GOP Senator Calls for Rulemaking Halt Until Trump Takes Office

News November 18, 2024 at 03:51 PM
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What You Need To Know

  • Sen. Tim Scott also told Biden to withdraw nominations before the Senate Banking Committee.
  • Iron Roads Partners has said there may be a surge in SEC rulemaking before Jan. 20.
  • ICI told the SEC to suspend compliance dates for certain regulatory actions and halt work on not-yet-finalized rules.
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Sen. Tim Scott, R-S.C., the ranking member on the Senate Banking Committee, is calling on the Securities and Exchange Commission — along with other financial and housing regulators — to cease all rulemaking activity. But such a halt is unlikely, a regulatory consultant said.

In a letter Monday to President Joe Biden, Scott also told Biden to withdraw nominations before the committee.

On Nov. 5, "Americans across the country rejected your administration’s radical economic agenda and delivered President Trump and the incoming Republican Congress a clear mandate to usher in a new era of government," Scott wrote. "Given this mandate, it is incumbent upon you and your administration to ensure that President Trump can implement the agenda the American people voted for by allowing him to take office on January 20th with a fresh slate.”

As the top Republican on the Senate Committee on Banking, Housing, and Urban Affairs, Scott said that the agencies overseen by the committee should "cease all rulemaking, including the finalization of any pending or proposed regulations or guidance, and to comply with federal record retention laws and preserve all agency documents, records, and communications."

Scott stated that he "will not vote for, or advance, any nominees put forth in front of the Committee" by the Biden administration.

'Surge in Rulemaking'

Iron Road Partners, the regulatory consulting firm, said in a recent note that the SEC's priorities under the new administration won't be clear until a new SEC chairman "is appointed and confirmed — a process that could take nine months or longer. This delay is partly due to the SEC's lower priority among agencies and the historical disorganization of the Trump administration."

As the current administration "works to secure its policy priorities before the January 20th transition, we may see a surge in rulemaking," Iron Road Partners said. "The SEC's marketing rule, for example, was adopted during a similar period of activity."

ICI Weighs In

The Investment Company Institute also told SEC Chairman Gary Gensler Monday in a letter to suspend the compliance dates for certain recent regulatory actions, halt work on not-yet-finalized rulemaking, and extend soon-to-expire relief "that would have a significant impact on registered investment companies ('funds') and their shareholders and investment advisers and their clients."

Recently adopted rules that are "complex" and require funds and advisors to "expend considerable time and resources," include the Fund names rule, which requires certain funds to adopt a policy to invest at least 80% of their assets in accordance with the investment focus that the fund's name suggests, as well as Form N-PORT, which private funds have to file.

The agency should also "stop all activity" on outstanding proposals, ICI said, including its plans to require:

  • Cybersecurity risk management for investment advisors and funds;
  • Enhanced ESG disclosures by certain advisors and funds;
  • Outsourcing by advisors;
  • Open-end fund liquidity risk management programs and swing pricing;
  • Safeguarding advisory client assets; and
  • Conflicts of interest associated with predictive data analytics by broker-dealers and advisors.

Credit: Adobe Stock

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