[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] PUTTING CONSUMERS FIRST? A SEMI-ANNUAL REVIEW OF THE CONSUMER FINANCIAL PROTECTION BUREAU ======================================================================= HEARING BEFORE THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ MARCH 7, 2019 __________ Printed for the use of the Committee on Financial Services Serial No. 116-6 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] ________ U.S. GOVERNMENT PUBLISHING OFFICE 36-461 PDF WASHINGTON: 2019 HOUSE COMMITTEE ON FINANCIAL SERVICES MAXINE WATERS, California, Chairwoman CAROLYN B. MALONEY, New York PATRICK McHENRY, North Carolina, NYDIA M. VELAZQUEZ, New York Ranking Member BRAD SHERMAN, California PETER T. KING, New York GREGORY W. MEEKS, New York FRANK D. LUCAS, Oklahoma WM. LACY CLAY, Missouri BILL POSEY, Florida DAVID SCOTT, Georgia BLAINE LUETKEMEYER, Missouri AL GREEN, Texas BILL HUIZENGA, Michigan EMANUEL CLEAVER, Missouri SEAN P. DUFFY, Wisconsin ED PERLMUTTER, Colorado STEVE STIVERS, Ohio JIM A. HIMES, Connecticut ANN WAGNER, Missouri BILL FOSTER, Illinois ANDY BARR, Kentucky JOYCE BEATTY, Ohio SCOTT TIPTON, Colorado DENNY HECK, Washington ROGER WILLIAMS, Texas JUAN VARGAS, California FRENCH HILL, Arkansas JOSH GOTTHEIMER, New Jersey TOM EMMER, Minnesota VICENTE GONZALEZ, Texas LEE M. ZELDIN, New York AL LAWSON, Florida BARRY LOUDERMILK, Georgia MICHAEL SAN NICOLAS, Guam ALEXANDER X. MOONEY, West Virginia RASHIDA TLAIB, Michigan WARREN DAVIDSON, Ohio KATIE PORTER, California TED BUDD, North Carolina CINDY AXNE, Iowa DAVID KUSTOFF, Tennessee SEAN CASTEN, Illinois TREY HOLLINGSWORTH, Indiana AYANNA PRESSLEY, Massachusetts ANTHONY GONZALEZ, Ohio BEN McADAMS, Utah JOHN ROSE, Tennessee ALEXANDRIA OCASIO-CORTEZ, New York BRYAN STEIL, Wisconsin JENNIFER WEXTON, Virginia LANCE GOODEN, Texas STEPHEN F. LYNCH, Massachusetts DENVER RIGGLEMAN, Virginia TULSI GABBARD, Hawaii ALMA ADAMS, North Carolina MADELEINE DEAN, Pennsylvania JESUS ``CHUY'' GARCIA, Illinois SYLVIA GARCIA, Texas DEAN PHILLIPS, Minnesota Charla Ouertatani, Staff Director C O N T E N T S ---------- Page Hearing held on: March 7, 2019................................................ 1 Appendix: March 7, 2019................................................ 113 WITNESSES Thursday, March 7, 2019 Davis, Jennifer, Government Relations Deputy Director, National Military Family Association.................................... 82 Frotman, Seth, Executive Director, Student Borrower Protection Center......................................................... 83 Jun, Linda, Senior Policy Counsel, Americans for Financial Reform 80 Kraninger, Hon. Kathy, Director, Consumer Financial Protection Bureau (CFPB).................................................. 5 Shelton, Hilary O., Director & Senior Vice President for Advocacy and Policy, National Association for the Advancement of Colored People (NAACP)................................................. 78 Weltman, Scott, Managing Shareholder, Weltman, Weinberg & Reis Co., LPA....................................................... 85 APPENDIX Prepared statements: Davis, Jennifer.............................................. 114 Frotman, Seth................................................ 120 Jun, Linda................................................... 136 Kraninger, Hon. Kathy........................................ 150 Shelton, Hilary O............................................ 158 Weltman, Scott............................................... 163 Additional Material Submitted for the Record Waters, Hon. Maxine: Written statement of Veterans Education Success (VES)........ 369 Garcia, Hon. Sylvia: CFPB report entitled, ``Spotlight on serving limited English proficient consumers,'' dated November 2017................ 377 Tlaib, Hon. Rashida: ``Riding the Stagecoach to Hell: A Qualitative Analysis of Racial Discrimination in Mortgage Lending''................ 407 Kraninger, Hon. Kathy: Written responses to questions for the record submitted by Chairwoman Waters.......................................... 426 Written responses to questions for the record submitted by Representative Budd........................................ 457 Written responses to questions for the record submitted by Representative Cleaver..................................... 458 Written responses to questions for the record submitted by Representative Garcia of Illinois.......................... 469 Written responses to questions for the record submitted by Representative Gonzalez of Texas........................... 472 Written responses to questions for the record submitted by Representative Kustoff..................................... 475 PUTTING CONSUMERS FIRST? A SEMI-ANNUAL REVIEW OF THE CONSUMER FINANCIAL PROTECTION BUREAU ---------- Thursday, March 7, 2019 U.S. House of Representatives, Committee on Financial Services, Washington, D.C. The committee met, pursuant to notice, at 10:07 a.m., in room 2128, Rayburn House Office Building, Hon. Maxine Waters [chairwoman of the committee] presiding. Members present: Representatives Waters, Maloney, Velazquez, Sherman, Meeks, Clay, Scott, Green, Cleaver, Himes, Foster, Beatty, Heck, Vargas, Gottheimer, Gonzalez of Texas, Lawson, San Nicolas, Tlaib, Porter, Axne, Casten, Pressley, McAdams, Ocasio-Cortez, Wexton, Lynch, Adams, Dean, Garcia of Illinois, Garcia of Texas, Phillips; McHenry, Wagner, Lucas, Posey, Luetkemeyer, Huizenga, Stivers, Barr, Tipton, Williams, Hill, Emmer, Zeldin, Loudermilk, Mooney, Davidson, Kustoff, Hollingsworth, Gonzalez of Ohio, Rose, Steil, Gooden, and Riggleman. Chairwoman Waters. The Financial Services Committee will come to order. Without objection, the Chair is authorized to declare a recess of the committee at any time. Today's hearing is entitled, ``Putting Consumers First? A Semi-Annual Review of the Consumer Financial Protection Bureau.'' I will now recognize myself to give an opening statement. Today, this committee convenes for a hearing on the Semi- Annual Report of the Consumer Financial Protection Bureau (CFPB). Testifying today before the committee for the first time is the Consumer Bureau's new Director, Kathy Kraninger. The Consumer Bureau is the centerpiece of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which Congress passed after the financial crisis to provide America's consumers with a watchdog that would swiftly and effectively crack down on unscrupulous financial practices, products, and actors. Under the leadership of former Director Richard Cordray, the Consumer Bureau was a tremendous success, returning nearly $12 billion to over 30 million consumers who were harmed, handling over 1.2 million consumer complaints about financial institutions, and making the financial marketplace stronger and fairer for all Americans. Because of the Consumer Bureau, American consumers no longer must worry about exploding mortgages, hidden prepaid card fees, or unnecessary foreclosures due to weak servicing standards. The Consumer Bureau has also helped to take the confusing jargon out of consumer lending by requiring clear disclosures from financial institutions and providing consumers with easy- to-understand materials to empower them to make the best decisions. However, despite the successes, congressional Republicans have done everything they can to stymie the Consumer Bureau's good work, and the Trump Administration has undertaken a sustained effort to destroy the agency. I am deeply concerned about the damage they have done. During his tenure running the Consumer Bureau, Mick Mulvaney--who is currently Trump's acting Chief of Staff--took many actions that hurt consumers. Mr. Mulvaney closed the Office of Young Consumers, stripped the Office of Fair Lending of its ability to enforce fair lending laws, cozied up to payday lenders, gave lenders a free pass to abuse active-duty servicemembers and their families, and fired the Consumer Bureau's Consumer Advisory Board. His mission was to dismantle the agency from within and he leaves behind no less than 12 political appointees who are continuing to cause damage. I am disappointed Mr. Mulvaney declined to respond to our invitation to testify here today. This committee still has serious questions for him, so I am expecting our new Director, Director Kraninger, to answer for him. As chairwoman of this committee, I am committed to reversing the damage that Mr. Mulvaney caused, to ensure that the Consumer Bureau can resume its important work. That is why I have reintroduced my bill, H.R. 1500, the Consumers First Act, which restores the agency's supervisory and enforcement powers, and provides the transparency and accountability needed for the agency to carry out its important mission. This committee will not tolerate the Trump Administration's anti-consumer actions and we will act to ensure that the Consumer Bureau is fully empowered to protect consumers. So I look forward to Director Kraninger's report on the Consumer Bureau's activity, and to discussing the agency's recent harmful proposal to undermine its payday rule, as well as the loss of more than 10 percent of agency staff, among other important issues. I also look forward to the second panel's testimony on how Congress can help ensure the Consumer Bureau is putting consumers first. The Chair now recognizes the ranking member of the committee, the gentleman from North Carolina, Mr. McHenry, for 4 minutes for an opening statement. Mr. McHenry. Thank you, Chairwoman Waters, for yielding. And Director Kraninger, thank you for being here. And thank you for your first testimony before this committee. Many of us have expressed serious reservations over the establishment of the CFPB. Those are still the initials, as you have re- established. Our concerns were driven by the fear that Congress was creating one of the most powerful and unaccountable bureaucracies ever; unfortunately, we were right. For nearly a decade, America's small businesses, community banks, and families have experienced firsthand what an unacceptable agency looks like. Since 2011, the CFPB has run roughshod over due process and advanced a political, partisan agenda rather than serving as a place to help consumers. Want to know whether the CFPB thinks the product is abusive? Well, the Bureau knows it when it sees it. And you will find out as soon as there is an enforcement action. Want to understand how to comply with financial regulations? Yes, you will see that, too, just wait and see if the Bureau's enforcement team visits you. It is called ``regulation by enforcement'' and it is a dangerous and destructive approach to supervision. That is why we invited Scott Weltman on the second panel today. He is someone who fought Mr. Cordray's CFPB and its abusive practices and won. Several years ago, Mr. Weltman's firm was awarded a State contract by Ohio's then-Attorney General, Richard Cordray. Mr. Weltman's firm worked with Mr. Cordray on disclosure language and ultimately had his contract renewed. The debt collection disclosures were acceptable to Attorney General Cordray, but not to then-CFPB Director Richard Cordray, who charged that Mr. Weltman's firm had harmed consumers by using the very disclosures he had previously approved. Now, keep in mind, there is no evidence of consumer harm and the Bureau had never promulgated standards on debt collection; yet, the Bureau still tried to extract $1 million from this firm because, well, they just didn't like the look of it. Is that how we are going to regulate? Is that a government standard? Is that best practices? Despite the heavy-handed approach, Mr. Weltman decided to fight the CFPB in court and won. The good news is that it is a new day in the CFPB, and I welcome that. Under Director Kraninger's leadership, she has pledged to provide more transparency and stop the Bureau's ugly history of regulation by enforcement. And she has prioritized the importance of