First, I want to express my objection to the rule. The chairman of the Rules Committee said maybe I can get a unanimous consent agreement to modify it. All amendments are not created equal. This rule…
First, I want to express my objection to the rule. The chairman of the Rules Committee said maybe I can get a unanimous consent agreement to modify it.
All amendments are not created equal. This rule gives a total of 10 minutes for each amendment, five and five. That is simply inadequate-- grossly inadequate--for discussing some of these important issues. There are two amendments in particular where I will be approaching my colleagues in the majority to see if we can get an extension of time. If that is not the case, I will be very, very disappointed that major issues here on this important subject of consumer protection would be given only 5 minutes on each side. Now let's get to the substance.
My Republican colleagues have had a little bit of a change of heart since last year. When we debated this bill in committee--actually, we debated it in 2009 in committee, this particular section--they wanted to kill the whole bureau. They were opposed to the notion of an independent consumer bureau.
Understand where we are. Consumer protection has always, until last year, been consigned to the financial regulators. Indeed, the largest single share of consumer protection was given, of all entities, to the Federal Reserve--and it's been, at best, a second thought for them and for some a non-thought. And the Republican position during the debate on this was: Do not set up a separate agency. Now they say, well, we're not opposing a separate agency, we just want to dismantle it, in effect. So we will get into the specifics, but let's be clear: This is as close as they dare come now because of public opinion to abolishing the whole agency. They want to weaken it, and then they will want to undercut it altogether.
Of course, this is the third major assault they've made on the financial reform bill. Yesterday in committee, incredibly the Financial Services Committee voted to reduce the liability that rating agencies will face if they put an inaccurate statement into a prospectus. And if you buy that security based on inaccuracies in the rating agencies, they want to lessen what we try to give people in the bill as a right to sue. And of course consistently the Republicans have voted specifically to deny to the Commodity Futures Trading Commission the funds that they would need to deal with speculation in energy. And Mr. Kingston, on behalf of the majority, said speculation's got nothing to do with the oil prices. No one believes that except apparently him and maybe those Republicans who voted with him. Today there is an assault on the most important thing that's ever been done to protect consumers in the financial area.
Now the Republicans have been saying, we're not trying to kill it, we just want to make it work a little better. But last year--and I will put in the Record statements from about a dozen of the Republicans--Mr. Garrett, Mr. Hensarling, Mr. Price, Mrs. Biggert, Mr. Manzullo, Mr. Bachus, many others--making very clear they didn't want the whole agency. So this notion that they're just trying to improve it is belied by the fact that they tried to kill it.
But even then, Mr. Bachus sometimes has trouble sticking to his own line. Here's what he said this morning on CNBC: ``We're not trying to kill it. That has been totally misrepresented. Republicans stand strongly behind consumer protection. We, however, think that safety and soundness has to be considered. So we don't worry about a Federal Reserve or an FDIC, but we do worry about a consumer protection agency whose sole goal is to benefit consumers without considering how that benefit affects the stability of our financial institutions.'' Well, it doesn't go the other way. They don't worry about what the financial institutions do to the consumers. But let me read again what he says, We do worry about a consumer protection agency whose sole goal is to benefit consumers without worrying about the poor banks.
What the bill will do will be to put the bank regulators back in charge of consumer protection--and these are the bank regulators of whom Mr. Bachus, the chairman of the committee, earlier said the regulator's job is to serve the banks. So in roundabout ways they are trying to accomplish here what they admitted they want to accomplish before.
The consumer agency does not have an aggressive role. It doesn't go out there and do things in a positive way; it is a protection agency. Now we passed a credit card regulation bill--and many on the Republican side were very opposed to that a couple of years ago; it has worked very well. One of the main authors, the gentlewoman from New York (Mrs. Maloney), is here. That has helped people, it hasn't hurt them.
One of the things the consumer agency gets under our bill is the power to cover currently nonregulated entities--payday lenders, mortgage lenders--who aren't covered. Frankly, that's in the interest of the consumer. The Credit Union Federation likes much of the Republican bill, but they don't like the part that would slow down the takeover of regulation over their competitors.
