,i #aacth ,,congress #b;d ,session ,h4 ,r4 #cibh ,,in ,,the ,,house ,,of ,,representatives ,january #bg1 #bjad,mr4 ,garrett introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to improve the accountability and transparency of the ,board of ,governors of the ,federal ,reserve ,system1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,reserve ,accountability and ,transparency ,act of #bjad4 #b4 ,economic analysis ,section #aa of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #bdh7 is amended by inserting after subsection 7l7 the following3 7m7 ,consideration of economic impacts 7#a7 ,in general ,before issuing any regulation1 the ,board of ,governors of the ,federal ,reserve ,system shall-- 7,a7 clearly identify the nature and source of the problem that the proposed regulation is designed to address1 as well as assess the significance of that problem1 to enable assessment of whether any new regulation is warranted2 7,b7 assess the costs and benefits1 both qualitative and quantitative1 of the intended regulation and propose or adopt a regulation only on a reasoned determination that the benefits of the intended regulation outweigh the costs of the regulation2 7,c7 identify and assess available alternatives to the regulation that were considered1 including modification of an existing regulation1 together with an explanation of why the regulation meets the regulatory objectives more effectively than the alternatives2 and 7,d7 ensure that any regulation is accessible1 consistent1 written in plain language1 and easy to understand and shall measure1 and seek to improve1 the actual results of regulatory requirements4 7#b7 ,considerations and actions 7,a7 ,required actions ,in deciding whether and how to regulate1 the ,board shall assess the costs and benefits of available regulatory alternatives1 including the alternative of not regulating1 and choose the approach that maximizes net benefits4 ,specifically1 the ,board shall-- 7i7 evaluate whether1 consistent with obtaining regulatory objectives1 the regulation is tailored to impose the least burden on society1 including market participants1 individuals1 businesses of differing sizes1 and other entities 7including ,state and local governmental entities71 taking into account1 to the extent practicable1 the cumulative costs of regulations2 and 7ii7 evaluate whether the regulation is inconsistent1 incompatible1 or duplicative of other ,federal regulations4 7,b7 ,additional considerations ,in addition1 in making a reasoned determination of the costs and benefits of a potential regulation1 the ,board shall1 to the extent that each is relevant to the particular proposed regulation1 take into consideration the impact of the regulation on-- 7i7 investor choice2 7ii7 market liquidity in the securities markets2 7iii7 small businesses2 7iv7 economic growth2 7v7 cost and access to capital2 7vi7 market stability2 7vii7 global competitiveness2 7viii7 job creation2 7ix7 rate of inflation2 and 7x7 employment levels4 7#c7 ,explanation and comments ,the ,board shall explain in its final rule the nature of comments that it received1 including those from the industry or consumer groups concerning the potential costs or benefits of the proposed rule or proposed rule change1 and shall provide a response to those comments in its final rule1 including an explanation of any changes that were made in response to those comments and the reasons that the ,board did not incorporate those industry group concerns related to the potential costs or benefits in the final rule4 7#d7 ,post-adoption impact assessment 7,a7 ,in general ,whenever the ,board adopts or amends a regulation designated as a major rule within the meaning of section #hjd7b7 of title #e1 ,united ,states ,code1 it shall state1 in its adopting release1 the following3 7i7 ,the purposes and intended consequences of the regulation4 7ii7 ,appropriate post-implementation quantitative and qualitative metrics to measure the economic impact of the regulation and to measure the extent to which the regulation has accomplished the stated purposes4 7iii7 ,the assessment plan that will be used1 consistent with the requirements of subparagraph 7,b71 to assess whether the regulation has achieved the stated purposes4 7iv7 ,any reasonably foreseeable indirect effects that may result from the regulation4 7,b7 ,requirements of assessment plan and report 7i7 ,requirements of plan ,the assessment plan required under this paragraph shall consider the costs1 benefits1 and intended and unintended consequences of the regulation4 ,the plan shall specify the data to be collected1 the methods for collection and analysis of the data and a date for completion of the assessment4 ,the assessment plan shall include an analysis of any jobs added or lost as a result of the regulation1 differentiating between public and private sector jobs4 7ii7 ,submission and publication of report ,the ,board shall1 not later than #b years after the publication of the adopting release1 cause the assessment report to be published in the ,federal ,register for notice and comment4 ,if the ,board determines1 at least #ij days before such date1 that an extension is necessary1 the ,board shall publish a notice of such extension in the ,federal ,register1 along with the specific reasons why the extension is necessary4 ,any material modification of the plan1 as necessary to assess unforeseen aspects or consequences of the regulation1 shall be promptly published in the ,federal ,register for notice and comment4 7iii7 ,data collection not subject to notice and comment requirements ,if the ,board has published its assessment plan for notice and comment1 specifying the data to be collected and method of collection1 at least #cj days prior to adoption of a final regulation or amendment1 such collection of data shall not be subject to the notice and comment requirements in section #cejf7;c7 of title #dd1 ,united ,states ,code 7commonly referred to as the ,paperwork ,reduction ,act74 ,any material modifications of the plan that require collection of data not previously published for notice and