financial innovation to drive greater financial inclusion, which should be the core of the mission for the Bureau. Director Kraninger, I applaud your commitment to innovation. I welcome your new leadership for this Bureau. The work being done by your Office of Innovation is very important and I hope you will continue to make it a priority. Still, today you will face criticism from my friends on the other side of the aisle over some of the steps you have taken. The reality is that you have had unilateral authority to do whatever you want, and I am not sure everyone in this room thinks that is a good idea; they have a point. While we have seen more transparency in the last year since the inception of the Bureau, the structure of the agency still alarms me. It is run by a single individual who has no real oversight or accountability. We expect that you will testify next year as well, and we are hopeful you will respond to letters in the meantime. That is not really the best way for us to have executive oversight. The Bureau still has an unfettered line of credit with the Federal Reserve and there still isn't a CFPB Inspector General. It is not you, Director Kraninger, that has me worried, it is your successor, and your successor's successor, and what we do to American regulation going forward. Good government should not be a partisan exercise. So to you I offer a welcome, and my hope that you will follow the rule of law and the letter of the law at the creation of the Bureau. But in spite of the improvements that we have sought legislatively, the Bureau still is in need of reform. And to my friends on the other side of the aisle, I ask you to work with us to pursue sensible improvements to the CFPB. Let us not allow politics to distract the consumer protection that is so vital and so important and that we all hold so dear. I yield back. Chairwoman Waters. Thank you. The Chair now recognizes the subcommittee Chair, Mr. Meeks, for 1 minute. Mr. Meeks. Thank you, Chairwoman Waters, for calling this very important hearing. An often-overlooked driver of the financial crisis was the failure of prudential regulators to identify and curb systemic patterns of consumer abuse. When Wall Street collapsed and businesses across the country began to fail, American families and consumers bore the brunt of the financial burden, losing their jobs, their homes, and what little savings they had. To address this systemically, we established the CFPB, an independent bureau focused solely on consumer protection. And I am extremely concerned that actions taken since President Trump assumed office have undermined these central pillars of the organization. The independence of the CFPB is greatly undermined by the inappropriate injection of a dozen or more un-vetted senior political appointees, focused not on fulfilling the organization's mission but rather on political outcomes at the expenses of the American consumers. I hope that Director Kraninger will address this in detail and commit to remedy this promptly. And I yield back. Chairwoman Waters. The Chair now recognizes the subcommittee ranking member, Mr. Luetkemeyer, for 1 minute. Mr. Luetkemeyer. Thank you, Madam Chairwoman. Director Kraninger, we are happy to welcome to you to your semi-annual testimony before this committee, and to congratulate you as the newly confirmed Director of the Bureau of Consumer Financial Protection. The Bureau is a unique entity. As CFPB Director with no commission or board over you, you are accountable to no one. To quote your predecessor, Mr. Mulvaney, ``The Director has a kind of absolute power which would frighten most of us.'' In the past, my Democratic colleagues sang the praises of a CFPB Director's ability to independently lead the Bureau in its well-intended mission. Today, my colleagues are going to pick apart every single decision you have made or could make as Director, simply because President Trump appointed you. Transparency and accountability are guiding principles of our American democracy, not the tenants of partisan politics. I trust that in your tenure at the CFPB, you will ensure consumers are well protected by prioritizing increased accountability and transparency in the actions of the Bureau and those it oversees. I congratulate you, again, on your well- deserved confirmation. I look forward to working alongside you as you lead the Bureau to meet its mission. And I yield back. Chairwoman Waters. Today, we have two panels. I want to welcome the first panel, the Honorable Kathy Kraninger, the Director of the Consumer Financial Protection Bureau. Ms. Kraninger has served as Director of the CFPB since December 2018 and is appearing for the first time before the committee. Prior to assuming this position, Ms. Kraninger was Associate Policy Director at the Office of Management and Budget (OMB), where she was involved in overseeing the budgets of the Departments of Homeland Security, Justice, and Treasury, among others. Prior to her work in OMB, she served as a committee staff member for several Senate and House committees, finishing as Clerk for the Senate Appropriations Committee's Subcommittee on Homeland Security. Ms. Kraninger, without objection, your written statement will be made a part of the record. You will have 5 minutes to summarize your testimony. When you have 1 minute remaining, a yellow light will appear. At that time, I would ask you to wrap up your testimony so we can be respectful of both the witnesses' and the committee members' time. You are now recognized for 5 minutes to present your testimony. Thank you, Ms. Kraninger. STATEMENT OF THE HONORABLE KATHY KRANINGER, DIRECTOR, CONSUMER FINANCIAL PROTECTION BUREAU (CFPB) Ms. Kraninger. Chairwoman Waters, Ranking Member McHenry, and distinguished members of the committee, thank you for the opportunity to present the Consumer Financial Protection Bureau's most recent semi-annual reports to Congress. While the reports describe actions undertaken before I arrived, they provide a touchstone as we create the fresh outlook at the agency under my leadership. This testimony appropriately takes place during National Consumer Protection Week. As such, I want to take a moment to thank the dedicated team at the Bureau. I am impressed by these exceptionally talented staff and their commitment to the mission. I also want to recognize the many partners in our work, stakeholders in Congress, the media, financial institutions, educators, consumer advocates, as well as fellow regulators at the Federal and State level. Since my confirmation, I have been engaged in a listening tour to meet as many of those stakeholders as possible, including many of you, and those I just mentioned. I have visited our regional offices in San Francisco, New York, and Chicago, interacting first and foremost with Bureau staff. In D.C., and in the field, I have held roundtables and met with consumer advocates, faith leaders, banks of all sizes, credit unions, non-depository financial companies, and innovators. I have spoken with current and former members of the Bureau's Consumer Advisory Board, and many individuals who care about the Bureau, including Senator Dodd, Congressman Frank, and former Director Cordray. Hearing all perspectives is critical to bringing the best thinking as we carry out our mission of protecting consumers. The following gives you a flavor for the discussions I have been having. I have heard far and wide that the Bureau produces phenomenal financial education content. Stakeholders and the Bureau, however, are struggling with the challenge of measuring how education changes behavior and leads to action. I have talked to my examiners about working with institutions to build a culture of compliance and how supervision should be a more prominent tool in the Bureau's toolkit. Also, on exams, financial institutions and non-bank lenders alike have noted the value of the exam process, as well as their interest in having clear rules of the road. State Attorneys General and bank supervisors have cited the valuable work that we have done together, particularly on enforcement actions. And I have heard from legal aid providers how they play whack-a-mole against bad actors until one of the Bureau's enforcement actions deters certain behavior. As I look to wrap up my listening tour this month, I have pledged that these engagements will continue on a regular basis. As one example, I have invited all the members of this committee to visit the headquarters on Monday, May 20th. I hope that all of you will be able to participate in this event. In the midst of the listening tour, I have also ensured that the ongoing work of the Bureau continues at-pace. I will highlight a few of our most recent actions. First, I pledge to protect consumers from bad actors, and the Bureau's enforcement attorneys continue their work to that end. I have announced five enforcement actions since I started, including one against a payday lender that failed to prevent overcharges, and made harassing collection calls; and a second against an online lender that debited consumers' bank accounts without authorization, and failed to honor loan extensions. Second, with the intent to maintain access to credit and ensure more choice for consumers in need of emergency funds, the Bureau is reconsidering the sufficiency of the evidence and analysis supporting the underwriting requirements of the short- term, small-dollar lending rule. We want consumers empowered to make their own decisions that best suit their individual financial needs and we want to make sure our evidence is sufficiently robust and reliable. I have an open mind on this matter and look forward to reviewing the comments and evidence that are submitted in response to our proposals. During America Saves Week, I announced the Start Small, Save Up initiative to help promote the importance of savings among Americans. A simple message but one urgently needed, given a study that 40 percent of adults lack enough liquid savings to cover a $400 emergency expense. We have also issued a number of important reports, including our assessments of significant rules and some on consumer credit trends, as well as an analysis of suspicious activity reports on elder financial fraud. Last, I have spent significant time understanding the Bureau's operations and looking at ways to improve delivery of the Bureau's mission. With the incredible flexibility that Congress has provided this agency, I feel a deep sense of responsibility for ensuring we become a model for efficient and effective use of resources in delivering that mission. Looking ahead, I will be setting our priorities for the Bureau, including setting the tone for how we will operate as an agency. I expect to emphasize stability, consistency, and transparency as hallmarks as we mature the agency and institutionalize the many partnerships that are key to our success in protecting consumers. I am also examining how we can best utilize all of the tools that Congress has given this agency, broadening our efforts to focus on prevention of harm is a primary goal for our actions. Thank you, again, for the opportunity to present the CFPB's work to you and to provide you with an update on the activities so far in my tenure. I would be happy to answer your questions. [The prepared statement of Ms. Kraninger can be found on page 150 of the appendix.] Chairwoman Waters. Thank you very much, Ms. Kraninger. I want to start by recognizing myself for 5 minutes for questions. My first question has to do with fair lending. Mr. Mulvaney's tenure at the Consumer Bureau was extremely harmful to consumers. In just over a year, the Consumer Bureau's staffing was reduced by more than 10 percent, and public enforcement actions dropped nearly 70 percent from 2017 to 2018. In addition, there was zero fair lending public enforcement actions taken during Mr. Mulvaney's tenure. Perhaps that should