Subject: Customs bill/online sales tax
From: Dana <[email-masked]>
To: Michael Pyle <[email-masked]>
Cc: Mike Schmidt <[email-masked]>, Michael Shapiro <[email-masked]>, Laura Rosenberger <[email-masked]>
Date: Tue, 22 Dec 2015 19:32:26 -0500

Mike & Co. --

A quick addendum here to the note below on the customs bill (the Trade Facilitation and Trade Enforcement Act) covering a couple of key provisions in it that have not attracted much notice as of yet.  

I'll have the year-end wrap ups shortly after Christmas.   

Meanwhile, happy holidays, everyone!

Dana

-------------

As noted, the conference report on the Trade Facilitation has been approved in the House.  It and the provisions below await action in the Senate next year:

•  Internet Tax Moratorium -- Just before the Senate adjourned last week, a permanent Internet Tax Moratorium provision was added to the conference report.  Sen. Durbin has a point of order will strike that provision from the conference report and pave the way for Senate passage of the Marketplace Fairness, which would establish uniform sales and use taxation of Internet sales but he probably lacks the 60 votes to invoke cloture on that bill.  

•   Currency Manipulation -- The conference report has a much less stringent provision regarding currency manipulation for TPP purposes than did the original Senate language, which would have required the Obama administration to examine whether countries are manipulating their currency when investigating whether to impose protective duties for unfair trade practices.  

Ways and Means ranking member Sander Levin, opposing the report:  

“The Senate over the summer passed a customs bill by a vote of 78 to 20 that included a strong provision to address currency manipulation – the most significant trade enforcement failure over the past decade.  The House bill did just the opposite.  It failed to include anything meaningful on currency, even though just a few years ago this House passed a currency bill very similar to what was in the Senate customs bill by a vote of 348 to 79.  Because of the partisan and flawed nature of the House customs bill, just 12 Democrats voted for it.  Over the past decade or so, currency manipulation has cost the U.S. and our workers and our industry between two and five million jobs."

> On Dec 20, 2015, at 11:22 AM, Dana <[email-masked]> wrote:
> 
> Mike & Co. --
> 
> The House adopted the conference report on the customs bill, the Trade Facilitation and Trade Enforcement Act, on a 256-158 roll call vote on Dec. 11  (http://clerk.house.gov/evs/2015/roll693.xml).  The message on the House action  was received and held at the desk in the Senate on Dec. 14.  
> 
> Over the next few days, I will have couple of year-end wrap-ups on fiscal and financial legislation which should tie together various loose ends like this.  
> 
> Dana
> 
> 
>> On Dec 19, 2015, at 10:43 PM, Michael Pyle <[email-masked]> wrote:
>> 
>> Dana -- Where has the customs bill ended up in the end-of-year scrum? 
>> 
>> Thanks so much,
>> Mike.
>> 
>> 
>> 
>> From: Dana <[email-masked]>
>> To: Mike Pyle <[email-masked]> 
>> Sent: Tuesday, December 8, 2015 8:07 PM
>> Subject: Update: FY 2016 Budget/Currency Manipulation. 
>> 
>>  Mike & Co. --
>> 
>> Most of the activity on Capital Hill this week is focused on the FY 2016 budget, but it has become so rider-ridden that few expect it to be competed by the Friday deadline for passage.  Instead it is becoming likely that Congress will adopt a short-term continuing resolution that will push votes on (some number of) riders and final passage into next week. 
>> 
>> Meanwhile, Congress leaders are quietly putting the finishing touches on a customs enforcement measure, a key part of Obama's trade agenda.  They're aiming to finish the measure this week and send it over to the White House, but top Democrats aren't sold yet.
>> Sander Levin, Ways and Means' ranking member, said he isn't "optimistic that this committee will report the measure which reauthorizes the U.S. Customs and Border Protection agency, streamlines trade rules that aim to keep importers from skirting U.S. antidumping and countervailing duties, adds new protections for intellectual property rights and provides more tools to identify and address currency manipulation.
>> The impetus behind the bill, per top Senate Finance Committee Democrat Sen. Ron] Wyden: "Too often, companies sneak counterfeit goods past our borders. Foreign governments spy on our businesses and enforcers. They bully our firms into relocating jobs and turning over intellectual property."
>> Back tomorrow with the state of play on the FY 2016 budget and the riders under consideration. 
>> Dana 
>> 
>>> On Dec 6, 2015, at 11:59 PM, Dana <[email-masked]> wrote:
>>> 
>>> 
>>> Senior Senate Finance and House Ways and Means staff were at the negotiating table much of this weekend, working on a growing tax extenders-plus package now rumored to cost in the $700-800 billion over ten-year ballpark.  The package began with the Senate Finance bill reported in July extending or making permanent the 50-odd tax breaks known as collectively as the "extenders."  Late in the fall, once the GOP accepted the expansions to the EITC and child tax credit (CTC) included in the 2012 year-end fiscal cliff bill but due to expire in 2018, and credit for four-year college costs -- pushed by Senate Democrats and the administration -- and other key items were added, lending the package increasing legislative momentum. 
