[House Report 119-244]
[From the U.S. Government Publishing Office]


119th Congress }                                          { Report 
                        HOUSE OF REPRESENTATIVES
  1st Session   }                                         { 119-244


======================================================================
 
                     FDIC BOARD ACCOUNTABILITY ACT

                                _______
                                

 September 8, 2025.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

    Mr. Hill of Arkansas, from the Committee on Financial Services, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 3446]

    The Committee on Financial Services, to whom was referred 
the bill (H.R. 3446) to amend the Federal Deposit Insurance Act 
to revise the membership requirements for the Board of 
Directors of the Federal Deposit Insurance Corporation, and for 
other purposes, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Committee Consideration..........................................     2
Related Hearings.................................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     5
Performance Goals and Objectives.................................     5
Committee Cost Estimate..........................................     5
New Budget Authority and CBO Cost Estimate.......................     5
Unfunded Mandates Statement......................................     5
Earmark Statement................................................     6
Federal Advisory Committee Act Statement.........................     6
Applicability to the Legislative Branch..........................     6
Duplication of Federal Programs..................................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     6
Minority Views...................................................    10

                          Purpose and Summary

    H.R. 3446, the FDIC Board Accountability Act, was 
introduced on May 15, 2025, by Republican Representative Bill 
Huizenga (MI-04). H.R. 3446 amends the Federal Deposit 
Insurance Act to strengthen the professional qualifications and 
governance of the Federal Deposit Insurance Corporation (FDIC) 
Board of Directors. Specifically, it requires that at least one 
of the presidentially appointed board members have state bank 
supervisory experience, and separately, that one have 
demonstrated primary experience working in or supervising 
depository institutions with less than $10 billion in assets. 
The bill preserves the position of the Comptroller of the 
Currency as a voting Board member and converts the Director of 
the Consumer Financial Protection Bureau (CFPB) from a voting 
Board member into a non-voting observer. Additionally, it 
limits board service to no more than two terms and a maximum of 
12 years total, ensuring regular infusion of fresh perspectives 
and reducing potential for entrenched partisanship.

                  Background and Need for Legislation

    The FDIC plays a critical role in ensuring the safety and 
soundness of the U.S. banking system. However, recent events 
revealed vulnerabilities in FDIC Board governance and 
politicization of agency functions. Most notably, in 2020, the 
CFPB Director and other Democratic members of the FDIC Board 
bypassed the Chair to pursue a partisan regulatory agenda, 
raising concerns about internal board conflict and diminished 
institutional independence.\1\ These actions risked 
destabilizing the agency's neutral supervisory role and 
injected uncertainty into financial markets at a time when 
stability was paramount.
---------------------------------------------------------------------------
    \1\Emily Flitter, How Bank Regulators are Trying to Oust a Trump 
Holdover, N.Y. Times (Dec. 13, 2021), https://www.nytimes.com/2021/12/
10/business/jelena-mcwilliams-fdic-bank-regulation-trump.html.
---------------------------------------------------------------------------
    H.R. 3446 enhances accountability by requiring specific 
expertise among Board members and setting term limits to 
prevent entrenchment. By ensuring the Board includes members 
with relevant experience at smaller banks and state supervisory 
agencies, the bill promotes balanced, informed decision-making 
that reflects the diversity of the banking sector. The bill 
also restores balance by removing the CFPB Director's voting 
authority, enabling the CFPB to focus exclusively on consumer 
protection without overstepping into prudential regulation. 
This governance structure promotes a more stable and 
independent FDIC, better equipped to respond effectively to 
systemic risks and supervisory challenges in a nonpartisan, 
professional manner.

                        Committee Consideration


                             119TH CONGRESS

    On May 15, 2025, Representative Huizenga introduced H.R. 
3446, the FDIC Board Accountability Act, with Representatives 
Andy Barr (R-KY), Daniel Meuser (R-PA), and John Rose (R-TN) as 
original cosponsors. The bill was referred solely to the 
Committee on Financial Services.
    This bill was attached to the April 29, 2025 hearing titled 
``Regulatory Overreach: The Price Tag on American Prosperity'' 
and the July 15, 2025 hearing titled, ``Dodd-Frank Turns 15: 
Lessons Learned and the Road Ahead.''
    On June 10, 2025, the Committee on Financial Services met 
in open session to consider, among others, H.R. 3446. The 
Committee ordered H.R. 3446 to be favorably reported to the 
House of Representatives.