not come as a surprise since he stripped the Office of Fair Lending and Equal Opportunity of its supervisory and enforcement powers, and he installed a political appointee with a well-documented perspective, who is not worthy of overseeing fair lending enforcement. Director Kraninger, I have several questions for you. Given the lack of fair lending public enforcement actions since Mr. Mulvaney's tenure, does the Consumer Bureau have any ongoing fair lending investigations that have been initiated since you became Director? Ms. Kraninger. Chairwoman Waters, I can assure you that fair lending is a continuing priority in the Bureau. Supervision and enforcement work is ongoing. Many of the examiners and enforcement attorneys who did that work prior to the transition continue to do it. Chairwoman Waters. Ms. Kraninger, I am going to interrupt you-- Ms. Kraninger. There are currently open investigations-- Chairwoman Waters. I am going to interrupt you and reclaim my time. Ms. Kraninger. Yes. Chairwoman Waters. I am asking you a direct question. I am asking you, does the Consumer Bureau have any ongoing fair lending investigations that have been initiated since you became Director? Ms. Kraninger. There are-- Chairwoman Waters. Yes or no? Ms. Kraninger. --ongoing investigations in the fair lending space-- Chairwoman Waters. Has the Bureau initiated any lending investigations since you became Director? Not ongoing ones. I want to know what you have done since you have been there. Ms. Kraninger. Generally speaking, the opening of an investigation is actually a decision made by the enforcement-- by attorneys. Chairwoman Waters. Excuse me. I am going to reclaim my time. What you are saying is, ``no.'' Ms. Kraninger. I am actually saying enforcement attorneys make the decision to open an investigation. Chairwoman Waters. I am saying that you are not able to answer the question by saying that there have been fair lending investigations that have been initiated since you became Director, that you know about. Will you restore the Office of Fair Lending and Equal Opportunity's supervisory and enforcement powers? Ms. Kraninger. The ongoing work of the Bureau in enforcement and supervision of fair lending laws continues. The change with respect to where the Office of Fair Lending is and bringing that into the office of the Director, I believe, facilitates the larger policy interests and considerations for outreach and education, and brings fair lending--again, broadening it across the agency to make sure that we are focused-- Chairwoman Waters. Thank you very much. Ms. Kraninger. --absolutely on that mission. Chairwoman Waters. Do you believe that there is a need to restore the Office of Fair Lending and Equal Opportunity's supervisory responsibility and powers? Do you believe that it has been weakened and that it needs to be restored? Ms. Kraninger. I believe that it has indeed been strengthened, Madam Chairwoman, with the Director's office-- Chairwoman Waters. Do you believe that it needs to be restored because of what Mr. Mulvaney has done? And will you do it? Ms. Kraninger. I believe that the importance of fair lending has actually been enhanced by the change in the organization. Chairwoman Waters. So you are saying that you do believe that there is a need to restore it and you will do that, is that right? Ms. Kraninger. I commit to you that fair lending continues to be a strong priority. Chairwoman Waters. I am asking you, do you believe that it needs to be restored and that you will do it? You will restore the Office of Fair Lending and Equal Opportunity's supervisory and enforcement powers. Will you do that? Ms. Kraninger. The mission of fair lending has been enhanced by the reorganization, in my perspective. Chairwoman Waters. I am going to move on. Mr. Mulvaney appointed Eric Blankenstein to oversee supervision and enforcement, including fair lending enforcement, even though many of his colleagues at the Consumer Bureau believe his blog posts uncovered by The Washington Post and The New York Times were racist, and that these posts directly conflict with the agency's mission and responsibility. Let me quickly review some of the racist and reprehensible comments that he has written. I will not repeat them all, but let me just ask, are you aware of this comment on the University of Virginia's honor code and acting against hate crimes? He wrote, ``Until a hood-wearing KKK member is caught, why should the honor system be changed?'' Are you aware of that? Ms. Kraninger. Chairwoman, I have read what is-- Chairwoman Waters. Are you aware of that? Please, Ms. Kraninger, just answer the question. Ms. Kraninger. I have read what is reported by the press. All of this took place in his-- Chairwoman Waters. Oh, so you know that the press has indicated that this was something that he said, you are aware of that? Ms. Kraninger. I have read what has been covered in the press, I would also-- Chairwoman Waters. And so you are aware of the fact that this was reported in the press. You have seen, heard or you know about that, is that correct? Ms. Kraninger. That is correct and I would-- Chairwoman Waters. Okay. Thank you. Ms. Kraninger. There is an ongoing investigation on it. Chairwoman Waters. That is all I need to know. Here is another quote, fine, let's say they called him the n-word, this is a quote from him, ``Would that make them racists, or just an a-hole?'' Are you aware of that quote? Ms. Kraninger. Chairwoman, I have stipulated that I have read the press reporting on this matter and-- Chairwoman Waters. Okay. Then you are aware-- Ms. Kraninger. --it preceded my time at the Bureau. Chairwoman Waters. You are aware that that has been quoted. Thank you very much. We will continue to move on. Mr. McHenry, the ranking member, the gentleman from North Carolina, is recognized for 5 minutes. Mr. McHenry. Director, I said in my opening statement that the design of your Bureau, you have a fixed term of office, and absent--as the courts have found and the statute pertains--some exceedingly grievous act, you can't be removed from office. So the Bureau, as designed by my Democrat colleagues without Republican votes in the Dodd-Frank Act, designed this Bureau to be unaccountable. The chairwoman spent time, I would say, badgering you about the design of offices within your Bureau that are fully within the purview of you as Director to design. So let me just drill in on this question of independence of your Bureau. Would you describe, as you see it, what Dodd-Frank, the Act that created the CFPB and your office, gives you the power to do? Ms. Kraninger. Congressman, as you stipulated, there is tremendous authority that Dodd-Frank vests in the Director of the Bureau, including related to the organization of the Bureau itself. Section 1012 stipulates that the Director has the flexibility to organize the Bureau as it sees fit. Many of the sections of the Act stipulate that the authority is vested, in fact, in the Director and certain activities can be delegated further at the Director's discretion. Mr. McHenry. Okay. So that does include the power to make decisions as to staffing? Ms. Kraninger. Yes. Mr. McHenry. Does it include limitations on political appointees or no limitations on political appointees? Ms. Kraninger. Dodd-Frank reiterates the powers to the Executive Branch under Title V for the hiring authorities that are there. Mr. McHenry. So does that include the availability of a consumer complaint database? Ms. Kraninger. Yes, it does. There is a responsibility to collect consumer complaints, and Dodd-Frank stipulates some ways that those complaints should come to the Bureau. Mr. McHenry. Okay. Does that include redesigning offices within the Bureau, to the question of the chairwoman? Ms. Kraninger. Yes, it does. Mr. McHenry. So you have that capacity to change the structure of the offices that report to you as Director? Ms. Kraninger. Yes. There are some offices that are listed in the statute that shall exist, but, again, there is flexibility with respect to which responsibilities go to those. Mr. McHenry. So absent a change of statute, you have that flexibility on reporting structures? Ms. Kraninger. That is correct. Mr. McHenry. Okay. And as you highlighted, you think this reporting structure that you currently have is better than what you previously saw? Ms. Kraninger. With respect to fair lending, I do believe that. Again, the purpose was to enhance the prominence of that as part of the Bureau's mission. In the office of the Director, as in many other agencies across the government, putting that in the front office is something that actually enhances the ability of that office to influence the other activities and coordinate activities across the entire agency. Mr. McHenry. And you also have flexibility on the membership and structure of the Consumer Advisory Board, do you not? Ms. Kraninger. Yes, the statute does stipulate some skill sets that must be present in the membership but there is much flexibility there. Mr. McHenry. Okay. Have you had a chance to review the Consumers First Act that the chairwoman has offered? Ms. Kraninger. Yes, I am generally familiar with it. We are still looking at it. I know it is similar to, in some ways, a previously introduced legislation-- Mr. McHenry. And it seems as though that legislation mandates specifics on every one of the questions I just asked, does it not? Ms. Kraninger. I believe that it does. Mr. McHenry. But you could also implement all the changes within this legislation without the bill getting signed into law, could you not? Ms. Kraninger. Some of them, certainly, with respect to organizational issues you raised, yes. Mr. McHenry. So if we are talking about the Democrat message today, it is that you are an independent Bureau but we don't like you, right? It is a very confusing thing when we see legislation to get into your space and interfere with your independence, right? We are talking about the broad structural challenges at the CFPB we see and how that impacts consumers. So I think we just have a fundamental debate here within Congress that is a debate for us as lawmakers to make. You need to act under the statute as designed, not based off of what is being yelled at you via a congressional hearing. We would like for you to hear our input. Unfortunately, in the design of your statute, you don't have requirements to do so. I want to change that statute so that we have a structure that is a bipartisan board, a structure that puts you on budget, but that is something that is for me to fight about, not you. You are the Director and you have a statute to operate under. The final thing I would ask for is one final-- commensurate with your time, chairwoman--question about innovation. We had a hearing last week about consumer credit reporting agencies. In your written testimony, you say the number one consumer complaint in 2018 was about consumer credit reporting agencies. Do you believe that innovation in the marketplace and competition can create better options for consumers? Ms. Kraninger. As a general matter, absolutely, yes. Chairwoman Waters. The gentleman's time has expired. Mr. McHenry. Would you please let her finish answering the question? I didn't hear, if you-- Chairwoman Waters. I will give you that courtesy. You know the time has expired, but I will give you that courtesy. Mr. McHenry. I would give the witness that courtesy. Chairwoman Waters. I will give it to you; you are asking for it, for the witness. Ms. Kraninger. As a general matter, the answer to that question is absolutely, yes, Congressman. Mr. McHenry. Thank you. Chairwoman Waters. Thank you very much. The gentlewoman from New York, Mrs. Maloney, the Chair of our Investor Protection Subcommittee, is recognized for 5 minutes. Mrs. Maloney. Thank you, Chairwoman Waters, and Ranking Member McHenry. And thank you, Chairwoman Waters, for introducing