[House Hearing, 115 Congress] [From the U.S. Government Publishing Office] LEGISLATIVE PROPOSALS FOR A MORE EFFICIENT FEDERAL FINANCIAL REGULATORY REGIME: PART III ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON FINANCIAL INSTITUTIONS AND CONSUMER CREDIT OF THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION __________ JANUARY 9, 2018 __________ Printed for the use of the Committee on Financial Services Serial No. 115-68 [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] __________ U.S. GOVERNMENT PUBLISHING OFFICE 31-324 PDF WASHINGTON : 2018 ----------------------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Publishing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-mail, [email protected]. HOUSE COMMITTEE ON FINANCIAL SERVICES JEB HENSARLING, Texas, Chairman PATRICK T. McHENRY, North Carolina, MAXINE WATERS, California, Ranking Vice Chairman Member PETER T. KING, New York CAROLYN B. MALONEY, New York EDWARD R. ROYCE, California NYDIA M. VELAZQUEZ, New York FRANK D. LUCAS, Oklahoma BRAD SHERMAN, California STEVAN PEARCE, New Mexico GREGORY W. MEEKS, New York BILL POSEY, Florida MICHAEL E. CAPUANO, Massachusetts BLAINE LUETKEMEYER, Missouri WM. LACY CLAY, Missouri BILL HUIZENGA, Michigan STEPHEN F. LYNCH, Massachusetts SEAN P. DUFFY, Wisconsin DAVID SCOTT, Georgia STEVE STIVERS, Ohio AL GREEN, Texas RANDY HULTGREN, Illinois EMANUEL CLEAVER, Missouri DENNIS A. ROSS, Florida GWEN MOORE, Wisconsin ROBERT PITTENGER, North Carolina KEITH ELLISON, Minnesota ANN WAGNER, Missouri ED PERLMUTTER, Colorado ANDY BARR, Kentucky JAMES A. HIMES, Connecticut KEITH J. ROTHFUS, Pennsylvania BILL FOSTER, Illinois LUKE MESSER, Indiana DANIEL T. KILDEE, Michigan SCOTT TIPTON, Colorado JOHN K. DELANEY, Maryland ROGER WILLIAMS, Texas KYRSTEN SINEMA, Arizona BRUCE POLIQUIN, Maine JOYCE BEATTY, Ohio MIA LOVE, Utah DENNY HECK, Washington FRENCH HILL, Arkansas JUAN VARGAS, California TOM EMMER, Minnesota JOSH GOTTHEIMER, New Jersey LEE M. ZELDIN, New York VICENTE GONZALEZ, Texas DAVID A. TROTT, Michigan CHARLIE CRIST, Florida BARRY LOUDERMILK, Georgia RUBEN KIHUEN, Nevada ALEXANDER X. MOONEY, West Virginia THOMAS MacARTHUR, New Jersey WARREN DAVIDSON, Ohio TED BUDD, North Carolina DAVID KUSTOFF, Tennessee CLAUDIA TENNEY, New York TREY HOLLINGSWORTH, Indiana Shannon McGahn, Staff Director Subcommittee on Financial Institutions and Consumer Credit BLAINE LUETKEMEYER, Missouri, Chairman KEITH J. ROTHFUS, Pennsylvania, WM. LACY CLAY, Missouri, Ranking Vice Chairman Member EDWARD R. ROYCE, California CAROLYN B. MALONEY, New York FRANK D. LUCAS, Oklahoma GREGORY W. MEEKS, New York BILL POSEY, Florida DAVID SCOTT, Georgia DENNIS A. ROSS, Florida NYDIA M. VELAZQUEZ, New York ROBERT PITTENGER, North Carolina AL GREEN, Texas ANDY BARR, Kentucky KEITH ELLISON, Minnesota SCOTT TIPTON, Colorado MICHAEL E. CAPUANO, Massachusetts ROGER WILLIAMS, Texas DENNY HECK, Washington MIA LOVE, Utah GWEN MOORE, Wisconsin DAVID A. TROTT, Michigan CHARLIE CRIST, Florida BARRY LOUDERMILK, Georgia DAVID KUSTOFF, Tennessee CLAUDIA TENNEY, New York C O N T E N T S ---------- Page Hearing held on: January 9, 2018.............................................. 1 Appendix: January 9, 2018.............................................. 43 WITNESSES Tuesday, January 9, 2018 Astrada, Scott B., Director of Federal Advocacy, Center for Responsible Lending............................................ 7 Fisher, Robert, President and Chief Executive Officer, Tioga State Bank, on behalf of the Independent Community Bankers of America........................................................ 5 Gleim, Edward J., Executive Vice President and Chief Operating Officer, Triad Financial Services, on behalf of the Manufactured Housing Institute................................. 4 Shuman, Matthew J., Director, Legislative Division, The American Legion......................................................... 9 APPENDIX Prepared statements: Astrada, Scott............................................... 44 Fisher, Robert............................................... 63 Gleim, Edward J.............................................. 69 Shuman, Matthew J............................................ 75 Additional Material Submitted for the Record Delaney, Hon. John: Written statement from the Association of the United States Navy....................................................... 80 Article from CBS Boston entitled, ``WWII Vet Mistakenly Billed $4K for Medical Care, Revealing VA Problem''........ 81 Article from Military Times entitled, ``Veterans Choice program hurting some vets' credit scores''................. 84 Written statement from the Wounded Warrior Project........... 88 Emmer, Hon. Tom: Written statement from the Consumer Bankers Association...... 89 Pearce, Hon. Stevan: Written statement from the Coalition to Save Seller Financing 91 LEGISLATIVE PROPOSALS FOR A MORE MORE EFFICIENT FEDERAL FINANCIAL REGULATORY REGIME: PART III ---------- Tuesday, January 9, 2018 U.S. House of Representatives, Subcommittee on Financial Institutions and Consumer Credit, Committee on Financial Services, Washington, D.C. The subcommittee met, pursuant to notice, at 2:01 p.m., in room 2128, Rayburn House Office Building, Hon. Blaine Luetkemeyer [chairman of the subcommittee] presiding. Present: Representatives Luetkemeyer, Rothfus, Posey, Ross, Pittenger, Barr, Tipton, Williams, Love, Trott, Loudermilk, Kustoff, Tenney, Clay, Maloney, Scott, Velazquez, Green, Heck, and Crist. Also present: Representatives Emmer, Hultgren, Pearce, and Delaney. Chairman Luetkemeyer. The committee will come to order. Without objection, the Chair is authorized to declare a recess of the committee at any time. This hearing is entitled ``Legislative Proposals for a More Efficient Federal Financial Regulatory Regime: Part III.'' Before we begin, I would like to thank the witnesses for appearing today. I appreciate your participation and look forward to a productive discussion. I also ask unanimous consent that the gentleman from Minnesota, Mr. Emmer, and the gentleman from Illinois, Mr. Hultgren, and the gentleman from Maryland, Mr. Delaney, are permitted to participate in today's hearing. While not members of the subcommittee, these gentlemen are members of the Financial Services Committee, and we appreciate their participation today. Without objection, they are allowed to serve. I now recognize myself for 4 minutes for the purposes of delivering an opening statement. Today, this subcommittee will continue on its quest to advance legislation to improve customers' access to financial services and products. Financial companies continue to face an onslaught of Obama-era rules and regulations that do little more than establish unnecessary hurdles to compliance and limit access to credit. The CFPB's (Consumer Financial Protection Bureau's) Home Mortgage Disclosure Act (HMDA) rules are a prime example. Under Director Cordray's tenure, the CFPB added some 30 new data points to HMDA reporting requirements. These data points offer little to no additional protection for consumers or the financial system but expose banks and credit unions to unnecessarily stringent examinations and liability. While Acting Director Mulvaney has signaled a change in HMDA reporting requirements, a move that is most welcome, this committee will continue to pursue legislative efforts to make permanent reforms in these important policy areas. I want to thank the gentleman from Minnesota, Mr. Emmer, for his continuing work on the HMDA issues and for leading one of the bills we will discuss today. I also want to recognize Mr. Hultgren, Mr. Williams, Mr. Pearce, and Mr. Delaney for their fine work. Mr. Delaney and Mr. Hultgren have introduced legislation to ensure veterans don't take a hit on their credit scores because of mistakes made by the VA. Mr. Pearce has drafted legislation to safeguard the availability of manufactured housing, something of vital importance to his constituents across New Mexico, as well as mine in Missouri, as well as the rest of rural America. Mr. Williams has championed legislation to ensure our Nation's small and midsize institutions aren't subjected to standards and examinations designed for and more suited to the Nation's largest financial companies. And Mr. Hultgren continues to advocate for the development and implementation of a short-form call report for our Nation's smallest community banks. As I have said in previous hearings, the regulatory pendulum has swung too far. Rules and regulations are driving financial institutions to merge, exit entire lines of businesses, discontinue services to their customers, and, in some cases, permanently close their doors. We see it every day and hear about it not just from institutions but also from their customers, many of whom have experienced increased difficulty getting access to credit and other financial products. I recognize it is possible to have a regulatory regime that protects the American people and financial system without needlessly hindering consumer choice. The bills we will discuss today will help to foster a more reasonable regulatory system that frees lenders and sellers to do what they do best: Offer financial products and services to their customers and grow their communities. We had a gentleman here who testified recently, Greg Williams, the CEO and President of Gulf Coast Bank & Trust from New Orleans. He made the comment, he said, ``The interesting thing is everybody in Washington loves community banks, but nobody loves them enough to do anything about that.'' Hopefully, today we can start the process of doing something about that. We have a distinguished panel with us today, and I thank them in advance for their participation. With that, the Chair now recognizes the gentleman from Missouri, Mr. Clay, the Ranking Member of the subcommittee, for 5 minutes for an opening statement. Mr. Clay. Thank you, Mr. Chair, and thank you for conducting this hearing. At this time, I have no opening statement. Hopefully, we can get right into the testimony. I yield back. Chairman Luetkemeyer. The gentleman yields back. That is a first, that Mr. Clay has nothing to say. We will please note that for the record. The Chair now recognizes the gentleman from Minnesota, Mr. Emmer, for 1 minute to deliver an opening statement. Mr. Emmer. Thank you, Chairman Luetkemeyer, for allowing me to participate in today's hearing. More than one-third of counties in America don't have a locally based financial institution. And lending rates in many of the most rural parts of our Nation remain below 1996 levels. Now, more than ever, Main Street banks and credit unions need real relief from onerous Washington regulations. Today, as this committee reviews the Home Mortgage Reporting Relief Act, we are taking another step forward. This bill gives community financial institutions additional time to comply with excessive mortgage disclosure data collection rules imposed by the Consumer Financial Protection Bureau to help Main Street banks do what they do best: Help families across this country achieve the American Dream. It was great to see the CFPB's action last month to delay enforcement of the 2015 rule, but Congress can and should do more. Again, thank you to Chairman Luetkemeyer for holding this hearing and including H.R. 4648. And a special thanks to Representative Hultgren for all of his work on this bill and this important issue as well. And I yield back. Chairman Luetkemeyer. The gentleman yields back. We will begin our testimony. And before we get started, I would just like to also make note of the fact that we are expecting votes about 3:30, so hopefully we can get as far as we can. We will see if we can get the hearing completed. If not, we will complete it after we return. But just to give everybody a heads-up, we may have to call a timeout here at some point. With that, today we welcome the testimony of Mr. E.J. Gleim, Executive Vice President and Chief Operating Officer of Triad Financial Services, on behalf of the Manufactured Housing Institute; Mr. Robert Fisher, President and Chief Executive Officer, Tioga State Bank, on behalf of the Independent Community Bankers of America; Mr. Scott Astrada, Director of Federal Advocacy, Center for Responsible Lending; and Mr. Matthew Shuman, Director, Legislative Division, The American Legion. We will recognize each of you for your oral statements. I would like to yield to the gentlelady from New York, Ms. Tenney, for the purposes of making a brief introduction. Ms. Tenney, you are recognized. Ms. Tenney. Thank you, Chairman Luetkemeyer. It is my honor and privilege to introduce Mr. Robert Fisher today. Mr. Fisher is the President and CEO of Tioga State Bank, which serves thousands of New Yorkers within my district and throughout our State. Tioga State Bank is a great example of how a community bank continues to serve our local communities by offering consumers with credit to improve the quality of life for our rural communities. And we welcome him today and look forward to your testimony. Thank you so much, Chairman. Chairman Luetkemeyer. I thank the gentlelady. With that, we will recognize each of you for 5 minutes to give an oral presentation of your testimony. Without objection, each of your written statements will be made part of the record. Just for a brief tutorial on our lighting system, green means go; you have 5 minutes. When you get to the 1-minute mark, you will get a yellow light. I would ask you to hopefully wrap up in that 1 minute. And when it hits red, hopefully you can stop very quickly thereafter, or else you get the hammer from me. With that, Mr. Gleim, you are recognized for 5 minutes. STATEMENT OF EDWARD J. GLEIM Mr. Gleim. Thank you, Chairman Luetkemeyer, Ranking Member Clay, and Members of the subcommittee for the opportunity to testify. I am the Executive Vice President and Chief Operating Officer of Triad Financial Services, Inc. I am appearing before you on behalf of the Manufactured Housing Institute (MHI), where I serve on the board of directors and as Chairman of MHI's Financial Services Division. Thank you for the opportunity to present MHI's views on the important bills before the subcommittee today. Manufactured housing is the largest form of unsubsidized affordable housing in the country, providing housing for more than 22 million people across the country. The affordability of manufactured homes enables first-time home buyers, retirees, and families to obtain housing that is cheaper than renting or purchasing site-built homes. New manufactured homes make up approximately 9 percent of new single-family home starts. The manufactured housing industry is committed to protecting consumers throughout the home-buying process. However, because of the small size of manufactured home loans, the manufactured housing finance has been acutely impacted by recent regulations. Many lenders have exited the manufactured housing space as a result of increased compliance burdens following the implementation of the Dodd-Frank Act. Lending in the manufactured housing space is simply too small and unprofitable to cover the increased compliance costs. Reasonable modification to the regulations are a critically important element to restoring a robust market of manufactured housing financing. All small lending institutions are disproportionately impacted on onerous CFPB rules. To the maximum extent possible, we