>>> 
>>> The bill now also delays implementation of the "Cadillac" plan tax in the ACA from 2018 to 2020.    Before these trimmings, the extenders package had languished on the Senate sidelines for months.   But the above inducements, combined with a tacit agreement that the package had grown beyond the constraints of PAYGO, mean it could end up being biggest tax deal since the Bush tax cuts were capped in 2012. 
>>> 
>>> The GOP appears to have signed off on a deal for the EITC and the CTC expansions.  These can be made permanent, but "improper payments" to fraudulent claimants must be addressed.  without addressing ways to reduce problems with the payments.  Finance and Ways and Means staffers are working on an integrity proposal short of requiring a Social Security Number or an in-person Taxpayer Identification Number.  And Democrats may yet give on a GOP tax priority of longstanding -- a delay for a 2.3 percent tax on medical device manufacturers.  Also still on the block:  indexing the CTC for inflation and, if PAYGO is applied, a provision closing the carried interest loophole. 
>>> 
>>> The emerging package is taking so long to because it is not an just an across the board effort to extend or make permanent all of the 52 tax breaks.  The latest versions have the bonus depreciation phasing out over the next four years, 2016-2019, and the Subpart F exemption for active financing and CFC look-through is extended for two years through 2016.  The wind production tax credit may be phased out in 2019 starting next year.  The solar credit's fate has yet to be determined, but it's on life support.  
>>> 
>>> But such an extender bill is not yet a done deal.  Some poison pill items are in the mix.  Some Republicans want to bar undocumented immigrants from receiving refundable credits—a non-starter for Democrats.  Unions and most Republicans want to repeal the Cadillac Tax on high-cost employer sponsored health plans and other lawmakers want to dump the ACA tax on medical devices.  The White House may choke on some of those provisions.
>>> 
>>> Other than that, the only obstacle to the bill may be its own size.  The eye-popping numbers are raising the ire of Democrats who spent much of this year debating mandatory spending cuts to offset the cost of raising the spending caps set by the 2011 Budget Control Act.  
>>> 
>>> Sen. McCaskill:  “I’m going to have trouble supporting any extenders package.  I think it’s too big and there are way to many goodies being given out to special interests.  How are we ever going to get tax reform if we keep giving out goodies at Christmas?”  Sen. Carper:  “We’re running a $400 billion budget deficit that’s expected to rise in the next half dozen years back to a trillion dollars. When we’re talking about an extenders tax package that is not paid for, small is better."  A Pelosi aide said Friday, “The initial package is too big in the leader’s view.” 
>>> 
>>> Drilling down on the points of contention to be resolved before a deal can be announced:
>>>  
>>> The Cadillac tax -- Both parties are interested in including language to repeal or delay of ObamaCare’s “Cadillac” tax on high-cost insurance plans in the extenders package. The Senate on Thursday passed an amendment to repeal the tax by a vote of 90-10.  But the amendment was included in a bill that will be vetoed because it would repeal ObamaCare.  The  administration supports the Cadillac tax, which is currently slated to take effect in 2018, because it raises revenue and is an incentive to lower healthcare costs.   The Congressional Budget Office estimated that a repeal of the Cadillac tax would cost about $93 billion in lost revenue. 
>>> EITC -- Speaker Ryan and President Obama have propose to change the EITC provision in almost exactly the same way.  They would phase in the credit more quickly as a worker’s earnings rise, raise the maximum credit to about $1,000, and lower the eligibility age from 25 to 21. These changes would make a big difference.  Currently, a childless worker with poverty-level wages receives an EITC of $172, not nearly enough to offset the $1,188 he or she owes in income tax and the employee share of payroll taxes.  The Ryan/Obama proposals would give that worker an $841 EITC, a major step towards lifting the worker back to the poverty line.
>>> Energy:  The deal could extend the Wind Production Tax Credit and the Solar Investment Tax Credit for five years with a phase out. But the GOP wants to let the credits phase out as scheduled. The wind credit expired at the end of 2014, and the solar credit is set to expire in 2016.  There is also some interest in using the tax extenders package as the vehicle for lifting the ban on crude oil exports. Some lawmakers want to an end to the ban included in the bill in exchange for extending the renewable energy credits.   Kevin Brady, Ways and Means Chair, said that Congress is looking at several possible vehicles for achieving that and said he favors lifting the ban.
>>> The price tag -- The sheer size of the deal, which could cost upwards of $700 to $800 billion over a decade, is a major a concern to fiscal hawks.  These are dollar figures reminiscent of the stimulus.  If it is tarred as such, it could lose moderates like McCaskill and Carper.  Even
>>> Elizabeth Warren has taken issue with the fact that the bill wouldn’t be paid for.  But the prevailing reasoning follows these lines.  Rep. Charles Boustany, Chair of the House Ways and Means Committee’s tax-policy subcommittee: “We’re not going to raise taxes now at this point to give tax breaks in other areas."  Kevin Brady:  "We shouldn't have to pay for returning people's hard-earned money to them. People are just pulling these numbers out of the air.  I’m convinced if there’s a package, it will be much more focused than what we’re seeing floating around."