yesterday the Consumers First Act. Welcome, Director Kraninger. Director Kraninger, the Consumer Bureau published a study on overdraft fees in 2014. Are you familiar with this study? Ms. Kraninger. Congresswoman, we had a very nice conversation about this. I did go back and look at the overdraft reports we have issued. I can't say I will be able to recite every fact from them, but I have a general familiarity. Mrs. Maloney. Do you have any reason to question the numbers in that study? Have you reviewed the study and found any factual errors? Ms. Kraninger. I know that the Bureau continues to look at this issue from a research standpoint. But I would stipulate that we are continuing to look at the issue. Mrs. Maloney. Okay. Well, let me just remind you that the Bureau study found that most overdraft fees are incurred on purchases of just $24 or less and are paid back within 3 days. But the median overdraft fee for these small overdrafts is still a whopping $34. So if I overdraft with a cup of coffee, my fee would be $34. Now, if you borrowed $24 for 3 days and paid $34 in interest, do you know what the annual percentage rate on that loan would be? Ms. Kraninger. It would be substantial, certainly. Mrs. Maloney. Yes, it is. I will tell you exactly what it will be. It is an annual percentage rate of about 17,000 percent. So my question is, given the Consumer Bureau's own research on overdraft fees, which you don't dispute, do you plan to do anything about these excessive overdraft fees? Do you plan on a rulemaking on overdraft? Ms. Kraninger. Congresswoman, I absolutely appreciate where you are coming from on this issue and know that you have spent a lot of time on this issue. I have asked the staff about this topic per our conversation. We are actively looking at what the priorities are for the rulemaking agenda. I commit to you that this is certainly on the table in terms of what we would look at and when we can get to it. Mrs. Maloney. Thank you. I want to ask you about the Credit CARD Act, which I authored along with many Democrats on this committee. In that bill, we required the Consumer Bureau to do a study on the credit card market and the impact of the CARD Act every 2 years. Now, the bill cut down on unfair, deceptive practices but we wanted a report on what it meant. When the Bureau published its CARD Act study in 2015, it estimated that the bill had saved consumers roughly $16 billion in unnecessary fees and that credit had actually become more available and more affordable. I call this the ``Democratic stimulus package'' because it kept the money in the consumers' hands. But when the Bureau published its latest CARD Act study in December of 2017, it removed that estimate of how much the bill has saved consumers. So my first question is, why did the Bureau remove that estimate? Ms. Kraninger. Well, Congresswoman, I am, again, generally familiar with this issue. I knew you would ask this question about it and I understand your concern. My understanding is that there was an assessment of what is required under the statute to be reported and that was what is included in the report. Mrs. Maloney. Okay. Well, do you believe that the CARD Act has saved consumers money? Ms. Kraninger. I will say I have not spent detailed time on that topic, but I take you at your word in terms of what the prior reports say. Mrs. Maloney. Well, $16 billion a year. That is a lot of money. Now, in the Consumer Bureau's recent payday loan proposal it said that one of the reasons it was removing the ability-to- repay requirement was that it ``does not believe it is cost- effective for itself and for lenders and borrowers to conduct the necessary research'' to determine whether an ability-to- repay requirement is necessary. By refusing to even do the necessary research, you are basically putting your head in the sand, which I think is totally inappropriate for the agency charged with protecting consumers. Will you commit to doing the necessary research on the need for an ability-to-repay requirement for payday loans before finalizing the Bureau's revision to the rule? Ms. Kraninger. Congresswoman, as I know I will discuss extensively, and as I mentioned in my opening statement, the review of the short-term, small-dollar lending rule does look at the sufficiency of the legal arguments as well as the fact basis. That proposal is out for open comment right now under the Administrative Procedure Act. We welcome all of the comments and data and we will certainly look at the full record going forward once all that information is in-- Chairwoman Waters. The gentlelady's time has expired. Mrs. Maloney. Okay. I yield back. Chairwoman Waters. The gentlelady from Missouri is recognized for 5 minutes, Mrs. Wagner, the vice ranking member. Mrs. Wagner. I thank the Chair. Protecting consumers is one of my most important missions. But the Consumer Financial Protection Bureau deprives consumers of necessary choices and complicates access to financial products. Director Cordray's CFPB abused its power and it issued regulations that make it more difficult for consumers to qualify for a mortgage, obtain auto loans, and access forms of credit. It is imperative that this committee exercises oversight over the CFPB to reign in abuses. And I can't tell you how much I am looking forward to your leadership, Director Kraninger. Director Kraninger, thank you for your testimony and, again, your leadership at the CFPB. You took the helm in December, and have since taken what I believe to be a thoughtful approach to the duties of an agency that many of my colleagues, myself included, believed to be unconstitutionally structured. You have conducted a 3-month listening tour to hear from State regulators and consumer advocates, and to talk with your employees to see what is working well and what isn't. What have you discovered through these discussions in terms of how to ensure the Bureau is actually helping consumers and not abusing its powers? Ms. Kraninger. Thank you for that question, Congresswoman; it is a really central one to what I am trying to do in hearing from all perspectives on this matter. I think, again, protecting consumers is our mission and I have been truly impressed by the staff who are there, and are truly dedicated. I have had a lot of discussions with our own examination staff, understanding even the most mundane pain points that they are experiencing from how they have to manage their travel. That is time away from the mission and that is my focus on how we best utilize our resources. It is, again, how do we make sure that every dollar is actually going to protect consumers and not towards administrative activities, bureaucratic things that are standing in people's ways. So certainly, they have raised those issues. I have talked to educators about the most effective ways to get the American people and the public to understand better the products and services they are interacting with, how to help Americans make the best financial decisions for themselves in their own lives, and to give them the information that they need to do that, and carry out all the missions of the Bureau, of which there are many. Mrs. Wagner. When your predecessor appeared before this committee last April, he was very blunt. And he described the scope of his individual authority and power as Director, explaining at the outset that he could, if he chose, decline to answer any questions from committee members or refuse even to appear at all. Because the plain reading of this failed statute does not require it. He went on to describe the Director's sole authority and complete discretion to define entire classes of financial institutions and products, to target regulations and enforcement actions as he alone saw fit. In your read of the law, do you as Director have unfettered power and authority? Ms. Kraninger. Congress vested tremendous power and authority and responsibility in the Director, yes. Mrs. Wagner. Which is something that we, here in Congress, need to fix. How will you approach the directorship to best serve Americans, and what tools does the Bureau need from Congress to be successful in following through with your mission to end the era of regulation by enforcement? Ms. Kraninger. I appreciate that question, Congresswoman. We have, certainly, a very important responsibility to establish clear rules of the road. As I noted, I have heard that from industry; in some respects, I have heard that from the examiner's staff as well, making sure that they can hold institutions accountable and to have clear rules and ensure a culture of compliance in the way that they are operating. So that is something that I am looking at very carefully. I don't have a specific ask of Congress to that point. There is a lot of flexibility in how we do things, but the law is certainly our touchstone in terms of what we undertake for supervision. Mrs. Wagner. I thank you for your answers. I thank you, again, for your leadership. We look forward to your leadership, moving forward. You do not deserve to be berated or badgered; you are a fine public servant, and I appreciate all of the work that you are doing. It is Congress' job to change the statutory authority and rein in the CFPB. I thank you, and I yield back. Chairwoman Waters. The gentlelady from New York, Ms. Velazquez, is recognized for 5 minutes. Ms. Velazquez. Thank you, Madam Chairwoman. Director Kraninger, I was here for the passage of Dodd-Frank. We designed the CFPB to be an independent organization, outside the influence of Congress and, most importantly, from the Executive Branch. At his appearance before the committee last year, I expressed my concerns to Mr. Mulvaney about his dual roles at OMB and the CFPB. Given your previous employment at OMB, and your reported close ties to Mr. Mulvaney, I feel it is necessary to ask you a similar set of questions. First, how many conversations have you had with Mr. Mulvaney since being confirmed as Director of the CFPB? Ms. Kraninger. I have certainly seen Mr. Mulvaney several times socially since I was confirmed. Ms. Velazquez. Okay. So no conversations-- Ms. Kraninger. I have seen him socially. I can assure you, if where you are going is about the independence of my decisions-- Ms. Velazquez. Yes, correct. Ms. Kraninger. I can tell you that I absolutely take seriously the responsibilities vested in me, and that the decisions that I make at the Bureau are my decisions. Ms. Velazquez. Reclaiming my time, how many conversations have you had with President Trump since being confirmed as Director of the CFPB? Ms. Kraninger. None. Ms. Velazquez. Has the President given you any directive that you felt interfered with your authority as an independent regulator? Ms. Kraninger. No. Ms. Velazquez. Has Mr. Mulvaney or any other person from inside the Trump Administration given you a directive that you felt interfered with your authority as an independent regulator? Ms. Kraninger. No, definitely not. Ms. Velazquez. Have you been to the White House since you have been sworn in as the Director of the CFPB? Ms. Kraninger. I went there for one social event. Ms. Velazquez. Just one social event. Have you conducted official CFPB business from within the White House since you have been sworn in? Ms. Kraninger. I have only been there once for a social event. Ms. Velazquez. Okay. Director Kraninger, last week The Washington Post published an article describing how a lawyer with ties to the payday lending industry directed a report which concluded that repeatedly taking out payday loans didn't harm borrowers, and then later discussed those results with a CFPB economist. First, is it your continued position that the CFPB was not influenced by the payday lending industry lobby on the issue as you were reconsidering the rule? Ms. Kraninger. I also saw the article you referenced by The Washington Post. I have never heard that