Section 5 · Independent Regulatory Agencies
📊Ch. 27 — Financial Regulatory Agencies
SEC / CFPB · 20 tracked
Abolish CFPB; reverse Dodd-Frank §1061; return functions to banking regulators and FTC
Proposed
Mandate calls CFPB unconstitutional and urges Congress to abolish it and reverse Dodd-Frank Section 1061, returning consumer protection to banking regulators and the FTC; if SCOTUS affirms the Fifth Circuit funding holding, the President should immediately dissolve the agency, pull rules, return staff, and return the building to GSA.
End Director discretion to steer Civil Penalty Fund to activist education grantees
Proposed
Mandate recounts critics’ charge that Civil Penalty Fund ‘consumer education’ and ‘financial literacy’ grants become a political slush fund; until abolition, unused penalties should go to Treasury so the Bureau has no financial incentive to impose penalties for activism.
Until abolished: Treasury-bound penalties, repeal §1071, APA-only enforcement, court election, define UDAAP
Proposed
Until abolition, Congress should send unused civil penalties to Treasury (not Director-dispensed programs), repeal Dodd-Frank §1071 small-business lending data rules, bar enforcement not based on APA rulemaking, let respondents choose Article III courts, and specify the meaning of deceptive/unfair/abusive practices.
Modernize CFTC commodity/digital-asset definitions; SEF clarity; Chair removal & commissioner budgets
Proposed
Congress should modernize the commodity definition and digital-asset treatment, clarify when foreign swap platforms must register as SEFs, let the CFTC Chairman remove the Executive Director without a Commission vote, and fund Commissioners’ offices by statute independent of the Chair.
CFTC: delegate position limits to exchanges; ease core principles; unify cross-border definitions
Proposed
CFTC should replace position-limits rules with exchange delegation, reduce overly prescriptive core-principle rules, apply 2020 Cross-Border U.S. Person/Guarantee definitions to 2013 Guidance requirements, and remove affiliate-conduit/foreign-consolidated-subsidiary categories.
FINRA/SRO sunshine, reasoned arbitration, fines to Treasury, cost-benefit and IG oversight
Proposed
Absent merging FINRA into SEC, Mandate demands public FINRA board meetings/agendas/minutes/rule proposals, public arbitrations with reasoned awards subject to SEC/judicial review, SRO fines to Treasury or investor fund (not SRO coffers), cost-benefit analysis, pre-SEC public comment, annual SRO reports to Congress, annual oversight hearings, DFE/IG status for FINRA/MSRB/NFA, and detailed SEC/CFTC annual SRO supervision reports.
Abolish DEI offices at financial regulators and race/sex appointment rules
Proposed
Mandate says offices promoting DEI/racist policies at financial regulators should be abolished and regulations requiring appointments based on race, ethnicity, sex, or sexual orientation eliminated.
Abolish PCAOB and FINRA; merge functions into SEC; study other SROs
Proposed
Mandate calls PCAOB and FINRA ineffective and opaque; Congress should abolish both and merge their regulatory functions into the SEC, and create an independent board to report within 18 months on moving other SRO functions into the SEC.
SEC admin reforms: data book, commissioner agenda power, end APs, end staff case initiation
Proposed
Mandate’s SEC administration agenda includes a DERA annual data book, shifting resources to core functions, empowering any three Commissioners to force agenda items, eliminating administrative proceedings (or giving respondents Article III election), and ending delegation of enforcement-case initiation to staff.
Congress: ban SEC climate/ESG/human-capital and Dodd-Frank social disclosures
Proposed
Mandate urges Congress to prohibit SEC from requiring social/ideological/political/human-capital disclosure not material to financial returns (calling out climate rule), repeal Dodd-Frank conflict minerals/mine safety/resource extraction/CEO pay-ratio disclosures, and oppose ESG/CSR/stakeholder redefinitions of corporate purpose.
Prohibit securities regulators/SROs from race/sex discriminatory rules
Proposed
Congress should prohibit securities regulators including SROs from rules or actions that discriminate favorably or unfavorably based on race, color, religion, sex, or national origin.
Joint SEC–CFTC digital-asset rule: when tokens are securities vs. commodities
Proposed
Mandate says both agencies have failed with regulation-by-enforcement; they should jointly define when digital-asset holders are parties to investment contracts (SEC) versus commodities (CFTC), and amend commodity/security definitions accordingly—or Congress should legislate.
Congress: IG/GAO review of SEC IT spending; hard two-year investigation limit
Proposed
Mandate asks Congress for an IG or GAO report on SEC IT spending/contracting and a statutory two-year investigation limit with no extensions.
Shift SEC resources from ancillary missions to statutory core functions
Proposed
Mandate says SEC should ensure resources flow toward core statutory functions and away from ancillary/support functions or missions outside the SEC’s statutory charge.
Use SEC general exemptive authority far more often for smaller issuers
Proposed
Mandate criticizes rare use of SEC’s broad general exemptive authority and says the Commission should use it significantly more often to cut burdens on issuers, especially smaller entrepreneurs.
Exempt finders and P2P lending; permanent EGC relief; ease small broker-dealer audits
Proposed
Mandate would exempt small/intermittent finders from BD registration, simplify private-placement broker registration, exempt peer-to-peer lending from securities laws, make Title I EGC exemptions permanent, ease small BD burdens, and exempt non-custodial private BDs from PCAOB-registered audits.
Preempt blue sky for exchange/ATS trades; kill CAT; abolish Rule 144 resale limits
Proposed
For capital markets, Mandate would preempt state blue-sky for securities on established markets, terminate the Consolidated Audit Trail, and abolish Rule 144/other resale restrictions in favor of issuer current-information duties.
Streamline Reg A/CF, preempt blue sky, broaden or end accredited-investor limits
Proposed
Absent fundamental reform, Mandate directs SEC to simplify Reg A and crowdfunding, preempt blue-sky for Reg A primary/secondary offerings, broaden or eliminate accredited-investor limits, allow self-certification for Rule 506, and create micro-offering exemptions.
Amend tax code so Reg A/CF shareholders do not blow S-corp 100-shareholder limit
Proposed
Mandate asks Congress to amend the IRC so crowdfunding and Regulation A shareholders are disregarded for the Subchapter S 100-shareholder limit.
Replace securities laws with three-tier private/intermediate/public disclosure system
Proposed
Mandate says SEC and Congress should fundamentally reform issuer/broker/exchange laws into three firm categories—private, intermediate smaller firms, and public—with scaled disclosure and specified secondary markets for each.