Bad mortgages were not just a problem for individuals, they were a problem for the whole economy. We want to strengthen the ability to go after bad mortgages. They don't want that to happen. So let's be very clear: This is a party, the Republican Party, that tried to kill this-- --
Madam Speaker, what we have is, as the statements that I am submitting show, the Republicans wanted last year to maintain the status quo in which the regulators of the banks--whose job it is, according to the Republican chairman of the committee, to serve the banks--would maintain this. And they worry about an institution whose sole goal is to protect consumers. He says, We don't worry about the Federal Reserve, we don't worry about the FDIC, we worry about an institution whose sole goal is to protect the consumers.
They do understand that politically it's not a good idea to be fully straightforward about their intention--when they would really like to repeal it--but what they are trying to do instead today is substantially weaken it. And the most important thing they will do will be to put back in charge of the independent consumer regulator the very bank regulators who historically have not protected the consumer-- because some of them agreed with the chairman of the committee, the Republican chairman, that their job was to serve the banks--and it would substantially weaken consumer protection. I do not think that is the right way to go.
Excerpts From the Financial Services Committee October 2009 Markup of
H.R. 3126, the Consumer Financial Protection Agency Act
Rep. Price
``I think more appropriately, this bill would be called
`The Restricting the American Dream and Jobs Destruction
Act.' And I say that with all sincerity, pointing out that
there are multiple, multiple entities that cover literally
millions of jobs out there, that have gone on record and
said: This is absolutely the wrong direction in which to head
at this time, especially this time, a time of remarkable
economic challenge.''
Rep. Royce
``I'm afraid this legislation and the establishment of a
product approval agency will create more problems than it's
going to resolve, especially with respect to this safety and
soundness.''
Rep. Manzullo
``This is not the time to have additional rules and
regulations on products which are already regulated. And
then, to take 400 million dollars away from the Federal
Reserve, which could have outlawed 327s and 228s and the so-
called teaser mortgages, it doesn't make sense. This is like
cutting the police force by 20 or 30 percent. That's why I
have a big problem with why we're even considering this bill
when no agency wants it.''
Rep. Biggert
``What's the answer to the financial meltdown? How do we
prevent it from happening again? What's not the answer is to
create another federal agency. Allegedly, to protect
consumers. We already have the OCC, the OTS, the NCUA, the
FDIC and the Fed. The underlying bill would pile 50 state
regulators on top of that. Why not address the real problem
with these agencies instead of creating another one? Are we
creating another agency or a problem? Are we creating a
guarantee for consumers that they will certainly never be, or
less likely to be, caught up in a bad financial situation? Or
a product that they really shouldn't have signed the dotted
line for?
``No, there is no guarantee.''
Rep. Bachus
``Mr. Chairman, I want to reiterate that I believe this
underlying legislation creates a new large and expensive
government bureaucracy with broad and ambiguous powers that
will ration credit and limit consumer choice. The legislation
gives this new agency and its czar-like chairman or director
the power to impose both fees and taxes on all financial
products, which are broadly defined. It is not about consumer
protection. It is about creating a financial product approval
agency with the powers to review and approve financial
products. Real consumer protection must include consumer
choice, competitive markets, vigorous enforcement of anti-
fraud law, effective disclosure, and product innovation.
Regrettably, that is not what the Democratic proposal does.
Placing broad rule-making authorities in the hands of an
untested agency will limit innovation and restrict credit . .
. Congress should not create another layer of federal
bureaucracy whose mission includes rationing credit and
limiting choice.''
Rep. Bachus
``What we are creating here is a new Financial Products
Approval Agency that has the power to review and approve all
financial products. That means they have a right basically to
fix prices because they may not approve them unless a certain
price is agreed to. They could actually set a price.
They can ration credit, whatever else the credit card
legislation did last year and any benefit it had, it has
already resulted in people's credit limits being lowered, it
has resulted in interest rates going up on account, it has
resulted in annual fees being imposed. Consumers today have a
broader array of choices, and choice is good. Innovation is
good. In fact, I think the greatest form of consumer
protection is giving individuals a choice, if they have a
credit card and they want to choose a different credit card
or drop that credit card.
This bill is going to limit competition. It is not about
enforcing anti-fraud laws. It is not about effective
disclosure. It is not about protecting people from unethical
behavior.
