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House GOP passes stopgap, daring Senate Democrats on shutdown

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House Republicans passed legislation to keep the U.S. government open past a Saturday shutdown deadline, daring moderate Democrats in the Senate to block the measure over objections it fails to constrain Elon Musk’s cost-cutting crusade. 

GOP congressional leaders didn’t negotiate with Democrats on the President Donald Trump-backed funding measure, which runs through Sept. 30. Earlier talks broke down after Democrats demanded language to rein in Musk.

Republican leaders sent House lawmakers home after the vote, seeking to force the Senate to accept the spending package or be blamed for a shutdown. Speaker Mike Johnson said Democrats would be responsible for “every negative consequence that comes from shutting down the government.”

The House passed the bill, 217-213, with Jared Golden of Maine the only Democrat to support it. Republican Thomas Massie joined Democrats in voting against the measure.

The bill will likely need the support of at least eight Democrats in the Republican-controlled Senate to become law, given opposition from Republican Rand Paul to the bill. 

If the measure fails in the Senate, Republican congressional leaders could try to pass a shorter-term stopgap later in the week and bring House lawmakers back to Washington to cast their votes on it. 

Johnson was able to unite fractious House Republicans with help from Trump, who threatened a primary challenge against Massie for opposing it.

To win over Republicans, the measure increases security spending by $4.4 billion, according to the Congressional Budget Office. It has a $440 million boost for immigration enforcement, while cutting the Internal Revenue Service by $20 billion and blocking the District of Columbia from spending $1 billion of its own tax dollars. It also gives the Pentagon flexibility to buy new weapons, an unusual provision in a stopgap bill demanded by GOP defense hawks. 

Johnson argued that passing the 99-page stopgap bill would allow Congress to focus on making deep spending cuts next year. The cuts next year would be informed by the efforts of Musk and his Department of Government Efficiency to identify “wasteful” spending, he said. 

The bill contains no new limits to prevent DOGE and agency heads from firing federal workers or canceling federal grants and contracts. The Musk effort has already effectively shut down the U.S. Agency for International Development and laid off thousands of probationary federal employees across the government. 

Those actions are being challenged in the courts, as critics argue they amount to illegal impoundments of money approved by Congress. 

Democrats voted against the bill, despite years of condemning government shutdowns, saying it would enable Musk’s efforts.  

“We’re not going to provide our votes to perpetuate stealing taxpayers money,” House Democratic Whip Katherine Clark said.

Moderate Senate Democrats including Jeanne Shaheen of New Hampshire, Jacky Rosen of Nevada, and Mark Kelly of Arizona declined to say how they would vote on the bill when asked. Pennsylvania’s John Fetterman said he would support it. 

Senate Minority Leader Chuck Schumer simply said before the vote he was waiting to see whether the House would pass it.

If a shutdown occurs on Saturday, the White House budget office would have latitude to decide which federal workers are furloughed and which essential staff must continue without pay. Military troops would remain on duty without pay until the end of the shutdown. Under current law, furloughed workers would automatically receive back pay even though they did not work. 

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Accounting

Trump to meet with Senate Finance Panel as tax talks heat up

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President Donald Trump is slated to meet with Republican members of the Senate Finance Committee, the panel responsible for crafting the multi-trillion-dollar tax cut bill Congress is aiming to pass this year, according to a top Senate Republican.

The meeting, scheduled for Thursday at the White House, will be the first sit-down between the Senate tax panel and Trump since he took office nearly two months ago. The House and Senate have made halting progress advancing the tax cut package with the two chambers at odds over how to pass the legislation.

“We are going to discuss the next steps to get America back on track,” Senator John Barrasso, a Wyoming Republican and a member of his party’s leadership, told reporters. “We want to get everything done in a timely manner.”

The president has so far expressed a desire to follow the House’s preferred strategy for one big legislative vehicle that includes all of his priorities, including funding for border security and energy measures. The Senate has floated a plan to pass an immigration bill first, leaving taxes for later in the year.

Trump has said he wants to craft a bill that extends his 2017 tax cuts and includes a raft of other campaign pledges, including eliminating levies on tips, overtime pay and Social Security benefits. He has also called for a 15% corporate rate for companies that manufacture in the U.S. 

Republicans have a year-end deadline to pass the legislation. If they fail to craft a deal, many of Trump’s first-term cuts for individuals and small businesses will expire. 

The House last month passed a budget proposal as the first step toward enacting the tax package, using a process that won’t require Democratic votes. The proposal, which would pair tax cuts with $2 trillion in spending reductions and a $4 trillion debt ceiling increase, is currently being considered by the Senate.

To make the tax cut extension permanent, Senate Republicans are considering using a budget gimmick that assumes the extension costs zero dollars since the tax cuts are currently enshrined in law.

The White House has also vowed to end the carried interest tax break for private equity and curb tax breaks for billionaire sports team owners.

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Accounting

Lawmakers reintroduce R&D expensing bill in Congress

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A bipartisan group of lawmakers has reintroduced legislation to allow immediate expensing of research and development costs, all the way back to 2022 when the tax break expired.

The bill, known as the American Innovation and R&D Competitiveness Act, would eliminate the five-year amortization requirement for research and experimental expenditures, allowing continued expensing of them in the taxable years in which the expenditures are incurred. 