encourage you to ensure the legislation before you today applies equally for those small lenders that are depository institutions and those that are nondepository institutions so that the legislation applies to those lending institutions that make manufactured home loans. My written testimony provides detailed comments on each of the bills before the subcommittee. Let me briefly summarize those views. H.R. 1264 constrains the ability of the CFPB to adopt rules and regulations that have the effect of limiting the ability of small financial institutions to provide affordable mortgage credit to consumers. Indeed, one-size-fits-all CFPB regulations are causing small lenders to curtail financing for small-dollar loans since compliance costs are increasing and challenging the profitability of such loans. One area that this has been quite acute is with respect to loans for manufactured housing. In fact, some nondepository lenders are turning down almost three-quarters of the applications they receive, and, in the majority of cases, it is due to CFPB rules and regulations. We would point out that H.R. 1264 only applies to depository institutions and therefore does not alleviate the host of burdensome compliance requirements for nondepository manufactured home lenders. H.R. 2683 is a balanced way to address the erroneous reporting of adverse credit information due to an inefficient VA repayment system. The bill protects veterans and upholds the integrity of the credit reporting system. MHI's lenders believe that the credit report should accurately reflect the repayment history of individuals seeking credit to purchase a manufactured home. H.R. 4648 is an appropriate and measured response to the concerns that have been raised about HMDA data reporting requirements. The new HMDA data reporting requirements will cause more lenders to stop making smaller loans because of the cost of compliance and because the cost is too high to justify remaining in the manufactured housing lender space. With respect to seller financing, the ability to finance homes is an important issue for many manufactured home community owners who wish to ensure the manufactured homes within their community are occupied. The legislation before the committee would increase the number of loans they could make per year before triggering the Truth in Lending Act from three loans to five loans. The bill does this while retaining essential consumer protections. MHI stands ready to work with the subcommittee to make regulatory changes to ensure individuals can get financing to achieve the American Dream of home ownership through manufactured housing. Thank you, Mr. Chairman. [The prepared statement of Mr. Gleim can be found on page 69 of the appendix.] Chairman Luetkemeyer. Thank you. The gentleman yields back. Mr. Fisher, you are recognized for 5 minutes. STATEMENT OF ROBERT FISHER Mr. Fisher. Thank you, Chairman Luetkemeyer, Ranking Member Clay, and Members of the subcommittee. I am Robert Fisher, President and CEO of Tioga State Bank, a $475 million community bank in Spencer, New York. I am pleased to be here on behalf of the more than 5,700 community banks represented by Independent Community Bankers of America (ICBA). We hope today's hearing sets the stage for legislation needed to strengthen local economic growth and job creation. Tioga State Bank was founded by my great-great-grandfather in 1884 to provide the needed banking services to local businesses and individuals. I am a fifth-generation community banker, proud to carry on our commitment to local prosperity. Many of the rural communities we serve in upstate New York depend on us as the only financial institution with a local presence. I will focus my testimony on three bills before this subcommittee, all of which include provisions recommended in ICBA's ``Plan for Prosperity.'' First, H.R. 1264, introduced by Representative Roger Williams, would exempt community banks with assets of less than $50 billion from all prospective rules and regulations issued by the CFPB. Since the creation of the Bureau, community banks have been forced to comply with rigid, arbitrary, and prescriptive rules intended to target the abuses of nonbanks and larger banks. These rules have limited community banks' ability to rely on their best judgment in making credit decisions and to offer customized products and services. CFPB rules reduce consumer choice and end up hurting the very customers they are intended to protect. ICBA also supports H.R. 4648, introduced by Representatives Tom Emmer and Randy Hultgren, which would provide temporary enforcement relief from the new complex and burdensome data collection and reporting requirements under the Home Mortgage Disclosure Act. We believe that introduction of this bill prompted the Bureau's recent announced policy of forbearance under the new rule. H.R. 4648 will put this policy in statute rather than at the discretion of the director. Many lenders, core vendors, and mortgage software vendors continue to scramble to bring their systems into compliance. We are making a good faith effort to comply with the complex new rule and should not be held liable for unintentional errors. H.R. 4648 would also restrict the CFPB's ability to make the new data publicly available. In the communities I serve, where people are well-known to each other, published HMDA data is a threat to consumer financial privacy. We believe the ultimate solution is a HMDA exemption for relatively low-volume mortgage lenders, as provided in Representative Emmer's earlier bill, H.R. 2954. Raising exemption thresholds will protect consumer privacy and provide relief for many more small lenders, without a significant impact on the mortgage data available to the CFPB. Last, H.R. 4725, introduced by Representative Hultgren, would provide for short-form call reports in the first and third quarters for banks with assets of less than $5 billion. Call report burden has grown sharply in recent years. When I first started with the bank in the mid-1980's, the report was 18 pages long. Today, for my bank, that report is 51 pages and 80 pages for banks above a billion in assets. Yet my bank's business model has not really changed significantly since 1884. Call report preparation is a labor-intensive process that involves drawing data generated by different systems and manually reentering it into call report software. For all the effort we put into it, only a fraction of the data collected in the call report is actually useful for regulators in monitoring safety and soundness or conducting monetary policy. Recent agency efforts to streamline call reporting for community banks are of little to no value. They merely eliminated data that were not applicable to Tioga or other community banks. From our perspective, the new short form is essentially the same as the long form. H.R. 4725 is needed to create real relief in quarterly call reporting that will allow us to focus our resources on lending and serving our communities. Finally, I want to end this statement by asking the House to promptly pass S. 2155 when it is sent over from the Senate. This bipartisan bill is clearly a response to the numerous hearings and markups held in this committee. It offers the best opportunity for robust community bank regulatory relief this Congress, and I urge you to not let it slip. Thank you, and I look forward to answering your questions. [The prepared statement of Mr. Fisher can be found on page 63 of the appendix.] Chairman Luetkemeyer. Thank you, Mr. Fisher. Mr. Astrada, you are recognized for 5 minutes. STATEMENT OF SCOTT B. ASTRADA Mr. Astrada. Thank you. Good afternoon, Chairman Luetkemeyer, Ranking Member Clay, and Members of the committee. Thank you for allowing me to testify today about legislative proposals regarding the oversight of our financial institutions and the need to maintain responsible and sensible consumer protections, which are critical if we want to continue to build a strong and inclusive economy. I am the Director of Federal Advocacy at the Center for Responsible Lending (CRL), a nonprofit, nonpartisan research and policy organization dedicated to protecting home ownership and family wealth by working to eliminate abusive financial practices. CRL is an affiliate of Self-Help, a nonprofit community development financial institution. And for over 30 years, Self-Help has focused on creating asset-building opportunities for low-income, rural, and minority families by providing more than $6 billion in financing to 70,000 home buyers, small businesses, and nonprofits and also serving more than 120,000 members through over 50 retail credit branches. This important hearing addresses Federal financial regulation in the context of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was signed into law in 2010 in response to the Great Recession 10 years ago. The law is a pragmatic regulatory framework that corrected systemic gaps and sought to prevent future market failures, all while implementing crucial protections for consumers and the broader economy. As a result, today, consumer lending is strong, bank profitability is at record levels, and financial markets are stable, thanks in substantial part to essential legislative and regulatory safeguards established by Dodd-Frank. This hearing, entitled ``Legislative Proposals for a More Efficient Federal Financial Regulatory Regime,'' has far- reaching effects in terms of defining what we mean by efficient regulation. Does efficiency mean blanket rollbacks of consumer protection legislation? Or does efficiency mean targeted, commonsense safeguards that ensure stable, transparent, and equitable markets? At CRL, we strongly believe it is the second choice. However, all of the bills considered today, with the exception of H.R. 2683, rely on the first definition and roll back consumer protections on a wholesale basis. H.R. 1264 impedes the CFPB's ability to supervise and regulate financial institutions by exempting those with assets of $50 billion and under from all or new modified rules issued by the CFPB and would push huge portions of the banking industry and the consumers they serve outside of the entirety of the legislative and regulatory system. H.R. 4648 prohibits the sharing of public data on the financial marketplace prescribed by HMDA, which is the best tool we have to rout out market discrimination and inefficiencies. H.R. 4725 rolls back data-driven regulatory policy by directing Federal banking agencies that have already initiated streamlined processes to reduce reporting requirements for call reports. And Representative Pearce's legislation introduces potentially dangerous and reckless mortgage loan products to vulnerable home buyers by amending the Truth in Lending Act to change the definition of mortgage originators to exclude certain types of seller financing. I want to stress it is the aggregate effect of these bills that threatens consumers, harms banks, and exposes the overall economy to risk by maintaining a belief that wide-scale deregulation equals efficiency. The notion is also at the foundation of an unsubstantiated belief that Dodd-Frank has somehow stifled economic growth and that deregulation is the solution. It isn't. The data does not support this contention, and, as explained in my written testimony, the evidence actually contradicts this belief. The financial sectors have record profits. In 2016, the financial institutions had annual profits of $170 billion, the highest in years. The FDIC (Federal Deposit Insurance Corporation) puts out these reports every quarter. The most recent numbers are even higher, with industry net income for the third quarter of 2017 at a 5-percent increase compared to the previous year. Community bank profitability has rebounded strongly and is at pre-recession levels. At the end of the third quarter of 2017, community bank earnings increased by $513 million or a 9- percent increase from that time earlier that year. Credit unions have also continued to grow while recovering from the financial crisis. In 2016, credit unions added almost 5 million new members, which amounted to the biggest annual increase in history and four times the pace set a decade earlier. I will just conclude with a restatement that CRL opposes all but one of these bills--H.R. 2683--being considered today. Collectively, they widely scale back the CFPB's supervisory authority and abolish important consumer protections. They also abandon the approach of targeted and dynamic reform and, instead, would be wholesale rollbacks on consumer protections. I look forward to continuing to work with this committee, community banks, and credit unions to work through the issues raised today. And I thank you for the opportunity to testify. [The prepared statement of Mr. Astrada can be found on page 44 of the appendix.] Chairman Luetkemeyer. Thank you, Mr. Astrada. Mr. Shuman, you are recognized for 5 minutes. And I would like just to take a moment to again thank you for your service, as well, to our country. Mr. Shuman. Thank you, Mr. Chairman. Chairman Luetkemeyer. You are recognized. STATEMENT OF MATTHEW J. SHUMAN Mr. Shuman. After proudly serving 20 years in the United States Army, Frankie Adams is continuing to this day to serve his community as a police officer. In December 2016, the VA authorized Mr. Adams, through the Choice Program, to receive an outpatient procedure at a hospital closer to his home. A few months later, he received a bill in the mail instructing him to pay the remaining balance for the procedure that his private medical insurance did not cover. While speaking with both the doctor and the hospital, Mr. Adams advised them that the VA was responsible for the cost of the procedure. Mr. Adams was unfortunately told that the VA had not paid it and, in order to avoid the debt from being reported to a credit collector and impacting his credit, he would need to pay the $300 balance. Chairman Luetkemeyer, Ranking Member Clay, and distinguished Members of this committee, on behalf of the National Commander Denise H. Rojan and the 2 million members of The American Legion, I thank you for the opportunity to testify regarding The American Legion's position on H.R. 2683, the Protecting Veterans Credit Act of 2017. The American Legion is our Nation's largest wartime veteran service organization, with over 13,000 posts in every Congressional district. The story I told is a story that many veterans have lived. The small difference is that Mr. Adams, from the great State of Missouri, had the means to pay the charges. The simple reality is no veteran should ever have to pay for services that the VA is responsible for. If passed, H.R. 2683 will afford veterans the necessary protections by amending the Fair Credit Reporting Act to exclude for 1 year information related to their VA medical debt from being reflected in their credit report. This commonsense bill will also provide veterans with the necessary tools to dispute VA medical debt information reported to credit reporting agencies. Bottom line, veterans will no longer require assistance from attorneys and pay fees to resolve an issue they had absolutely no role in creating. Before continuing, I would like to give a brief history of the Choice Program at VA. In 2014, the VA wait-time scandal became a national news story, describing veterans waiting long periods of time to see a doctor to receive even the