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Republican lawmakers are considering shutting down the US audit regulator, the Public Company Accounting Oversight Board (PCAOB), which was established in response to the Enron scandal over two decades ago. This move is part of a larger reform package aimed at advancing Donald Trump’s deregulatory agenda.
The proposal to eliminate the independent PCAOB was revealed by the House Committee on Financial Services as part of a comprehensive tax and spending bill currently under review by Congress. The plan involves discontinuing the levy on listed companies and broker-dealers that funds the PCAOB and transferring its responsibilities to the Securities and Exchange Commission (SEC).
The PCAOB was created to supervise audit standards and conduct regular inspections of firms auditing US public companies following the Enron collapse in 2001, which highlighted deficiencies in the previous self-regulatory system. Under the leadership of chair Erica Williams, the agency has enforced stringent new standards and imposed record fines in enforcement actions, much to the dismay of accounting firms.
While efforts to abolish the PCAOB are expected to face opposition from Democrats and potentially from audit firms, the Center for Audit Quality, representing major firms, has advocated for the agency to be more responsive without explicitly calling for its elimination. If the agency is dissolved, PCAOB employees may have the opportunity to transfer to the SEC, albeit with potential pay cuts due to differences in government pay scales.
Critics argue that dismantling the PCAOB could significantly disrupt the audit-firm inspection process. However, PCAOB board member Christina Ho, who has opposed some of Williams’s initiatives, noted that SEC salaries may be more competitive, aiding in talent recruitment and retention.
In addition to targeting the PCAOB, the draft legislation also reevaluates a green retrofitting program under Joe Biden’s climate legislation and reduces the budget of the Consumer Financial Protection Bureau. The fate of this proposal hinges on negotiations within the Republican leadership and whether it is deemed a budgetary measure for inclusion in the tax and spending bill.
Sandy Peters, head of global advocacy at the CFA Institute, emphasized the importance of an independent audit regulator for maintaining high audit quality in capital markets. She cautioned that dismantling the PCAOB could disrupt capital formation, highlighting the need for a strong and independent regulatory body in the financial sector.