comment shall also be exempt from such requirements if the ,board has published notice for comment in the ,federal ,register of the additional data to be collected1 at least #cj days prior to initiation of data collection4 7iv7 ,final action ,not later than #ahj days after publication of the assessment report in the ,federal ,register1 the ,board shall issue for notice and comment a proposal to amend or rescind the regulation1 or publish a notice that the ,board has determined that no action will be taken on the regulation4 ,such a notice will be deemed a final agency action4 7#e7 ,covered regulations and other actions ,solely as used in this subsection1 the term regulation-- 7,a7 means a statement of general applicability and future effect that is designed to implement1 interpret1 or prescribe law or policy or to describe the procedure or practice requirements of the ,board of ,governors1 including rules1 orders of general applicability1 interpretive releases1 and other statements of general applicability that the ,board of ,governors intends to have the force and effect of law2 and 7,b7 does not include-- 7i7 a regulation issued in accordance with the formal rulemaking provisions of section #eef or #eeg of title #e1 ,united ,states ,code2 7ii7 a regulation that is limited to the organization1 management1 or personnel matters of the ,board of ,governors2 7iii7 a regulation promulgated pursuant to statutory authority that expressly prohibits compliance with this provision2 and 7iv7 a regulation that is certified by the ,board of ,governors to be an emergency action1 if such certification is published in the ,federal ,register4 4 #c4 ,federal ,open ,market ,committee blackout period ,section #ab;,a of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #bfc7 is amended by adding at the end the following3 7d7 ,blackout period 7#a7 ,in general ,during a blackout period1 the only public communications that may be made by members and staff of the ,committee with respect to macroeconomic or financial developments or about current or prospective monetary policy issues are the following3 7,a7 ,the dissemination of published data1 surveys1 and reports that have been cleared for publication by the ,board of ,governors of the ,federal ,reserve ,system4 7,b7 ,answering technical questions specific to a data release4 7,c7 ,communications with respect to the prudential or supervisory functions of the ,board of ,governors4 7#b7 ,blackout period defined ,for purposes of this subsection1 and with respect to a meeting of the ,committee described under subsection 7a71 the term blackout period means the time period that-- 7,a7 begins immediately after midnight on the day that is #a-week prior to the date on which such meeting takes place2 and 7,b7 ends at midnight on the day after the date on which such meeting takes place4 4 #d4 ,staff term limits1 pay1 ethics standards1 and financial disclosures 7a7 ,in general ,section #aa of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #bdh7 is amended-- 7#a7 by redesignating the second subsection 7s7 7relating to assessments1 fees1 and other charges7 as subsection 7t72 and 7#b7 by adding at the end the following3 7u7 ,ethics standards for members and employees 7#a7 ,prohibited and restricted financial interests and transactions ,the members and employees of the ,board of ,governors of the ,federal ,reserve ,system shall be subject to the provisions under section #ddja4ajb of title #e1 ,code of ,federal ,regulations1 to the same extent as such provisions apply to an employee of the ,securities and ,exchange ,commission4 7#b7 ,treatment of brokerage accounts and availability of account statements ,the members and employees of the ,board of ,governors of the ,federal ,reserve ,system shall-- 7,a7 disclose all brokerage accounts that they maintain1 as well as those in which they control trading or have a financial interest 7including managed accounts1 trust accounts1 investment club accounts1 and the accounts of spouses or minor children who live with the member or employee72 and 7,b7 with respect to any securities account that the member or employee is required to disclose to the ,board of ,governors1 authorize their brokers and dealers to send duplicate account statements directly to ,board of ,governors4 7#c7 ,prohibitions related to outside employment and activities ,the members and employees of the ,board of ,governors of the ,federal ,reserve ,system shall be subject to the prohibitions related to outside employment and activities described under section #ddja4ajc7;c7 of title #e1 ,code of ,federal ,regulations1 to the same extent as such prohibitions apply to an employee of the ,securities and ,exchange ,commission4 7#d7 ,additional ethics standards ,the members and employees of the ,board of ,governors of the ,federal ,reserve ,system shall be subject to-- 7,a7 the employee responsibilities and conduct regulations of the ,office of ,personnel ,management under part #gce of title #e1 ,code of ,federal ,regulations2 7,b7 the canons of ethics contained in subpart ,c of part #bjj of title #ag1 ,code of ,federal ,regulations1 to the same extent as such subpart applies to the employees of the ,securities and ,exchange ,commission2 and 7,c7 the regulations concerning the conduct of members and employees and former members and employees contained in subpart ,m of part #bjj of title #ag1 ,code of ,federal ,regulations1 to the same extent as such subpart applies to the employees of the ,securities and ,exchange ,commission4 7v7 ,additional employees required ,to make a public financial disclosure ,for purposes of the financial disclosure requirements under part #bfcd of title #e1 ,code of ,federal ,regulations1 an employee of the ,board of ,governors shall be deemed a public filer if the employee is an attorney1 accountant1 examiner1 auditor1 investigator1 or deals with information technology security4 7w7 ,disclosure of staff salaries and financial information ,the ,board of ,governors of the ,federal ,reserve ,system shall make publicly available1 on the website of the ,board of ,governors1 a