The House on Wednesday passed the Bureau of Consumer Financial Protection
Advisory Boards Act. The bill with the long name would require the director of
the CFPB to create a Small Business Advisory Council within the shadowy agency
and codify the previously established Credit Union Advisory Council and the
Community Bank Advisory Council.
It now moves on to the Senate for consideration.Point, a secretive,
multi-agency initiative aimed at choking out the finances of businesses the
Obama administration doesn’t care for.
While the bill creates more layers of government, it provides what critics claim
is some much needed , real-world counsel to an agency that operates with little
oversight.
“An agency as powerful as the CFPB will benefit from the advice of small
businesses, community banks and credit unions,” Financial Services Committee
Chairman Jeb Hensarling, R-Texas, said in a statement. “The CFPB should listen
to them so it can issue smart regulations rather than dumb regulations that harm
Main Street America.”
CFPB, assisted by several other financial services regulators, has drawn
political heat for its leadership role in Attorney General Eric Holder’s
Operation Choke Point, an initiative targeting merchants that don’t fit into the
Obama administration’s idea of what an American business ought to be.
Two retailers have told Watchdog.org their horror stories about being caught in
the cross hairs of the multi-agency effort ostensibly aimed at going after
unlawful consumer fraud by “choking” off access to banking systems.
“Our vision is a consumer finance market place that works for American
consumers, responsible providers, and the economy as a whole,” the Consumer
Financial Protection Bureau’s website declares.
Critics say that vision is about picking winners and losers in the business
world through an overreaching, harassing campaign.
Operation Choke Point was never intended to be made public, but that all changed
last year when victims of abusive, heavy-handed tactics stepped forward.
“We’re looking at one of the most prolific abuses of power this (Obama)
administration has been a part of,” said Brian Wise, senior adviser to the U.S.
Consumer Coalition, in a Watchdog story last month. The coalition bills itself
as a “grassroots organization that works to protect consumers’ right to access
free-market goods and services.”
Operation Choke Point, Wise said, has served to limit consumer access as it
interferes with legitimate businesses.
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Proponents of the initiative and the CFPB assert the effort is
about saving consumers from the clutches of predatory lending
practices and a long list of other available, and legal, consumer
products.
USCC knows of more than 100 cases of victims targeted by the DOJ,
but the organization is confident there are thousands more under
assault.
“Due to the lack of congressional oversight, and the unique
funding and leadership structure of the CFPB, the Administration
knows that it will make the perfect agency to carry on the legacy of
Operation Choke Point. The Administration will continue to remove
any obstacles in their way,” Wise said in a statement earlier this
month.
The CFPB gets its funding transferred from the Federal Reserve. It
is not part of the congressional appropriations process, a
“perennial sore spot” for Republican lawmakers, according to a piece
this week in American Banker.
Republican lawmakers attached an amendment to the bill creating the
advisory boards that would cover the operational costs of those
boards by cutting the CFPB’s budget. The measure, according to
estimates, could cut the agency’s budget by as much as $100 million
over the next 10 years.
“The bill before us today is just the latest instance of (House)
Financial Services Committee Republicans snatching defeat from the
jaws of victory,” Rep. Maxine Waters, D-Calif., ranking member on
the banking panel, said during a heated debate Wednesday afternoon,
according to a story in American Banker. “It makes clear their
commitment to do all they can to undercut the Consumer Financial
Protection Bureau — an agency with an extraordinary record of
success protecting consumers, reining in bad actors, and ensuring
that we do not return to the predatory practices that put this
nation on the verge of economic collapse less than 10 years ago.”
But the U.S. Consumer Coalition said the bill brings accountability
to an overreaching agency that has spent taxpayer resources
harassing legal businesses.
“The CFPB’s current structure allows for it to make unilateral
policy decisions with little regard to the concerns of American
small businesses and consumers,” the coalition said in a statement.
“(This) bill would ensure the participation of small businesses in
advising and consulting the Bureau on emerging regulations.”
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