                             118TH CONGRESS

    On March 7, 2023, Representative Blaine Luetkemeyer (R-MO) 
introduced H.R. 1409, the FDIC Board Accountability Act, with 
Representative Mark Alford (R-MO) as original cosponsor. This 
bill is an earlier iteration of H.R. 3446. The bill was 
referred solely to the Committee on Financial Services. There 
was no further action on the bill in the 118th Congress.

                            Related Hearings

    Pursuant to clause 3(c)(6) of rule XIII of the Rules of the 
House of Representatives, the following hearings were used to 
develop H.R. 3446:
    The Subcommittee on Financial Institutions of the Committee 
on Financial Services held an April 29, 2025, hearing titled 
``Regulatory Overreach: The Price Tag on American Prosperity.'' 
A discussion draft version of the bill was attached to the 
hearing. The following witnesses testified: Ms. Sarah Christine 
Flowers, Senior Vice President, Senior Associate General 
Counsel, Bank Policy Institute; Mr. Michael Radcliffe, Chairman 
& Chief Executive Officer, Community Financial Services Bank; 
Mrs. Margaret E. Tahyar, Partner, Head of Financial 
Institutions Group, Davis Polk & Wardwell LLP; and The 
Honorable Graham Steele, Academic Fellow, Rock Center for 
Corporate Governance, Stanford Law School.
    The Committee on Financial Services held a July 15, 2025, 
hearing titled ``Dodd-Frank Turns 15: Lessons Learned and the 
Road Ahead.'' H.R. 3666 was attached to the hearing. The 
following witnesses testified: The Honorable Ken Bentsen, 
President and Chief Executive Officer, Securities Industry and 
Financial Markets Association; Mrs. Lindsey Johnson, President 
and Chief Executive Officer, Consumer Bankers Association; Mr. 
Tom Quaadman, Chief of Government Affairs and Public Policy, 
Investment Company Institute; Dr. Paul Kupiec, Senior Fellow, 
American Enterprise Institute; and Mr. Dennis Kelleher, Co-
Founder, President, and Chief Executive Officer, Better 
Markets.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee Report to include record 
votes on the motion to report legislation and amendments 
thereto.
    On July 23, 2025, the Committee ordered H.R. 3446 to be 
reported favorably to the House by a recorded vote of 26 yeas 
and 23 nays. (Record Vote No. FC-189).


                      Committee Oversight Findings

    Pursuant to clause 3(c) of rule XIII of the Rules of the 
House of Representatives, the findings and recommendations of 
the Committee, based on oversight activities under clause 
2(b)(1) of rule X of the Rules of the House of Representatives 
are incorporated in the descriptive portions of this report.

                    Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the goal of H.R. 3446 is to 
strengthen the professional qualifications and governance of 
the FDIC Board of Directors by requiring that at least one of 
the presidentially appointed board members have state bank 
supervisory experience, and separately, that one have 
demonstrated primary experience working in or supervising 
depository institutions with less than $10 billion in assets. 
to strengthen the professional qualifications and governance of 
the FDIC Board of Directors by requiring that at least one of 
the presidentially appointed board members have state bank 
supervisory experience, and separately, that one have 
demonstrated primary experience working in or supervising 
depository institutions with less than $10 billion in assets.

                        Committee Cost Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison of the 
costs that would be incurred in carrying out H.R. 3446. The 
Committee has requested but not received a cost estimate from 
the Director of the Congressional Budget Office. However, 
pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee will adopt as its own 
the cost estimate by the Director of the Congressional Budget 
Office once it has been prepared.

               New Budget Authority and CBO Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee will adopt as 
its own the cost estimate for the bill prepared by the Director 
of the Congressional Budget Office. However, a cost estimate 
was not made available to the Committee in time for the filing 
of this report. The Chairman of the Committee shall cause such 
estimate to be printed in the Congressional Record upon its 
receipt by the Committee.

                      Unfunded Mandates Statement

    The Committee has requested but not received from the 
Director of the Congressional Budget Office an estimate of the 
Federal mandates pursuant to section 423 of the Unfunded 
Mandates Reform Act. The Chairman of the Committee shall cause 
such estimate to be printed in the Congressional Record upon 
its receipt by the Committee.

                           Earmark Statement

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.