searchable database that contains the names of all ,members1 officers1 and employees of the ,board of ,governors of the ,federal ,reserve ,system and each ,federal reserve bank1 and-- 7#a7 the yearly salary information for such individuals1 along with any non-salary compensation received by such individuals2 and 7#b7 any financial disclosures required to be made by such individuals4 4 7b7 ,limitation on ,federal ,reserve ,system staff pay and terms of office ,the ,federal ,reserve ,act is amended-- 7#a7 in the provision enumerated ,fifth of the fourth undesignated paragraph of section #d1 by inserting after the first sentence the following3 ,such president1 vice presidents1 and other officers and employees may not be paid a salary in excess of #ii percent of the salary of the ,chairman of the ,board of ,governors of the ,federal ,reserve ,system4 ,no person may serve for more than #f years in any one of the following positions3 general counsel1 deputy general counsel1 senior adviser1 director1 deputy director1 senior associate director1 and assistant director42 and 7#b7 in section #aa7l71 by adding at the end the following3 ,no attorney1 expert1 assistant1 clerk1 or other employee of the ,board of ,governors of the ,federal ,reserve ,system may be paid a salary in excess of #ii percent of the salary of the ,chairman of the ,board of ,governors of the ,federal ,reserve ,system4 ,no person may serve for more than #f years in any one of the following positions3 general counsel1 deputy general counsel1 senior adviser1 director1 deputy director1 senior associate director1 and assistant director44 7c7 ,office staff for each member of the ,board of ,governors ,section #aa7t7 of the ,federal ,reserve ,act1 as amended by subsection 7b71 is further amended by adding at the end the following3 ,each member of the ,board of ,governors of the ,federal ,reserve ,system may employ #d individuals for the purpose of staffing the member's office1 with such individuals selected by such member and the salaries of such individuals set by such member44 7d7 ,,gao study 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states shall carry out a study on-- 7,a7 employee pay and the employee pay scale used by the ,board of ,governors of the ,federal ,reserve ,system1 including-- 7i7 how individual employee compensation relates to job function1 educational attainment1 and work experience2 and 7ii7 how the pay scale compares to the pay scales used by other ,federal departments and agencies1 especially other financial regulators2 and 7,b7 requiring the ,board of ,governors of the ,federal ,reserve ,system to be funded through the regular appropriations process4 7#b7 ,report ,not later than the end of the #ahj-;day period beginning on the date of the enactment of this ,act1 the ,comptroller ,general shall issue a report to the ,congress containing-- 7,a7 all findings and determinations made by the ,comptroller ,general in carrying out the study required under paragraph 7#a72 7,b7 recommendations on how to make the pay scale used by the ,board of ,governors more consistent with pay scales used by other ,federal departments and agencies2 and 7,c7 a report on the pay amounts for employees at the ,board of ,governors1 broken down by division and job function4 #e4 ,vice ,chairman for ,supervision report requirement ,section #aj of the ,federal ,reserve ,act is amended-- 7#a7 by redesignating paragraph 7#ab7 as paragraph 7#aa72 and 7#b7 in paragraph 7#aa71 as so redesignated1 by adding at the end the following3 ,in each such appearance1 the ,vice ,chairman for ,supervision shall provide written testimony that includes the status of all pending and anticipated rulemakings that are being made by the ,board of ,governors of the ,federal ,reserve ,system4 ,if1 at the time of any appearance described in this paragraph1 the position of ,vice ,chairman for ,supervision is vacant1 the ,vice ,chairman for the ,board of ,governors of the ,federal ,reserve ,system 7who has the responsibility to serve in the absence of the ,chairman7 shall appear instead and provide the required written testimony4 ,if1 at the time of any appearance described in this paragraph1 both ,vice ,chairman positions are vacant1 the ,chairman of the ,board of ,governors of the ,federal ,reserve ,system shall appear instead and provide the required written testimony44 #f4 ,federal ,reserve communications with ,congress ,section #b;,b of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #bbe;b7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#c7 ,question period ,during any appearance before a committee of the ,congress1 the ,chairman or any other official or employee of the ,board of ,governors making such appearance shall remain as long as members of the committee have questions1 but no later than #e p4m4 2 7#b7 in subsection 7b7-- 7,a7 in the heading for such subsection1 by striking ,report and inserting reports1 questions1 and meetings2 7,b7 by striking ,the ,board and inserting the following3 7#a7 ,in general ,the ,board 2 and 7,c7 by adding at the end the following3 7#b7 ,responses to ,congressional committee questions 7,a7 ,in general ,not later than the end of the #f-week period following the date on which any member or employee of the ,board of ,governors of the ,federal ,reserve ,system appears before a committee of the ,congress1 the ,board shall respond1 in writing1 to any questions submitted by such committee4 7,b7 ,inability to meet deadline ,if the written response described under subparagraph 7,a7 cannot be provided within the #f-week period described under such subparagraph1 the ,chairman of the ,board shall inform the chairman of the appropriate committee1 in writing1 within such #f-week period-- 7i7 as to why the ,board is unable to provide the written response within the #f-week period2 and 7ii7 the expected date on which the ,board will respond to such questions4 7#c7 ,congressional meeting request accountability 7,a7 ,in general ,upon receiving a meeting request from a member or staff member serving on the ,committee of ,financial ,services or ,budget of the ,house of ,representatives or the ,committee of ,banking1 ,housing1 and ,urban ,affairs or ,budget of the ,senate1 the ,board of ,governors of the ,federal ,reserve ,system shall-- 7i7 respond1 within #c business days1 to notify such member or staff member that the request has been received2 and 7ii7 include in such response whether the meeting request can be accommodated and1 if so1 the dates and times when officers and employees of the ,board are available for such meeting4 7,b7 ,inability to accommodate meeting ,if1 in a response described under subparagraph 7,a71 the ,board states that the meeting cannot be accommodated within the #b-week period following such response1 the ,chairman of the ,board shall accompany such response with a detailed written explanation to the chairman of the committee as to why the meeting cannot be accommodated within such period and when the request will be accommodated4 7#d7 ,salary freeze while in violation ,during any period of time with respect to which the ,board of ,governors or the ,chairman of the ,board of ,governors is in violation of any provision of this subsection1 no employee of the ,board of ,governors may receive an increase in salary or other compensation4 4 #g4 ,transparency of regulatory activities 7a7 ,stress test rulemaking1 ,,gao review1 and publication of results ,section #afe7;i77#a77;,b7 of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #ecfe7;i77#a77;,b77 is amended-- 7#a7 by amending clause 7i7 to read as follows3 7i7 shall-- 7,i7 issue regulations1 after providing for public notice and comment1 that provide for at least #c different sets of conditions under which the evaluation required by this subsection shall be conducted1 including baseline1 adverse1 and severely adverse1 and methodologies including models used to estimate losses on certain assets2 7,,ii7 provide copies of such regulations to the ,comptroller ,general of the ,united ,states and the ,panel of ,economic ,advisors of the ,congressional ,budget ,office before publishing such regulations2 2 and 7#b7 in clause 7v71 by inserting before the period the following3 1 including any results of a resubmitted test4 7b7 ,publication of the number of supervisory letters sent to the largest bank holding companies ,section #afe of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #ecfe7 is amended by adding at the end the following3 7l7 ,publication of supervisory letter information ,the ,board of ,governors shall publicly disclose-- 7#a7 the aggregate number of supervisory letters sent to bank holding companies described in subsection 7a7 since the date of the enactment of this section1 and keep such number updated2 and 7#b7 the aggregate number of such letters that are designated as ,matters ,requiring ,attention and the aggregate number of such letters that are designated as ,matters ,requiring ,immediate ,attention4 4 7c7 ,disclosure of audits and reviews to appropriate committees 7#a7 ,in general ,not later than the end of the #cj-;day period beginning on the date of the enactment of this ,act1 the ,board of ,governors of the ,federal ,reserve ,system shall submit to the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate unredacted copies of-- 7,a7 the ,board of ,governors' ,review of ,regulatory ,supervisory ,audit2 7,b7 the ,board of ,governors' #bjjc-bjjh ,performance ,review2 and 7,c7 each performance review performed by the ,board of ,governors after the date of the enactment of this ,act4 7#b7 ,notice of sensitive information ,the ,board of ,governors shall ensure that the documents described under paragraph 7#a7 are accompanied by a list of any sections in such documents that the ,board of ,governors deems to be sensitive information that should not be made public4 #h4 ,treatment of certain directors and presidents 7a7 ,elimination of class ,c directors ,section #d of the ,federal ,reserve ,act is amended-- 7#a7 in the provision enumerated ,fifth of the fourth undesignated paragraph1 by striking and ,class ,c2 7#b7 in the ninth undesignated paragraph1 by striking classes ,a1 ,b1 and ,c and inserting classes ,a and ,b2 7#c7 in the tenth undesignated paragraph1 by striking three members and inserting four members2 7#d7 in the eleventh undesignated paragraph1 by striking three members and inserting five members2 7#e7 by striking the twelfth and fifteenth undesignated paragraphs2 7#f7 by amending the twentieth undesignated paragraph to read as follows3 7#bj7 ,designation of chairman and deputy chairman 7,a7 ,designation of chairman 7i7 ,in general ,one of the class ,a or ,b directors who has tested banking experience shall be designated by the ,board of ,governors of the ,federal ,reserve ,system as chairman of the board of directors of the ,federal reserve bank and as ,federal reserve agent4 7ii7 ,duties ,the chairman shall-- 7,i7 maintain1 under regulations to be established by the ,board of ,governors of the ,federal ,reserve ,system1 a local office of said board on the premises of the ,federal reserve bank2 7,,ii7 make regular reports to the ,board of ,governors of the ,federal ,reserve ,system2 and 7,,iii7 act as the official representative of the ,board of ,governors for the performance of the functions conferred upon it by this ,act4 7iii7 ,compensation ,the chairman shall receive an annual compensation to be fixed by the ,board of ,governors of the ,federal ,reserve ,system and paid monthly by the ,federal reserve bank to which the chairman is designated4 7,b7 ,designation of deputy chairman ,one of the class ,a or ,b directors shall be appointed by the ,board of ,governors of the ,federal ,reserve ,system as deputy chairman to exercise the powers of the chairman of the board when necessary4 2 and 7#g7 by amending the twenty-fourth undesignated paragraph to read as follows3 7#bd7 ,term of directors2 vacancies 7,a7 ,term of directors ,every director of a ,federal reserve bank shall hold office for a term of three years1 and such terms shall be staggered1 from the date of the enactment of this paragraph1 such that-- 7i7 with respect to the four class ,a directors1 one director's term shall