It is placing broad rulemaking authority in the hands of an
untested agency, one that is going to be created from
scratch, one that has no appreciation for safety and
soundness, that has no history of financial regulation.
Now is not the time to restrict choice and credit. It is
not the time to start rationing these things. We have seen in
health care proposals to ration health care. We have seen
instances where the Government wants to come in and begin to
regulate the energy and how we create energy and said no to
nuclear energy.
Now we see it in financial services. We are witnessing a
broad expansion of Government interference and involvement.
None of those things, it was not choice that created the
financial crisis that we faced last year.''
Rep. Biggert
``You know, there is no question that our financial service
regulatory structure is broken, and for both consumers and
the health of our financial services industry and the
economy, we need to clean it up. However, I fear that we are
moving in the wrong direction when we strip from the banking
regulators their mission to protect consumers; instead, we
place the responsibility with a new government bureaucracy.''
Rep. McHenry
``What we have here is an agency that will restrict credit,
will restrict new products from being offered, innovation in
the private sector and in the financial marketplace, and in
the end, it will hurt consumers, not help them. This is a
credit constriction agency, not a consumer protection
agency.''
Rep. Bachmann
``I would also like to add to the conversation that I too
support the Biggert amendment, because the CFPA, in my
estimation, it would ultimately increase the costs on
American consumers and reduce the customized type of
products that are available to them, increase costs,
reduce the type of products.''
Rep. Hensarling
``Ultimately, we do not view this as a bill that promotes
consumer protection. Ultimately, what we have is a brand new
large draconian Federal agency with new sweeping powers that
is going to have the ability to declare financial products
and services unlawful based on subjective opinions about
``unfairness'' and subjective opinions about what is
'abusive.''
Rep. Neugebauer
``When you look at this bill, we're going to give
unprecedented authority to one individual, who's not elected,
to really, basically determine whatever kind of consumer
protection rule or regulation that they want to put on the
books. And they get to do that. You know, the American people
send their Members of Congress up here to make those
decisions. To look after their interests. And now, we're
going to relegate that decision, that empower this one
individual to do that. Somehow, I don't think that's in the
best interest of the American people.''
Madam Speaker, if I had to stand up here and defend weakening consumer protection in the area of financial activity, I wouldn't be too eager to do it either. So I understand the absence of discussion here.
Let me make one general point. When we legislate, you have to take history into account and what the balance is. The argument essentially of the Republican Party here is--and I wish it weren't partisan, but it is. They have made it partisan, not us. The position of the Republican Party is that there is a serious danger that we will overprotect the consumer. That the Federal regulators will do too much for the consumer. That's an extraordinary fear indeed to have. That's not a fear. It's a phobia. It is based on unreality.
The fact is, as we've seen this now, we were able to get that legislation enacted with the brilliant work of Elizabeth Warren, whose nomination did not come as it should have, although I very much admire the man who was nominated, Mr. Cordray, but what we had was an unusual moment because the irresponsible practices of many, not all, in the financial community--and by the way, let me repeat: Much of the problem came from the unregulated, not from the financial institutions. And one of the things we do in this bill, which is supported by the Credit Union National Association, is to cover the unregulated so that community banks and credit unions which did not cause this problem are protected from the pressures of unfair competition by the unregulated. But what we had was an unusual moment in which there was a great deal of public awareness of the need to deal with this. So we were able to get an independent consumer agency through, over the unanimous opposition of the Republican Party.
But as things go forward, the average citizen has got other things to worry about. So what we'll see is the bank lobbyists and the nonbank lobbyists and all the people who represent these mortgage lenders already trying to erode things. Apparently, my colleagues would like people to believe that they seriously think that the danger is we will protect the consumer too much. I defy anyone to show me a moment in American history when we did too much to protect consumers in the financial area. What we try to do here is to put something in place that will go against that overriding tendency to underprotect the consumer. And the Republicans say, Oh, no, we're for consumer protection. We're not trying to abolish this agency. Yes, they are.
Let me cite the bill they sponsored last year. The gentlewoman from Illinois (Mrs. Biggert) supported the bill. What it did was, it would take the Federal Financial Institutions Examination Council, extend it to 14 members. It would put on there for consumer protection a whole range of Cabinet officers and others. And it would give them the power to study this issue. But it is very, very clear that this council would have no power.