most basic of medical services. Many blamed an overworked and understaffed VA system. A solution was to allow veterans to receive care in the community at the Government's expense. When the Choice Program was created, it became the ninth community care program at the Department of Veterans Affairs, meaning there were eight similar programs already in existence, including the VA's Office of Community Care. Mr. Chairman, I share this with you purely to demonstrate that veterans have been dealing with the consequences of VA's actions even prior to the implementation of Choice. While The American Legion supports H.R. 2683, we have a few recommendations that would assist in making the bill even stronger: One, the credit reporting agencies will need a mechanism to validate if someone is a veteran in order to process their claim. Two, in addition to validating a veteran's status, the CRAs will also need to validate that the debt in question is a VA- approved service. Last, in 1982, the Prompt Payment Act became law, which forced the Federal Government to pay their bills on time. In 2014, when the Choice Program became law, section 105 of that law required the VA to pay providers in a timely manner. The American Legion strongly encourages this committee and the entire Congress to pass legislation directing the VA to adhere to the Prompt Payment Act, which will assist veterans who have selflessly served their Nation. Mr. Chairman, Ranking Member Clay, and Members of this committee, I thank you for the opportunity to share with you today The American Legion's position on the Protecting Veterans Credit Act. In closing, veterans like Mr. Adams deserve only the best, and The American Legion stands ready to assist you in doing just that. Thank you, and I am more than willing to answer any questions you have. [The prepared statement of Mr. Shuman can be found on page 75 of the appendix.] Chairman Luetkemeyer. Thank you, Mr. Shuman. Appreciate your insights on those issues. And so let me just begin with you. I will recognize myself for 5 minutes here. You cited somebody from Missouri, which Mr. Clay and I have said, this guy is pretty sharp, he is hitting a very high note here with us right off the bat. Can you elaborate a little bit more on exactly what the details of that case were and how this bill would impact that individual? Mr. Shuman. Certainly, sir. Thank you for the question. It is worth noting that Mr. Adams is watching right now from Missouri. He is a police officer. After serving in the military, he decided to retire to become a police officer. And in 2016 he was normal age to receive a colonoscopy. He found out that he could have the service done--instead of at the VA, he could have it done at a local hospital, which was only 10 miles from his home. Surgery went well, just so you know. About 5 months later, he began receiving bills in the mail saying that he owed money. And though $300 is not a lot of money by a lot of people's standards, it certainly is to others. He informed them that the charges--well, first of all, it is also worth noting that his personal insurance covered a big chunk of the fees, which the VA was certainly responsible for in the first place. After a while, finding out, and did not want it impacting his credit, he personally paid the $300 himself. If this happens, which has happened quite often, when veterans pay the fees themselves, they never get that money back from the VA. So let's just note that. Chairman Luetkemeyer. So the bill's impact here would minimize this individual's being charged any late fees or-- Mr. Shuman. It would, sir. Chairman Luetkemeyer. --Any credit negativity with regards to not paying his $300. Mr. Shuman. Yes, sir. It would provide up to about a year for them to be able to figure out this process. Realistically, it should take roughly about 2 months for the VA to get those payments made, so providing a little bit more time than that, in case it doesn't, would be helpful to the veteran. Chairman Luetkemeyer. Very good. Thank you very much. Mr. Fisher, I was interested in your commentary here. I am involved intimately with a bank, and they were giving me, the other day, this real estate loan matrix. I realize you probably can't see it from there, but this top part, there are 280 boxes. And the bottom part here, it is a timetable of 20 different provisions in there of the things you could or could not do. So you are looking at 300 different situations there that you could be tripped up on and have one, what they call technical exception, and then cause yourself, the bank, to have some retribution by the CFPB or the FDIC or whomever on this. And so would you like to elaborate just a little bit on the complexity of this chart and the concerns that you have, as a banker, with trying to comply with all this? Mr. Fisher. Yes. Obviously, we are very concerned about the additional data points and the information that is being collected. So we are not asking to be--we would like an exemption; that would be great. But a forbearance or at least a temporary extension to get ready for some of the changes to HMDA, which has been in place since 1975, would be great. Chairman Luetkemeyer. How is Mr. Mulvaney--I know that he is looking at this, and he has proposed a delay on some of this. Give us a little briefing on what he is trying to do and the impact it would have with regards to some of this stuff. Mr. Fisher. I think they have just announced that they would have a forbearance for, I think, the same period as the bill to allow banks to get up to speed, so that they are not going to aggressively go after banks if you have an error in your data. Chairman Luetkemeyer. I know the bill tries to say there is a limit at which the things do not affect the banks, but there is already a limit in place on a number of different issues that affect banks. But it seems to me that there is an experience here where the regulators will say, well, if it is a good idea for the banks above this threshold, it is probably a good idea for the banks underneath it. Would you like to expand on that comment just a little bit? Mr. Fisher. Yes, we are always concerned that there are going to become best practices that will get pushed down upon the banks. As a $475 million bank, we are not subject to stress- testing our assets or stress-testing loans, but we have suggested at regulatory examinations that we should consider stress-testing some of our loans. We don't have an enterprise risk manager within our bank, but we have been told that we should start thinking about having somebody in charge of enterprise risk management for our bank. So-- Chairman Luetkemeyer. So they are using the guidance and rules that are above this threshold to be forced on you or by inference that it is a good idea, as you say, best practices for you to implement these, as well, is what they are telling you. Is that correct? Mr. Fisher. Definitely, sir. Chairman Luetkemeyer. OK. Let me yield back here, and we will go to the gentleman from Missouri, Mr. Clay. The Ranking Member is recognized for 5 minutes. Mr. Clay. Thank you, Mr. Chairman, and thank all the witnesses again. Mr. Astrada, two of the bills we are considering today have two very different thresholds to trigger regulatory relief. H.R. 1264, the Community Financial Institution Exemption Act, would exempt nearly all banks and credit unions from any new or modified consumer protection regulation, and it uses a threshold of $50 billion in assets. H.R. 4725, the Community Bank Reporting Relief Act, on the other hand, would set a threshold of $5 billion for providing reduced call report requirements. Putting aside the substance of the two bills for a moment, could you please help put the impact of these different thresholds into perspective in terms of which segments of the banking sector would be covered and the potential impact on consumers? Mr. Astrada. Absolutely. And this is with the qualification you said, ignoring the substance, but looking at the thresholds. If we consider $5 billion, it covers a large majority of the industry, I think over three-fourths, that you are taking out of the ability of regulators to assess data on the health and soundness, to assess market trends, to assess where policy should be targeted to attract private investment. So you are really taking a large share of the industry outside of the purview of data-driven policy. And then when you times that by 10 and go to $50 billion, you are talking essentially virtually all of the banking industry, with the exception of a handful of the largest organizations. And to take that out of the purview of the CFPB is, I think, in line with our concern and our opposition to bills like these that just define efficiency as complete exemption from the regulatory system. So I will just underline that the CFPB also is responsible for the Equal Credit Opportunity Act, the Truth in Lending Act, Fair Debt Collection Act. So you are ultimately placing a majority of the banking, if not all of the industry, outside of the purview of these regulations, with a very onerous--I am sorry, I have to speak to the substance of 1264 real quick--an onerous exception process that essentially just hamstrings the only agency that is looking out for the consumer. Mr. Clay. Then, when considering the appropriate asset size to establish a threshold to provide regulatory relief for small, community financial institutions, do you believe that the committee should consider the FDIC's 2012 community bank study that defined a community bank with a threshold of $1 billion in assets, along with other factors, such as whether a bank had more than 10 percent of foreign exposure? Mr. Astrada. CRL hasn't taken an official position on a number. I will say that we do support the role of the Federal regulators to assess that number. And it would make more sense to leave it to the regulators, who are in the best position, that have a collaborative relationship with those under their purview, to assess those thresholds rather than have it mandated from legislation. Mr. Clay. Now, I am going to play devil's advocate. Look, when the CFPB was created through Dodd-Frank, it was in response to the Great Recession and those players in the financial services industry that had been careless, that had almost caused our financial systems to melt down. And I am one who thinks that we pass no perfect laws here, and so sometimes we overreach. And so let me ask you, with us taking in all of these financial institutions, did we overreach, as Congress, in this law? And why wouldn't the CFPB's role be to focus on those players who did do wrong and who almost caused a meltdown and not have such a wide swath and take in everybody? Mr. Astrada. I ran out of time, but am I permitted 30 seconds to respond to that? So CRL and I don't think any one of our coalition members have ever said that Dodd-Frank was perfect, and it very much was in response to a once-in-a-generation crisis. But we do believe and that legislation anticipated that, especially with sections like 1022(b)(3), which gives the CFPB ability to exempt classes of institutions from its rules--and it has used that for smaller institutions and community banks. While we are not of the view that Dodd-Frank is sacrosanct and cannot be changed, the legislation today takes the complete opposite approach and says let's just get rid of large parts of this altogether. Mr. Clay. I thank you for your response. I yield back. Chairman Luetkemeyer. The gentleman's time has expired. With that, we go to the gentleman from Pennsylvania, Mr. Rothfus, the Vice Chair of the committee. You are recognized for 5 minutes. Mr. Rothfus. Thank you, Mr. Chairman. Mr. Fisher, at this committee, we often discuss the degree of consolidation in the banking industry and the ongoing closures of community financial institutions. This, coupled with the de novo drought, has caused many communities across this country to lose their local bank or credit union. You are testifying today as not just a bank CEO but as a fifth-generation community banker. In your testimony, you wrote, quote, ``Community banks thrive or fail based on their reputation for fair dealing in the communities they serve. Their business model is based on long-term customer relationships, not one-off transactions.'' You went on to note that regulators often fail to take community banks' business model into account when imposing heavy-handed rules on smaller institutions. Can you discuss what happens when a community becomes a financial services desert, as described in your testimony? What are the impacts for households on Main Street? Mr. Fisher. It limits choice to consumers, it limits choices to small businesses. The majority of our business is done within our community. Ninety percent of the loans that we make are done within the communities we serve. Without us in Spencer, New York, which has a population of about 3,800 people, I don't think any other bank is going to step into my community and open up an office to provide banking services. Definitely, without community banks present, there is a loss of financial services and choice for consumers. Mr. Rothfus. And I have seen that in small towns and boroughs across western Pennsylvania. Can you discuss an example of CFPB overreach into a community bank like Tioga? Mr. Fisher. I think the increased--the biggest example right now, and it is one of the bills we are discussing, is the increased HMDA data points, going from 23 data points to 48, more than doubling the number of data points, which--community banks, there is--I made 253 first mortgage loans last year, out of 10 million. So are my 253 loans statistically significant as far as the numbers that the CFPB is collecting as far as these data points? I don't think so, but--it is just--I don't think it should be applicable to my bank. Mr. Rothfus. It appears that they are pretty hungry for this data. On another report, some critics of the Community Bank Reporting Relief Act might argue that the Federal Financial Institution Examination Council (FFEIC) has already streamlined call reporting. Yet, in your testimony, you wrote, quote, ``From our perspective, the new short form is essentially the same as the long form. ICBA invested significant time and resources in the FFIEC effort, and we were deeply disappointed in the outcome.'' Can you elaborate on how the new short form fails to provide community banks like yours with meaningful relief? Mr. Fisher. The call report, the sections that they eliminated were sections that weren't applicable to my bank. Some of the derivative sections, some of the other off-balance- sheet items that we were supposed to be reporting on a quarterly basis, we weren't reporting on those things anyway, so elimination of those data points doesn't save me any time. Instead of maybe taking 40 hours a quarter to complete, it is maybe a 39-hour process today. Mr. Rothfus. Yes. I noticed in your testimony also you said that when you first started in banking in the mid-1980's the report was 18 pages long; now it is 51 pages. No change in your basic business model since that time warrants--that is nearly three times. Mr. Fisher. Yes. My business model is essentially the same as when my great-grandfather started the bank. We take in deposits and lend it back out in the community. Mr. Rothfus. Mr. Gleim, you discussed in your testimony the importance