The Tax Cuts and Jobs Act of 2017 ended immediate expensing of R&D costs and required the costs to be amortized over five years, starting in 2022. Congress has made efforts in the past to repeal or delay the requirement, and it will have a chance again as Republicans put together a reconciliation bill to extend the expiring provisions of the TCJA while adding new tax breaks. Last year, Congress came close to extending the tax break through 2025 after the House passed the bipartisan Tax Relief for American Families and Workers Act, but the bill stalled in the Senate

Estes and Larson introduced previous versions of their bill (when it was known as the American Innovation and R&D Competitiveness Act) in 2019 and 2023. 

“Research and development play an integral role in creating good-paying jobs across the country, especially as we work to strengthen our economic competitiveness,” Larson said in a statement Monday. “The 2017 tax law’s elimination of immediate R&D expensing has made it more difficult for businesses to invest in developing the technologies of the future, including small business owners and engineers in my district.”

The bill has received support from industry groups such as the National Association of Manufacturers and the Association of Equipment Manufacturers.

“Research and development in the United States does more than just advance innovation, it provides good-paying jobs for Americans across the country and strengthens our nation,” Estes stated. “There is bipartisan support for immediate expensing of R&D costs because it’s good for the workforce and the economy, brings new products and services to the marketplace, and ensures that our country remains the leader in innovation around the world. For the past several years, U.S. job creators and innovators have been unable to immediately expense R&D costs in the year they occur, and as a result we’ve seen domestic research and development slow while other countries incentivize and benefit from expanded R&D. A significant number of workers, community leaders, businesses and lawmakers on both sides of the aisle agree that we must address R&D expensing this year.”

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Accounting

SEC hits the brakes on accounting and auditing enforcement

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The Securities and Exchange Commission dramatically pulled back on accounting and auditing enforcement last year after two years in a row of increases under former SEC chair Gary Gensler, according to a new report.

The report, released Wednesday by Cornerstone Research, found that enforcement activity plummeted during Gensler’s final year leading the SEC before he stepped down on President Trump’s Inauguration Day. The report found that the SEC initiated 45 accounting and auditing enforcement actions in fiscal year 2024, a 46% decrease from FY 2023 and the lowest number since 2021. Approximately half of all the actions (22) were initiated in the fourth quarter of the fiscal year, and more than one-third were initiated in September, the last month of the SEC fiscal year. On the other hand, monetary penalties reached their highest levels since 2021.

The report echoes the findings of a report released last week by the Brattle Group that found a dropoff in enforcement activity against auditors by both the SEC and the Public Company Accounting Oversight Board in the second half of last year. The Supreme Court ruled in June against the SEC in the case of SEC v. Jarkesy, giving defendants the right to a jury trial rather than a hearing before the SEC’s in-house administrative law judges. The Cornerstone report noted that the SEC dismissed six administrative proceedings after the Jarkesy decision.

“In addition to a decrease in enforcement activity, the SEC dismissed six administrative proceedings in FY 2024 after the U.S. Supreme Court’s decision in SEC v. Jarkesy on June 27, 2024,” said Jean-Philippe Poissant, a report coauthor and cohead of Cornerstone Research’s accounting practice, in a statement Wednesday. “In contrast, the SEC imposed more than $770 million in monetary penalties in FY 2024, a 32% increase from FY 2023 and the highest total since 2021.”

The report also found that the number of actions initiated against U.S. respondents declined 56% in FY 2024, while those initiated against non-U.S. respondents increased 18%. The number of actions referring to an announced restatement and/or material weakness in internal control in FY 2024 was only nine, a whopping 78% decline from the 41 such actions in the prior two fiscal years.

The number of actions alleging violations of internal accounting controls decreased to its lowest level since FY 2021. Nonmonetary sanctions were imposed against 67% of the 33 individual respondents who settled their cases with the SEC in FY 2024. The SEC acknowledged that 25% (15 firms and two individuals) of the 67 respondents who settled with the commission in FY 2024 offered cooperation, undertook remedial efforts, and/or self-reported to the SEC, slightly down from 26% in FY 2023.

The report also compares the Gensler period (FY 2021–FY 2024) to a comparable period under Jay Clayton (FY 2017–FY 2020), who chaired the SEC during the first Trump administration. During the Gensler period, the SEC initiated an average of 60 enforcement actions per year, compared to 74 during the Clayton period. Settled actions declined under Gensler, dropping nearly 20% to an average of 66 settled actions per year, compared to 80 under Clayton. Trump has nominated Paul Atkins, a former SEC commissioner, to be the next chair, succeeding Gensler. In the meantime, the SEC is now being led by acting commissioner Mark Uyeda.

“Looking back to the last eight years, our analysis shows that enforcement actions with accounting and auditing allegations were less of a priority than other emerging allegations under Chair Gensler,” said Simona Mola, a report coauthor and principal at Cornerstone Research, in a statement. “In the four fiscal years of the Gensler period, the SEC accounting and auditing enforcement activity overall declined relative to the Clayton period in terms of total number of actions initiated or settled. The average total settlement amount per year during the Gensler period also declined to $647 million, down from $796 million imposed during the Clayton period.”

There were 75 total respondents in accounting and auditing enforcement actions initiated in FY 2024, a major decline from 111 respondents in FY 2023 and below the four-year averages under both Clayton (122) and Gensler (90).

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