.

Published

2024-01-17
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-01-17
Package ID: BILLS-118s3601is

Bill Statistics

Size

Sections:
2
Words:
727
Pages:
4
Sentences:
9

Language

Nouns: 197
Verbs: 45
Adjectives: 32
Adverbs: 7
Numbers: 31
Entities: 49

Complexity

Average Token Length:
4.09
Average Sentence Length:
80.78
Token Entropy:
4.67
Readability (ARI):
41.58

AnalysisAI

The proposed legislation, known as the "Financial Stability Oversight Council Improvement Act of 2024," seeks to amend certain aspects of the Financial Stability Act of 2010. Specifically, the bill aims to update the responsibilities and decision-making processes of the Financial Stability Oversight Council (FSOC). The bill addresses the approach of supervising nonbank financial companies and emphasizes consideration of alternative actions before FSOC decides to place any nonbank financial company under the supervision of the Board of Governors of the Federal Reserve System. Additionally, the bill mandates regular reporting to Congress and requires FSOC to publicly release minutes from its closed meetings.

General Summary

This bill introduces critical changes to how the FSOC operates, particularly in its evaluation and decision-making process regarding nonbank financial entities. Key amendments require the FSOC to consult with both the companies in question and their primary financial regulatory agencies before making decisions about supervision. This suggests that the FSOC must explore other potential measures or safeguards and deem them insufficient before moving forward with placing a company under Federal Reserve supervision. Furthermore, the bill calls for regular reporting to Congress to ensure transparency about potential threats to the nation’s financial stability and promotes public access to minutes from FSOC's closed meetings.

Summary of Significant Issues

Several issues emerge from the text of the bill. First, the requirement for FSOC to release detailed minutes after closed meetings raises concerns about exposing sensitive information. This could potentially compromise the confidentiality of discussions among financial regulatory bodies, which could have far-reaching consequences if sensitive strategies or financial vulnerabilities are disclosed.

Furthermore, the process requiring consultation with companies and their relevant regulatory agencies could introduce significant complexity and delays in decision-making. This complexity might hinder FSOC’s ability to react swiftly in instances requiring immediate action to maintain financial stability.

The bill also introduces administrative challenges due to its reports and data collection requirements, which could lead to inefficiencies and increased operational costs for FSOC as they work to comply with the increased regulatory burden.

Impact on the Public

For the general public, the bill underscores a commitment to transparency and careful deliberation in managing financial stability. Ensuring that FSOC explores all viable options before subjecting a firm to Federal Reserve oversight could help in preserving a competitive financial environment and preventing unwarranted regulatory intrusions, which might indirectly help maintain stable financial markets and practices, benefitting the broader economy.

However, this increased focus on consultation and transparency might slow the decision-making process, potentially delaying necessary actions to mitigate financial instability, which could have adverse effects on the economy at large if unchecked threats are not addressed promptly.

Impact on Specific Stakeholders

For financial companies, particularly nonbank financial institutions, the bill provides an opportunity for greater involvement in the decision-making processes that might affect their oversight and regulation. They benefit from a more consultative approach by FSOC, potentially gaining time to adjust policies and practices to meet new standards voluntarily.

On the flip side, regulators and oversight bodies may face increased administrative demands and potential scrutiny regarding the release of detailed meeting minutes. This transparency initiative might deter candid discussions at FSOC meetings if participants fear that sensitive deliberations could be exposed to public view, affecting their operational efficiency and strategic planning.

In summary, while the bill not only emphasizes a transparent and systematic approach to financial oversight, it also introduces challenges that need careful consideration, balancing the need for transparency with the imperative to safeguard sensitive financial discussions and maintain a nimble regulatory response capability.

Issues

  • The requirement in Section 2(b)(3)(P) for the Financial Stability Oversight Council to release detailed minutes after any closed meeting could raise significant concerns regarding the confidentiality and sensitivity of information discussed, potentially exposing sensitive financial or strategic governmental data to the public.

  • Section 2(a)(1)(B), which requires the Financial Stability Oversight Council to consult with a company and its primary financial regulatory agency before voting on supervision matters, could be perceived as overly complex. This complexity may lead to misunderstandings and could delay critical actions needed for financial stability.

  • The proposed amendments in Section 2, specifically Section 2(b)(3)(O), introduce a significant administrative burden by requiring frequent reporting and complex information gathering, which could result in inefficiencies and increased costs for the Council.

  • Section 1, 'Short title', is very brief, and does not provide any details on the content or purpose of the Act, which may lead to ambiguity and misunderstanding of the legislative intent. Without context, stakeholders may not understand what specific improvements the bill is addressing.

  • The complex listing format in Section 2(b)(3)(O) can lead to difficulties in interpretation and potential oversight in compliance, making it challenging to track whether all regulatory and reporting requirements are being adequately met.

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 bill states its official name, which is the “Financial Stability Oversight Council Improvement Act of 2024.”

2. Financial Stability Oversight Council Read Opens in new tab

Summary AI

The Financial Stability Oversight Council's powers and responsibilities are being updated. The changes require the Council to consult with financial companies and their primary regulators before making decisions and to submit regular reports to Congress about potential threats to the financial stability of the United States. Additionally, they must make public the minutes from their closed meetings.