of Chairman Pearce's bill for the manufactured housing industry. This issue is of particular interest to me since manufactured housing is a popular source of affordable home ownership in my district. The manufactured housing industry also employs 16,000 people in Pennsylvania. I understand that restrictions on lending practices have made it more difficult for prospective buyers and have already adversely impacted the industry. Can you please elaborate on how the Pearce bill would help prospective purchasers of manufactured homes? Mr. Gleim. Again, let me again piggyback off of the HMDA information. We have gone through, and basically our numbers have come up with just over a hundred data points that were required to be filled out for that. Now, these have to be filled out on every application that is out there. It continues to increase our cost, every application, regardless of what the disposition is of that product. As a result, it continues to increase our cost. It makes it very, very difficult to make the smaller loans out there, and it continues to limit affordable housing to many of our customers. Mr. Rothfus. I yield back my time. Chairman Luetkemeyer. The gentleman's time has expired. With that, we recognize the gentlelady from New York, Mrs. Maloney, for 5 minutes. Mrs. Maloney. Thank you so much. And I thank the Ranking Member and the Chair holding this hearing, and for all of the panelists. And a very special welcome to Robert Fisher, a fellow New Yorker, and thank you for your service to our great State. My first question is for Mr. Astrada. What do you think of H.R. 2683, the Protecting Veterans Credit Act? I personally am supportive of it, would like to be a cosponsor, and thank my colleague Mr. Delaney for his hard work on it. And I don't think that veterans' credit scores should be harmed just because the VA fails to pay non-VA healthcare providers on time. Do you think this bill is helpful? Mr. Astrada. Thank you. Yes, CRL does support this bill and views it as a very productive and positive step to protect-- Mrs. Maloney. And do you have any concerns with excluding this information from veterans' credit reports? Mr. Astrada. No concern. As it is, like I said, we view it as a very productive step to protecting our Nation's veterans. The only thing I would underscore is that--we deal a lot in the secondary debt market--is that these protections should be expanded, to the extent possible, for veterans and to the broader communities, especially when it comes to medical debt, which is more than half of all collections across America. According to CFPB publicly available data, over two-thirds of the complaints of that debt centered around unverified debt holding, incorrect amounts, or even the wrong debtor. Mrs. Maloney. Thank you. And I think we can get bipartisan support for this, I hope. Mr. Astrada, you said in your testimony that H.R. 4648, the Home Mortgage Reporting Relief Act, would undermine fair lending efforts. Can you elaborate on how you think the bill would affect fair lending? Would this bill make it harder to crack down on unfair and abusive practices? Mr. Astrada. Yes. We have strong opposition to 4648 on the public disclosure prohibition. When we look at HMDA and its three main purposes of helping to show whether financial institutions are serving the housing needs of their communities, to assist public officials in distributing public- sector investment, and to assess identification of potentially anti-discriminatory behavior or preventing anti-discrimination laws, this data is essential. And without it, the public, universities, policymakers, professionals won't be able to have an accurate assessment of the market, who is getting credit, who is not getting credit. And this is particularly relevant for rural borrowers or individuals who live in banking deserts that rely on very limited choice of institutions. Mrs. Maloney. I would also like to ask you about 2683. What do you think about the Protecting Veteran--wait a minute. I am going back to the wrong one. I want to ask you about H.R. 1264, which would exempt all banks and credit unions with under $50 billion in assets from all rules and regulations issued by the Consumer Protection Bureau. I am all for tailoring rules to the size and business models of banks and credit unions, but is it appropriate to exempt banks and credit unions from consumer protection rules based purely on size? Aren't all consumers entitled to be protected? Shouldn't all financial institutions, regardless of size, care about taking care of and protecting their constituents or their consumers and customers? What does size have to do with consumer protection? Mr. Astrada. I think in this case, especially with 1264, the number is significant, because it is virtually the entirety of the industry. And to place that completely outside of the CFPB's purview, not only with all the regulations that it is responsible for now but in the future, is-- Mrs. Maloney. It would be how much of the industry did you say? Mr. Astrada. $50 billion in assets, I don't have the number offhand, but it is well more than 90 to 95 percent. Mrs. Maloney. Ninety-five percent? My word. Really? That is interesting. Mr. Astrada. So it is essentially saying that the vast majority of the banking industry doesn't have to comply with the CFPB--any regulations that it is responsible for now or that might come up in the future. Mrs. Maloney. And shouldn't every customer be entitled to protection? Mr. Astrada. We would strongly agree with that statement, yes. Mrs. Maloney. OK. My time has expired. Thank you very much for your testimony. And I thank all the other panelists for being here. Chairman Luetkemeyer. I thank the gentlelady for her questions. With that, we go to the gentleman from Colorado. Mr. Tipton is recognized for 5 minutes. Mr. Tipton. Thank you, Mr. Chairman. I thank the panel for taking the time to be able to be here. Mr. Fisher, prior to the creation of the CFPB, were there protections in place for consumers through your banks? Mr. Fisher. Yes, there have always been protections in place for the consumers. Mr. Tipton. Great. I was particularly interested in a follow up to the Chairman's question to you when you were talking about, actually, the trickle-down effect in terms of regulations, the best practices and how they are going to be impacting the ability to be able to create new businesses. I, too, come from a rural area. We have not experienced the recovery that the rest of the country has. Fortunately, I think, now that we have had real tax relief legislation go through, those opportunities to be able to grow businesses, some responsible deregulation starting to go into place, we are starting to finally see some real activity in some of rural America now to be able to create it. But I would like you to be able to speak to my colleague Mr. Williams' bill, H.R. 1264. It will exempt community financial institutions from prospective rules and regulations from the CFPB. Could you speak to how this is going to be able to assist creating those economic dynamics that a lot of rural America, upstate New York, rural Colorado might really need to have? Mr. Fisher. I just think, obviously, our reputation is critical to our success in our communities. So we protect our consumers. We do what is right for our customers, as every other community bank throughout this country. When you are operating in a small footprint, you have to do what is right, because your reputation is everything. So I think the exemption from some of the purview of the CFPB takes away some of the burden that we may have as far as trying to serve our communities and trying to have a consistent message to our customers. Mr. Tipton. We had some real experience out of the State of Colorado with some of our smaller financial institutions stating that some of the regulatory burden was actually inhibiting their ability to be able to make those small- business loans. I am a former small-business owner. Without that access to capital, we weren't able to maintain or to be able to grow jobs. Have you had some of that experience in your banks? Mr. Fisher. Definitely. With the HMDA laws as far as currently, I have two people in my bank out of a hundred people that their main focus is on HMDA. I have one employee that is solely dedicated to BSA. So regulatory burden, which is why we are here today, not to talk about bank profitability but to talk about reg burden and how we can better serve our communities and serve our customers and get loans out to small-business customers. And that is really, I think, what we are trying to do, is relieve some of the burden that doesn't make sense. Tier it to my business model. Mr. Tipton. I think that is a lot of the intent of Mr. Williams' bill, to be able to have a responsible regulation, to be able to create win-wins for our communities, for our businesses, for our families, and to be able to have institutions in place that can deliver that liquidity. Mr. Gleim, I would like now to be able to turn to some of the issues that you are bringing up. In December 2017, the CFPB announced that it intends to open a rulemaking to reconsider the various aspects of the 2015 HMDA rule, as well as its intention to assess penalties for errors in data collected in 2018. In your testimony, you called the compliance burden of the CFPB HMDA rule stifling. Can you speak to how codifying the CFPB's safe harbor and extending it through 2020, as Mr. Emmer's legislation will do, how that will ease compliance burdens for the CFPB and the rulemaking industry? Mr. Gleim. Yes, sir. The safe harbor will help us for that 1 year because of the fact it won't provide--we will basically have a safe harbor from those penalties. But it still doesn't resolve the issues of all of the information that we do and we are required to collect. Again, while our organization, we are the second-largest lender in the manufactured housing segment, we basically turn down 74 percent of our applications. Every one of those applications is required to have HMDA information. We have found also that the cost of software for HMDA as well as additional software to edit the responses for HMDA are extremely expensive and make it difficult for more organizations to enter this market for manufactured housing. The other issue we have is, when a customer comes in and is asked to provide that information, they can basically say they won't, and, at that point, we need to make a best guess on that. What the customer doesn't understand is there are so many data points in there that we are then required to go into not only his application or her application but a lot of other documents we have received from them to complete that. In other words, we are providing far more information than the customer expected, which leads to privacy issues as well as identity theft issues, as far as we are concerned. This takes a number of people to do. We are looking at 5 to 10 minutes for every deal that we have. Mr. Tipton. Thank you. I yield back, Chairman. Chairman Luetkemeyer. The gentleman's time has expired. We go to the gentleman from Georgia, the distinguished gentleman, Mr. Scott. You are recognized for 5 minutes. Mr. Scott. Thank you very much, Mr. Chairman. Mr. Gleim, let me ask you this, because I read your testimony, and you pointed out something that disturbed me, the fact that 1264 does not provide any relief to nondepository manufactured home lenders. And that concerned me because there are millions of American families who this would affect who do not use the traditional lenders like banks or credit unions but heavily rely on this alternative form of lending. Could you share with us what this would do, what the impact of this would be? Mr. Gleim. I think one of the things that we have seen the acting director do, particularly on the Safe Harbor Act, is to go across the board on all lenders. And that is why we are asking for that same protection on this. One of the biggest issues we have out of this, sir, is the fact that it creates an uneven playing field for manufactured housing lenders and organizations like ours which do significant amounts of manufactured home lending. The big issue also is very few community banks and banks in general basically work in this segment, just because of the fact it is so difficult to make money off of the smaller loans. Not only are we penalized by that, we would now be penalized by basically a dual system out there that would treat all of us lenders that are providing manufactured home loans that are nondepositories following different rules. Mr. Scott. And that is because the loan size of manufactured housing is possibly too small to cover a lot of that. So it puts it into an unprofitable position to even cover compliance costs. Is it possible that you might--I know my colleague Mr. Roger Williams is a very fine gentleman, and he wouldn't want to do anything that would hurt millions of American families out there who don't use the traditional instruments in our financial system, that perhaps you might make a few suggestions to Mr. Williams that might do this. In Georgia and throughout this country, there are an awful lot of--millions of families would be affected, I think, by this. Is that not true? Mr. Gleim. That is definitely correct. One of the things that would help this significantly goes back to providing access to manufactured housing on points and fees. These homes that are at $20,000 and $30,000 are almost impossible to make a profit off of. As a result, you have customers that cannot buy these homes at this level. As a result, they end up having to go off someplace else. Again, there aren't many alternatives outside of manufactured homes. Right now, we are looking at numbers as far as originating and processing that run anywhere from $1,800 to $8,800 to process a loan. Because of that, more and more financial institutions and lenders are not willing to do the lower end. When the lower end isn't done, it also makes it very difficult for the customer to be able to trade up to a larger manufactured home or a better manufactured home. There is no better affordable housing right now than manufactured homes that, as I stated in my testimony, not only are the costs less than traditional-built used or new homes, but in many cases the cost is far less than it is for even renting at this point. Mr. Scott. Very good. And if there is anything I could do to work with Mr. Williams on that, we could maybe work together, get some language that would ease that concern a bit, I am sure that Mr. Williams would work with us. In my remaining time, I cannot go by without giving a compliment to Representatives John Delaney and Randy Hultgren for the great work they are doing with House Resolution 2683. This is no fault of our veterans, to get in this situation. And this legislation will go a long way, Mr. Chairman, in fixing a problem and correcting it. Because it is unfair for our veterans to have to be saddled with this extra cost because of the late payment structure in the VA. So I just want to commend Mr. Hultgren and Mr. Delaney for a job well done. Thank you. Chairman Luetkemeyer. The gentleman yields back. The Chair will recognize the gentleman from Texas, Mr. Williams, for 5 minutes. Mr. Williams. Thank you, Mr. Chairman. And thank you for holding a hearing on my bill, H.R. 1264, the Community Financial