person's name before. I can tell you that in the entire history of the prior rulemaking in addition to this one, the Bureau has taken input from all kinds of stakeholders. Ms. Velazquez. Okay. Thank you. Specifically, what evidence and academic research did the CFPB use in its recent determination to rescind the original rule? Ms. Kraninger. The reconsideration of the rule is driven by a concern about the legal and factual sufficiency of the determination of unfairness and-- Ms. Velazquez. Legal interpretation is not influenced by the report by the payday lending industry, so tell me, what evidence did you use? What report or study did you use as you were rescinding this rule? Ms. Kraninger. Again, it is a proposal, so we are in the comment phase and we welcome all comments and evidence as we have stipulated, and I continue to stipulate publically, there is a decision to make on the full docket but as a result of what was the reconsideration-- Ms. Velazquez. Okay, so no research and no study. I would also like to point out for the record that the Community Financial Services Association, which is the trade association for the payday lending industry, held their 2018 Annual Conference at the Trump National Doral Club in Miami. So maybe it is true that the CFPB was not influenced by the payday industry when making its determination to rescind the rule, but holding their conference at the President's golf club, and the Director's prior connection to Mr. Mulvaney certainly gives the appearance of impropriety and corporate influence. I yield back. Chairwoman Waters. The gentleman from Florida, Mr. Posey, is recognized for 5 minutes. Mr. Posey. Thank you very much, Madam Chairwoman. Not a single person in this room, I believe, would suggest that consumers shouldn't be protected from unfair practices in dealing with financial institutions to obtain the products and services that they need. But I regret to say that the history of the Bureau and the legislation that created it has caused many of us pause to see what we feared when Dodd-Frank was actually passed. The Bureau gets direct funding from the Federal Reserve and it is completely outside the oversight of the annual appropriations process. The history of the Bureau under Mr. Cordray has received just criticism for the heavy-handed way that it regulated through enforcement. Consumer protection is important, for sure, but when it is pursued with excess intimidation as it has been, the very consumers we seek to protect suffer a decline in services as financial institutions face negative incentives and crippling uncertainties to take risks and serve the public. The power to regulate should not become the power to destroy. I am pleased former Acting Director Mulvaney had a year to right the ship and curb the excesses, or many of them. And I look forward to your leadership and to the moderate and temperate protection of consumers. Director Kraninger, in the last Congress I sponsored the Bureau Advisory Opinion Act that was ultimately included in the House financial package, the CHOICE Act that passed on the House Floor. As you know, Federal regulations can be complicated and hard for smaller businesses to comprehend unless agencies are willing to offer guidelines. They can say, we want this done in red. And we know there are a thousand different shades of red, from fire engine red to Ferrari red and 998 more others in between. And the agency seemed to get some kind of thrill out of saying, ``Oh, you chose the wrong red.'' And so, the advisory opinions, I would suggest, would let people know specifically which red, just for example, you were talking about. Many Federal agencies already do that. And we had hoped the CFPB would on its own do that but they refused to, said there was no need. I don't believe that is true. I was just wondering if you would consider implementing such a rule administratively? Ms. Kraninger. I appreciate the question. Because, again, the clarity of what the rules are and ensuring that institutions who are seeking to comply and working to comply know what those rules are, is critically important. We need to spend time taking enforcement actions against those true bad actors who have no intention of complying, and that is where the focus should be on the enforcement front. That is why we have a great supervision tool; we have regulatory authority to provide the clarity you are discussing. Mr. Posey. Well, thank you. Before us today, we have a bill called the Consumers First Act. Now, most of the text of this bill is a set of findings, including a long list of complaints about Mr. Mulvaney's tenure as acting Director. One of the complaints is that he had the nerve to create an Office of Cost-Benefit Analysis to see actually what the cost was to consumers for the alleged benefits that they receive on the other end. Many, many other agencies have those. President Reagan issued such a directive. President Clinton and President Obama continued along that same line. And it seems like applying the same principle to the Bureau regulations makes sense to me. Can you comment on that principle? Ms. Kraninger. Absolutely, I agree that it is an important principle in the way the government should operate in looking at the costs and benefits, and weighing those, and quantifying them. To the extent that there is an opportunity to do that, really laying those out is a core part of every part of analysis that we should be doing with the Bureau's activities. I am certainly looking to do that moving forward, and working with the staff about how we do that best and how we best organize to do that. Mr. Posey. Well, I want to thank you for your direct answers, and I want to apologize for some of the contentious approaches, antagonistic approaches toward you today. Keep up the good work. I yield back, Madam Chairwoman. Chairwoman Waters. The gentleman from California, Mr. Sherman, is recognized for 5 minutes. Mr. Sherman. Thank you for being here, Director. Dodd-Frank Section 1022 allows the Bureau to exempt certain classes from rulemaking at its discretion or to have one rule applied to the giant institutions and a separate rule applied to smaller institutions, or even small or medium-sized institutions. And I would hope that as you go through the process, whether it is reviewing older regulations or promulgating new ones, that you fully use that power because it was not the intent of Congress that one size would fit all. I want to draw your attention to what are called PACE loans, the property assessed clean energy loans. We are all for clean energy, but even if you are buying an improved air conditioning system that will help save the planet, you still should be protected from any kind of loan document that you don't fully understand, and that is why the Economic Growth and Regulatory Relief and Consumer Protection Act has led to you issuing regulations dealing with PACE loans. I know that you have issued the advanced notice of proposed rulemaking on this issue. I hope you will give it a high priority and move it forward. But if it is still germane, I hope that you would consult with California Commissioner of Business Oversight Jan Owen. These loans started in California. We have had a wealth of experience, we have passed legislation, and I think that it can provide you with additional input. Ms. Kraninger. Thank you, Congressman. If I may on that, I actually have met with Jan, and spoke to her about this topic, and I appreciate what California has done on it. We are working very closely together on it. Mr. Sherman. Thank you. Because these things come in as, in effect, something higher than a first trust deed. And another issue that has confronted us is wire fraud. I had a chance to--when Jay Powell was there at the Fed, this is both a bank regulatory issue and consumer protection issue. What happens is people are buying a home, so they know they are going to be wiring a bunch of money to somebody. Somebody hacks their account, impersonates the home seller, and gets them to wire the money to the Bahamas, Peru, or Saint Petersburg. So I hope that you, along with the bank regulators, would look at what we can do. What Britain has done is payee identification, so that when you wire money you are not just wiring it to a numbered account. You are wiring it to a numbered account that must be held in the name of the person you are trying to send the money to. And I hope that you would view that as a consumer protection issue. We have had some recent court decisions that have been helpful in interpreting the Real Estate Settlement Procedures Act (RESPA). Will the CFPB work to eliminate the uncertainty that led to this litigation to begin with, and issue new regulations, particularly in light of the new judicial decisions? Ms. Kraninger. Congressman, I think you are talking about the TILA-RESPA Integrated Disclosure? Or is there a particular RESPA issue that perhaps I am not as familiar with? The disclosures that Congress directed us to do a rulemaking on, combining the Truth in Lending Act and Real Estate Settlement Procedures Act disclosures process and that is a rulemaking that I have heard from stakeholders that there are perhaps some questions or clarifications that we need to deal with. So that is something that we are looking at. Mr. Sherman. I hope that you would look at whether to modify or withdraw the 2015 RESPA bulletin which has been problematic, and I believe that recent court decisions point to different conclusion than that document. With that, I will yield back, unless you have any further comments? Chairwoman Waters. Thank you, the gentleman's time is almost expired. You have 20 seconds. Ms. Kraninger. Congressman, no, I appreciate the issues you have raised and they are certainly all the ones that I am looking at. I am not familiar with that 2015 RESPA bulletin but we will go back and look at it. Mr. Sherman. We will get you some material. Thank you. I yield back. Chairwoman Waters. Thank you. The gentleman from Michigan, Mr. Huizenga, is recognized for 5 minutes. Mr. Huizenga. I thank the Chair for that, and it's good to see you, Director Kraninger. How do you define success for the Bureau? Ms. Kraninger. I am obviously listening right now to a lot of different stakeholders to hear their perspectives. I am starting to think around a philosophy of focusing on prevention of harm. Again, we have tremendous tools and powers that Congress gave us to drive to that end. There are certainly institutions that are also motivated to support their customers and consumers and prevent harm. That is what is going to be what is best for consumers at the end of the day. I think that is certainly, again, a goal that I have that doesn't take away from the fact that we know there are bad actors who absolutely are seeking to take advantage of and engage in unfair practices that need to be addressed. But I think that is the kind of message and the power that I think the Bureau can bring forward. Mr. Huizenga. So it is not just the Bureau that is concerned about consumers? Ms. Kraninger. No, a myriad of stakeholders are, as I have heard across the country and certainly here. Mr. Huizenga. Should success be defined by the number of complaints that the Bureau receives or the number of fines or the amount of those fines or the number of employees that the Bureau has? Should that be the standard? Because that is what we heard earlier. Ms. Kraninger. I do not believe any of those measures alone tell the story that is important to tell. Mr. Huizenga. Because I kind of think it would be nice to have fewer complaints and fewer reasons to have these complaints coming in. And, in fact, you had kind of the closing statement in your testimony that prevention of harm was a primary goal. And I want to commend you on that. Because I think that really ought to be the goal. Not the number of paychecks that are collected