Here's what it says. This is the Biggert bill that was submitted instead of an independent consumer agency with enforcement powers. Page 5: No provision of this subsection shall be construed as conferring any enforcement authority to the Council. Here's what it does to come to the aid of the beleaguered consumer. It sets up a hotline. I don't know what movies they've seen, but I can't remember one where a hotline rode to the rescue of the imperiled.
So they establish a toll-free hotline and Web site to contact regarding inquiries or complaints related to consumer protection. And what does this powerful council do with this important hotline? It refers the inquiries of complaints to the appropriate council member. You know who your council members are? The bank regulators, the Federal Reserve, the Comptroller of the Currency. So instead of having an independent agency--and yes, the chairman of the committee, Mr. Bachus, said, We think that safety and soundness has to be considered; so we don't worry about a Federal Reserve and FDIC. They had no interest in the fact that they underprotected consumers and allowed consumers to be abused, historically. We do worry, Mr. Bachus says, about a consumer protection agency whose sole goal is to benefit consumers without considering how that benefit affects the banks, because he believes the regulators are there to serve the banks.
So here's the Republican plan. It takes the bank regulators, you throw in a few other Cabinet officers, you get it to an unwieldy size. You let them do studies, and you let them set up a hotline. You let them set up a hotline. What a powerful tool. And when things come in over the hotline, they then refer them back to the very same bank regulators who failed to do this. Now, that's what they really wanted.
We were able to get this passed. And they know it's popular. They understand what the public thinks. The public does not think that the poor banks
need to be protected against these rapacious consumers. So they come up with--instead of repealing it outright--with ways to weaken it. We ought to reject this because this particular bill is a proxy for what they really want to do--abolishing the whole agency.
First, Madam Speaker, I want to reassure the gentleman from Texas I don't think he's sinister. I think he is opposed to effective consumer protection. I think he and the other Republicans, some of them believe--the chairman of the committee--that the regulators are there to serve the banks. I do believe that they were opposed to it last year. And I appreciate his honesty, his approach towards openness when he said perhaps they're against it. Perhaps they're against it. They understood it would be a bad idea to go all out to try to weaken it.
But let me respond to his point about confirmation. It's bogus, Madam Speaker. He said we're just trying to hold this up until there's a confirmation. But 44 Republican senators have announced that they will not allow any confirmation to go forward--they will filibuster it, and they have more than the 40 they need to do that--until the agency is weakened. They have said they will not allow it to go forward until we allow the bank regulators, who Republicans think are there to serve the banks, can overrule this. And they weren't just saying that about Elizabeth Warren. Forty-four Republican senators contradicted the gentleman from Texas. He talked about this wonderful confirmation process. It can't happen because 44 Republicans have said until we give in and weaken the agency, they won't confirm anybody.
My friend is unfair to the Republicans, because they do create more jobs in this bill. The CBO says this bill will cost $71 million because instead of the single administrator, they want to create four more bureaucrats, with more staff. CBO says this will cost $71 million.
So, in fact, there are some jobs they're going to create. They will be for bureaucrats who can dilute the activity of the consumer bureau.
Will the gentleman yield?
First, I would say the Comptroller of the Currency, which is in the Treasury for administrative purposes, is legally independent, and the Secretary of the Treasury has no right to interfere. The Comptroller of the Currency is not subject to appropriation; so the Comptroller of the Currency is even more independent.
The gentleman made a statement. I am ready to get to it. Do you want me to answer?
You made a statement about the Comptroller of the Currency, a statement which I thought was inaccurate, and I wanted to correct it.
Now, as to Elizabeth Warren, yes, that's what she originally proposed, and I decided and others on our side decided that this would be more effective. We thought, after listening, that the five-member commission wouldn't work as well, particularly with the Senate refusing to confirm with the 44 Senators.
So, yes. We listened, and we decided it would be a stronger agency.
A point of order, Mr. Speaker.
I won't quite ask for them to take my words down, but the gentleman just simply misstated, blatantly, what I said. He said I want a single accountable czar. He was not quoting me. I said I wanted a single person.
It is that the gentleman misstated my words quite clearly, and I believe they should be taken down if he is not ready to rescind them.