Institution Exemption Act, and all of the important legislation that we are discussing today. It is not easy to force a regulatory agency to do what they already should be doing, but H.R. 1264 seeks to put the burden of proof on the CFPB. For new regulations, community institutions will be exempt until the CFPB makes a written detailed finding that they should not be included. In other words, either keep community institutions out of these massive rules or put pen to paper and tell us why they are including community banks and credit unions. The bill would also require the CFPB to consult with primary regulators of community institutions as to whether a new rule should go forward or if an exemption should exist. Finally, nothing in the bill would prevent the CFPB from revisiting current rules to determine if new exemptions are justified. My bill is simple; my bill is straightforward. And I hope the committee will consider my legislation and that my friends on the other side of the aisle, as my good friend--let the record show, my good buddy, David Scott, has indicated, they will work with us to create a workable exemption. And if not and we don't do that, I am afraid our community institutions are going to keep disappearing, and customers and borrowers alike are going to suffer in the long run. In my remaining time, I would like to ask a few questions. Mr Fisher, first of all, congratulations on your fifth- generation business. I operate a third-generation business. And I want to thank you for being here today. Community banks and credit unions are the backbone of Main Street America. And in my 45 years of experience as a small- business owner, I can say without a doubt that community financial institutions are major drivers of this Nation's economy. But the sad truth is one credit union or community bank is going out of business each working today--it is unbelievable here in America--because of incredible regulatory burden. I would like to ask you about my piece of legislation, the Community Financial Institution Exemption Act, which you have spoken about, and the effect that it could have on Main Street. First, though, in your experience, would you say that in the past 8 years the regulatory burden on your institution has grown substantially? Mr. Fisher. I would say it has definitely mushroomed. It has expanded exponentially. Mr. Williams. All right. And do you feel that the CFPB should have included broader exemptions for smaller institutions in that timeframe? Mr. Fisher. Yes, I am not sure that the CFPB has effectively used the section 1022 exemption to exempt different financial institutions from the purview of some of their laws. Mr. Williams. Do you feel like this legislation will have a positive impact on Main Street? Mr. Fisher. I think this would have a tremendous impact on Main Street. Mr. Williams. I have another question for you. I am concerned that the CFPB, as it behaved under former Director Cordray, actively sought to increase regulation, no matter the cost to communities and the consequences of its actions. With that being said, do you think that requiring a written finding for new rules before they go into effect, if at all, would force the CFPB to stop and think if these rules are truly necessary for community institutions? Mr. Fisher. Most certainly. They would have to prove--the burden of proof is on the CFPB at that point. Mr. Williams. Finally, will my proposal effectively help community institutions to thrive and to grow in number rather than be crushed under burdensome regulations they currently are? Mr. Fisher. I would find that to be very helpful, yes. Mr. Williams. Thank you for your testimony. Real quick, Mr. Shuman, I would also like to thank you for your service to our country. Mr. Shuman. Thank you, sir. Mr. Williams. Yes, sir. I represent a large portion of Fort Hood. You know where that is. Mr. Shuman. I am quite familiar with-- Mr. Williams. So veterans issues are always at the forefront of my mind. We should always find solutions which honor the sacrifice and bravery of veterans who serve this Nation. The current state of VA is alarming to me, and our veterans deserve much better. And I agree with The American Legion National Commander Barnett that no veteran should ever receive a call or a letter from a collections agency because the VA failed to pay the non- VA provider in a timely manner. It is disappointing that a bill like this is even needed, but I feel that this a step in the right direction to righting this wrong. Briefly, what else, with exception of this bill, can this committee undertake to ensure that veterans are taken care of once they have left the service? Mr. Shuman. Thank you for the question, Congressman. Outside of this committee voting on and in favor of critical legislation--for example, the committees right now are currently working on streamlining the community care bill, the Choice bill, going forward, so that will be critical in the coming months--but just continuing to vote in favor of veterans legislation will be helpful. Mr. Williams. OK. In my small amount of time, Mr. Gleim, I will just ask you this. My legislation that we have been talking about, in your estimation--or, I am sorry, actually, it is Mr. Pearce's seller financing legislation. In your estimation, will this legislation help to provide the flexibility and access to mortgage credit that moderate- and low-income families deserve? Mr. Gleim. Yes, sir, I think it definitely will by creating that level playing field. Mr. Williams. So Mr. Pearce has a good bill. Mr. Gleim. Yes. Mr. Williams. OK. I yield my time back. Thank you. Chairman Luetkemeyer. The gentleman's time has expired. With that, we will recognize the gentlelady from New York, Ms. Velazquez, for 5 minutes. Ms. Velazquez. Thank you, Mr. Chairman, and thank you for holding this important hearing. Mr. Astrada, since 2015, the CFPB has taken numerous steps to provide smaller institutions with flexibility from HMDA's data collection and reporting requirements. Thus, H.R. 4648 seems somewhat unnecessary and has the potential to further limit mortgage lending to lower-income and minority communities. Would you agree with that assertion? Please explain. Mr. Astrada. Yes. And one of our main concerns with the bill is the limit of public availability. And I think it would be helpful to contextualize CRL and the Civil Rights Coalition's views on why, I think, as the phrase was said, we are ``so data-hungry,'' is that data really allows for a critical assessment of policies and to decouple intent from impact. And data and the quantitative analysis that relies upon it has been one of the strongest tools of civil rights groups and excluded communities to really speak truth to power. And examples of this go far back, especially in the mortgage industry, where FHA redlining was never with the intent to be exclusionary. It was always to preserve peace in the community or preserve the economic well-being of white and black families. Or upholding constitutional contract law was the basis for allowing or empowering landowners to not sell their property to African-Americans. So by no means am I comparing any of the legislation here today to those bills. I am just solely saying that that is our concern with scaling back data. That is why we are adamant about protecting the public's ability to scrutinize data and to really hold accountable the market. And this is also not a statement that says we believe in collecting data just for data's sake and that more data is better, but that we do have processes through the regulators in a collaborative approach with those under their purview and that legislation that will completely supplant the regulator's role in collecting that data or when should that be collected or how it should be collected is extremely problematic. Ms. Velazquez. Thank you. Mr. Astrada, H.R. 4648 will restrict the CFPB's ability to make any of the new HMDA data that is collected and reported under Dodd-Frank publicly available. Can you please discuss the importance of HMDA data in allowing Congress and the public to monitor trends and potential problems in the mortgage lending industry, and elaborate on any concerns we should be aware of with limiting the public access to this data? What is the public good, what is the public goal in terms of collecting the data and not allowing for the public community-based organizations that have an interest in terms of lending to all Americans not to have access to this data? Mr. Astrada. Again, I think it is extremely important for the public's access to this information. And one of the earliest examples of this, of public information that would improve industry practices is a 1988 series of stories of redlining practices in Atlanta published by the Atlanta Journal-Constitution called, ``The Color of Money.'' This series was carried out not by a Federal agency or any type of think tank but by investigative journalists relying on public data. And the series itself transformed the public's understanding of redlining and actually led to major changes in the mortgage market. So it is examples like these that--these data collections are not telling institutions who to lend to, who not to lend to, or giving any type of directive. It is really the foundational, what I would believe is transparent markets accountable to the public, accountable to policymakers. And the real point of conflict of what I sense is that how much data should be collected is a separate question of just prohibiting the public's availability of even future data points. And the expanded rule has race, ethnicity, interest rates, borrower fees. So it is all these data points that might have prevented the extent of the Great Recession if we had it before 2008 when the market was very dark and even financial professionals trading at the desk had no idea what was going on in terms of risk assessment. Ms. Velazquez. Thank you, Mr. Chairman. I yield back. Chairman Luetkemeyer. The gentlelady yields back. With that, we will go to the gentleman from North Carolina. Mr. Pittenger is recognized for 5 minutes. Mr. Pittenger. Thank you, Mr. Chairman. And thank each of you for being with us today. Mr. Fisher, I want to say I applaud your work. I was on a community bank board from the time we chartered to the time we sold it. It was a great role that we played. Frankly, North Carolina has lost 50 percent of our banks in the last 8 years as a result of the Dodd-Frank bill and the regulatory environment. So I commend you for hanging in there, and relief is on the way. Regarding Mr. Williams' bill, which I really commend, do you have concerns that even with the ability that you have an exemption that the best practice rules that are promulgated through the larger banks could be passed down to the smaller community banks? Mr. Fisher. We do have concerns. And we have experienced that, as I mentioned before, with some of the stress-testing on some of our loans and even the suggestion that we have to hire a person now to manage the risk for our bank versus having a committee risk approach. So we have seen the best practices already being pushed down upon us from some of the larger institutions that we are not even close to those thresholds, asset thresholds, for some of those things. So we are concerned about some of those best practices. Mr. Pittenger. They have tried to carve out exemptions built on the substantial differences between community banks and the larger, more complex institutions. Do you feel like these have worked well in the past? What should Congress be considering in terms of a tiered regulatory approach? And what has worked well? What doesn't? What would you recommend? Mr. Fisher. I think a tiered approach can work well as long as it is consistent and enforced. I think if we look at the Durbin amendment, it is not perfect, but it still appears to be working somewhat well as far as preserving the interchange income for some community banks. I think a tiered approach should be based--it should be on the complexity of our business models, and we don't have the complex business model that the mega banks have. ``It's a Wonderful Life,'' just having been through the holidays, that is our business model. We are the Bailey Savings and Loan. Mr. Pittenger. Yes, sir. Mr. Gleim, President Trump is expected to nominate a new director for the CFPB. What specific steps could the new director take that would reduce regulatory burdens for manufactured home lenders? Mr. Gleim. Actually, I think I can simply state and simply respond by saying that we would like him to act on provisions in H.R. 1699 which was basically preserving access to the Manufactured Housing Act and do it on an administrative basis. This would help to cut our costs significantly. It would make it a lot easier and make affordable housing out there more accessible to a lot of other lenders or a lot of other customers. I think one other point that it is important to make is we have seen extremely good years over the last couple of years as far as profitability goes, and that includes my organization, but until these regulations are changed, we are not going to get people being able to afford or being able to buy manufactured homes. I said earlier 74 percent of our applications are being turned down, not because they are not good applications and not, in many cases, because they are not good customers; it is because of the regulations that are out there. And if, in fact, the CFPB could basically follow the Preserving Access to Manufactured Housing Act as it is, we would see more and more people qualify and be able to buy manufactured homes that deserve to have a home. Mr. Pittenger. Yes, sir. To that end, would you just expand some more in detail of the HMDA data requirements and the concerns that you have regarding that? Mr. Gleim. Our issue with the HMDA data is that the bill is not scaling back data. The bill is protecting small lenders from doubling of data being collected. And that is probably the biggest issue, as far as we are concerned, as far as that goes. We are not looking at eliminating HMDA collection. We are looking at, do we really need estimates that go from 100 to 140 data points out there on that individual customer resulting in significantly increasing cost, which means more and more lenders will not, basically, go into manufactured housing because of this and because of the small balances. Again, I am talking $20,000, $30,000. Our average balance is $70,000. Mr. Pittenger. Thank you. I yield back. Chairman Luetkemeyer. The gentleman yields back. We go to the gentleman from Texas. Mr. Green, you are recognized for 5 minutes. Mr. Green. Thank you, Mr. Chairman. I thank the Ranking Member as well. I thank the witnesses for appearing. Let's start with something very basic. Mr. Fisher, sir, would you tell us what the HMDA data is used for? Mr. Fisher. HMDA data is used to see if a bank is discriminating based on race, sex, ethnicity, other features like that. Mr. Green. And do you agree that this type of discrimination still exists? Mr. Fisher. It does not exist at my institution, but I would say that there are probably some forms of discrimination that still exist, yes. Mr. Green. It exists at BXS. They just agreed to pay a $10.6 million settlement because of their behavior. And I have a list of others. Is there anyone on this panel who believes that