Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2706) to provide requirements for the appropriate Federal banking agencies when requesting or ordering a depository institution to terminate a specific customer account, to…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2706) to provide requirements for the appropriate Federal banking agencies when requesting or ordering a depository institution to terminate a specific customer account, to provide for additional requirements related to subpoenas issued under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and for other purposes, as amended.
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks, and include extraneous material on this bill.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, today the House will consider an amended version of H.R. 2706, the Financial Institution Customer Protection Act, legislation I introduced in an effort to provide greater transparency and accountability among banking regulators.
Over the past few years, members of the Financial Services Committee and others in the House have expressed bipartisan concern surrounding Operation Choke Point, the Department of Justice and FDIC-led initiative that sought to separate legal businesses from financial services they need to survive.
People may think Operation Choke Point is limited to payday lenders or the banks serving them, but it is not. This initiative has spread to many industries, including tobacco shops, pawn brokers, ATM operators, even amusement gaming companies, to name just a few. Even attorneys and third parties that serve these industries have been impacted.
The underlying problem here is significant. The Federal Government should not be able to intimidate financial institutions into dropping entire sectors of the economy as customers, based not on risk or evidence of wrongdoing, but purely on personal and political motivations.
This type of program sets an incredibly dangerous precedent that shouldn't be permitted under any Presidential administration. There needs to be a process in place to ensure that the banking regulators have the ability to pursue bad actors, but not to punitively target specific businesses or products that operate and are offered within the confines of the law.
This legislation offers a straightforward approach to a complicated problem. It simply dictates that Federal banking regulators cannot suggest, request, or order a financial institution to terminate a banking relationship unless the regulator has material reason beyond reputational risk. It also puts in place the requirement that agency management sign off on any account termination request or order.
The provisions contained in H.R. 2706 are so reasonable, in fact, that the FDIC has already used its authority to put them in place. Effective 2015, agency policy now requires supervisory staff to track and document account termination recommendations. Such recommendations must now be made in writing and not through informal suggestion. FDIC regional leadership must be made aware of any such recommendation, and the basis for such recommendation cannot rely solely on reputational risk.
The original bill would have also struck the word ``affecting'' in FIRREA and replaced it with ``by'' or ``against.'' I maintain that this modest change would have helped to ensure that broad interpretations of the law are limited and that the original intent of the statute, helping to penalize fraud against or by financial institutions, is restored.
Attorney General Sessions announced the end of Operation Choke Point earlier this year, and we have noticed a dramatic decline in FIRREA subpoenas resembling those seen during the height of the initiative. The issues with FIRREA still need to be addressed, and while H.R. 2706 is not the opportunity to do that, I will continue to press for reasonable reforms and clarifications of the law.
Within the banking agencies, these account termination requests are still a significant problem. Just last week, I had a meeting with an industry that has seen a rash of account terminations in Missouri, Massachusetts, Rhode Island, California, Texas, and Wisconsin, to just name a few of the States that have been affected. We have to restore order, Mr. Speaker. Our goal should be to have more individuals and businesses in banks, not forced from them.
Mr. Speaker, I remind my colleagues that the House has passed by a voice vote two appropriations amendments prohibiting funding for Operation Choke Point. Members from both sides of the aisle have written letters and
talked to regulators about the dangers of such a program. This is a very real issue and one that must be addressed.
Again, I want to emphasize that it is essential that DOJ and financial regulators maintain the ability to pursue bad actors or anyone they think could be a bad actor. This amended version includes language offered by Ranking Member Waters to ensure that customer account termination notices don't interfere with ongoing criminal investigations. The checks and balances in this legislation would help to ensure accountability among the regulators and would in no way hinder the ability of any executive branch agency from going after individuals or businesses suspected of fraudulent activity.
This legislation offers a responsible approach to curbing the malpractice we have seen in Operation Choke Point. I want to thank the many colleagues who worked with me on this legislation, in particular, the gentleman from Washington (Mr. Heck), Chairman Hensarling, and Ranking Member Waters for helping to get this considered on the suspension calendar today.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve the balance of my time.
Mr. Speaker, I yield 5 minutes to the gentleman from Indiana (Mr. Hollingsworth), who is a distinguished member of the Financial Services Committee.
Mr. Speaker, I just want to reiterate that this bill is about greater transparency and accountability among the banking regulators.
The Federal Government should not be able to intimidate financial institutions into dropping entire sectors of the economy's customers based on personal and political motivations. It should be based on risk and evidence of wrongdoing.
Our new AG has stopped this practice, and the FDIC has incorporated many of the principles in this bill already into their standard operating procedures. But the importance of this bill is to codify in law for the regulators the guardrails that are necessary to keep this from happening to protect our citizens from this and many other activities by an overreach of the bureaucracy.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.