The Financial Integrity and Regulation Management (FIRM) Act
Overview:
Financial regulators have weaponized their power to target disfavored political groups and individuals
in America, hiding behind opaque veils of confidentiality and insincere proclamations of
independence. We must rein in these rogue regulators.
Chairman Tim Scott’s Financial Integrity and Regulation Management (FIRM) Act curtails the
political weaponization of the Federal banking agencies by eliminating the ability for regulators to use
“reputational risk” as a component of the supervision of federally regulated financial institutions.
The FIRM Act will:
- Eliminate all references to reputational risk as a measure to determine the safety and
soundness of regulated depository institutions.
- Eliminate the Federal banking agencies’ ability to promulgate new rules or guidance that use
reputational risk to supervise or regulate depository institutions.
- Require the Federal banking agencies to report to Congress on their elimination of reputational
risk as a component of the supervision of depository institutions.
This bill is narrowly tailored so that removal of this subjective factor does not affect quantitative
supervisory measures (e.g. concentration risk, liquidity risk, etc.).
Background on Reputational Risk:
- The term “reputational risk” is commonly used by Federal banking agencies to refer to the
potential that negative publicity or negative public opinion regarding an institution’s business
practices, whether true or not, will cause a decline in confidence in the institution, decline in
the customer base, costly litigation, or revenue reductions.
- Through informal guidance, the Federal banking agencies—Federal Reserve, OCC, FDIC,
NCUA—have incorporated reputational risk as a component to determine a federally regulated
depository institution’s supervisory rating.
- The use of reputational risk to determine a depository institution’s supervisory rating is not
required by statute and it is an improper use of supervisory authority. Federal banking
agencies use reputational risk to prevent federally regulated depository institutions from
providing financial services to industries that the agencies disfavor.