discrimination doesn't exist? If so, raise your hand. Be truthful. I take it by an absence of hands, and I would ask that the record reflect, that all of the members of the panel believe that discrimination exists. Now, Mr. Fisher, if it exists and you have acknowledged it, but not at your bank, if it exists, how would you have us deal with something that prevents some people from accessing capital that are qualified to receive the capital? Mr. Fisher. I think the current HMDA data that was put into place in 1975 still adequately monitors that. It provides all the relevant data points that you need to monitor that. I don't think the expanded data points are significant-- Mr. Green. Tell me about your background, Mr. Fisher. Where have you studied these issues such that you can give us an authoritative opinion such as you have just announced? Where have you studied this? Mr. Fisher. I have not studied this. Mr. Green. OK. Mr. Fisher. I-- Mr. Green. So you really don't know what you are talking about. You really don't. People are suffering. They can't get loans that other people get, and sometimes they are more qualified than the people who are getting loans. It happens. It is not their fault that we have this history of invidious discrimination, something that I know we don't want to confront and don't want to talk about, but it exists, and somebody has to say it. And this data is important to those people who are being discriminated against. If someone can give us a better way to do this, I would be honored to hear it, but we don't have it. In fact, this is not enough. We ought to be able to test banks. We ought to be able to send people into banks to try to get loans, different ethnicities, and find out who is really discriminating against people and to what extent. Mr. Astrada, sir, tell us about this ``Color of Money.'' Is that the article that you referenced? Mr. Astrada. Yes. Mr. Green. I read that some time ago, but my recollection is that they found that there were some serious infractions. Is that a fair statement? Mr. Astrada. Yes. Mr. Green. Can you articulate some of these infractions, please? Mr. Astrada. Yes. And I think this is a great example to outline the spectrum of what you said, of just blatant, obvious, all-out racism where borrowers were declined loans based on the color of their skin, but also, through this data requirement, the more complex system that we have of discrimination. And I don't want to get too academic, but I think that a Supreme Court case in 1917 outlawed--or it deemed unconstitutional racial zoning by a county in Kentucky. And the research behind this article and that has been built on, shows that how, because individuals who discriminated against ethnic minorities, African-Americans, Latinos, couldn't outright racially zone, that they made an economic correlation of all the indicators that went along with the social class that they were discriminating against. So this article really sheds light on the more complex sense of discrimination, when you talk about institutional racism, all the way down to the individual teller that might be discriminating against somebody just on the color of their skin. Mr. Green. Thank you. I am going to yield back, Mr. Chairman. Chairman Luetkemeyer. The gentleman yields back. I would go to the gentleman from Georgia, Mr. Loudermilk. Recognized for 5 minutes. Mr. Loudermilk. Thank you, Mr. Chairman. And I do appreciate every one of our panelists for being here. Before I start questioning, I want to thank Mr. Shuman and Mr. Fisher both for your service to our country. Especially from an Air Force veteran, as well, and from a member of the Legion, as well, I appreciate your service to our country. Back in our district, I created an advisory council, back when I first was elected 3 years ago, and the advisory council was made up of professionals in business, business owners, small-business owners, managers, CEOs, community activists, nonprofits, ministers. It was basically a snapshot of the 11th Congressional District in Georgia. The reason I have this advisory panel is we meet regularly and we discuss issues that are important, and we bring ideas of how can we serve the people better. Recently, I asked them a question--actually, it was about 2 years ago. I asked a question as I went into the business community there. I asked our advisory council, I said, ``If we could only do one thing, if we were only able to accomplish one thing to help your business, would you rather us address corporate taxes and business taxes or reduce regulations?'' It may not surprise you guys; it surprised me. Eighty-five percent of them in the room said reduce regulations. It was the number- one thing. I followed up on that, and I said, ``Why?'' ``Because it is not just the bottom line for us; it is servicing our customers. And the current regulatory environment prohibits us from actually servicing our customers.'' I had a young man, a member of our advisory council, president of a small community bank, came to me later, and he said, ``Let me explain to you the problems that we are facing because of the current regulatory environment. A young man came into my office, and he wanted a loan of $3,500 to buy a car. He needed this car for his job. He had been struggling. This was an opportunity. He got a job. But because of the current regulatory environment, even though I personally knew this guy,'' he said, ``I knew him, I knew he would be good for the money, I was not allowed to make a loan to him.'' Mr. Fisher, you are in the banking industry. Mr. Fisher. Yes. Mr. Loudermilk. You make money by making loans to people, correct? Mr. Fisher. That is my core business. That is how we make money every day. Mr. Loudermilk. When you turn down someone for a loan, you don't make money. Mr. Fisher. Correct. Mr. Loudermilk. When the Government tells you you can't make a loan, even though you may know that it would be in the best interest to do so, you don't make any money. Mr. Fisher. That is correct. Mr. Loudermilk. Who is hurt through that? Mr. Fisher. The consumer ultimately is hurt-- Mr. Loudermilk. Ultimately. Mr. Fisher. And we are hurt, as well, but-- Mr. Loudermilk. Regarding the bill that Mr. Williams has introduced that would exempt the financial institutions under $50 billion from CFPB regulations--still, it would allow them to reinstate a rule if there were unique circumstances--I don't see how this would actually increase the systematic risk. I just don't believe that it would put that type of risk--what are your thoughts on that? Mr. Fisher. I don't think it would increase the risk at all either. I believe there are consumer regulations. And as I have said previously we do things that are right for our customers and right for the community because our reputation is on the line every day. And so we can't afford to do things that are contrary to customer goodwill that would hurt us reputationally. Mr. Loudermilk. So if the CFPB--and you have touched on this a little bit, but if this bill was to pass, what kinds of consumer protections would be there? Mr. Fisher. I think everything that the CFPB has put in place and that the other consumer protections would still be in place. It is new regulations going forward. And they could still have it enforced upon banks as long as they proved that the law needs to apply to community banks and other financial institutions as well. Mr. Loudermilk. And I agree with my colleague who spoke before me, and there are forces out there that do discriminate. But I have also learned, especially in this modern era, that the market is one of the strongest forces. And I am sure that your board of directors would--they would like to be able to make more loans to more people. Because what happens is, for this young man that was not able to get the loan to buy his car, he had to go to another agency to get the loan that required or made him pay a whole lot higher interest. So thank you, and I yield back. Chairman Luetkemeyer. The gentleman's time has expired. With that, we go to the gentleman from Kentucky, the Chairman of the Monetary Policy Committee, Mr. Barr. Recognized for 5 minutes. Mr. Barr. Thank you, Mr. Chairman. Thanks for the important hearing. I appreciate the opportunity to look at these important legislative solutions to over-regulation. And I wanted to follow up with Mr. Fisher and continue the discussion about HMDA data and the collection requirements that the CFPB is proposing for small institutions like yours. My understanding is that this rule more than doubles the number of data fields that you are required to collect. Is that correct? Mr. Fisher. Twenty-three to 48 data fields. Mr. Barr. So 25 additional data fields. You are already collecting and submitting and reporting 23 data fields right now. My understanding is that Dodd-Frank requires you to collect and report more, but the CFPB even goes beyond that. Is that fair? Mr. Fisher. I believe that is the case. Mr. Barr. And so the gentleman from Texas was making the point that you don't study this, but, in fact, community banks like yours, you more than study it, you live it each and every day, collecting it and reporting the data. And what many community banks in central and eastern Kentucky tell me is that the additional collection burdens in mortgage lending is actually forcing these institutions to exit mortgage lending altogether. And so my question to you or any other community banker in America is, how does exiting mortgage lending benefit any prospective borrower, including minority borrowers? Mr. Fisher. I don't think reduced choices is good for the consumer. Mr. Barr. The point here is that excessive, overzealous regulation reporting requirements doesn't help consumers. Ultimately, what it has forced community banks to do is actually get out of the business of mortgage lending. In fact, some community bankers have pointed out to me that they refer to the QM rule as ``quitting mortgages.'' If this is what regulation has come to, that is not helpful to low-income borrowers. That is not helpful to minority borrowers. That is not helpful in any way in getting rid of discrimination. In fact, I would argue that Dodd-Frank, the CFPB is actually forcing banks to disadvantage disadvantaged borrowers because of the tremendous burden that is now hoisted upon community financial institutions and nonbank lenders and nondepository lenders. If there is discrimination that is going on in this country, it is discrimination that is forced by regulators, because they are literally forcing lenders out of the business of helping low-income borrowers in America. Mr. Gleim, I wanted to follow up with you, and, of course, was delighted to engage in this debate on preserving access to manufactured housing, the legislation H.R. 1699, which I introduced. And I will note, as we were talking about this legislation with some of our colleagues on the other side of the aisle, that there were 27 Democrats, including my good friend Mr. Scott, who voted in favor of that on the House floor. That legislation passed the House 256 to 163. That was bipartisan legislation that really does get at this issue of preserving access to manufactured housing. Your testimony references that legislation. During that debate, some opponents of the legislation criticized the depth of the market. They cited the existence of a, quote, ``monopoly'' in manufactured housing lending as the need for these CFPB regulations. I would like for you to respond to that, but as you do, isn't it the regulations themselves that created less competition? Isn't the fact that these regulations are a disincentive for banks and credit unions to get in the business of manufactured lending, isn't that what is causing less competition and choice within manufactured housing lending? Mr. Gleim. There is no question about that. Again, the issue that we are unable to do small loans keeps a lot of lenders from coming into this business. The other issue we have is the definition of a mortgage loan originator, which impacts that as well. But, all of the regulations that are coming in and the way that they are doing it is driving more and more lenders out of manufactured housing. Mr. Barr. My time has expired, but I would just ask the question, how in the world is the CFPB protecting consumers when consumers can't get a loan for a manufactured home that allows them to build equity and have a monthly payment that is less than a rental payment? And I yield back. Chairman Luetkemeyer. The gentleman yields back. His time has expired. With that, we go to the gentleman from Washington, Mr. Heck. You are recognized for 5 minutes. Mr. Heck. Thank you, Mr. Chairman. Mr. Astrada, thanks for being here today. I always appreciate the CRL because I think you are not only thoughtful but you think about things a little bit differently, and Lord knows that we could use some out-of-the-box thinking here and comments here on occasion. I wanted to ask you some questions about the seller finance bill. Now, let me put my cards on the table. I like this bill. I think, frankly, it is a measured approach, Mr. Astrada, to what is a genuine problem that we ought to address. And I can't understand why the underlying law was written the way it was. So let's put it like this. Dodd-Frank includes lots of provisions dealing with mortgages, and rightly so, because it came on the heels of an unbelievable mortgage crisis, and we all get that. And almost all of these mortgage provisions include some carveouts for small operators. The qualified mortgage rule has an exemption for small creditors. The HOEPA rule has an exemption for small creditors. The mortgage servicing rule has an exemption for small servicers. The mortgage originator rule has an exemption for small mortgages but only if they are an LLC. So I am trying to think of what the compelling public policy rationale would be for having a small originator exemption for LLCs and not natural persons, a disparity which is corrected in the bill that I happen to like. Can you think of a compelling public policy reason for treating those two differently and not providing a small originator carveout? Mr. Astrada. I just want to make sure I am answering your question specifically. So what you are asking is if there is a public policy reason for not extending the exemption to LLCs? Mr. Heck. No. There is a small originator exemption-- Mr. Astrada. Yes. Mr. Heck. --For LLCs, but it is not extended to natural persons. And I am asking, is there a compelling public policy reason for LLCs to have this small carveout but not natural persons? Mr. Astrada. I think that gets outside of our concern with the bill, but I am more than happy to give you my-- Mr. Heck. So you don't have a problem with extending it to natural persons. Mr. Astrada. It is--I am-- Mr. Heck. Any more than you might LLCs? Are you saying you don't think there should be a small carveout for LLCs? Mr. Astrada. No. What I am saying is I think our concerns, or at least from CRL's concern, with the bill is more in the aggregate of what the bill puts out. So it is not just the extension to real persons or LLCs; it is also the striking of the fully amortized loans that would also follow that exemption. It is also the increase of the property from 3 with a 12-month period to 5. So it is really just those factors taken together are our concerns. That is ripe for potential problems