S875119th CongressWALLET

FIRM Act

Sponsored By: Senator Tim Scott

In Committee

Summary

Bans federal banking agencies from using "reputational risk" in supervising banks and credit unions. The bill would also require agencies to tailor rules to institution risk profiles, cut some reporting for community banks, and deliver several reports to Congress on implementation and modernization.

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  • Depository institutions. Agencies could not base exams, supervisory ratings, enforcement, guidance, or data collection on reputational risk, removing that factor from supervisory decisions.
  • Community banks. Banks eligible for the Community Bank Leverage Ratio would be allowed to file a short-form Call Report for the first and third report of each year, reducing filing burden.
  • Federal banking agencies. Agencies would have to remove references to reputational risk from guidance and manuals, tailor regulatory actions to institution risk and disclose that tailoring in rule notices, perform a seven-year look-back on recent rules with revisions due within three years, and report to Congress including a 180-day implementation confirmation and an 18-month modernization study.
  • Consumers and certain industries. By eliminating reputational risk as a supervisory tool, the bill aims to limit subjective or politically driven pressures that agencies have cited in the past as restricting access to banking services.

*Would shift supervision toward traditional, material safety-and-soundness risks and impose new tailoring and reporting requirements on agencies.*

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

No supervision based on reputational risk

If enacted, federal banking agencies would be barred from using "reputational risk" in exams, rules, ratings, data collection, or enforcement. Agencies would have to remove references to reputational risk from guidance and manuals. Each agency would also have to report to Congress within 180 days describing how it implemented this change. The rule would explicitly cover banks and insured credit unions and include the CFPB and NCUA.

Tailored rules for different banks

If enacted, the OCC, Federal Reserve, FDIC, NCUA, and CFPB would have to tailor new rules to an institution's risk profile and business model. Agencies must say in every proposed and final rule how they considered tailoring. They must review final rules tied to laws from the seven years before this bill and fix ones that don't meet the tailoring rules within three years. Each agency must report to Congress within one year and then yearly about how they tailored rules.

Less reporting for some community banks

If enacted, banks that qualify for the Community Bank Leverage Ratio (CBLR) would be allowed to file a shorter Call Report. The short form would apply to the first and third report-of-condition each year. Federal banking agencies would have to write rules to put this change in place. If your community bank meets CBLR rules, it would do less reporting twice a year.

Sponsors & CoSponsors

Sponsor

Tim Scott

SC • R

Cosponsors

  • Katie Britt

    AL • R

    Sponsored 3/6/2025

  • Bernie Moreno

    OH • R

    Sponsored 3/6/2025

  • Jim Banks

    IN • R

    Sponsored 3/6/2025

  • Mike Crapo

    ID • R

    Sponsored 3/6/2025

  • Mike Rounds

    SD • R

    Sponsored 3/6/2025

  • Thomas Tillis

    NC • R

    Sponsored 3/6/2025

  • John Kennedy

    LA • R

    Sponsored 3/6/2025

  • Bill Hagerty

    TN • R

    Sponsored 3/6/2025

  • Cynthia Lummis

    WY • R

    Sponsored 3/6/2025

  • Pete Ricketts

    NE • R

    Sponsored 3/6/2025

  • Kevin Cramer

    ND • R

    Sponsored 3/6/2025

  • David McCormick

    PA • R

    Sponsored 3/6/2025

Roll Call Votes

No roll call votes available for this bill.

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