>>> Length of Extension:  The deal under consideration would make some expired breaks permanent, extend some for five years, and extend the rest for two years.  Exactly which provisions end up in which bucket appears to be somewhat settled but may not be completely final.  Aside from the tax credits benefiting families, the list of provisions that would be cemented include many of the business and other tax breaks that the House and the Ways and Means Committee voted to make permanent earlier this year.  
>>> ----------
>>> 
>>> Recent Updates:  
>>> 
>>> Tax Extender Negotiations  (Dec. 6) 
>>> Brown on HFT  (Dec. 4)
>>> Shelby 2.0 Update  (Dec. 3)
>>> HTF Conference Report  (Dec. 3)
>>> FY 2016 -- Policy Riders  (Nov. 30)
>>> Dodd-Frank and the CR  (Nov. 13)
>>> FRB Interest Rate Policy  (Nov. 9)
>>> Ryan and Tax Reform (Nov. 4)
>>> HTF/Pay-fors  (Nov. 3)
>>> FRB System Risk Rule  (Nov. 2)
>>> Ex-Im Reauthorization  (Oct. 30)
>>> Tax Extenders  (Oct. 30)
>>> Boehner Budget Deal (Oct. 27)
>>> Ex-Im Reauthorization  (Oct. 26) 
>>> Debt and Debt Limit  (Oct. 22)
>>> SEC Nominations  (Oct. 20)
>>> TPP/Currency Manipulation  (Oct. 15)
>>> Ex-Im Update  (Oct.  9)
>>> Fed Dividend  (Oct. 7)
>>> Debt/Extraordinary Measures  (Oct. 6)
>>> Jobs Report (Oct. 2)
>>> Fiduciary Rule  (Oct. 1)
>>> FY2016 Budget/CR  (Sept. 29)
>>> Trade/TPP  (Sept. 25)
>>> GSE Reform  (Sept. 25)
>>> Carried Interest  (Sept. 23)
>>> Bush Tax Cuts  (Sept. 15)
>>> Puerto Rico  (Jul. 23)
>>> Shelby 2.0  (June 24) 
>>> 
>>> 
>>> On Dec 4, 2015, at 1:14 PM, Dana <[email-masked]> wrote:
>>> 
>>>> 
>>>> Mike & Co. --
>>>> 
>>>> The November jobs report (200,000-plus net jobs added) is another key green light to a Fed primed to lift rates in two weeks. 
>>>> 
>>>> FWIW, reported from Shelby last night re talks with Tester on Shelby 2.0: "We've been talking even tonight -- we're trying to see if we can work out some things with the Democrats.   Haven't been able to yet but still talking back and forth, specifics."
>>>> 
>>>> If you were among those who wanted to know more about the "big parts" that Senate Banking's Ranking Member Sherrod Brown meant he had successfully advocated for in the  transportation bill now headed for the president's desk, the Senator's inventory of provisions and lightly edited remarks are below. 
>>>> 
>>>> Dana
>>>> 
>>>> -------
>>>>  
>>>> Export-Import Bank Renewal
>>>> 
>>>> “The Export-Import Bank is one of the best tools we have to help businesses of all sizes in Ohio and across our country grow, create jobs, and compete in the global economy. Renewing the Ex-Im Bank will ensure that American businesses aren’t put at a disadvantage to our foreign competitors."
>>>>  
>>>> Buy America Provisions
>>>> 
>>>> Brown pushed for a provision that would increase the amount of American-made steel and other components that will go into buses and subway cars.  The bill requires transit rolling stock (buses and rail cars) to include 70 percent domestic content, such as steel, by 2020, up from 60 percent under current law. 
>>>>  
>>>> Regulatory Relief for Community Banks and Credit Unions
>>>> 
>>>> The transportation bill "provides the kind of targeted relief for community banks and credit unions that Democrats and Republicans agree is long overdue. It will help America’s smallest financial institutions be more efficient, cut some of their administrative costs, and still protect consumers.”
>>>>  
>>>> Key provisions:
>>>> 
>>>> •  Boosting the number of small banks that could be eligible for Federal Deposit Insurance Corporation examinations on an 18-month cycle, instead of an annual cycle.
>>>> 
>>>> •  Eliminating the requirement that financial institutions send annual privacy notices to their customers, if their privacy policy hasn't changed.
>>>> 
>>>> •  Allowing privately insured credit unions to be eligible for membership in the Federal Home Loan Bank (FHLB) system and receive FHLB funding.
>>>>  
>>>>  
>>>>  
>>>>  
>>>> 
>>>>> On Dec 3, 2015, at 6:22 PM, Dana <[email-masked]> wrote:
>>>>> 
>>>>> Mike & Co. --
>>>>> 
>>>>> The holiday season ends December 16, apparently.  On that day, almost all now agree, the seven-year national zero-interest rate season will end.  It is as baked in as the sun in the morning -- barring calamity in the November jobs report, of course.
>>>>> 
>>>>> All year long Senate Banking Chair Shelby has insisted his Dodd-Frank deregulation bill is just community bank relief and a few stocking stuffers.  Now that we are in the stretch run to Christmas, is anyone buying it?  More below.
