Requires the Financial Stability Oversight Council (FSOC) to make an initial written determination before voting to designate any U.S. nonbank financial company as systemically important. FSOC must consult with the company and the company’s primary financial regulator and find that other steps (including heightened standards, new standards, or a company plan) are impracticable or insufficient to address the risk before it may vote to designate, and it updates a related cross-reference to reflect the new requirement.
Amend subsection (a), paragraph (1) of Section 113 by changing the opening phrase so that "The Council" becomes "Subject to paragraph (3), the Council." This makes the Council’s authority to vote on a proposed determination conditional on the new paragraph (3).
Add a new paragraph (3) (titled "Initial determination") that prevents the Council from voting on a proposed determination with respect to a U.S. nonbank financial company under paragraph (1) unless the Council first determines, after consulting with the company and the company’s primary financial regulatory agency, that an alternative action by the Council or the agency (including applying new or heightened standards and safeguards under section 120), or a written plan submitted promptly by the company, is impracticable or insufficient to mitigate the threat the company could pose to U.S. financial stability.
Amend subsection (f)(1) by replacing the cross-reference "subsection (e)" with "subsections (a)(3) and (e)", thereby explicitly including the new initial-determination paragraph in the referenced provisions.
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Who is affected and how:
Nonbank financial companies (e.g., asset managers, insurers, hedge funds, other large nonbank firms): These firms gain a required consultation process and a formal opportunity to present mitigation plans before FSOC may vote to designate them as systemically important. That can delay or reduce the chance of designation if alternative measures are feasible and accepted.
Primary federal financial regulators (the company’s prudential regulator): Regulators will be formally consulted and their assessments must be considered, increasing their role and influence in the pre-designation process.
Financial Stability Oversight Council (FSOC): FSOC must document an initial determination that alternatives are impracticable or insufficient, adding procedural steps and legal/administrative recordkeeping to the designation process. This raises the bar for designations and may slow the Council’s ability to move quickly.
Broader financial system and market participants: Potentially mixed effects — by requiring more consultation and consideration of alternatives, the change could reduce regulatory surprise and encourage remediation plans, but it could also slow the imposition of stricter safeguards on firms that pose systemic risk, with implications for systemic risk mitigation timing.
Net effect: The amendment is primarily procedural, increasing due process and interagency/company consultation before designation. It does not change the substantive tools available to regulators, nor does it create new funding obligations. It may make designations less rapid or more contested, and it strengthens the role of primary regulators and company remediation in the risk-mitigation sequence.
Referred to the House Committee on Financial Services.
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Last progress June 3, 2025 (8 months ago)
Introduced on June 3, 2025 by Bill Foster
Updated 6 days ago
Last progress December 18, 2025 (1 month ago)