expire in each of the first and second years and two directors' terms shall expire in the third year2 and 7ii7 with respect to the five class ,b directors1 one director's term shall expire in the first year and two directors' terms shall expire in each of the second and third years4 7,b7 ,vacancies ,vacancies that may occur in the several classes of directors of ,federal reserve banks may be filled in the manner provided for the original selection of such directors1 such appointees to hold office for the unexpired terms of their predecessors4 4 7b7 ,appointment of bank president and vice president ,the provision enumerated ,fifth of the fourth undesignated paragraph of section #d of the ,federal ,reserve ,act is amended by striking with the approval of the ,board of ,governors of the ,federal ,reserve ,system14 #i4 ,international travel and negotiations 7a7 ,international travel ,section #aa of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #bdh71 as amended by section #d1 is further amended by adding at the end the following3 7x7 ,temporary authorization for international travel 7#a7 ,in general ,members and employees of the ,board of ,governors of the ,federal ,reserve ,system may not travel outside of the ,united ,states for the purposes of performing any function on behalf of the ,board of ,governors of the ,federal ,reserve ,system after the end of the #b-year period beginning on the date of enactment of this subsection4 7#b7 ,exception ,paragraph 7#a7 shall not apply to travel through another country for purposes of traveling from one part of the ,united ,states to another part of the ,united ,states4 4 7b7 ,international negotiations ,section #aa of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #bdh71 as amended by subsection 7a71 is further amended by adding at the end the following3 7y7 ,international negotiations 7#a7 ,notice of negotiations2 consultation ,at least #ij calendar days before any ,member or employee of the ,board of ,governors of the ,federal ,reserve ,system enters into negotiations with any foreign or multinational entity1 the ,board of ,governors shall-- 7,a7 issue a notice of negotiations to the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7,b7 make such notice available to the public1 including on the website of the ,board of ,governors2 and 7,c7 solicit public comment1 and consult with the committees described under subparagraph 7,a71 with respect to the topic matter1 scope1 and goals of the negotiations4 7#b7 ,public reports on negotiations ,after the end of any negotiation described under paragraph 7#a71 the ,board of ,governors shall issue a public report on the topics that were discussed at the negotiation and any new or revised rulemakings or policy changes that the ,board of ,governors believe should be enacted as a result of the negotiations4 7#c7 ,notice of agreements2 consultation ,at least #ij calendar days before any ,member or employee of the ,board of ,governors of the ,federal ,reserve ,system enters into any agreement with any foreign or multinational entity1 the ,board of ,governors shall-- 7,a7 issue a notice of agreement to the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7,b7 make such notice available to the public1 including on the website of the ,board of ,governors2 and 7,c7 consult with such committees with respect to the nature of the agreement and any anticipated effects such agreement will have on the economy4 4 #aj4 ,improvements to the ,financial ,institutions ,examination ,council 7a7 ,economic analysis ,section #ajjh of the ,federal ,financial ,institutions ,examination ,council ,act of #aigh 7#ab ,u4,s4,c4 #ccje7 is amended by adding at the end the following3 7d7 ,consideration of economic impacts 7#a7 ,in general ,before issuing any regulation1 the ,council shall-- 7,a7 clearly identify the nature and source of the problem that the proposed regulation is designed to address1 as well as assess the significance of that problem1 to enable assessment of whether any new regulation is warranted2 7,b7 assess the costs and benefits1 both qualitative and quantitative1 of the intended regulation and propose or adopt a regulation only on a reasoned determination that the benefits of the intended regulation outweigh the costs of the regulation2 7,c7 identify and assess available alternatives to the regulation that were considered1 including modification of an existing regulation1 together with an explanation of why the regulation meets the regulatory objectives more effectively than the alternatives2 and 7,d7 ensure that any regulation is accessible1 consistent1 written in plain language1 and easy to understand and shall measure1 and seek to improve1 the actual results of regulatory requirements4 7#b7 ,considerations and actions 7,a7 ,required actions ,in deciding whether and how to regulate1 the ,council shall assess the costs and benefits of available regulatory alternatives1 including the alternative of not regulating1 and choose the approach that maximizes net benefits4 ,specifically1 the ,council shall-- 7i7 evaluate whether1 consistent with obtaining regulatory objectives1 the regulation is tailored to impose the least burden on society1 including market participants1 individuals1 businesses of differing sizes1 and other entities 7including ,state and local governmental entities71 taking into account1 to the extent practicable1 the cumulative costs of regulations2 and 7ii7 evaluate whether the regulation is inconsistent1 incompatible1 or duplicative of other ,federal regulations4 7,b7 ,additional considerations ,in addition1 in making a reasoned determination of the costs and benefits of a potential regulation1 the ,council shall1 to the extent that each is relevant to the particular proposed regulation1 take into consideration the impact of the regulation on-- 7i7 investor choice2 7ii7 market liquidity in the securities markets2 7iii7 small businesses2 7iv7 economic growth2 7v7 cost and access to capital2 7vi7 market stability2 7vii7 global competitiveness2 7viii7 job creation2 7ix7 rate of inflation2 and 7x7 employment levels4 7#c7 ,explanation and comments ,the ,council shall explain in its final rule the nature of comments that it received1 including those from the industry or consumer groups concerning the potential costs or benefits of the proposed rule or proposed rule change1 and shall provide a response to those comments in its final rule1 including an explanation of any changes that were made in response to those comments and the reasons that the ,council did not incorporate those industry group concerns related to the potential costs or benefits in the final rule4 7#d7 ,post-adoption impact assessment 7,a7 ,in general ,whenever the ,council adopts or amends a regulation designated as a major rule within the meaning of section #hjd7b7 of title #e1 ,united ,states ,code1 it shall state1 in its adopting release1 the following3 7i7 ,the purposes and intended consequences of the regulation4 7ii7 ,appropriate post-implementation quantitative and qualitative metrics to measure the economic impact of the regulation and to measure the extent to which the regulation has accomplished the stated purposes4 7iii7 ,the assessment plan that will be used1 consistent with the requirements of subparagraph 7,b71 to assess whether the regulation has achieved the stated purposes4 7iv7 ,any reasonably foreseeable indirect effects that may result from the regulation4 7,b7 ,requirements of assessment plan and report 7i7 ,requirements of plan ,the assessment plan required under this paragraph shall consider the costs1 benefits1 and intended and unintended consequences of the regulation4 ,the plan shall specify the data to be collected1 the methods for collection and analysis of the data and a date for completion of the assessment4 ,the assessment plan shall include an analysis of any jobs added or lost as a result of the regulation1 differentiating between public and private sector jobs4 7ii7 ,submission and publication of report ,the ,council shall1 not later than #b years after the publication of the adopting release1 cause the assessment report to be published in the ,federal ,register for notice and comment4 ,if the ,council determines1 at least #ij days before such date1 that an extension is necessary1 the ,council shall public a notice of such extension in the ,federal ,register1 along with the specific reasons why the extension is necessary4 ,any material modification of the plan1 as necessary to assess unforeseen aspects or consequences of the regulation1 shall be promptly published in the ,federal ,register for notice and comment4 7iii7 ,data collection not subject to notice and comment requirements ,if the ,council has published its assessment plan for notice and comment1 specifying the data to be collected and method of collection1 at least #cj days prior to adoption of a final regulation or amendment1 such collection of data shall not be subject to the notice and comment requirements in section #cejf7;c7 of title #dd1 ,united ,states ,code 7commonly referred to as the ,paperwork ,reduction ,act74 ,any material modifications of the plan that require collection of data not previously published for notice and comment shall also be exempt from such requirements if the ,council has published notice for comment in the ,federal ,register of the additional data to be collected1 at least #cj days prior to initiation of data collection4 7iv7 ,final action ,not later than #ahj days after publication of the assessment report in the ,federal ,register1 the ,council shall issue for notice and comment a proposal to amend or rescind the regulation1 or publish a notice that the ,council has determined that no action will be taken on the regulation4 ,such a notice will be deemed a final agency action4 7#e7 ,covered regulations and other actions ,solely as used in this subsection1 the term regulation-- 7,a7 means a statement of general applicability and future effect that is designed to implement1 interpret1 or prescribe law or policy or to describe the procedure or practice requirements of the ,council1 including rules1 orders of general applicability1 interpretive releases1 and other statements of general applicability that the ,council intends to have the force and effect of law2 and 7,b7 does not include-- 7i7 a regulation issued in accordance with the formal rulemaking provisions of section #eef or #eeg of title #e1 ,united ,states ,code2 7ii7 a regulation that is limited to the organization1 management1 or personnel matters of the ,council2 7iii7 a regulation promulgated pursuant to statutory authority that expressly prohibits compliance with this provision2 and 7iv7 a regulation that is certified by the ,council to be an emergency action1 if such certification is published in the ,federal ,register4 4 7b7 ,ethics standards ,section #ajjh of the ,federal ,financial ,institutions ,examination ,council ,act of #aigh 7#ab ,u4,s4,c4 #ccje71 as amended by subsection 7a71 is further amended by adding at the end the following3 7e7 ,ethics standards 7#a7 ,prohibited and restricted financial interests and transactions ,the members and employees of the ,council shall be subject to the provisions under section #ddja4ajb of title #e1 ,code of ,federal ,regulations1 to the same extent as such provisions apply to an employee of the ,securities and ,exchange ,commission4 7#b7 ,treatment of brokerage accounts and availability of account statements ,the members and employees of the ,council shall-- 7,a7 disclose all brokerage accounts that they maintain1 as well as those in which they control trading or have a financial interest 7including managed accounts1 trust accounts1 investment club accounts1 and the accounts of spouses or minor children who live with the member or employee72 and 7,b7 with respect to any securities account that the member or employee is required to disclose to the ,council1 authorize their brokers and dealers to send duplicate account statements directly to ,council4 7#c7 ,prohibitions related to outside employment and activities ,the members and employees of the ,council shall be subject to the prohibitions related to outside employment and activities described