>>>>> 
>>>>> Dana
>>>>> 
>>>>> --------
>>>>> 
>>>>> If four moderate Senate Banking Democrats meet repeatedly to discuss which provisions in the Chair's bill they can sign onto and pass but neither the Chair nor the Ranking Member is involved in the discussions, does the bill exist and if so, will it pass?
>>>>> 
>>>>> Answer:  yes and no.  In a sleight of hand move, veteran Banking Chair Shelby has steered his bill away from his Committee, which can only reach the floor from there if it is modified.   He's also senior on Approps. and that's where it's hiding.  In July, Shelby succeeded in attaching his original bill to an appropriations proposal approved in a partisan committee vote.  
>>>>> 
>>>>> Though the current discussions are happening as Congress gears up to pass legislation before December 11 that would fund the government and avert a shutdown, Democratic leaders have steadfastly opposed policy riders in spending measures, particularly if they walk back regulations in the 2010 Dodd-Frank regulatory law.
>>>>> 
>>>>> House and Senate Republicans first proposed enabling regulators including the FSOC to pick which regional banks would be subject to the so-called enhanced prudential standards, replacing a fixed $50 billion asset trigger in place today.  Senate Banking Democrats have pushed back on including FSOC in the process, and some appear more amenable to raising the threshold to a higher number, according to sources following the issue, who said $250 billion is a possibility. 
>>>>> 
>>>>> “The best I can say right now is that all of that is in play,” Sen. Crapo said yesterday. He confirmed discussion of a tiering approach -- giving regional banks below $500 billion an opportunity to escape the tougher rules.  
>>>>> 
>>>>> Fed Chair Janet Yellen told a House panel last month she would only support a "very modest increase" in the $50 billion asset trigger.  Treasury Secretary Jack Lew has said "even $150 billion, $200 billion institutions are large" and that "we have to be careful not to get into a conversation where we start rolling back some of the core protections that have made our system safer and sounder.”
>>>>> 
>>>>> Sen. Tester was central in the group of Committee Democrats and occasional Republicans who kept talks going after a partisan vote on Shelby's original proposal in May.  But said he was not pushing for changes to the way the FSOC designates nonbanks as "systemically important," as proposed by Shelby in his bill.  
>>>>> 
>>>>> Where do things stand today?   
>>>>> 
>>>>> Tester:  "The deal is far from complete. At this point in time, I don't know that it's going to happen."  
>>>>> 
>>>>> Sen. Donnelly, another member of the group:  "I remain optimistic, but it is clear to me that this package is not ready for inclusion in the omnibus spending bill." 
>>>>> 
>>>>> Ranking Member Sherrod Brown:   Democrats are "not negotiating any of the stuff Shelby really wants."
>>>>> Shelby has tried to include his bill in an upcoming government funding agreement, but Brown knows the battle has moved forums.  Still, he says he is "confident" that Senate Appropriations ranking member Barbara Mikulski will "hold the line on Wall Street overreach."
>>>>> 
>>>>> In fact, Brown implied he'd outfoxed the Chair, saying "big parts" of what he was advocating for in a package to help community banks in May was tucked in a transportation bill headed for the president's desk in the coming days.
>>>>> 
>>>>> --------
>>>>> 
>>>>> Recent Updates:  
>>>>> 
>>>>> Shelby 2.0, the Rider  (Dec. 3)
>>>>> HTF Conference Report  (Dec. 3)
>>>>> FY 2016 -- Policy Riders  (Nov. 30)
>>>>> Dodd-Frank and the CR  (Nov. 13)
>>>>> FRB Interest Rate Policy  (Nov. 9)
>>>>> Ryan and Tax Reform (Nov. 4)
>>>>> HTF/Pay-fors  (Nov. 3)
>>>>> FRB System Risk Rule  (Nov. 2)
>>>>> Ex-Im Reauthorization  (Oct. 30)
>>>>> Tax Extenders  (Oct. 30)
>>>>> Boehner Budget Deal (Oct. 27)
>>>>> Debt and Debt Limit  (Oct. 22)
>>>>> SEC Nominations  (Oct. 20)
>>>>> TPP/Currency Manipulation  (Oct. 15)
>>>>> FRB Dividend  (Oct. 7)
>>>>> Jobs Report (Oct. 2)
>>>>> Fiduciary Rule  (Oct. 1)
>>>>> FY2016 Budget/CR  (Sept. 29)
>>>>> Trade/TPP  (Sept. 25)
>>>>> GSE Reform  (Sept. 25)
>>>>> Carried Interest  (Sept. 23)
>>>>> Bush Tax Cuts  (Sept. 15)
>>>>> Puerto Rico  (Jul. 23)
>>>>> Shelby 2.0  (June 24) 
>>>>> 
>>>>>> On Dec 3, 2015, at 8:30 AM, Dana <[email-masked]> wrote:
>>>>>> 
>>>>>> Mike & Co. --
>>>>>> 
>>>>>> Below, a closer look at some of the many distinctive features of the Highway Trust Fund reauthorization that is likely to be voted on in the House today and the Senate next week, focusing on the offset provisions.   Also note the coda on the Zadroga saga. 