                Federal Advisory Committee Act Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee states that no 
provision of the bill establishes or reauthorizes a program of 
the Federal Government known to be duplicative of another 
Federal program, including any program that was included in a 
report to Congress pursuant to section 21 of the Public Law 
111-139 or the most recent Catalog of Federal Domestic 
Assistance.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 provides the short title is the ``FDIC Board 
Accountability Act.''

Section 2. FDIC Board of Directors

    This section amends Section 2 of the Federal Deposit 
Insurance Act to require 4 members of the FDIC Board be 
appointed by the President and confirmed by the Senate, one of 
whom shall have State bank supervisory experience, and 
separately one of whom shall demonstrate primary experience 
working in or supervising depository institutions with less 
than $10 billion in total assets.
    This section designates the Director of the Bureau of 
Consumer Financial Protection as a non-voting observer to the 
FDIC Board.
    This Section places a maximum length of service limit of 12 
years for a member to serve on the FDIC Board.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                     FEDERAL DEPOSIT INSURANCE ACT



           *       *       *       *       *       *       *
SEC. 2. MANAGEMENT.

  (a) Board of Directors.--
          (1) In general.--The management of the Corporation 
        shall be vested in a Board of Directors consisting of 5 
        members--
                  (A) 1 of whom shall be the Comptroller of the 
                Currency; and
                  [(B) 1 of whom shall be the Director of the 
                Consumer Financial Protection Bureau; and
                  [(C) 3 of whom shall be appointed by the 
                President, by and with the advice and consent 
                of the Senate, from among individuals who are 
                citizens of the United States, 1 of whom shall 
                have State bank supervisory experience.]
                  (B) 4 of whom shall be appointed by the 
                President, by and with the advice and consent 
                of the Senate, from among individuals who are 
                citizens of the United States, 1 of whom shall 
                have State bank supervisory experience, and 
                separately 1 of whom shall have demonstrated 
                primary experience working in or supervising 
                depository institutions having less than 
                $10,000,000,000 in total assets.
          (2) Political affiliation.--After February 28, 1993, 
        not more than 3 of the members of the Board of 
        Directors may be members of the same political party.
          (3) Non-voting status of the director of the bureau 
        of consumer financial protection.--The Director of the 
        Bureau of Consumer Financial Protection shall serve as 
        a non-voting observer to the Board of Directors of the 
        Corporation.
  (b) Chairperson and Vice Chairperson.--
          (1) Chairperson.--1 of the appointed members shall be 
        designated by the President, by and with the advice and 
        consent of the Senate, to serve as Chairperson of the 
        Board of Directors for a term of 5 years.
          (2) Vice chairperson.--1 of the appointed members 
        shall be designated by the President, by and with the 
        advice and consent of the Senate, to serve as Vice 
        Chairperson of the Board of Directors.
          (3) Acting chairperson.--In the event of a vacancy in 
        the position of Chairperson of the Board of Directors 
        or during the absence or disability of the Chairperson, 
        the Vice Chairperson shall act as Chairperson.
  (c) Terms.--
          (1) Appointed members.--Each appointed member shall 
        be appointed for a term of 6 years. No individual may 
        be appointed as a member for more than two terms.
          (2) Interim appointments.--Any member appointed to 
        fill a vacancy occurring before the expiration of the 
        term for which such member's predecessor was appointed 
        shall be appointed only for the remainder of such term.
          (3) Continuation of service.--The Chairperson, Vice 
        Chairperson, and each appointed member may continue to 
        serve after the expiration of the term of office to 
        which such member was appointed until a successor has 
        been appointed and qualified.
          (4) Maximum length of service.--Notwithstanding any 
        other provision of this Act, no person shall serve as a 
        member for more than twelve years in total.
  (d) Vacancy.--