under section #ddja4ajc7;c7 of title #e1 ,code of ,federal ,regulations1 to the same extent as such prohibitions apply to an employee of the ,securities and ,exchange ,commission4 7#d7 ,additional ethics standards ,the members and employees of the ,council shall be subject to-- 7,a7 the employee responsibilities and conduct regulations of the ,office of ,personnel ,management under part #gce of title #e1 ,code of ,federal ,regulations2 7,b7 the canons of ethics contained in subpart ,c of part #bjj of title #ag1 ,code of ,federal ,regulations1 to the same extent as such subpart applies to the employees of the ,securities and ,exchange ,commission2 and 7,c7 the regulations concerning the conduct of members and employees and former members and employees contained in subpart ,m of part #bjj of title #ag1 ,code of ,federal ,regulations1 to the same extent as such subpart applies to the employees of the ,securities and ,exchange ,commission4 7f7 ,additional employees required ,to make a public financial disclosure ,for purposes of the financial disclosure requirements under part #bfcd of title #e1 ,code of ,federal ,regulations1 an employee of the ,council shall be deemed a public filer if the employee is an attorney1 accountant1 examiner1 auditor1 investigator1 or deals with information technology security4 7g7 ,disclosure of staff salaries and financial information ,the ,council shall make publicly available1 on the website of the ,council1 a searchable database that contains the names of all ,members and employees of the ,council1 and-- 7#a7 the yearly salary information for such individuals1 along with any non-salary compensation received by such individuals2 and 7#b7 any financial disclosures required to be made by such individuals4 4 #aa4 ,improvements to the ,financial ,stability ,oversight ,council 7a7 ,economic analysis ,section #aaa of the ,financial ,stability ,act of #bjaj 7#ab ,u4,s4,c4 #ecba7 is amended by adding at the end the following3 7k7 ,consideration of economic impacts 7#a7 ,in general ,before issuing any regulation1 the ,council shall-- 7,a7 clearly identify the nature and source of the problem that the proposed regulation is designed to address1 as well as assess the significance of that problem1 to enable assessment of whether any new regulation is warranted2 7,b7 assess the costs and benefits1 both qualitative and quantitative1 of the intended regulation and propose or adopt a regulation only on a reasoned determination that the benefits of the intended regulation outweigh the costs of the regulation2 7,c7 identify and assess available alternatives to the regulation that were considered1 including modification of an existing regulation1 together with an explanation of why the regulation meets the regulatory objectives more effectively than the alternatives2 and 7,d7 ensure that any regulation is accessible1 consistent1 written in plain language1 and easy to understand and shall measure1 and seek to improve1 the actual results of regulatory requirements4 7#b7 ,considerations and actions 7,a7 ,required actions ,in deciding whether and how to regulate1 the ,council shall assess the costs and benefits of available regulatory alternatives1 including the alternative of not regulating1 and choose the approach that maximizes net benefits4 ,specifically1 the ,council shall-- 7i7 evaluate whether1 consistent with obtaining regulatory objectives1 the regulation is tailored to impose the least burden on society1 including market participants1 individuals1 businesses of differing sizes1 and other entities 7including ,state and local governmental entities71 taking into account1 to the extent practicable1 the cumulative costs of regulations2 and 7ii7 evaluate whether the regulation is inconsistent1 incompatible1 or duplicative of other ,federal regulations4 7,b7 ,additional considerations ,in addition1 in making a reasoned determination of the costs and benefits of a potential regulation1 the ,council shall1 to the extent that each is relevant to the particular proposed regulation1 take into consideration the impact of the regulation on-- 7i7 investor choice2 7ii7 market liquidity in the securities markets2 7iii7 small businesses2 7iv7 economic growth2 7v7 cost and access to capital2 7vi7 market stability2 7vii7 global competitiveness2 7viii7 job creation2 7ix7 rate of inflation2 and 7x7 employment levels4 7#c7 ,explanation and comments ,the ,council shall explain in its final rule the nature of comments that it received1 including those from the industry or consumer groups concerning the potential costs or benefits of the proposed rule or proposed rule change1 and shall provide a response to those comments in its final rule1 including an explanation of any changes that were made in response to those comments and the reasons that the ,council did not incorporate those industry group concerns related to the potential costs or benefits in the final rule4 7#d7 ,post-adoption impact assessment 7,a7 ,in general ,whenever the ,council adopts or amends a regulation designated as a major rule within the meaning of section #hjd7b7 of title #e1 ,united ,states ,code1 it shall state1 in its adopting release1 the following3 7i7 ,the purposes and intended consequences of the regulation4 7ii7 ,appropriate post-implementation quantitative and qualitative metrics to measure the economic impact of the regulation and to measure the extent to which the regulation has accomplished the stated purposes4 7iii7 ,the assessment plan that will be used1 consistent with the requirements of subparagraph 7,b71 to assess whether the regulation has achieved the stated purposes4 7iv7 ,any reasonably foreseeable indirect effects that may result from the regulation4 7,b7 ,requirements of assessment plan and report 7i7 ,requirements of plan ,the assessment plan required under this paragraph shall consider the costs1 benefits1 and intended and unintended consequences of the regulation4 ,the plan shall specify the data to be collected1 the methods for collection and analysis of the data and a date for completion of the assessment4 ,the assessment