>>>>>> Best,
>>>>>> Dana
>>>>>> -------------
>>>>>> Section by Section Summary: http://transportation.house.gov/uploadedfiles/joint_explanatory_statement.pdf
>>>>>> CBO Score: https://www.cbo.gov/sites/default/files/114th-congress-2015-2016/costestimate/hr22_1.pdf
>>>>>> The House will vote later today on a $253 billion, five-year reauthorization of the  Highway Trust Fund, which expires tomorrow.  The bill provides $205 billion in highway spending and $48 billion in transit projects over the next five years and is the first long-term highway bill in ten years.  The bill also reopens the shuttered Export-Import Bank until 2019. 
>>>>>> The Senate is expected to follow suit quickly.  Said the White House:  "We would actually view this legislation as a step in the right direction, but only a first step because we believe that there are more infrastructure projects that are worthy of funding that would create jobs in the short-term and lay a long-term foundation for our ongoing economic strength over the long-term."  Obama proposed a six-year, $478 billion highway bill earlier this year. 
>>>>>> The Fixing America’s Surface Transportation Act, or the FAST Act formally reauthorizes the collection of the unindexed 18.4 cents per gallon gas tax that is used to pay for transportation projects and includes $70 billion in pay-fors to close a $16 billion deficit in annual transportation funding that has developed as U.S. cars have become more fuel-efficient.  
>>>>>> The federal government typically spends about $50 billion per year on transportation projects; the gas tax only brings in $34 billion annually.   Spending from the Fund has outpaced dwindling gas tax receipts for several years, resulting in the average annual shortfall of about $16 billion.  Congress has been struggling for years to come up with ways to pay for a long-term transportation funding extension without raising taxes
>>>>>> In a surprise, the Fed gets dinged for a chunk of the rest of the check this time.  The two biggest offsets: 1) capping the Fed's surplus account at $10 billion and sweep the rest to Treasury, and; 2) reducing the dividend rate for capital that banks with more than $10 billion of assets in the Federal Reserve system.
>>>>>> 
>>>>>> Several conferees said they begrudgingly swallowed many of the pay-fors, including a plan to dig into the Federal Reserve's pockets and a separate idea to funnel revenue from a customs fee levied on airline and cruise passengers to the Fund.  House Ways and Means Chair Kevin Brady said he opposed using revenue from the customs fees but ultimately signed off the conference report.
>>>>>> 
>>>>>> The offsets also include changes to passport rules for applicants delinquent on taxes.  Other mechanisms include contracting out some tax collection services to private companies — over the objection of unions that represent federal IRS workers. These and the other major  offsets are detailed below. 
>>>>>> 
>>>>>> •  FRB Dividend -- effective January 1, the dividend paid to big banks will drop from 6 percent to the latest high yield on 10-year Treasurys (currently around 2.15 percent, higher than the originally proposed 1.5 percent ), but no higher than 6 .  That is, banks would retain the lesser percent of the 6 percent and the 10-year Treasury rate.  Banks with assets under $10 billion would be exempted from the rate cut; the $10 billion cutoff would be indexed to inflation. 
>>>>>> Fed Chair Janet Yellen opposed the provision but not vociferously and the House in its own bill had replaced the provision with a permanent liquidation of a surplus fund the Fed keeps as a cushion against losses.   
>>>>>> The conferees did agree to shield banks with less than $10 billion in assets from the dividend reduction.  Banks above the asset threshold would likely receive a smaller dividend linked to the yield of a 10-year Treasury note.  
>>>>>> Originally adopted in the Senate as a cut in the dividend to 1.5 percent this summer but removed by the House, it is back in this modified version in the final deal.  But the Treasury yield is rarely below 2 percent and could rise when the Fed raises interest rates so losses to banks will be marginal compared to the 6 to 1.5 percent cut first floated in July.  
>>>>>> •. Rainy Day Fund --  A trim off a reserve fund held by the Fed capping the Fed's surplus account at $10 billion and transferring the rest to the Treasury to finance the Fund.   Conferees agreed to let the central bank keep up to $10 billion in its surplus fund and send the rest to the Treasury.  That fund today is around $29 billion. The Fed has argued that the budget maneuver threatens its independence.  Congress has tapped the Fund in the past but not to this extent.
>>>>>> •. SPR Sales -- Sale of 66 million barrels of crude oil from the Strategic Petroleum Reserve and tax compliance measures.  Sales of 16 million in FY23, 25 mil in FY24, and 25 mil. in FY25.
>>>>>> •   GSE Fees --  Extension of GSE guarantee fees from October 1, 2021 to October 1, 2025. 
>>>>>> •   Automatic Extension -- Repeal of the 3½ month automatic extension for filing returns of employee benefit plans, Form 5500.
>>>>>> •  Debt Collection --  Authorization for the IRS to hire private debt collectors and to revoke passports of those with more than $50,000 of seriously delinquent debt.  Efforts to use private collection agencies to collect federal taxes were scuttled twice in the past 20 years -- both times revenue fell. 