not only for the borrowers themselves but also for the risks that that causes, especially for individuals who rely on manufactured housing. Mr. Heck. To be clear, do you or do you not have a problem with having a small originator carveout? Mr. Astrada. If you want a yes-or-no answer, I will give you a whole bunch of qualifiers, and then I will give it to you. Just that question outside of the rest of the bill-- Mr. Heck. Just that question outside the rest of the bill. Mr. Astrada. I do not have a problem. Mr. Heck. And taking the next step, do you have a problem with that carveout being extended to natural persons in addition to LLCs outside the rest of the issues that you have alluded to within this bill? Mr. Astrada. I don't have a problem with it, no. Mr. Heck. Good. I take that as a ringing endorsement of that part of this legislation. Mr. Astrada. I-- Mr. Heck. And I thank you for it. Mr. Astrada. Well-- Mr. Heck. That said-- Mr. Astrada. I will withdraw that endorsement-- Mr. Heck. Reclaiming my time, to quote the Ranking Member. Just to remind you, I really appreciate when your organization is here. I genuinely do. I don't know that I have enough time left to ask this question, but I did want to ask you about why you are concerned with respect to manufactured housing and the provisions of this bill. Because I find that, in that regard, not an issue that you alluded to earlier, that there are actually protections included, not only in the underlying law, but also some additional protections that are included within our proposed legislation. With that, my time is up. And I certainly appreciate it every time CRL is here, and I genuinely mean that. I yield back, Mr. Chairman. Chairman Luetkemeyer. The gentleman's time has expired. With that, we go to the gentleman from Michigan, Mr. Trott. You are recognized for 5 minutes. Mr. Trott. Thank you, Mr. Chairman. I want to thank the panel for being here. I also want to thank Mr. Shulman and my friend from Maryland, Mr. Delaney, for offering H.R. 2683. It is a good, commonsense solution to fix a problem affecting our veterans, and I appreciate your bringing it forward. And I think it will pass with strong, bipartisan support. And if you have other suggestions on easy fixes we can do to problems that we are creating here in Washington for our veterans, we would all love to hear about them. Mr. Shulman. Thank you, Congressman. Mr. Trott. Mr. Fisher, I would want to talk about something that my friend from New York, Mrs. Maloney brought up. She asked a rhetorical question. I assume it was rhetorical. She said, ``What does a bank size have to do with whether a consumer should be protected, and shouldn't every consumer deserve protection?'' And my response--and she is not here, but my response to that question is this chart. This is the regulatory scheme affecting banks. And this is the consequence of that. So my question, I would rephrase it a little differently. Shouldn't every consumer have the opportunity to have a bank nearby to give them a home loan or a small-business loan, or should credit just be limited to those who live in big cities or those who are well-healed or well-connected? So my question to you, sir, is, if some of these bills that we are considering today are signed into law, what is going to happen to your bank back in Spencer, New York? What are you going to do for your customers? As an aside, sitting here, listening to you today, I thought maybe you should consider a career in politics. You were so diplomatic and patient in response to Mr. Green's question, where he suggested that after five generations of running a community bank you know nothing about discrimination. I would have been a little more confrontational in my response and said, ``I have been serving our community for five generations, and I know a whole lot more about discrimination and its consequences than a bunch of bureaucrats crunching numbers in Washington.'' But back to my question, what is it going to mean for your community back in Spencer, New York? Mr. Fisher. I think relieving regulatory burden, if we could get some relief from this huge list that you have up on the wall there, I think it would allow me to focus more on serving the customers, getting loans out into the community, and helping revive the upstate New York community. Congresswoman Tenney has left the room, but I thank her for some of her efforts to introduce some legislation. And just the relief--upstate New York, where I live, is still fairly economically depressed. We have not had the recovery that the rest of the Nation has had since the Great Recession. So it would allow me to really focus my efforts and focus externally on the community and our customers and in doing what is right for the community and putting loans back out there. Mr. Trott. Think you would be able to eliminate a job in compliance potentially? Mr. Fisher. I doubt that I will be able to eliminate a job in compliance, but I may be able to redirect those forces elsewhere more in line with a customer-facing-- Mr. Trott. Now, Mr. Astrada, in his testimony, would have us believe that what is going to ensue if some of these bills are enacted is fair lending violations and discrimination and abuse and instability. Is that a likely scenario for your community bank? Are you going to go back and tell your loan officers, ``The Federal Government is off our back now, we can start discriminating against all those folks that we never liked''? Is that what is going to happen? Mr. Fisher. No. And I think even the rollback, we would still be subject to the HMDA requirements from 1975, so we would still be reporting the 23 data points. Obviously, as a community bank, we are doing what is right for our customers and the community. And it is all about being there for the customer. And if we tarnish our reputation, it is hard to recover that in a community of less than 5,000 people. Mr. Trott. So let's talk about the data points. Mr. Gleim and Mr. Fisher, either of you can respond to this. So I was recently visiting an organization in my district, and they are very actively involved in the Head Start program. And they indicated to me that the Federal Government has 3,000 different things they measure with respect to how the Head Start program is administered, and they have to provide so much data, it is just overwhelming to them. I can't imagine what you would measure with respect to Head Start and kids and 3,000 data points. But you mentioned 100 data points. So do you have an example--and if you don't, it is fine. Either of you or anyone can chime in. But do you have an example of just a ridiculous data point that you have to provide that just provides no possible utility whatsoever? Mr. Gleim. I think it is a matter--for instance, one of those data points that the customer doesn't know that we are reporting is the fact that they are getting a manufactured home. It is a little hard for me to understand the discrimination side of that. I am not saying, do away with HMDA. That is not the intention--because, as everyone knows, there have been issues along those lines. But as we go through those points, as we go through everything from numbers of children to the type of home, to the color of the home, to the location of the home, things along those lines, it is a matter of basically how many points are necessary. Mr. Trott. Great. Thank you for your time. My time has expired, but the idea of leaving the bureaucrats to determine the size of institutions that should be exempted is a bad idea. And that was my last question. I will yield back, though. Thank you. Chairman Luetkemeyer. The gentleman yields back. His time has expired. We go to the gentleman from Maryland. Mr. Delaney is recognized for 5 minutes. Mr. Delaney. Thank you, Mr. Chairman. And I want to thank all of our witnesses for being with us here this afternoon. I want to direct my questions to Mr. Shuman, related to a particular piece of legislation. But before I do that, sir, I want to thank you for your service to our country and your continued service to so many men and women who have served our country who need someone to be looking out for them. So I thank you for that. Mr. Shuman. Thank you, Congressman. Mr. Delaney. My question relates to the bill I cosponsored with my good friend Mr. Hultgren, H.R. 2683, the Protecting Veterans Credit Act of 2017, which I know you made some very positive comments about in your introductory remarks, which I appreciate. This bill has also been endorsed, obviously, by The American Legion, but by the VFW, the Military Officers Association of America, the Wounded Warriors Project, the Paralyzed Veterans of America Association, the Association of the United States Navy, the National Consumer Law Center, and the Consumer Federation of America. Mr. Chairman, I would like to ask for unanimous consent to submit letters to the record for these groups that are supporting the bill. Chairman Luetkemeyer. With no objection. Mr. Delaney. Thank you. And the bill does, as you know, sir, two things. The first thing it does is it freezes the ability of negative credit to be reported to credit agencies related to medical care that is provided to a veteran outside of the VA system, whether through the Choice Program or some other provider. And so to the extent, because of bureaucratic delays that we know have existed in the system related to making these payments once the veterans are out of network, what the bill does is effectively says that if bad debt is incurred because these bills haven't been paid, then that debt cannot be reported for a year to the credit agencies, so as not to impair the credit of our veterans. That is the first thing it does. And the second thing it does is it makes it much easier for our veterans to actually adjudicate credit impairments that are actually put on their credit, so to the extent these even happen after that first year, they can be dealt with. And we have two articles that, Mr. Chairman, I would also like to ask for unanimous consent to submit to the record, the first from CBS, which was titled ``World War II Vet Mistakenly Billed $4,000 for Medical Care, Revealing Problems at the VA,'' and this resulted in a credit impairment, and from the Military Times, ``Veterans Choice Program Hurting Some Vets' Credit Scores.'' Chairman Luetkemeyer. Without objection. Mr. Delaney. Thank you, sir. Mr. Shuman, can you give me a sense as to the scale of this problem, in your judgment, and how you think this bill is a specific prescription to the problems that our servicemen and women are encountering as they go out of network? The Choice Program is a really good idea, but the implementation of it has been spotty, particularly as it relates to working through the bureaucracy of getting these bills paid. Can you give us a sense as to how prevalent this situation is? Mr. Shuman. Thank you for the question. And I also thank you for introducing the bill. I think it is a great step in the right direction to protect veterans. The simple reality is that VA no longer shares the actual real number with the VSOs anymore, so I cannot give you an exact number. I can tell you, when they set up a phone number to call, thousands--I think somewhere roughly in the estimate of 74,000 calls came in in the course of 14 months. That is 74,000 veterans who have been impacted to an extent where they ask for help. And I think if anybody knows, veterans hardly ever ask for help. So if 74,000 called, I could only imagine the number that, like Mr. Frankie Adams, whose story I already told, didn't call. Mr. Delaney. Right. They just deal with it. Mr. Shuman. Right. Mr. Delaney. Yes. Mr. Shuman. So this bill is a step in the right direction, particularly as there are seven different community care bills currently in process of trying to figure out and streamline the Choice Program. Particularly in the midst of a new bureaucratic process, this going into effect could help protect them during that transition. Mr. Delaney. And we all know what happens, is once a bad debt is reported and it is reported in a credit reporting agency and the debt is sold to a collection agency, oftentimes our veterans are harassed for the payment of these bills, which are, in fact, not their obligations. Mr. Shuman. That is correct, sir. Mr. Delaney. And I assume you have heard of specific examples of that occurring. Mr. Shuman. Absolutely. The American Legion, we travel the country and audit about 15 VA medical centers every year. And the night before we do that, we host a townhall. And a good portion of our townhall visits, which takes place in every one of your Congressional districts, our members tell us of the massive frustration from this issue. Mr. Delaney. Right. And just a quick yes-or-no answer because we are running out of time: Do you think this bill goes a long way to solving the problem? Mr. Shuman. Yes, sir. Mr. Delaney. Thank you, sir. I yield back. Chairman Luetkemeyer. The gentleman yields back. And we thank his participation in our committee this afternoon. With that, we go to the gentlelady from Utah, Mrs. Love. Recognized for 5 minutes. Mrs. Love. Thank you. And I know some of these questions have been asked, but I just need to make sure I get this information. I wanted to talk about the CFPB and Representative Emmer's bill, H.R. 4648. I would like to ask a few questions just very quickly about the Home Mortgage Disclosure Act and Reg C. And I have been really concerned for some time about the CFPB's HMDA rule added new mortgage data points that needed to be collected, reported, including borrower's age, ethnicity, race, sex, credit score, among others. We even talked about over 100 data points. How do you expect the new data to be used by the CFPB and others interpreting the data to scrutinize the mortgage lending industry in community banks, Mr. Fisher? Mr. Fisher. They are already utilizing the data that we are currently submitting to look for discrimination and things like that. So I am not sure what the enhanced data points do, because a lot of the data points are already out there. I think that the current data points already allow them to find discrimination and things like that. Mrs. Love. Mr. Gleim, you look like you wanted to chime in. Mr. Gleim. Yes. I feel the same way. I think the information is out there. And we really don't know what they expect to do with the expanded information that they have and exactly how it will be used, which is the concern again about privacy, identity theft. There is another group now that is going to have all of this additional information. And as I said earlier, the customer doesn't necessarily realize that they are giving as much information as they think they are. Mrs. Love. Yes. OK. And last question. Do you believe that the HMDA data, both new and old, is sufficiently accurate to form a basis of enforcement actions such as purported fair lending violations? Mr. Gleim. I think it is in some cases. But keep in mind, the customer doesn't have to fill out this information, and if he doesn't, the people that are taking the application will make a best guess as to what they are doing. Mrs. Love. So best guess doesn't actually equal accurate. Mr. Gleim. For such things as ethnicity, as well as just a number of the questions there, because we still are required to report that information if it is observed. Mrs. Love. OK. Mr. Fisher. And