by CFPB employees but about the number of people who don't need the services of the CFPB, that ought to be your measurement. I have a background in real estate and construction, and something that has been an issue that I have been dealing with for a number of years now, or a number of Congresses, has been on points and fees. You certainly have a qualified mortgage situation, and I am concerned that there is a difference without a distinction that we have here with affiliated and unaffiliated companies, and the distinction that that this causes is for first time homebuyers especially, but all homebuyers, to potentially be paying more in costs, not less in costs. And I think it stems from a lack of understanding of exactly how the mortgage industry--title insurance industry works. It may be one way in Massachusetts where lawyers are doing this but it is very different in Michigan where everybody has to charge the exact same amount for title insurance. And in addition to this affiliated/unaffiliated distinction, because of vagaries in the Dodd-Frank Act, escrowed homeowner's insurance premiums may count as points and fees in this, which makes absolutely no sense and is not even connected to any of the affiliation or non-affiliation. The Bureau has repeatedly asked Congress to deal with this; we have attempted to deal with it; I certainly have attempted to deal with it in this committee, and this committee has moved forward on a few of those things. But, in the meantime, I am curious what the CFPB is doing to help these smaller companies, especially these title insurance companies, compete in the mortgage lending space while we are working on a legislative fix. And do you agree that supporting these businesses actually increases access to mortgage credit and consumer choice and, therefore, lowers those costs for those buyers? Ms. Kraninger. Certainly, access to credit and the cost to consumers are key considerations. I know through the request for information that we have put out and the call for evidence, there were a lot of ideas on reducing regulatory burden. I believe we received 1,750 comments specific to that, including on the issue that you raised. So there are a number of regulatory issues that, to the extent we have the authority, we certainly are looking at how we can prioritize and act on them. Mr. Huizenga. Are you considering changes to that 3 percent cap as you review the QM? Ms. Kraninger. That is something we have been asked to reconsider. It is something I am talking to the staff extensively on the issues that are-- Mr. Huizenga. Okay. Well, please do. And, by the way, let's get into the structure of the CFPB. That is all we can do is request. Because the way that my friends--I wasn't here for the passage of Dodd-Frank but I am living with the echo effects. And I guess for some folks, a double standard is better than no standard. Before, they wanted no accountability for this Bureau; now, they want all of the accountability in Congress. I hope that they will be working with us on this side, who have been consistent in asking to make sure that we have the same type of structure in place for the CFPB-- Chairwoman Waters. The gentleman's time has expired. Mr. Huizenga. --as other agencies. I yield back. Chairwoman Waters. The gentleman from New York, Mr. Meeks, the Chair of our Subcommittee on Consumer Protection and Financial Institutions, is recognized for 5 minutes. Mr. Meeks. Thank you, Madam Chairwoman. Madam Director, let me ask first, how many career staff are on board currently with the CFPB? Ms. Kraninger. We have a total of just about 1,500 employees on staff now. That is roughly the number. Mr. Meeks. Okay. Well, have you worked with any of the career staff members there, sort of the upper echelon? Ms. Kraninger. I have made it a priority to meet as many as I possibly can. I would venture to say I have met with hundreds of the staff to date, including in New York and Chicago and San Francisco, how could I forget. Mr. Meeks. So would you say that many of the career staff who are there came because they were motivated and dedicated, had some background with regards to consumer protection? Ms. Kraninger. I have found all the staff to be truly dedicated and committed and, frankly, a very talented staff. Mr. Meeks. And do you rely upon them? Ms. Kraninger. I absolutely rely upon them. Mr. Meeks. And have you heard about any dissatisfaction? Because I understand that at least 10 percent of them have left. Ms. Kraninger. I can tell you that certainly there are people-- Mr. Meeks. Low morale. Ms. Kraninger. --who reported--I'm sorry, the? Mr. Meeks. They have low morale since Mr. Mulvaney has been there, and now you. Ms. Kraninger. Yes, certainly it is natural for people to depart from an agency. I can give you an example. I actually knew a number of the chiefs who departed recently and knew their reputation, they knew me-- Mr. Meeks. But I am just trying to-- Ms. Kraninger. They were moving on for again their own time. They would have been there for 5 or 6 years-- Mr. Meeks. I am just trying to find out, because when I look at your background, for example, prior to this job, you never had an interest in consumer protection. You have not done anything in that regard, correct? Ms. Kraninger. I am a consumer and I would definitely stipulate I have-- Mr. Meeks. No, no. You have never had as a motivation as far as your career is concerned, or any of your ambition or anything that you have done previously has not related to consumer protection. Ms. Kraninger. Certainly, I have had an extensive public service career and one that I take seriously. And I welcome the opportunity to do this job. Mr. Meeks. I think the answer to that is no, just looking at your resume. And it is a fine resume. But this is a serious agency, correct? And, you agree with that, that the agency's focus should be on consumer protection and you have hired or there had been hired a number of individuals who interviewed and went through an interview process. And they were evaluated based upon their expertise in consumer protection and how they could fulfill their roles. Is that not correct? Ms. Kraninger. I would hope that everyone who was interviewed-- Mr. Meeks. I would hope so also. Ms. Kraninger. --was actually looked at from the lens of their interest in the mission. Mr. Meeks. Good. Ms. Kraninger. And carrying out their responsibilities-- Mr. Meeks. So, correct. So, when you also see that--because it has been reported that there are a number of individuals--I look at Mr. Brian Johnson. I guess he is your number two, correct? Ms. Kraninger. He is the acting Deputy Director, yes. Mr. Meeks. Right. And when I looked at his resume, I also see that there is nothing in there that he has ever done that has resulted from a desire and an opportunity to help and be involved in consumer issues. Now the reason I asked that question is because if you look at any of our other regulatory agencies, you would always find at the top of those agencies, someone who has done something and has worked in those areas for an extensive period of time. Because I would imagine that a President of the United States, in putting whomever they put in, they would put someone in who has experience in that area. Now, if you don't want a--or don't consider an agency to be significant and important because the mission of this agency is consumers, then you put in someone who may not have that experience. Generally, you would work your way up. From the way I look at it, though, I don't see anyone now, I saw before those who had some experience, were in the top of the chain at 10 percent. Most of those who left weren't those guys on the bottom, they were those on the top who came there because their mission in life was to make a better way. And now they felt that under the current leadership, they cannot perform their jobs to do what they were there to do. And as a result, they left. I am out of time, unfortunately. Ms. Kraninger. If I could, Madam Chairwoman, I would just note that I am sure you would stipulate that congressional staff absolutely care and have experience in the issues, and frankly, make great hires in the Executive Branch and across the government and in industry as well. Chairwoman Waters. The gentleman's time has expired. The gentleman from Missouri, Mr. Luetkemeyer, is now recognized for 5 minutes. Mr. Luetkemeyer. Thank you, Madam Chairwoman. Welcome, Director Kraninger. The last time Mr. Mulvaney reported for this committee, he outlined four ways to make the CFPB more transparent and accountable. Those four proposals included requiring the CFPB to be funded through the congressional appropriations; requiring major CFPB regulations to be reviewed by Congress; compelling a CFPB Director to answer to the President; and creating a dedicated Inspector General for the Bureau. I guess my first question will be, do you agree that these principles would improve transparency and accountability for the CFPB? Ms. Kraninger. Congressman, I will say that is a matter for Congress to determine. I can tell you I am committed with the authority that I have to transparency and accountability. Mr. Luetkemeyer. Do you believe that Congress should enact these principles, then? Ms. Kraninger. I believe that is up to Congress. I recognize where you are coming from, and certainly I welcome additional accountability and transparency. Mr. Luetkemeyer. Very good. Yes, I think this is a concern that we all have. And I think going down the road of questioning your abilities for the job, this is a job for the Senate to confirm you. And I think we need to continue to require of you that you do what the law says, which is I think what Mr. Mulvaney tried to do: to get the CFPB back in this pew so to speak to be able to adhere to the law and the principles of the law. So, we thank you for that. In terms of the recent actions taken by the CFPB on payday lending, the proposed rulemaking discusses how aspects of the original final payday rule had insufficient evidence and legal support. What about this evidence of legal support was insufficient in your view? Ms. Kraninger. I'm sorry, I missed the premise--are we talking about the short-term small dollar lending rule, sir? Or is there something else? Mr. Luetkemeyer. Yes, in the rulemaking, discuss how aspects of the final payday rule had insufficient evidence and legal support to be able to come to a decision, apparently. And so, what about this evidence of legal support is insufficient, in your mind? Ms. Kraninger. The basis of the rulemaking was certainly the determination that it was inherently unfair and abusive to engage in short-term small dollar lending without stipulating the mandatory underwriting requirements that were laid out in the rule itself. That is the subject of an ongoing litigation, and the courts in fact have stayed our ability to move forward with the rule. Last year, the Bureau told the courts that there would be reconsiderations. I look forward to the full evidence. But that is largely what this is about. It is that the basis of the rulemaking itself and the opportunity to gather the evidence on that issue. Mr. Luetkemeyer. So what you are saying is that the previous Administration's Director basically didn't do his due diligence on this and didn't support his decisions with the kind of evidence and fact-based stuff that would be important to be able to put something like this together? Is that what you basically just said? Ms. Kraninger. Congressman, I certainly would not say it that way. Mr. Luetkemeyer. You wouldn't say it that way, well doggone. Ms. Kraninger. I have a responsibility to protect the record of the agency and we are reconsidering it. But--yes. Mr. Luetkemeyer. Okay, let me ask the question this way: Do you suspect other actions by the Cordray regime were conducted with insufficient evidence and legal support? Ms. Kraninger. As