>>>>>> •  Indexation --  Inflation adjustment of certain customs fees. 
>>>>>> With this latest bill, Congress once again looks the other way on the issue, meaning lawmakers will be back to square one on the funding shortfall in just a few years.
>>>>>> The conference expanded a suite of regulatory changes that went beyond some that the House passed in its draft of the highway bill.  The changes target a range of issues from a key CFPB rule to legal barriers getting in the way of derivatives reporting.
>>>>>> It would extend legal protections to lenders on mortgages with ballooning payments made in rural or underserved areas even if the lender does not predominately operate there.  This would expand the amount of loans that would be considered "qualified mortgages" and thus meet the CFPB's ability-to-repay requirements that went into effect last year.  The bill would also force the CFPB to accept petition requests to designate certain areas as rural or underserved that the bureau hasn't designated already -- one of the community banking sector’s top priorities.  
>>>>>> By the way, there is a coda on the  Zadroga bill here.   Sen. Boxer, confirming that the Zadroga provisions for 9/11 first responders were ultimately not included called it "really a big disappointment that that didn't get added at the end.  I think we should have done it, but you know what? It's a negotiation. I didn't get everything I wanted."
>>>>>> All but three Democratic conferees signed the report.  Sen. Schumer didn't because the Zadroga bill was left out.  Sens. Sherrod Brown and Ron Wyden didn't agree to the deal either for unrelated reasons.
>>>>>> ----------
>>>>>> Recent Updates:  
>>>>>> 
>>>>>> HTF Conference Report  (Dec. 3)
>>>>>> FY 2016 -- Policy Riders  (Nov. 30)
>>>>>> Dodd-Frank and the CR  (Nov. 13)
>>>>>> FRB Interest Rate Policy  (Nov. 9)
>>>>>> Ryan and Tax Reform (Nov. 4)
>>>>>> HTF/Pay-fors  (Nov. 3)
>>>>>> FRB System Risk Rule  (Nov. 2)
>>>>>> Ex-Im Reauthorization  (Oct. 30)
>>>>>> Tax Extenders  (Oct. 30)
>>>>>> Boehner Budget Deal (Oct. 27)
>>>>>> Debt and Debt Limit  (Oct. 22)
>>>>>> SEC Nominations  (Oct. 20)
>>>>>> TPP/Currency Manipulation  (Oct. 15)
>>>>>> FRB Dividend  (Oct. 7)
>>>>>> Jobs Report (Oct. 2)
>>>>>> Fiduciary Rule  (Oct. 1)
>>>>>> FY2016 Budget/CR  (Sept. 29)
>>>>>> Trade/TPP  (Sept. 25)
>>>>>> GSE Reform  (Sept. 25)
>>>>>> Carried Interest  (Sept. 23)
>>>>>> Bush Tax Cuts  (Sept. 15)
>>>>>> Puerto Rico  (Jul. 23)
>>>>>> Shelby 2.0  (June 24) 
>>>>>> 
>>>>>> 
>>>>>> 
>>>>>> On Nov 30, 2015, at 10:45 PM, Dana <[email-masked]> wrote:
>>>>>> 
>>>>>>> Mike & Co. --
>>>>>>> 
>>>>>>> Hi again -- hope everyone got a little downtime and home time during the Thanksgiving break. 
>>>>>>> 
>>>>>>> Congress is back in now for the home stretch to year-end adjournment, for which no target date has been set.  The first deadline it faces is passing a long-term infrastructure bill after approving yet another short-term funding patch before leaving for Thanksgiving.  That patch expires this Friday, December 4.
>>>>>>> 
>>>>>>> Signs are good that conferees will approve a three-year package -- that would make it the first transportation funding legislation to pass that lasts longer than two years since 2005.   Ex-Im reauthorization is still in the mix.  More on this in the coming days.  
>>>>>>> 
>>>>>>> Signs are indicating less certainty regarding the outcome yet of the negotiators on staff who worked nearly round the clock in a basement conference room over break on the FY 2016 budget. The reason rests with the many riders already attached -- Shelby 2.0, in toto, among them -- and others under consideration.  A brief overview of the GOP's highest priority and the most policy-significant riders currently under discussion follows. 
>>>>>>> 
>>>>>>> Dana
>>>>>>> 
>>>>>>> --------
>>>>>>> 
>>>>>>> The budget deal that was John Boehner's swan song last month increased the overall discretionary spending level by $33 billion for fiscal 2016.  But it did not specify how that money should be spent or what additional policy riders might be included in a year-end omnibus spending bill needed by December 11 to keep the government open.
>>>>>>> 
>>>>>>> Looming over the negotiations is memory -- rueful to Dodd-Frank advocates -- of last year's iteration of this process when Congress approved the last-minute provision requiring the riskier derivatives trades made by bank holding companies to be conducted outside the units that hold deposits and enjoy the benefits of deposit insurance.
