Musical Chairs at the SEC

December 17, 2024

After Senate Banking Committee Chairman Sherrod Brown (D-OH) postponed a hearing to vote on President Joe Biden's nomination of Caroline Crenshaw to serve another term at the Securities and Exchange Commission (SEC), Republicans blocked his attempt to reschedule the Committee’s hearing.

In a statement to Politico, Brown said:

“Corporate special interests have run a disgusting smear campaign against Caroline Crenshaw, an Army reservist and public servant who has been nominated and confirmed by a Republican President and Republican Senate. Republican Senators are doing the bidding of corporate special interests and standing in the way of her confirmation.” 

According to Politico, cryptocurrency advocates are particularly opposed to Crenshaw.

If Crenshaw were not confirmed for a second term, her seat could be used for Paul Atkins, President-elect Donald Trump’s nominee as SEC chair, giving him the longest runway as this seat would not expire until 2029.

  • Atkins can be nominated for any open Commission slot and designated Chair regardless of the specific seat he is given.

Trump can employ unusual tactics to try and ensure that the SEC reflects his party’s priorities.

  • The SEC cannot seat more than three members of the same party and, traditionally, the President nominates individuals recommended by the senior Senate Banking Committee member of the opposite party.
  • However, there is no rule that precludes the nomination of an Independent or members of another party, like the Green or Libertarian parties.
  • Furthermore, the SEC is not statutorily required to have more than three commissioners. Therefore, a scenario in which the SEC’s leadership is composed of three Republicans (Atkins as Chair and Hester Peirce and Mark Uyeda, current Republican Commissioners) is highly possible for the foreseeable future.

In other regulatory agency news, according to the Wall Street Journal, Trump’s advisors have been asking if the Federal Deposit Insurance Corporation (FDIC) could be abolished, with the deposit insurance fund folded into Treasury.

While eliminating the FDIC requires an act of Congress and likely would not clear the 60-vote threshold in the Senate, these inquiries give a sense of the potentially unprecedented steps the Trump administration is prepared to take on the regulatory front.

CREFC will continue to update its membership on significant policy, personnel, and structural changes at the regulatory agencies.

Contact Sairah Burki (sburki@crefc.org) with questions.
 

Contact 

Sairah Burki
Managing Director, Head of Regulatory
Affairs & Sustainability
703.201.4294
sburki@crefc.org
The information provided herein is general in nature and for educational purposes only. CRE Finance Council makes no representations as to the accuracy, completeness, timeliness, validity, usefulness, or suitability of the information provided. The information should not be relied upon or interpreted as legal, financial, tax, accounting, investment, commercial or other advice, and CRE Finance Council disclaims all liability for any such reliance. © 2024 CRE Finance Council. All rights reserved.

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