I noted in my opening statement, I have spoken to Director Cordray, and I do appreciate the challenges of standing up an organization, and I know that the staff of the Bureau have certainly done their best with not a lot of time on a lot of different tasks that they undertook in the early days of the agency. Mr. Luetkemeyer. Just a final comment here before I yield back. In the fall of 2018, in some annual report submitted to Congress, the CFPB listed the current enforcement actions of the Bureau. I went though and counted those actions, and there are roughly 35 current enforcement actions ongoing by the CFPB. I know you cannot discuss ongoing cases. However, many of the cases currently pending for the CFPB are from the Cordray regime. For these cases, the CFPB, in my judgment, should look directly at the consumer harm. If consumer harm is present, CFPB needs to pursue these bad actors. However, if there is no consumer harm, I would hope that you would dismiss the case as quickly as possible. The CFPB needs to protect consumers and be good stewards for the tax dollars and not tie up businesses with unnecessary litigation for years to come. Would you like to comment? Ms. Kraninger. I certainly am reviewing all of the ongoing matters. I take advice and input from all sides, and certainly from my own staff, so we are certainly looking at the issues here and making the best use of our resources to protect consumers as a focus. Mr. Luetkemeyer. Thank you. I yield back. Chairwoman Waters. Thank you. The gentleman from Missouri, Mr. Clay, Chair of our Housing, Community Development, and Insurance Subcommittee, will be recognized for 5 minutes. Mr. Clay. Thank you, Madam Chairwoman. Director Kraninger, in a report published in November of 2018, the Senate Banking Committee's minority staff noted that the enforcement role of the Bureau is intended to be mandatory, not discretionary. In all fairness, this was written in response to Mr. Mulvaney's actions which stripped the agency of its enforcement and supervisory powers. And why is that important? Because the Bureau had adjudicated over $400 million in remediation for consumers who were harmed under fair lending statutes and policy. But post-Mulvaney, zero dollars--not one penny has been reclaimed for consumers. Have you read this report? Ms. Kraninger. Yes, Congressman, I have read the report. Mr. Clay. And what are the staffing plans for fair lending? How many attorneys and examiners would devote all or a portion of their time to make sure our markets don't discriminate? Ms. Kraninger. I appreciate the question, Congressman, because fair lending continues to be a substantial priority. I can tell you I am absolutely looking now at the resources that are allocated across the Bureau, and particularly within supervision enforcement and fair lending where that supervision and enforcement work continues on fair lending, as well as in the office of fair lending which has moved into the Director's office. It is looking at coordinating the fair lending activities and issues across the Bureau and working with partner agencies on that issue. Mr. Clay. Okay, give me a number--how many attorneys and examiners? Ms. Kraninger. I don't have the specific number of that-- now, I can tell you that many of the examiners and enforcement attorneys who worked on fair lending before continue to do that, and I have talked with some of them about some of the cases they are working on. Mr. Clay. Wait a minute, now, does your staff sitting behind you have a number? Ms. Kraninger. I can tell you it is certainly--it is similar to what was the case before the reorganization, but I may have to get back to you on very specific-- Mr. Clay. Okay, give us a hard number, please. Ms. Kraninger. Yes. Mr. Clay. Are you familiar with a coalition called Americans for Financial Reform? Ms. Kraninger. Yes, I am. Mr. Clay. Okay, Linda Jun, who will provide testimony this morning, notes in her statement that after 2 months on the job, you haven't gotten the memo. She notes that you have already presided over the proposed repeal of the heart of the CFPB's rule against payday and car title lending abuses, and lax enforcement actions that are missing the mark when it comes to trying to curb abuses that harm consumers. And harm consumers in my district in St. Louis, Missouri, and across this nation--and I ask you in all sincerity, are you prepared to reverse the course of your predecessor, Mick Mulvaney, and return the CFPB to its mandate of consumer protection? Ms. Kraninger. I pledge to you, Congressman, that protection of consumers and the mission of this agency is at the heart of every decision that I will make, and certainly has been at the heart of every decision I have made so far. Mr. Clay. Okay. Consumers are supposed to get relief when they are harmed, so can you explain how they are entitled to relief in your last few orders like payday lending? What kind of relief is there for consumers? Ms. Kraninger. So there were civil monetary penalties that were imposed in several of the cases that I had the honor of signing in terms of the consent orders that have finalized under my term. It is a years-long investigation in many cases, as you know, to get to this stage of the game. The one thing I would say is that restitution and harm to consumers, and the remedies there are certainly something that we consider as we are seeking to get justice in these cases. There are a lot of factors that go into the decision to, for example, bring suit and litigate, or settle a case. In addition, the settlements consider that remedies, injunctive relief and-- Mr. Clay. Okay-- Chairwoman Waters. The gentleman's-- Mr. Clay. My time is up--but restitution is important for consumers. Chairwoman Waters. The gentleman's time has expired. The gentleman from Oklahoma, Mr. Lucas, is recognized for 5 minutes. Mr. Lucas. Thank you, Madam Chairwoman. Director Kraninger, many members of this committee have some concerns about the recent small-dollar rule from the Bureau. And I also have concerns, specifically, that the rule allows three pings on an account for an automatic payment. In my opinion, this feels like an arbitrary number that has no real consequences. For longer loans and loans offered by online lenders, an automatic payment is often the only way payment happens over the life of the loan. If the number stays at three, I worry that lenders who rely at all on automatic payments might be forced to use the third ping as a balloon payment, or send the loan to the collection agencies. In my opinion, that puts lenders in a tough spot--we are trying to eliminate balloon payments, and also find ways to preserve credit scores of consumers. The payments section of the proposed rule, I think endangers both of those objectives. Director, can you walk us through any steps you think should be taken to ensure that the payments options don't damage credit reports? Ms. Kraninger. I appreciate the question. I have certainly heard from a number of entities on the payments portion of the rule. Our focus on the reconsideration of the underwriting requirements was, again, related to the legal and factual basis. That was a little different when it came to the payments provisions. In the reconsideration we said that certainly entities can submit comments on the payments portion, but we are not looking at that at this time through that method. But we have also gotten a petition for reconsideration of the payments provisions and that is something that under the Administrative Procedure Act, we have to consider. So the short answer is that we are considering the issue there and looking at it. Mr. Lucas. I will give you a short question, would you support reopening the payment portion to implement those steps? Ms. Kraninger. I don't want to pre-judge the outcome of that process, Congressman. Mr. Lucas. Thank you. Lastly, Director, I want to commend your agency for being willing to consult with lending entities of all sizes and shapes. I represent a few in Oklahoma that really appreciate the Bureau's willingness to discuss various issues, and I thank you for that. And in the efficient use of my time, I yield back, Madam Chairwoman. Chairwoman Waters. Thank you very much. The gentleman from Georgia, Mr. Scott, is recognized for 5 minutes. Mr. Scott. Thank you very much, Madam Chairwoman. Director, it is very important for you to understand why this hearing is so important. It is important for this reason. First of all, Director Mulvaney did some very, very terrible things in his position as Director that really affected what is the sole purpose of the CFPB: consumer protections. First, he stopped monetary payments from the Civil Penalty Fund to consumers who were harmed. Second, he stopped efforts to combat discrimination for consumers and he failed to promote fair lending. And this one gets me most of all. Under Director Mulvaney, he abandoned supervision of regulated entities for compliance with the Military Lending Act, which gives critical protections for our precious military servicemembers and their families. That is why we are here, to erase those things. And so that is why I am a proud co-sponsor with Chairwoman Maxine Waters of the Consumers First Act. And here's what we want to do, we want to reverse these things. And they are there to protect consumers. We also want to re-establish a definite and dedicated Student Loan Office. So many of these problems emanate from our student loans, and we have to correct that. And it will re- establish transparency at the CFPB. Now, will you support our bill? Ms. Kraninger. Congressman, I understand that-- Mr. Scott. No, no, no, I don't have much time. I have to know your answer. Yes or no, please? Ms. Kraninger. Congressman, I-- Mr. Scott. You are a very pleasant person, I enjoyed meeting you, but please, will you support the--I don't see how in the world you can't. That is your job. To lessen the protections for our military? To do away and to stop monetary payments for consumers who are harmed? Won't you support us? Ms. Kraninger. Congressman, I very much support your oversight actions. And what Congress finds-- Mr. Scott. Well, all right. Let me say this then--I understand, because I have another important one coming--I want to talk with you. I want to help you be a great Director here. But in order to do that you have to help us fix the damage that your predecessor did. I have another question, the FDIC said in 2017, that 25.2 percent of all American families are unbanked or underbanked. So I have introduced a bill that would put your agency at the leadership in helping the unbanked and underbanked establish stable relationships with depository banks. Could you support that bill? Ms. Kraninger. I absolutely share your interest in the issue-- Mr. Scott. No, no, but-- Ms. Kraninger. --and have taken actions on it. Mr. Scott. Listen, we have a serious problem here. And I hope you will leave this hearing with the knowledge that we have to correct this mess--and it is a mess. I like Mr. Mulvaney, we served together. He is a friend. He served on this committee. But you know it was the wrong situation for him when the President turns right around and puts him in another position at the same time: he is Director of the CFPB, and he is the Budget Director. That lets you know right there that consumer financial protection was on a backburner at this Administration. Chairwoman Waters. The gentleman's time has expired. Mr. Scott. Thank you. Chairwoman Waters. The gentleman from Kentucky, Mr. Barr, is recognized for 5 minutes. Mr. Barr. Thank you, Madam Chairwoman. And Director Kraninger, welcome to the committee. Congratulations on your appointment to the CFPB. I want to follow up on my friend, Mr. Scott's, line of questioning related to the Military Lending Act. And I ask this question to you, not only as a member of this committee, but