Summary of Financial CHOICE Act of 2017 (H.R. 10)
Financial CHOICE Act of 2017 (H.R. 10) - Plain Language Summary
This Act is designed to create hope and opportunity by making significant changes to financial regulations. Its goal is to end government bailouts of big banks ("Too Big to Fail"), hold Wall Street and Washington accountable, reduce excessive rules, and improve economic freedom and access to credit and capital for investors, consumers, and small businesses.
Title I: Ending "Too Big to Fail" and Bank Bailouts
The Act repeals parts of the Dodd-Frank law that created mechanisms for government bailouts and emergency management of big failing banks. It introduces new bankruptcy rules specific to large financial corporations to let them fail in an orderly way without taxpayer help.
Title II: Accountability from Wall Street
This title increases penalties for financial crimes and makes sure they are used to help victims. It also modernizes enforcement to better punish misconduct by insiders and firms.
Title III: Reforming Financial Rulemaking
Agencies must perform thorough cost-benefit analyses before issuing new financial rules, ensure transparency by sharing data behind regulatory decisions, and allow Congress to review and approve major financial rules before they take effect. It also limits how much power agencies have to interpret regulations, insists on judicial review of important agency decisions, and improves oversight of regulators’ budgets and activities.
Title IV: Supporting Small Businesses, Innovators, and Job Creators
This title reduces bureaucratic red tape that hinders small business capital formation, including simplifying mergers and acquisitions, encouraging employee ownership, easing public filing requirements, and expanding definitions that allow more companies to raise capital easily. It improves crowdfunding laws to make it easier and safer for smaller companies to raise money from investors.
Title V: Regulatory Relief for Main Street and Community Financial Institutions
This title provides relief targeted at smaller or community banks and credit unions by adjusting mortgage definitions, relaxing escrow requirements, protecting customers from arbitrary account closures, simplifying reports and exams, and improving transparency of credit unions’ budgets.
Title VI: Relief for Strongly Capitalized, Well-Managed Institutions
Organizations with strong financial health can elect to receive regulatory relief, such as looser capital rules and simplified regulatory reviews, so long as they maintain a certain leverage ratio. The Act includes studies on improving capital rules and prompt corrective actions.
Title VII: Consumer Financial Protection Agency Reforms
The Act turns the Consumer Financial Protection Bureau into an independent agency called the "Consumer Law Enforcement Agency," with clearer limits on its powers, improved economic analysis requirements, elimination of some regulatory units and advisory boards, and protections for consumer privacy and property rights. It also enhances transparency and accountability in rulemaking and enforcement.
Title VIII: Capital Markets Improvements
The Securities and Exchange Commission (SEC) receives increased funding but faces new limits on construction projects. The Act requires better transparency, improved enforcement practices, and stronger protections for companies subject to SEC oversight. It also enhances the quality and independence of credit rating agencies and limits certain government rules that intrude excessively into capital markets.
Title IX: Repealing the Volcker Rule and Related Provisions
The Volcker Rule, which restricts banks from owning or investing in hedge funds and private equity funds, along with related provisions, is repealed to reduce regulatory burdens on banks.
Title X: Federal Reserve System Oversight Reforms
This title increases transparency of the Federal Open Market Committee (FOMC) by requiring public transcripts of meetings, expanding reporting requirements, changing membership appointment procedures, limiting days when Fed officials can communicate about policy, and improving Congressional oversight of Fed policy decisions.
Title XI: Insurance Oversight Reorganization
The Act replaces the Federal Insurance Office with an independent Insurance Advocate within the Treasury Department to represent U.S. policyholder interests. This office coordinates insurance policy and international insurance agreements, while preserving state insurance regulators’ authority.
Title XII: Technical Corrections
Various technical corrections and clarifications to existing financial laws and regulations are made to eliminate inconsistencies, modernize language, and update references to new agency or department names.
Summary
In simple terms, this bill rolls back many parts of the Dodd-Frank Wall Street Reform Act to reduce government intervention in the financial sector. It ends taxpayer-funded bailouts and makes big financial firms face bankruptcy like other businesses would. It holds Wall Street more accountable by increasing penalties and making enforcement more transparent. It requires federal financial regulators to do thorough cost-benefit analyses and submit important rules to Congress for approval.
It also helps small businesses and start-ups by relaxing regulations that make it hard to raise money, simplifies crowdfunding, and eases requirements on community banks and credit unions. Financially strong banks get regulatory relief. The Consumer Financial Protection Bureau becomes an independent agency with reformed powers and greater transparency. Lastly, the bill enhances Fed transparency and creates an independent insurance advocate to improve U.S. insurance oversight and international cooperation.
Overall, the Act aims to promote economic growth, protect taxpayers and consumers, increase regulatory accountability, and restore freedom and fairness in financial markets.