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House Insurance Capital Bill is Tough Sell in Senate

By ZACHARY WARMBRODT, Politico

The House on Tuesday is expected to pass a bipartisan regulatory change that’s a top priority for the insurance industry, but the Senate is not expected to accept the legislative package in its current form and the issue will likely have to be settled during a post-election “lame duck” session.

While the insurance provision is supported by Republicans and Democrats in both chambers, House Republicans have packaged that bill with proposals concerning proprietary trading by banks, swaps rules and mortgage regulations that do not have broad support in the form of a single bill in the Senate.

“We are there on policy but procedurally this does complicate things,” said a Senate Republican aide who is closely following the insurance issue.

At the heart of the House bill, which the House debated Monday night, is legislation sought by MetLife, Prudential Financial and other insurers that would give the Federal Reserve a stronger legal foundation to write capital rules that are tailored to the insurance industry rather than based on standards that are applied to banks.

The industry argues the standards applied to banks do not fit how they fund their business model and will prove costly for both their firms and customers.

Fed officials have said they understand the industries are different, but that the 2010 Dodd-Frank law, which gave the Fed oversight over some insurers, contains language known as the Collins amendments that ties their hands when writing new rules for insurers.

There is little to no opposition to the insurance capital bill, but the inability to quickly get it into law underscores how difficult it has been to make even minor changes to Dodd-Frank.

House Republicans with support from many Democrats have passed a number of bills that would amend the law, but Senate Democrats have rejected these proposals as attempts to weaken one of President Barack Obama’s signature achievements. In turn, House Republicans are reluctant to let a Dodd-Frank tweak move without including some of the other changes they support.

The provisions House Republicans have attached to the insurance bill have previously received Democratic support in the House, but given the short amount of time left on the legislative calendar the opposition of even a few senators would hold up the bill and prevent its enactment this year.

Supporters of the Senate legislation — written by Sens. Sherrod Brown (D-Ohio), Mike Johanns (R-Neb.) and Susan Collins (R-Maine) — have worried for weeks that the House would try to add other Dodd-Frank changes.

The concern came to pass Monday as the House prepared to vote on a version of the bill with a few additional items: exemptions for collateralized loan obligations under the Volcker Rule, a carve-out in swaps rules for non-financial firms and a section that would allow more home loans to qualify for stronger legal protections under the Consumer Financial Protection Bureau’s Qualified Mortgage rule.The House passed the Volcker and mortgage bills by simple voice votes, and passed the swaps bill 411-12.

On Monday, Senate sources said the House package will have little to no chance of passing in the upper chamber.

“Sen. Brown believes that Congress pass a narrow bill that would ensure that the Federal Reserve recognizes the differences between the industries and prevents banking capital standards from being applied to insurers,” Brown spokeswoman Meghan Dubyak said. “The Senate bill, which passed with unanimous support, could be sent to the President’s desk tomorrow.”

The Senate Republican aide, who declined to be identified, said the “best case” is that the House sends the bill to the Senate, Majority Leader Harry Reid (D-Nev.) strips everything but the insurance provision and the chambers “ping-pong” until an agreement is reached.

“Again, best case and unlikely,” the aide said.

Lawmakers in both chambers could simply pass the insurance capital change as a standalone bill during the lame duck session if it becomes clear that is the only way it will get into law. The insurance industry is heavily lobbying members to get the bill done this year.

The offices of House Majority Leader Kevin McCarthy (R-Calif.) and House Financial Services Committee Chairman Jeb Hensarling (R-Texas) have indicated a willingness to ultimately take this route, according to industry sources.

The House bill faces opposition from the top Democrat on the Financial Services Committee, Rep. Maxine Waters (D-Calif.), but some House Democrats are still expected to vote for the legislation.

Waters in a letter to lawmakers Monday said she would oppose the bill, despite the insurance legislation being “sensible,” because Hensarling “is taking this non-controversial legislation and attaching other divisive provisions to what ought to be consensus legislation.” She said it was “an exercise in political theater.” Waters voted for the swaps bill on the floor and in committee and for the Volcker bill in committee. Lawmakers agreed to the mortgage bill by voice in committee and on the floor.

“It is well-known that Republican leadership has privately told insurance industry stakeholders that they will bring up a ‘clean’ insurance capital standards bill after the mid-term elections, thereby reinforcing the point that they are using the people’s House to engage in partisan, dilatory tactics,” she said.

Rep. Carolyn McCarthy (D-N.Y.), who co-authored the standalone insurance bill in the House with Rep. Gary Miller (R-Calif.), said on the House floor Monday night she would support the package but did not believe the Senate would pass it.

A group of 21 business trade associations, which support all elements of the House bill, led by the Securities Industry and Financial Markets Association wrote to House members Monday urging them to pass the bill containing “noncontroversial, thoroughly examined, bipartisan proposals.” The U.S. Chamber of Commerce, the Financial Services Roundtable and the National Association of Mutual Insurance Companies also signed the letter. The American Council of Life Insurers also endorsed the bill.

Financial regulatory reform group Better Markets criticized House Republican leadership for giving a “gift to Wall Street” on the sixth anniversary of Lehman Brothers filing for bankruptcy.

“While much of the bill is just repackaged provisions of prior bills, and is supposedly intended as a ‘message’ bill, that doesn’t make it any better,” Better Markets President Dennis Kelleher said.
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