House Panel OKs Bill to Limit Data Collection From Insurers

News April 18, 2024 at 12:16 PM
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What You Need To Know

  • The Insurance Data Protection Act would eliminate the ability of the Federal Insurance Office to issue subpoenas.
  • House Joint Resolution 120 would curb Financial Stability Oversight Council moves to put nonbanks under Federal Reserve oversight.
  • Both measures passed in committee on strict party-line votes.
The U.S. Capitol Building

Republicans in Congress are clashing with U.S. Treasury Department officials over whether it can require insurers to send in data.

Members of the House Financial Services Committee voted Wednesday to approve H.R. 5535, the Insurance Data Protection Act bill. The bill would sharply limit the ability of the Treasury's Federal Insurance Office and its Office of Financial Research to collect data directly from insurers.

The committee also approved House Joint Resolution 120, a measure that would express congressional opposition to the new procedures the Financial Stability Oversight Council says it will use to decide whether insurers, asset managers and other nonbanks are "systemically important financial institutions" and need oversight by the Federal Reserve Board.

Members of the voted on both measures strictly on party lines, using a new electronic system, with all Republicans present supporting the measures and all Democrats present opposing them. The meeting was streamed live on the web, and Perry McHenry, the small son of Rep. Patrick McHenry, R-Va., the committee chairman, sat on his father's lap while voting was underway.

What it means: Prospects for H.R. 5535 and the H.J. Res. 120 appear to be dim, because the administration of President Joe Biden strongly opposes them.

But fights over whether Rep. Mike Johnson, R-La., should continue to be the House speaker and efforts to maneuver a Ukraine aid bill through the House may have created new opportunities for Republicans to pass bills.

The Insurance Data Protection Act: Congress created the Federal Insurance Office through a provision in the Dodd-Frank Act of 2009. FIO supporters see the office as a tool for giving Treasury officials a way to get the kind of information about the insurance industry that might have helped prevent the 2007-2009 financial crisis.

The Insurance Data Protection Act would eliminate the FIO's subpoena power; require it to work with state insurance regulators before asking insurers directly for data; and require the office to respect any confidentiality requirements that normally would apply to any insurance company data received.

The bill has 25 Republican co-sponsors and no Democratic co-sponsors.

The House Financial Services Committee shares jurisdiction over the bill with the House Agriculture Committee.

Discussion during the House Financial Services "markup," or business meeting, focused mainly on issues related to property and casualty insurance, such as FIO efforts to collect data on insurers' vulnerability to climate change and rising homeowners insurance prices, rather than on issues directly related to life insurance or annuities.

The sponsor, Rep. Scott Fitzgerald, R-Wis., said the FIO effort to collect climate change exposure data was an example of how the FIO has become increasingly aggressive, in ways that might threaten customer data confidentiality. "Keep insurance regulated at the state level," he said.

Rep. Maxine Waters, D-Calif., expressed strong opposition to the bill and said it could leave Treasury officials with the kinds of blind spots that led to the 2009 bailout of AIG.

Given the threats posed by climate change, inflation and other problems, "now is not the time to weaken the federal government's tools for monitoring industry trends," Waters said.

The 'Systemically Important' Debate: The Financial Stability Oversight Council is another body created by the Dodd-Frank Act.

The Treasury secretary is always part of the FSOC. The other members are the heads of major federal financial services bodies, such as the Securities and Exchange Commission. The council also includes a voting member with insurance expertise and a nonvoting member who represents state insurance regulators.

The FIO director also serves as a nonvoting FSOC board member.

While Barack Obama was president, FSOC tried to designate several insurers, including MetLife and Prudential, as systemically important financial institutions.

All eventually fought off SIFI designation.

While Donald Trump was  president, FSOC voluntarily agreed to focus on regulating concerning activities rather than singling out specific companies for extra oversight.

In November, FSOC completed work on a procedural update that reversed the Trump guidance, emphasized that FSOC can designate companies as SIFIs without first conducting a cost-benefit analysis, and created a process companies can use to object to being designated as SIFIs.

Rep. French Hill, R-Ark., the sponsor of H.R. Res. 120, said the new process may make FSOC "a political tool rather than an emerging threat monitor."

Waters argued that, without the new FSOC procedures, designating a nonbank as a SIFI could take FSOC about six years, and that the resolution would formally block FSOC's ability to adopt new SIFI designation procedures, not simply create a symbolic statement about how Congress sees the SIFI designation process.

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