>>>>>>> 
>>>>>>> The focus this year:
>>>>>>> 
>>>>>>> CFPB --  Chief among the perennial riders geared toward hemming in the CFPB are ones to put the bureau under a five-member commission chosen by party leaders, instead of a single director; block the CFPB’s efforts to combat discriminatory auto loans; and curtail the use of forced-arbitration clauses with class-action bans.  This year, Democrats are likely to remain united and successful in opposition to other areas of the law that Republicans want to change, in particular the CFPB.  
>>>>>>> 
>>>>>>> Community Banks/SIFIs -- Republicans are expected to focus on aspects of it that moderate Democrats have said they are open to changing, such as easing rules for community banks. There may well also be sufficient bipartisan support for raising the SIFI threshold at which institutions face a more stringent set of Federal Reserve regulations because of their size.  This increased scrutiny now applies to banks with $50 billion or more in assets.  The Shelby 2.0 cutoff is $500 billion.  
>>>>>>> 
>>>>>>> Fiduciary Rule -- Another high priority rider for the financial community: preventing or delaying new conflict-of-interest provisions for investment advisers who manage retirement funds.
>>>>>>> 
>>>>>>> EITC & CTC/Tax Extenders  -- Negotiators are also working on a bipartisan compromise to make a series of provisions in Obama’s original stimulus program permanent that expire in 2017.   These have expanded the earned-income tax credit that helps Americans with low incomes and created a child tax credit that has the same effect.  In exchange for locking in these credits, Democrats would agree to make permanent the research and development tax credit and other business tax breaks that Congress typically extends anyway.
>>>>>>> 
>>>>>>> Campaign Finance -- Mitch McConnell has a pet rider, a provision being discussed that would eliminate caps on the amount of cash that parties may spend in coordination with their candidates.
>>>>>>> 
>>>>>>> Non-Profits -- Another GOP-backed effort seeks to block the IRS and the SEC from enacting additional regulations and disclosure requirements on politically active nonprofit groups.   
>>>>>>> 
>>>>>>> Per Kevin McCarthy today, no votes on riders relating to Planned Parenthood funding.  But what about the myriad others -- on my clean air standards, accepting Syrian refugees or a perennial issue such as health care -- any of which  would instantly invite a veto and send us back to square one. 
>>>>>>> 
>>>>>>> -----------
>>>>>>> 
>>>>>>> Recent Updates:  
>>>>>>> 
>>>>>>> FY 2016 -- Policy Riders  (Nov. 30)
>>>>>>> Dodd-Frank and the CR  (Nov. 13)
>>>>>>> FRB Interest Rate Policy  (Nov. 9)
>>>>>>> Ryan and Tax Reform (Nov. 4)
>>>>>>> HTF/Pay-fors  (Nov. 3)
>>>>>>> FRB System Risk Rule  (Nov. 2)
>>>>>>> Ex-Im Reauthorization  (Oct. 30)
>>>>>>> Tax Extenders  (Oct. 30)
>>>>>>> Boehner Budget Deal (Oct. 27)
>>>>>>> Debt and Debt Limit  (Oct. 22)
>>>>>>> SEC Nominations  (Oct. 20)
>>>>>>> TPP/Currency Manipulation  (Oct. 15)
>>>>>>> FRB Dividend  (Oct. 7)
>>>>>>> Jobs Report (Oct. 2)
>>>>>>> Fiduciary Rule  (Oct. 1)
>>>>>>> FY2016 Budget/CR  (Sept. 29)
>>>>>>> Trade/TPP  (Sept. 25)
>>>>>>> GSE Reform  (Sept. 25)
>>>>>>> Carried Interest  (Sept. 23)
>>>>>>> Bush Tax Cuts  (Sept. 15)
>>>>>>> Puerto Rico  (Jul. 23)
>>>>>>> Shelby 2.0  (June 24) 
>>>>>>> 
>>>>>>> 
>>>>>>>> On Nov 13, 2015, at 10:43 AM, Dana <[email-masked]> wrote:
>>>>>>>> 
>>>>>>>> Mike & Co. --
>>>>>>>> Positions are already being staked out in anticipation of a compromise on financial regulatory policy next month as part of a long-term extension of the FY 2016 Continuing Resolution.  How deployments look right now is sketched out below.  
>>>>>>>> Great weekends, everyone...
>>>>>>>> Dana
>>>>>>>> --------------
>>>>>>>> The terms of engagement for year-end  changes to Dodd-Frank are being gamed out in various quarters around the Hill, with the CR's December 11 expiration now less than a month away.  Last year, the spending bill came at a price -- and that was before the GOP took the Senate. 
>>>>>>>> For the first time since its passage in 2010, a significant amendment to Dodd-Frank (DFA) was enacted last year when the Section 716 swaps "push-out" provision was repealed.  It was accomplished in an 11th-hour deal to get the must-pass "Cromnibus" over the finish line at year end.  The deal enraged Sen. Warren and 21 of 54 Democrats voted against the bill even though its approval came less than three hours before a midnight deadline that threatened a federal shutdown. 
>>>>>>>> And gone was the requirement that some derivatives trades made by bank holding companies be conducted outside the units that hold deposits and enjoy the benefits of deposit insurance.
