The "Fair Audits and Inspections for Regulators' Exams Act" (FAIR Exams Act) aims to enhance the efficiency and fairness of the examination process for financial institutions conducted by federal regulatory agencies. It introduces specific deadlines for various stages of the examination process, requiring agencies to complete examinations within 270 days and provide final reports within 90 days of the exit interview or receipt of additional information. Furthermore, agencies must conduct an exit interview with senior management within 30 days of completing an examination and, upon request, include an appendix listing all factual information relied upon for material supervisory determinations. The Act also mandates timely responses from federal financial institutions regulatory agencies (FFIRAs) to requests for regulatory guidance. Financial institutions can seek written determinations on activity non-objection, interpretation of laws/regulations, or accounting principles, with agencies required to acknowledge requests within 30 days and provide a determination within 60 days of receiving complete information. Summaries of these determinations, with confidential information redacted, must be published on the agencies' public websites. A significant provision of the bill is the establishment of an Office of Independent Examination Review within the Federal Financial Institutions Examination Council, headed by a three-member Board. This Office is tasked with investigating complaints from financial institutions regarding examinations, reviewing agency procedures for consistency, and conducting quality assurance. It also plays a crucial role in independently reviewing supervisory appeals, and financial institutions are granted the right to an independent review of material supervisory determinations contained in final examination reports. They must file a notice with the Board within 60 days , and the Board will conduct a de novo review, meaning it will not defer to the examiner's opinions, with institutions able to elect for a hearing and obtain testimony. The Board's decision is a final agency action, subject to judicial review, and the bill explicitly prohibits FFIRAs from retaliating against financial institutions for exercising these appellate rights.
Administrative remediesAdvisory bodiesBanking and financial institutions regulationConsumer Financial Protection BureauGovernment information and archivesJudicial review and appeals
FAIR Exams Act
USA119th CongressHR-940| House
| Updated: 7/25/2025
The "Fair Audits and Inspections for Regulators' Exams Act" (FAIR Exams Act) aims to enhance the efficiency and fairness of the examination process for financial institutions conducted by federal regulatory agencies. It introduces specific deadlines for various stages of the examination process, requiring agencies to complete examinations within 270 days and provide final reports within 90 days of the exit interview or receipt of additional information. Furthermore, agencies must conduct an exit interview with senior management within 30 days of completing an examination and, upon request, include an appendix listing all factual information relied upon for material supervisory determinations. The Act also mandates timely responses from federal financial institutions regulatory agencies (FFIRAs) to requests for regulatory guidance. Financial institutions can seek written determinations on activity non-objection, interpretation of laws/regulations, or accounting principles, with agencies required to acknowledge requests within 30 days and provide a determination within 60 days of receiving complete information. Summaries of these determinations, with confidential information redacted, must be published on the agencies' public websites. A significant provision of the bill is the establishment of an Office of Independent Examination Review within the Federal Financial Institutions Examination Council, headed by a three-member Board. This Office is tasked with investigating complaints from financial institutions regarding examinations, reviewing agency procedures for consistency, and conducting quality assurance. It also plays a crucial role in independently reviewing supervisory appeals, and financial institutions are granted the right to an independent review of material supervisory determinations contained in final examination reports. They must file a notice with the Board within 60 days , and the Board will conduct a de novo review, meaning it will not defer to the examiner's opinions, with institutions able to elect for a hearing and obtain testimony. The Board's decision is a final agency action, subject to judicial review, and the bill explicitly prohibits FFIRAs from retaliating against financial institutions for exercising these appellate rights.
Administrative remediesAdvisory bodiesBanking and financial institutions regulationConsumer Financial Protection BureauGovernment information and archivesJudicial review and appeals