          (1) In general.--Any vacancy on the Board of 
        Directors shall be filled in the manner in which the 
        original appointment was made.
          (2) Acting officials may serve.--In the event of a 
        vacancy in the office of the Comptroller of the 
        Currency or the office of Director of the [Consumer 
        Financial Protection Bureau] Bureau of Consumer 
        Financial Protection and pending the appointment of a 
        successor, or during the absence or disability of the 
        Comptroller of the Currency or the Director of the 
        [Consumer Financial Protection Bureau] Bureau of 
        Consumer Financial Protection, the acting Comptroller 
        of the Currency or the acting Director of the [Consumer 
        Financial Protection Bureau] Bureau of Consumer 
        Financial Protection, as the case may be, shall be a 
        member or observer, as the case may be, of the Board of 
        Directors in the place of the Comptroller or Director.
  (e) Ineligibility for Other Offices.--
          (1) Postservice restriction.--
                  (A) In general.--No member of the Board of 
                Directors may hold any office, position, or 
                employment in any insured depository 
                institution or any depository institution 
                holding company during--
                          (i) the time such member is in 
                        office; and
                          (ii) the 2-year period beginning on 
                        the date such member ceases to serve on 
                        the Board of Directors.
                  (B) Exception for members who serve full 
                term.--The limitation contained in subparagraph 
                (A)(ii) shall not apply to any member who has 
                ceased to serve on the Board of Directors after 
                serving the full term for which such member was 
                appointed.
          (2) Restriction during service.--No member of the 
        Board of Directors may--
                  (A) be an officer or director of any insured 
                depository institution, depository institution 
                holding company, Federal Reserve bank, or 
                Federal home loan bank; or
                  (B) hold stock in any insured depository 
                institution or depository institution holding 
                company.
          (3) Certification.--Upon taking office, each member 
        of the Board of Directors shall certify under oath that 
        such member has complied with this subsection and such 
        certification shall be filed with the secretary of the 
        Board of Directors.
  (f) Status of Employees.--
          (1) In general.--A director, member, officer, or 
        employee of the Corporation has no liability under the 
        Securities Act of 1933 with respect to any claim 
        arising out of or resulting from any act or omission by 
        such person within the scope of such person's 
        employment in connection with any transaction involving 
        the disposition of assets (or any interests in any 
        assets or any obligations backed by any assets) by the 
        Corporation. This subsection shall not be construed to 
        limit personal liability for criminal acts or 
        omissions, willful or malicious misconduct, acts or 
        omissions for private gain, or any other acts or 
        omissions outside the scope of such person's 
        employment.
          (2) Definition.--For purposes of this subsection, the 
        term ``employee of the Corporation'' includes any 
        employee of the Office of the Comptroller of the 
        Currency [or of the Consumer Financial Protection 
        Bureau] who serves as a deputy or assistant to a member 
        of the Board of Directors of the Corporation in 
        connection with activities of the Corporation.
          (3) Effect on other law.--This subsection does not 
        affect--
                  (A) any other immunities and protections that 
                may be available to such person under 
                applicable law with respect to such 
                transactions, or
                  (B) any other right or remedy against the 
                Corporation, against the United States under 
                applicable law, or against any person other 
                than a person described in paragraph (1) 
                participating in such transactions.
        This subsection shall not be construed to limit or 
        alter in any way the immunities that are available 
        under applicable law for Federal officials and 
        employees not described in this subsection.

