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The Financial Choice Act — Much Ado About Nothing

By Gary Kushner on June 9, 2017
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While most of DC was watching the Comey hearing, the House of Representatives passed the Financial CHOICE Act, which would significantly alter the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act. Dodd-Frank created the Consumer Financial Protection Bureau (CFPB).

The Financial CHOICE Act passed the House with a vote of 233 to 186; a vote straight down party lines with the exception of one Republican who voted against the bill. However, there is little chance of the bill surviving a Democratic filibuster in the Senate. To survive a filibuster, it takes 60 votes to proceed to a vote on a bill. Currently, the GOP has 52 seats in the Senate, which would require 8 Democratic Senators to vote with the GOP. Rather than face these numbers, the Senate will likely draft a companion bill, with the same intent to reform Dodd-Frank.

As passed in the House, the CHOICE Act seeks to reform the Dodd-Frank Act, but does not completely change the consumer protection landscape. Instead, the Financial Choice Act seeks to limit regulations aimed at supervising financial institutions. Specifically the CHOICE Act looks to provide an alternative to banks who maintain higher levels of capital, thus avoiding additional regulations. The Dodd-Frank Act supervised financial institutions, with particular focus on banks deemed “Too Big to Fail” and non-bank financial institutions who were deemed as “systematically important.” Further, it would ease some of the regulations that currently apply to smaller financial institutions, such as credit unions and community banks. The CHOICE Act would also repeal the Volcker Rule and the Fiduciary Rule, which would require retirement advisors to put their clients’ interests before their own.

As passed by the House, the CHOICE Act also restructures the CFPB from a bureau to a consumer law enforcement agency, subject to the congressional appropriations process. This change would also permit the President to fire the head of the CFPB at any time and without reason. The constitutionality of a bureau with a director who can only be removed for cause was one of the key issues in the PHH Case, which was argued to the U.S. Court of Appeals for the D.C. Circuit on May 24th. If the director of the CFPB or a consumer law enforcement agency can be removed without cause, the director would follow the policies and priorities of the President, which could change every election cycle.

Until the Senate drafts and votes on a companion bill or votes on the CHOICE Act, Dodd-Frank and all its regulations remain. With the current makeup of the Senate, it remains risky to attempt to predict the outcome of reform efforts.

Photo of Gary Kushner Gary Kushner

Partner, Washington, D.C.

Gary Jay Kushner knows the food industry inside and out as he has been a part of it for almost 40 years. His clients are some of the largest food corporations in the world as well as their trade associations.

Partner, Washington, D.C.

Gary Jay Kushner knows the food industry inside and out as he has been a part of it for almost 40 years. His clients are some of the largest food corporations in the world as well as their trade associations. Because of his extensive exposure to the industry at all levels, Gary approaches his clients’ challenges from the perspective of a food industry executive.
Gary has participated in the development of virtually every law and regulation affecting the food industry in the last four decades. Gary analyzes legislation considered by the U.S. Congress and state legislatures and regulations proposed by the U.S. Department of Agriculture, Food and Drug Administration, and other federal and state government agencies, and evaluates their impact on the food industry from farm to table. His insight allows him to anticipate how these initiatives might change the way his clients do business so they can plan most effectively.

Gary also helps companies address regulatory compliance issues, advising them on labeling, advertising, inspection, and representing them in enforcement proceedings before government agencies and the courts.

Previously, Gary served as vice president and general counsel for the American Meat Institute where he directed the organization’s legal, regulatory, and legislative activities. He began his food industry career as staff counsel for Scientific Affairs for the Grocery Manufacturers of America, and began his legal career as law clerk to the Honorable John R. Hess in the Superior Court for the District of Columbia.

Read more about Gary KushnerEmail
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  • Posted in:
    Government and Public Policy
  • Blog:
    Broker- Dealer Law Corner
  • Organization:
    UB Greensfelder LLP
  • Article: View Original Source

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