H.R. 940 (119th)Bill Overview

FAIR Exams Act

Finance and Financial Sector|Administrative remediesAdvisory bodies
Cosponsors
Support
Republican
Introduced
Feb 4, 2025
Discussions
Bill Text
Current stageCommittee

Placed on the Union Calendar, Calendar No. 176.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

This bill (FAIR Exams Act) amends the Federal Financial Institutions Examination Council Act to impose timelines and transparency requirements for regulatory examinations, require exit interviews, and obligate agencies to provide written determinations on requested interpretive guidance. It creates an Office of Independent Examination Review with a three‑member Board to investigate complaints, perform quality assurance, and hear independent appeals of material supervisory determinations.

Why people may split

Progressive worries binding de novo review weakens supervisory enforcement.

Watch point

Relative to its intended legislative type, this bill is a substantive statutory reform that is generally well-constructed: it defines concrete mechanisms, integrates with existing statutes, establishes an independent review body with defined powers and reporting duties, and builds in multiple accountability measures.

This bill (FAIR Exams Act) amends the Federal Financial Institutions Examination Council Act to impose timelines and transparency requirements for regulatory examinations, require exit interviews, and obligate agencies to provide written determinations on requested interpretive guidance.

It creates an Office of Independent Examination Review with a three‑member Board to investigate complaints, perform quality assurance, and hear independent appeals of material supervisory determinations.

The Board may decide de novo, its decisions bind the agency and the institution, and institutions may seek judicial review.

Passage30/100

Moderate stakeholder support balanced by regulatory resistance, significant procedural changes, confirmation requirements, and litigation risk reduce prospects.

CredibilityPartially aligned

Relative to its intended legislative type, this bill is a substantive statutory reform that is generally well-constructed: it defines concrete mechanisms, integrates with existing statutes, establishes an independent review body with defined powers and reporting duties, and builds in multiple accountability measures.

Contention65/100

Progressive worries binding de novo review weakens supervisory enforcement.

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Likely helpedLikely burdened

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Potential benefitShorter, defined timelines could reduce regulatory uncertainty for financial institutions making business decisions.
  • Potential benefitA formal request-and-response pathway could deliver clearer, faster regulatory and accounting guidance to institutions.
  • Potential benefitAn independent review board may increase perceived fairness and provide a neutral forum for disputed supervisory findin…
Likely burdened
  • Potential burdenFixed deadlines and mandatory procedures could increase administrative burden and staffing needs for regulators.
  • Potential burdenBinding de novo reviews and appellate rights may increase appeals and litigation, raising agencies’ legal costs.
  • Potential burdenProcedural constraints might reduce regulators’ flexibility to act quickly on safety and soundness concerns.
03 · Why people split

Why the argument around this bill splits.

Progressive worries binding de novo review weakens supervisory enforcement.
Progressive30%

Likely skeptical.

The bill improves procedural fairness and transparency for banks but could constrain supervisors' discretion to address risks.

The safety‑and‑soundness exception alleviates some concerns, but binding de novo review may weaken enforcement and consumer protection outcomes.

Likely resistant
Centrist55%

Pragmatic but cautious.

The bill standardizes timelines and dispute-resolution which may reduce uncertainty for institutions while preserving urgent safety actions.

Implementation details, costs, and limits on agency flexibility raise questions needing technical fixes.

Split reaction
Conservative80%

Generally favorable.

The bill imposes enforceable timelines, increases transparency, and creates an independent appeals board to curb arbitrary supervisory actions.

It enhances business certainty and limits regulator discretion, while allowing safety interventions.

Leans supportive
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood30/100

Moderate stakeholder support balanced by regulatory resistance, significant procedural changes, confirmation requirements, and litigation risk reduce prospects.

Scope and complexity
52%
Scopemoderate
86%
Complexityhigh
Why this could stall
  • Absent budget/CBO cost estimate for new Office and assessments
  • Extent of support or opposition from federal regulators
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Progressive worries binding de novo review weakens supervisory enforcement.

Moderate stakeholder support balanced by regulatory resistance, significant procedural changes, confirmation requirements, and litigation r…

Unlocked analysis

Relative to its intended legislative type, this bill is a substantive statutory reform that is generally well-constructed: it defines concrete mechanisms, integrates with existing statutes, establishes an independent re…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
Open full analysis