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Office Hours with Gary Gensler: Why Does the SEC Take Time When Developing Public Policies?

June 8, 2022

This video can be viewed at the below link.[1]                         

So, I’ve never been asked to come on Jimmy Kimmel Live. I wonder if he’d have me on if I read some mean tweets.

Nope, can’t read that one out loud. Not that one either.

Oh, here’s one. “All talk, no action.” OK, could be worse.

Here’s another: “Blah blah blah” Here’s one more: “SEC at work,” with a gif of a tortoise walking really slowly. Wait, wait – is it pronounced giff, or jiff?

Anyway, I’m starting to see a theme here. In fact, I’ve noticed that a lot of folks on Twitter wonder why the Securities and Commission proposes so many new rules, rather than simply “pass” them.

I’m passionate about reforming our markets so they work best for you, the public. But you see, there’s a law we rely on to go through a process. It’s called the Administrative Procedure Act. This law governs how federal agencies like the SEC can develop new policies.

So how does it work? Well, you might recall the Schoolhouse Rock song, “I’m Just A Bill”? Well, this is a little bit different. Congress gave certain authorities to the SEC and other agencies, and regulators can make proposals, but we get feedback from the public and develop final rules that stand the test of time.

For example, SEC staff have been working on projects related to equity markets, something called special purpose acquisition companies (SPACs), and public company disclosures like climate-risk disclosure.

The Commission will consider proposals from staff. And if the Commission votes to issue the proposal, then you, the public, gets to weigh in on it during a comment period. Our staff reviews all of this feedback and, where appropriate, revises the recommendation. And it’s then that the Commission may adopt a final rule.

All this can take months — even years sometimes. The process helps ensure that we consider your input and stay within our mission and the chalk lines of our authority. That leads to better and more sustainable rulemaking.

We have a number of proposals that are out for comment right now, and I encourage you to go to sec.gov to weigh in.

So though it might seem frustrating to watch a tortoise in action—as the old fable shows, there are benefits to pacing oneself.

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