New Bill Retains the Theme of Version 1.0 with Some Tweaks
On April 19, Rep. Jeb Hensarling (R-TX) published a discussion draft of his Financial CHOICE Act (Version 2), updated from his original 2016 draft (Version 1). While keeping what the Rep. Hensarling calls its “pro-growth, pro-consumer” features that would end “too-big-to-fail” bailouts, the 2017 discussion draft of the Financial CHOICE Act walks back or modifies some key provisions from the 2016 version. Version 2 retains the "Dodd-Frank offramp,” the optional exemption from many Dodd-Frank regulations in exchange for higher capital reserves, that was the centerpiece of Version 1. This new version, however, provides more incentives to banks to take the offramp, in the form of exemption from stress testing. As with Version 1, Version 2 also repeals the Volcker Rule and eliminates enhanced supervision of financial market utilities designated as systemically important by the Financial Stability Oversight Council. The bill also adds new provisions drastically limiting the powers of the CFPB, and modifies various regulatory abilities of the SEC, PCAOB, and the CFTC.