to complicate that, some applications are done via the phone, not in person. So you may be making a best guess based upon last name, some things like that. So if the person chooses not to fill it out, the banker has to make a best guess. Mrs. Love. OK. I am going to yield the remainder of my time to Congressman Pearce. Mr. Pearce. I thank the gentlelady for yielding. Mr. Chairman, I would ask unanimous consent to put a letter in from the Coalition to Save Seller Financing, titled ``CFPB Can Change Seller Financing Rules.'' Chairman Luetkemeyer. Without objection. Mr. Pearce. Mr. Gleim, I have a question for you. Mr. Astrada, I am going to come back to you and see if we can't find middle ground on this whole balloon note. I read your testimony here. And so 50 percent of the houses in the Second District of New Mexico that I represent are manufactured housing, so it is probably as big an issue to me as anyone in the country. And seller financing, Mr. Gleim, if we eliminate the seller financing, what options do people have at that point? Mr. Gleim. Eliminating the seller financing becomes a major issue as far as being able for customers to, obviously, obtain that home, to be able to get them those homes, but it also gives them very few, if any, alternatives outside of that. Again, it is almost impossible to basically provide good affordable housing for a cost less than a manufactured housing. So if you are looking primarily at seller financing, as far as that being the case, it makes--there is one less opportunity for this customer to receive that financing. Mr. Pearce. Sure. And the movement from 3 to 5, is that going to upset the market in any way? Because what happens as people buy, they buy-- Mr. Gleim. We don't see that as upsetting the market, because, it is in the interest of that community owner to be able to add those additional, those two homes, and is he really, or is she, going to be making a bad loan? The only way they make money off of this is the customer continues to pay. Again, the idea of making a bad loan just to get somebody else into that home just doesn't make an awful lot of sense. Mr. Pearce. OK. Mr. Astrada, I will have some time coming here in just a minute. We will finish, but I really want to engage in a little bit of a discussion on those things. I yield back, Mr. Chairman. Chairman Luetkemeyer. The gentlelady's time has expired. With that, we go to the gentleman from Illinois. Mr. Hultgren is recognized for 5 minutes. Mr. Hultgren. Thank you, Chairman Luetkemeyer. And I want to thank the subcommittee for allowing me to join with you today and to be a part of it. Thank you so much. And I want to thank each of our witnesses for your time and expertise and willingness to help us to navigate through this, so thank you so much. I want to focus on, first, the Community Bank Reporting Relief Act. Mr. Fisher, if I can address maybe a couple questions to you first. Mr. Fisher. Sure. Mr. Hultgren. How often are there significant quarter-to- quarter variations in an individual community bank's call report data? In other words, do Federal banking regulators need all this data every single quarter? Mr. Fisher. I don't believe they do. If I look at my balance sheet from a quarter-to-quarter basis, we are very consistent. There are no major discrepancies. And if there were a major discrepancy, the regulator would pick up the phone and call me. That is the relationship we have. And there are not that many banks that they couldn't do something like that. Mr. Hultgren. Right. In the event of market distress or other extenuating circumstances that may atypically affect the financial stability of a community bank like you are talking about, are Federal banking regulators able to communicate with leadership of your bank to get that information they need? You mentioned they do. Do they actually take that-- Mr. Fisher. They do that today, even in a nonstress time. Mr. Hultgren. And how does that go? Is that usually where you are looking to be helpful or you are open to giving the information that they are asking for? Mr. Fisher. Yes. They are doing some--a lot of it is offsite testing, looking at some of our numbers. And so, if they have a question, they don't hesitate to pick up the phone and call. Mr. Hultgren. OK. As you know, under the Economic Growth and Regulatory Paperwork Reduction Act, Federal banking regulators recently made some changes to the call report requirements for institutions with less than a billion dollars in assets. I wonder if you could please explain why this was not meaningful regulatory relief. And do you believe notice-and- comment rulemaking would require Federal banking regulators to be more responsive to the reporting burden concerns raised by community banks? Mr. Fisher. Many of the sections that were eliminated through the EGRPRA process, they were not applicable to my bank or most other community banks in the country. They had sections on derivatives and other things that are just not in our business model. So they eliminated those sections, so instead of spending 40 hours a quarter preparing the call report, maybe we spend 39 on the short form. Mr. Hultgren. Yes. OK. The Community Bank Reporting Relief Act limits the regulatory relief to institutions with $5 billion in assets. Can you please explain why the current reporting burden under the call report is most acute for the smallest financial institutions? And do you believe this asset-sized threshold covers the community banks that do have the economies of scale to efficiently cope with the regulatory burden? Mr. Fisher. Five billion would be great. I think if you look at most community banks that are $5 billion and under, we don't have the processes as far as--all the systems don't speak to each other, so we have a lot of manual processes. We have to pull multiple reports from different systems, manipulate the data to fit the request of the Government to fit into the call report data. We have to manually reenter that. And so I think $5 billion is a good threshold, although we would prefer $10 billion. But, $5 billion would be great. Mr. Hultgren. OK. Thank you. I am going to shift over. I just have a little over a minute left. Mr. Shuman, I echo my colleagues in thanking you for your service. Twenty years, is that what you had said, in the Army? Mr. Shuman. No, sir, I served 4 years. Mr. Adams' story, which I told, was 20 years. Mr. Hultgren. Oh, there it is. Sorry about that. I misheard that. But thank you. I was going to say, man, how did you--you must have started when you were 10. Mr. Shuman. I look really good. Mr. Hultgren. But, anyhow, thank you for your service. I appreciate it. And thank you for your continued service with The American Legion. I want to just talk a little bit about the Protecting Veteran Credit Act of 2017. Veterans' Affairs Committees in both the House and Senate are considering proposals to consolidate the different community care programs. In the long run, the expectation is that this will yield better care and service for our veterans and improve the ability for the VA to pay its bills in a timely manner. As these changes are implemented, do you have any concerns in the short run regarding bill processes? And how important is it for legislation addressing consumer credit concerns, such as H.R. 2683, to move in tandem with any major reforms to the VA's community care programs? Would you recommend the Financial Services Committee work closely with the VA Committee on this issue? Mr. Shuman. Thank you for the question, Congressman, and thank you for your support. I will also say that the VA does not have a 21st-century style of processing claims. They are still doing it by paper and hand. Until we have a process that is modernized, it is going to continue to be slow. That said, yes, the Veterans' Affairs Committees, in addition to other of your colleagues, have proposed bills to streamline the nine community care programs. However, in the interim, in the massive bureaucratic process, that would be streamlining those programs. In the interim, veterans are still going to be impacted in their credit. So moving this piece of legislation prior to those bills, there could certainly be a case that would be made that would help veterans in that situation. Mr. Hultgren. Great. My time has expired. Thank you again, all, for being here. I do want to also give a shout-out to colleague from Maryland, Congressman Delaney, for his hard work on this legislation. I am proud to be working with him on this. Again, anything we can do for our veterans is so important. But thank you all. And thank you, Chairman. I yield back. Chairman Luetkemeyer. The gentleman's time has expired. And we do want to thank the gentleman from Illinois and the gentleman from New Mexico for their participation in the hearing today. They are not normal members of our subcommittee, but they are members of the full committee, and we certainly welcome their addition to this. With that, we recognize the gentleman from New Mexico, Mr. Pearce, for 5 minutes. Mr. Pearce. Thank you, Mr. Chairman. Mr. Astrada, it is my district that we are dealing with. And all we are just trying to do is find a way for people who want to get in out of the cold to finance manufactured houses. And so your testimony is very articulate in opposing balloon notes, but that is one of the more critical things. And the banks explain to me that we don't change the amortization, we just have a balloon note every 5 years because you can tear up a mobile home in a matter of days. And so we just want to look at it. We want to go ahead and look at it. We don't jack them when we see it. And I recognize your objections, and I don't really have a problem with trying to stop what you are doing. But on page 3, the top paragraph, we are trying to address what it is that you were objecting to and other people object to, the people who are just predatory. But then when CFPB implemented the balloon note restriction, suddenly the banks just quit loaning because they couldn't go and inspect. And so we have to find the sweet spot that gives the protection you are looking for without the punishment on the people that are trying to solve a problem and get out of the cold. So address that one. Because you mentioned that if they don't fully amortize--and I am sensitive to that, and that is the reason we put this paragraph in here that says they can't go up, the amount of finance can't be increasing during the term of the note under this bill. Is that offering any protection at all to what you are concerned about on the amortization question? Mr. Astrada. And I did read that and do appreciate the nuances of the additional consumer protections. But I think on the amortization issue specifically, although it can't increase--and this is something that probably our coalition partners will be much more of experts than I am in the secondary market--from my research and my discussions is that the refi or resale ability of manufactured housing is very different than nonmanufactured housing. In worst-case scenarios, a borrower who gets at the end of that loan either has to take a loss for selling below market value or take-- Mr. Pearce. Yes, that is a balloon note that is punitive. Most balloon notes, they roll it--they do it for 5 years and they keep a 30-year amortization going. So all they are doing is doing the 30 years and they roll it, then they reset it. And I agree with you on those that get you to the end of the deal and the only thing that you can do is dump it. I am sensitive to that. Also, I think you expressed concern about the people who manufacture them. And then the Ranking Member and I had the discussion on the floor. I don't want that either. So if you construct the manufactured house, then you are not going to come under the terms of this bill. And so we are just--we are trying to find where we can get financing from traditional--if we get the balloon notes back in, I think that the major institutions will get back in, except anything--again, Dodd-Frank said, if you are going to hold it in portfolio, we consider that to be a prejudicial loan too. And secondary markets typically don't want manufactured housing. We are just trying to solve these problems. So talk a little bit more from your perspective. And I guess let's see, because I really am--I want the consumer protections you are talking about, but we have to have a market somewhere. And CFPB was so punitive, there were only three, and people were getting out of the market because they were afraid that they were going to get tagged in even though they were technically within the law. It was just too restrictive. And so everybody quit, and it was a big penalty in my district. So talk a little bit about that. Mr. Astrada. And I understand and appreciate those concerns. In talking with our coalition members, I think just to the extent of the issues raised in my testimony is where CRL's main concern is. But we have worked with our coalition partners, who have done a much more line-by-line, thorough edit of or redlining of the bill and what consumer protections would counterbalance some of the issues that we have expressed. So I won't pretend that I can solve them now in the next 25 seconds, but I will commit-- Mr. Pearce. Yes. If you will be in touch with our staff, then--we really do want the protections, but we want the market there too. And that would be very functional for us. And so my commitment to you is that we will get in touch with you and we will follow through on this, because I do want to hit that sweet spot. I appreciate the things you are commenting on, and we are trying to stop those. But we have to have a market somewhere, and balloon notes are key for the lending institutions. But then the seller financing people, they buy six or seven of these during their lifetime, and then they sell one at a time, and that is their retirement income. By the way, the banks said that the best-performing loans in all their books are always manufactured housing. People there are serious about staying in out of the cold, and this is one of the few shots they have had. So let's work together on it. Mr. Chairman, I have gone a little bit over, but, I appreciate your indulgence. And thank you very much, Mr. Astrada. I yield back. Chairman Luetkemeyer. The gentleman's time has expired. Mr. Astrada. Could I have 15 seconds to just--I will verbally commit to working with your office from CRL and to bring our coalition partners alongside us. Thank you. Chairman Luetkemeyer. Both the gentlemen's time has expired. With that, we would like to thank the witnesses for being here today. You have helped us discuss very thoroughly these five different bills that are before the committee. I appreciate your expertise, your time. The Chair notes that some Members may have additional questions for this panel, which they may wish to submit in writing. Without objection, the hearing record will remain open for 5 legislative days for Members to submit written questions to these witnesses and to place their responses in the record. Also, without objection, Members will have 5 legislative days to submit extraneous materials to the Chair for inclusion in the record. With that, this hearing is adjourned. [Whereupon, at 4 p.m., the subcommittee was adjourned.] A P P E N D I X January 9, 2018 [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]