plan shall include an analysis of any jobs added or lost as a result of the regulation1 differentiating between public and private sector jobs4 7ii7 ,submission and publication of report ,the ,council shall1 not later than #b years after the publication of the adopting release1 cause the assessment report to be published in the ,federal ,register for notice and comment4 ,if the ,council determines1 at least #ij days before such date1 that an extension is necessary1 the ,council shall public a notice of such extension in the ,federal ,register1 along with the specific reasons why the extension is necessary4 ,any material modification of the plan1 as necessary to assess unforeseen aspects or consequences of the regulation1 shall be promptly published in the ,federal ,register for notice and comment4 7iii7 ,data collection not subject to notice and comment requirements ,if the ,council has published its assessment plan for notice and comment1 specifying the data to be collected and method of collection1 at least #cj days prior to adoption of a final regulation or amendment1 such collection of data shall not be subject to the notice and comment requirements in section #cejf7;c7 of title #dd1 ,united ,states ,code 7commonly referred to as the ,paperwork ,reduction ,act74 ,any material modifications of the plan that require collection of data not previously published for notice and comment shall also be exempt from such requirements if the ,council has published notice for comment in the ,federal ,register of the additional data to be collected1 at least #cj days prior to initiation of data collection4 7iv7 ,final action ,not later than #ahj days after publication of the assessment report in the ,federal ,register1 the ,council shall issue for notice and comment a proposal to amend or rescind the regulation1 or publish a notice that the ,council has determined that no action will be taken on the regulation4 ,such a notice will be deemed a final agency action4 7#e7 ,covered regulations and other actions ,solely as used in this subsection1 the term regulation-- 7,a7 means a statement of general applicability and future effect that is designed to implement1 interpret1 or prescribe law or policy or to describe the procedure or practice requirements of the ,council1 including rules1 orders of general applicability1 interpretive releases1 and other statements of general applicability that the ,council intends to have the force and effect of law2 and 7,b7 does not include-- 7i7 a regulation issued in accordance with the formal rulemaking provisions of section #eef or #eeg of title #e1 ,united ,states ,code2 7ii7 a regulation that is limited to the organization1 management1 or personnel matters of the ,council2 7iii7 a regulation promulgated pursuant to statutory authority that expressly prohibits compliance with this provision2 and 7iv7 a regulation that is certified by the ,council to be an emergency action1 if such certification is published in the ,federal ,register4 4 7b7 ,ethics standards ,section #aaa of the ,financial ,stability ,act of #bjaj 7#ab ,u4,s4,c4 #ecba71 as amended by subsection 7a71 is further amended by adding at the end the following3 7l7 ,ethics standards 7#a7 ,prohibited and restricted financial interests and transactions ,the members and employees of the ,council shall be subject to the provisions under section #ddja4ajb of title #e1 ,code of ,federal ,regulations1 to the same extent as such provisions apply to an employee of the ,securities and ,exchange ,commission4 7#b7 ,treatment of brokerage accounts and availability of account statements ,the members and employees of the ,council shall-- 7,a7 disclose all brokerage accounts that they maintain1 as well as those in which they control trading or have a financial interest 7including managed accounts1 trust accounts1 investment club accounts1 and the accounts of spouses or minor children who live with the member or employee72 and 7,b7 with respect to any securities account that the member or employee is required to disclose to the ,council1 authorize their brokers and dealers to send duplicate account statements directly to ,council4 7#c7 ,prohibitions related to outside employment and activities ,the members and employees of the ,council shall be subject to the prohibitions related to outside employment and activities described under section #ddja4ajc7;c7 of title #e1 ,code of ,federal ,regulations1 to the same extent as such prohibitions apply to an employee of the ,securities and ,exchange ,commission4 7#d7 ,additional ethics standards ,the members and employees of the ,council shall be subject to-- 7,a7 the employee responsibilities and conduct regulations of the ,office of ,personnel ,management under part #gce of title #e1 ,code of ,federal ,regulations2 7,b7 the canons of ethics contained in subpart ,c of part #bjj of title #ag1 ,code of ,federal ,regulations1 to the same extent as such subpart applies to the employees of the ,securities and ,exchange ,commission2 and 7,c7 the regulations concerning the conduct of members and employees and former members and employees contained in subpart ,m of part #bjj of title #ag1 ,code of ,federal ,regulations1 to the same extent as such subpart applies to the employees of the ,securities and ,exchange ,commission4 7m7 ,additional employees required ,to make a public financial disclosure ,for purposes of the financial disclosure requirements under part #bfcd of title #e1 ,code of ,federal ,regulations1 an employee of the ,council shall be deemed a public filer if the employee is an attorney1 accountant1 examiner1 auditor1 investigator1 or deals with information technology security4 7n7 ,disclosure of staff salaries and financial information ,the ,council shall make publicly available1 on the website of the ,council1 a searchable database that contains the names of all ,members and employees of the ,council1 and-- 7#a7 the yearly salary information for such individuals1 along with any non-salary compensation received by such individuals2 and 7#b7 any financial disclosures required to be made by such individuals4 4