>>>>>>>> Within weeks, Warren torpedoed an administration nomination to a key Treasury post overseeing Dodd-Frank.  Though the nominee's views were not dissimilar from Warren's, he had spent the bulk of his years at Lazard, a blue chip Wall Street firm (and, possibly worse, French).  No one has been nominated to the post since. 
>>>>>>>> House Financial Services has reported bills weakening, limiting, underfunding, or repealing various parts of DFA frequently this session, passing ten more similar measures in a marathon mark-up last week.  But none of these has a chance of being picked up in the Senate, let alone of enactment on a standalone basis while Obama is President.  
>>>>>>>> In the Senate, the most comprehensive set of legislative limits to DFA yet to clear a major Committee, written by Senate Banking Chair Richard Shelby, cleared the panel on a 12-10 party-line vote in May. The bill has eight major titles and provisions ranging from increasing the SIFI designation threshold to changing the method of selecting the NY Fed President to requiring exams for community banks every 18 months instead of annually.  Have a look:  http://www.banking.senate.gov/public/_cache/files/73d86467-03c5-4e11-9aa2-e205ec1cf811/3895FC44565256E3151D809B2A429B8A.section-by-section-summary.pdf. 
>>>>>>>> A party line 12-10 vote in committee isn't enough to get such a sweeping bill to the floor and Shelby knows it.  Reformers and industry have both taken a close interest in the congressional struggle to refund the government with eyes on December 11.  The appropriations rider strategy has worked before.  Shelby has now publicly stated that the appropriations process, with the implied threat of a government shutdown, offers the “best shot” of getting it enacted.  Riders under discussion cover a range of issues including the Fiduciary Rule, the legal basis for nonprofit groups to challenge discriminatory housing and mortgage-lending practices, and CFPB governance.  
>>>>>>>> Seeking to put a tag on the price Democrats paid in last year's CR sweepstakes, Sen. Warren and Rep. Elijah Cummings of Maryland, ranking Democrat on the House Overnight and Government Reform Committee published a letter this week from FDIC estimating that the 15 banks currently registered as swap dealers along with their subsidiaries hold up to $9.7 trillion of the types of derivatives that would have been pushed out under Section 716 (totaling 4.4 percent of all outstanding derivatives contract holdings at federally insured banks, comprised of $6.1 trillion in credit derivatives, $1 trillion in commodity derivatives and $2.6 trillion in equities derivatives, per the FDIC letter).
>>>>>>>> But in the quieter corners of the Capitol, with GOP majorities in both ends, a group of moderate Democrats is negotiating with Republicans, risking the wrath of Warren and maybe the Democratic base.  The group includes Sens. Donnelly, and Heitkamp, coordinated by Tester, occasionally Warner.  Donnelly said work is happening "every day."  Sherrod Brown:  "everybody's talking to everybody."
>>>>>>>> Shelby is trying to find the price that the CR can bear, in terms of heft and scope of viable changes to Dodd-Frank.  
>>>>>>>> Sen. Moran:  "That's been the discussion really from the beginning: How expansive can this be, and beyond community banks what more can be accomplished?  The parameters have been narrowed, but, still, finding that sweet spot is in discussion."
>>>>>>>> Treasury Secretary Lew on Tuesday:  "We are open to discussions about things that are truly technical but we are very much opposed to anything that would undermine any of the core architecture of Dodd-Frank.  The line between the two is sometimes hard to define."
>>>>>>>> If it is only regulatory relief for community banks, it's like a win-win, most Democrats would agree.  If it's a tenfold increase in the SIFI trigger, harder to say  If it's closer to the scope and scale of Shelby's bill, a stormy December is in the forecast.  
>>>>>>>> -------------
>>>>>>>> Recent Updates:  
>>>>>>>> 
>>>>>>>> Dodd-Frank and the CR  (Nov. 13)
>>>>>>>> FRB Interest Rate Policy  (Nov. 9)
>>>>>>>> Ryan and Tax Reform (Nov. 4)
>>>>>>>> HTF/Pay-fors  (Nov. 3)
>>>>>>>> FRB System Risk Rule  (Nov. 2)
>>>>>>>> Ex-Im Reauthorization  (Oct. 30)
>>>>>>>> Tax Extenders  (Oct. 30)
>>>>>>>> Boehner Budget Deal (Oct. 27)
>>>>>>>> Debt and Debt Limit  (Oct. 22)
>>>>>>>> SEC Nominations  (Oct. 20)
>>>>>>>> TPP/Currency Manipulation  (Oct. 15)
>>>>>>>> FRB Dividend  (Oct. 7)
>>>>>>>> Jobs Report (Oct. 2)
>>>>>>>> Fiduciary Rule  (Oct. 1)
>>>>>>>> FY2016 Budget/CR  (Sept. 29)
>>>>>>>> Trade/TPP  (Sept. 25)
>>>>>>>> GSE Reform  (Sept. 25)
>>>>>>>> Carried Interest  (Sept. 23)
>>>>>>>> Bush Tax Cuts  (Sept. 15)
>>>>>>>> Puerto Rico  (Jul. 23)
>>>>>>>> Shelby 2.0  (June 24) 
>> 
>>