           *       *       *       *       *       *       *


                             MINORITY VIEWS

    H.R. 3446 would remove the Consumer Financial Protection 
Bureau (CFPB) Director as a voting member of the Federal 
Deposit Insurance Corporation (FDIC) board, mandate the 
appointment of a member with experience in small depository 
institutions, and limit board members' terms to twelve years. 
One reason Congress put CFPB's Director on the FDIC board in 
the Dodd-Frank Wall Street Reform and Consumer Protection Act 
was because the FDIC has a joint prudential and consumer 
protection mandate, including examining most of its banks that 
have less than $10 billion in assets for consumer compliance. 
Furthermore, this bill does nothing to prevent or stop 
President Trump's recent attacks on the independence of the 
FDIC and other financial regulators.
    The FDIC Is the primary federal regulator of state banks 
that are not members of the Federal Reserve System and state-
chartered thrift institutions. They examine those banks for 
safety and soundness, and, for most of their banks that have 
less than $10 billion in assets, they also examine them for 
consumer protection. (The CFPB examines banks with more than 
$10 billion in assets, in addition to certain non-depository 
institutions, for consumer compliance). The FDIC also manages 
the Deposit Insurance Fund (DIF) and is tasked with resolving 
banks that fail, as well as large non-bank financial 
institutions that need to be resolved through the Orderly 
Liquidation Authority (OLA), which was created by Dodd-Frank to 
avoid having another disorderly bankruptcy, like Lehman 
Brothers which fueled the 2008 financial crisis.\1\
---------------------------------------------------------------------------
    \1\CRS, Who Regulates Whom? An Overview of the U.S. Financial 
Regulatory Framework (Oct. 13, 2023).
---------------------------------------------------------------------------
    The FDIC is led by a five-member Board of Directors, which 
consists of a Chairman, a Vice Chairman, and a third appointed 
director. The two other members are the Comptroller of the 
Currency and the CFPB Director. No more than three Directors 
may be of the same political party (which typically means the 
Vice Chairman and third-appointed Director are from the 
opposite party of the President). Chairs and Vice Chairs have 
five-year terms, and Directors have six-year terms. There is no 
limit on how many terms these officials may serve. Dodd-Frank 
placed the CFPB Director on the FDIC Board given some of the 
shared responsibilities, for example, how FDIC examines small 
banks with less than $10 billion for compliance with Federal 
consumer laws for which the CFPB writes the implementing rules. 
CFPB is also required to consult with the FDIC and other bank 
regulators when issuing its rules.
    H.R. 3446 is a partisan bill first introduced several years 
ago by House Republicans as a political attack against then-
CFPB Director Rohit Chopra and then-FDIC Director Marty 
Gruenberg, when they served on the FDIC Board along with former 
FDIC Chairwoman Jelena McWilliams. House Republicans claimed 
Chopra and Gruenberg exceeded their authority by seeking to 
advance a proposal to request public comment on how the FDIC 
could strengthen their bank merger review policies over 
Chairwoman McWilliams' objections.\2\ The Department of 
Justice, however, wrote a legal opinion making clear that 
Chopra and Gruenberg acted appropriately, and that an FDIC 
Chair lacks authority to block a proposal supported by the 
majority of the FDIC Board.\3\ Chair McWilliams resigned 
shortly thereafter, and House Republicans introduced this bill 
to ``ensure the FDIC remains an independent agency removed from 
the political whims of partisan ideologues like we saw on 
December 9th.''\4\
---------------------------------------------------------------------------
    \2\FSC, Luetkemeyer, McHenry, Emmer Demand Answers on CFPB Attempt 
to Usurp FDIC Authority (Mar. 7, 2022).
    \3\DOJ. Authority of a Majority of the FDIC Board to Present Items 
for Vote and Decision (Jul. 29, 2022). Also see FSC, Waters Blasts FDIC 
Chairman McWilliams `Attempt to Block Bank Merger Protections for 
Working Families (Dec. 16, 2021); and FSC, Waters Requests FDIC 
Chairman Provide Legal Basis for Impeding Board Majority's Request for 
Public Input on Merger Reviews (Dec. 21, 2021).
    \4\FSC, Luetkemeyer, McHenry, Emmer Demand Answers on CFPB Attempt 
to Usurp FDIC Authority (Mar. 7, 2022).
---------------------------------------------------------------------------
    Notably, President Trump has arguably taken significant 
actions to undermine the independence of Federal agencies that 
this bill does not address. For example, Trump has tried to 
fire a number of Democratic commissioners from various 
independent agencies, like the NCUA and FTC. Trump also took 
the unprecedented step to seize significant control over 
independent regulators like the Fed by requiring White House 
review and approval of all rules as well as agency budgets.\5\ 
Despite their earlier concerns about political independence at 
the FDIC, Republicans have done nothing to rein in these 
actions nor does this bill otherwise strengthen the actual 
independence of agencies like the FDIC. In fact, this bill 
would remove the only voting person on the FDIC Board that is 
effectively a consumer financial protection expert, with their 
primary job being a CFPB Director.\6\ This bill is opposed by 
the Americans for Financial Reform and Public Citizen.
---------------------------------------------------------------------------
    \5\White House, Executive Order 14215, Ensuring Accountability for 
All Agencies (Feb. 18, 2025). Also see White House, OMB Interim 
Guidance Implementing Section 3 of EO 14215 (Apr. 17, 2025).
    \6\Testimony of Graham Steele before FSC hearing, Regulatory 
Overreach: The Price Tag on American Prosperity (Apr. 29, 2025).
---------------------------------------------------------------------------
    For all of these reasons, we oppose H.R. 3446.
            Sincerely,
                                   Maxine Waters,
                                           Ranking Member.
                                   Nydia M. Velazquez,
                                   Brad Sherman,
                                   David Scott,
                                   Stephen F. Lynch,
                                   Al Green,
                                   Emanuel Cleaver, II,
                                   Bill Foster,
                                   Joyce Beatty,
                                   Juan Vargas,
                                   Sean Casten,
                                   Ayanna Pressley,
                                   Rashida Tlaib,
                                   Sylvia R. Garcia,
                                   Nikema Williams,
                                   Cleo Fields,
                                           Members of Congress.

                                  [all]