Financial Services Report

Looking Ahead
Near Term

  • Both the House and Senate are in Recess this week.
  • The CFPB is expected to announce a Notice of Proposed Rulemaking (NPRM) for it long awaited small dollar lending rule on June 2nd
  • The Fed is expected to announce a NPRM for its insurance capital standards rules on June 3rd

Further Out

  • House Financial Services Chairman Jeb Hensarling is expected to unveil his alternative to Dodd-Frank on June 7th
  • The FTC will hold a workshop on FinTech on June 9th
  • The OCC will hold its own forum on FinTech on June 23rd

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Health Policy Report

The Week in Review

Before breaking for Memorial Day on Friday, lawmakers in both chambers tried to clear the decks on bipartisan measures with mixed success. In the House, a rewrite of the 1976 Toxic Substances Control Act (H.R. 2576) – which governs regulations for toxins used in the manufacture of consumer products – was passed on an overwhelming vote of 403-12 on Tuesday. The Senate aimed to pass the measure and send it to the president’s desk before the Memorial Day recess, but a last-second objection from Sen. Rand Paul (R-KY) pushed a final vote on the bill into June. The bill will likely be near the top of the Senate’s agenda when the chamber returns and remains on track for final passage with support from most senators of both parties. 

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Today on the Hill: Before Recess, TSCA Holdup in Senate; House Shoots Down Energy-Water Spending Bill

Both chambers are leaving Washington today ahead of a weeklong recess in honor of Memorial Day. Yesterday, both the House and Senate experienced frustrations in their attempts to advance legislation before the holiday. House lawmakers from both parties objected to amendments added to the Water-Energy Development spending bill (H.R. 5055), ultimately leading to the measure’s failure on a 112-305 vote. On a more positive note, the House named conferees for an energy efficiency bill (S. 2012) passed by the chamber on Wednesday that would streamline natural gas permitting and modernize the nation’s electrical grid. 

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Today on the Hill: Energy-Water Approps Vote in House; NDAA, TSCA in Senate

As lawmakers in both chambers prepare to break for the Memorial Day recess, the House plans to pass the fiscal 2017 Energy and Water Development spending bill (H.R. 5055) that would fund Energy Department and Army Corps of Engineers programs. The bill contains controversial amendments from both parties, including one that would bar the government from contracting with businesses that discriminate against LGBT individuals. A similar amendment caused chaos on the House floor last week after it was narrowly defeated. The House iteration of the Energy-Water spending bill also includes language blocked from the Senate version that would prevent the Obama Administration from going forward with a deal to purchase heavy water – a component used in certain nuclear reactors – from Iran. Even without the new contentious amendments, White House officials had threatened to veto the bill over “problematic ideological provisions.” 

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Today on the Hill: Energy Approps, D.C. Spending, NDAA, Catfish Inspections

Appropriations, defense policy, Washington D.C.’s budget, and catfish inspections are the focus of floor action in Congress today.  In the House, lawmakers will be working through amendments to the fiscal 2017 Energy and Water development spending bill. The $37.4 billion appropriations bill (H.R. 5055) would fund the Energy Department, the Army Corps of Engineers, and the Interior Department’s Bureau of Reclamation. A proposal to bar the U.S. purchase of heavy water from Iran is among the possible amendments. A similar amendment was scuttled in the Senate amid White House opposition. White House officials already have said they would recommend that President Barack Obama veto the bill, citing “the inclusion of problematic ideological provisions that are beyond the scope of funding legislation.” 

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Today on the Hill: Chemicals, Pesticides, Fiduciary Rule, and Catfish

The House is teeing up a pair of votes on a toxic chemicals overhaul and a measure to exclude certain pesticides from permitting requirements, before spending the rest of the afternoon debating the fiscal 2017 Energy and Water Development spending bill (H.R. 5055). The rewrite of the 1976 Toxic Substances Control Act (H.R. 2576) – which would expand the Environmental Protection Agency’s (EPA) power to regulate chemicals and substances that are used to make consumer products – is the product of a compromise between versions of the bill that each chamber passed last year. The White House also strongly supports the measure, and assuming the House approves the bill, the Senate plans to clear the measure before leaving for the Memorial Day recess.

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Financial Services Report

Our Take

If all goes according to plan, this week the House Resources Committee is expected to mark-up legislation to resolve the Puerto Rico fiscal crisis this week.  While the entire process is extremely fragile, assuming that the bill can survive the mark-up, it could be on the House floor as early as the week of June 7th, approved by the Senate shortly thereafter and on the President’s desk before the July 1st deadline for the next bond payment.   While the bumps in the road have been great the fact remains that this is how the proverbial sausage of legislation has traditionally been made.  The new dynamic is that there is a contingent of members of Congress unwilling seem as if they are unwilling to compromise.  As the President recently noted, democracy requires compromise, even when you are 100 percent right, because we live in a democracy not a dictatorship and in a democracy you need work with people to find middle ground, but then also be willing to publicly say “this was as good a deal as we could get.”   In this era of balkanized media sources, with ever more people getting their news from an echo chamber of their choosing, it becomes harder for Congress to reach those compromises, in part because Congress used to have to debate differences of opinion, but now it seems to have to debate differences of fact.  That said, this Puerto Rico fiscal crisis solution, if enacted, would be example that Congress still has the ability to rise to the occasion and find consensus.

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Health Policy Report

The Week in Review

Even without a budget resolution, the House passed the first of its fiscal 2017 appropriations bills last week, as well as this year’s version of the National Defense Authorization Act (NDAA) and a bill transferring Ebola funds to fight the Zika virus. On Wednesday, House lawmakers approved the $610.5 billion spending authorization (H.R. 4909) for Department of Defense (DOD) programs 277-147 after winnowing down nearly 400 submitted amendments to the annual legislation. The House version of the bill includes a provision opposed by the White House that would allocate $18 billion in war funding to Pentagon weapons programs, which may force the next president to seek emergency funding for combat operations in the Middle East and Afghanistan.

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This Week on the Hill: TSCA Rewrite, Energy-Water Approps, Zika Pesticides in House; NDAA in Senate

This week, the Senate is set to power through their version of the fiscal 2017 National Defense Authorization Act (NDAA) as the House revises a 40-year old law regulating toxic chemicals used in manufacturing and tries to come to an agreement on legislation to help Puerto Rico restructure its $70 billion debt.

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Today on the Hill: Cloture on Zika Amendments in the Senate; House to Begin NDAA Marathon

Cloture votes on three Zika-related amendments are due in the Senate today as lawmakers decide on the amount of funding to be allocated towards fighting the virus and whether there will be a budgetary offset to pay for the package. Democrats favor funding President Obama’s full $1.9 billion request without any coinciding cuts or offsets (S. Amdt. 3898), while Republicans prefer a $1.1 billion package (S. Amdt. 3899) that would be paid for by raiding money set aside for a preventative-health fund set up by the Affordable Care Act (ACA). The third amendment is a bipartisan compromise (S. Amdt. 3900) that would provide $1.1 billion without the ACA offset. 

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