also as a member of the House Veterans Affairs Committee. And we are all very interested in making sure that our military families, not only are protected, but also have access to credit given the financial strains that many of these families are facing on an annual basis. Director, my staff shared with you a draft of my latest legislation that would grant Military Lending Act supervision authority to the CFPB. And I would like to quickly discuss the need for this legislation. My friend from Georgia's questions seemed to insinuate that Director Mulvaney pulled back the Bureau's supervisory authority. But just for the record, clear this up for us. Do you believe that the current law, that the current statute actually gives the CFPB authority to supervise lenders for MLA compliance? Ms. Kraninger. I do not. Mr. Barr. And so the issue is not that your predecessor withdrew the CFPB from supervisory activities; it is that the law does not grant the CFPB that authority, is that your interpretation? Ms. Kraninger. That is correct. Mr. Barr. And would you, Director Kraninger, like a bill like mine to fix that and actually grant specifically in statute authority to you to supervise for MLA compliance? Ms. Kraninger. Yes, I would, and I have submitted draft legislation to the Members here. Mr. Barr. Thank you. And I think that helps, maybe, clear this up. Now, I do want to address Chairwoman Waters' draft bill. In her draft text released before this hearing, and I think we all have a copy of it, there is a provision that would direct the Bureau ``to reverse all anti-consumer actions taken during Mr. Mulvaney's tenure.'' And this presumably would include the MLA supervision issue. Would that provision, and would that language in her bill, prevent the Director who follows your tenure from acting under the same interpretation that you just provided to the committee? Ms. Kraninger. I don't have that particular language in front of me, so I don't want to offer a legal opinion as I am sitting here, but I do want explicit authority from Congress to carry on this kind of supervisory work. Mr. Barr. Yes. And so, let me ask the question a different way. Wouldn't it be better that we would--if we wanted to do this, if we wanted to confer a CFPB supervisory authority for MLA, wouldn't it better to clear this up with an explicit statement giving the Bureau supervisory authority as opposed to the language that I just read to you? Ms. Kraninger. Yes, getting explicit authority is what I am seeking. Mr. Barr. Okay. Thank you for that. Let me ask you about unfair, deceptive or abusive acts and practices (UDAP) really quickly, in the remaining time that I have. Section 1031 of Dodd-Frank gave the Bureau what is called UDAP authority. However, when I talk to lenders back in Kentucky, they tell me that there is no clear definition or guidance regarding what exactly constitutes an ``abusive act or practice under UDAP.'' Further, these institutions state that they are in full compliance with the regulations of their primary regulator, but because of the lack of clarity from the Bureau about UDAP violations, and what constitutes an abusive act or practice, they sometimes fall short of these unknown standards. The result of this regulatory uncertainty is less financial innovation, less consumer choice, less competition, and, ultimately, less access to credit for Americans. Can you provide more clarity about what constitutes a UDAP violation, and what do you plan to do to provide that clarity? Ms. Kraninger. So with respect to the definition of ``abusive,'' there certainly is one in the statute, and the Bureau has taken actions in its history that rely on that definition. The one thing that I would note also though is that the regulatory agenda for the agency includes consideration of pre-rulemaking activity to have a discussion around that definition. In particular, the statute contemplates--it involves an unreasonable advantage taken of a consumer. If there is an unreasonable advantage, then there must be reasonable advantage. And certainly, the definition of that reasonable advantage is one that deserves some exploration and conversation in a transparent way. Mr. Barr. Thank you. I encourage you to pursue that and provide additional guidance and clarity for the regulated parties. Chairwoman Waters. The gentleman's time has expired. Mr. Barr. Thank you. I yield back. Chairwoman Waters. The gentleman from Texas, Mr. Green, the Chair of our Subcommittee on Oversight and Investigations, is recognized for 5 minutes. Mr. Green. Thank you, Madam Chairwoman. I thank the witness for appearing as well. Madam Director, you are a Georgetown lawyer. Is that correct? Ms. Kraninger. That is correct, sir. Mr. Green. And as a Georgetown lawyer, you understand that the public has a right to know certain things, true? Ms. Kraninger. Absolutely. I believe in accountability and transparency. Mr. Green. And as a believer in accountability and transparency, you understand that persons who commit felonies are exposed to the public before they are convicted, and some who are never convicted have their names published. Some of the President's friends have been charged, and we know who they are and we know what at least one is charged with. That is the public's right to know. Do you think the public doesn't have the right to know this kind of information? Ms. Kraninger. Certainly, when a case is filed and the-- Mr. Green. I take it your answer is ``yes.'' Thank you so much. And I would also add that the public has a right to know because they can make decisions based upon what they know. The Consumer Complaint Database has served us well, 1.5 million consumers have many complaints, and 97 percent of these consumers receive timely responses. They have a right to know; they file their complaints. There is a belief that you do not support the public's right to know, that the public should be placed in a position such that regulators can find out about these complaints but that the public can't. That is what people think. My guess is that if you were given the opportunity to say that you would have the complaint database that exposed Wells Fargo that you would have this complaint database continue to remain public because the public has a right to know. Do you think the public has a right to know and see the complaints that are not felonies, that are not criminal charges, but to see these complaints? Ms. Kraninger. Congressman, you are asking a very reasonable question. Mr. Green. I understand that it is reasonable. If I may, I don't mean to be rude, crude, and unrefined, but this is a question wherein I will tell you the answer. The answer is yes, I think the public has a right to know. Now if you hesitate or equivocate--if you don't do this without hesitation, reservation or consternation, then I have to conclude that you don't think the public has a right to know. Again, I ask, does the public have a right to know? Ms. Kraninger. Congressman, the statute establishes a process for submission of complaints-- Mr. Green. I do understand. But will you allow that process, that statute, to continue to expose the names of the complaints that have been filed, as has been the case for over 1.5 million complaints? No consumers are complaining about this. The public believes that it has a right to know. Now I will give you final response, and when you finish, then I will give my commentary. Again, will you keep the database in place because you understand that even if felons, they have their names published and they are found not guilty, not felons, people just simply charged, found not guilty, or cases are dismissed--you are a Georgetown lawyer, you know many cases are dismissed, but their names have been exposed to the public. Does the public have a right to know about these complaints at the Consumer Financial Protection Bureau by and through its complaint database? Ms. Kraninger. We have a responsibility to take in complaints, and absolutely-- Mr. Green. I understand. Look, I know a ``no'' when I hear it. I know when a person says, ``no.'' Madam Director, you are not the person for this job. You don't believe in the public's right to know. I yield back. Chairwoman Waters. The gentleman's time has expired. Mr. Williams, the gentleman from Texas, is recognized for 5 minutes. Mr. Williams. Thank you, Madam Chairwoman. And first of all, a lot of people are beating up on Mr. Mulvaney. I thought he did a great job. Ms. Kraninger, I think you are doing a great job and you are certainly qualified. And thanks for speaking to us, Director. I start off asking all witnesses before this committee a simple question. Are you a capitalist or are you a socialist? Ms. Kraninger. I am a capitalist. Mr. Williams. Thank you for that. I am, too. I am a Main Street businessman, have been for 50 years, and I am a car dealer. And I am probably the only person in this room who was affected by Operation Chokepoint, where the bankers decided that they would not want my business anymore because government--that the government was playing such a heavy hand on with--with CFPB. And for those who think Obamacare was a mess, I can tell you the CFPB was a mess to Main Street America; it cost a lot of jobs. And we have been talking about consumer protection and maybe since you are a consumer, you are qualified for this job. And I can tell you the best people to take care of the consumer is Main Street America because if we don't take care of consumers, we don't have consumers. And so this is a lot of bureaucracy we do not need. During the Obama years, under the direction of Director Cordray, it seemed as if the sentiment of the CFPB was that business is bad, and if you are being profitable, it must be because you are taking advantage of the consumer rather than giving service to the consumer. This simply isn't true and everybody knows that. And profits are a good thing, not a bad thing. So I asked Federal Reserve Chairman Powell the other day a question, and I would love to get your opinion as well. The question is this: Do you believe that the probability of an industry is justification for increasing regulations? Ms. Kraninger. No, I do not. Mr. Williams. Thank you. And I said earlier, I am a small business owner: 50 years. I know how uncertainty affects business decisions. This is especially true for smaller financial institutions that operate along tighter profit margins. I received information from a community mortgage lender whose compliance costs for every single loan increased by 35 percent because of the uncertainty surrounding CFPB supervision authority. They had to hire more compliance officers than they did loan officers. And it was a lot easier to just not make the loan than to mess with this bureaucracy. So when these small institutions have to spend more money on compliance, it reduces, as I said, the amount of money that is loaned in the communities they serve and affects the consumer and affects the economy. So my question is, what steps has the CFPB taken to try to better tailor regulations and supervision for smaller institutions? Ms. Kraninger. I truly appreciate that question, Congressman, because that is what I have been asking as well. Certainly, reduction of the burden is something that we have as a statutory responsibility on institutions as well as authorities to look at tailoring appropriately based on considerations, again, in a lot of the different statutes that we enforce and regulate under. One issue about which I have heard extensively from smaller entities, and one thing that I am looking at--and we are in the middle of the discussions again about it is how to most effectively carry out our examination process, certainly looking at, to your point, how much time we spend with different institutions, how much we require of them when they are setting up their compliance management system. So many of them feel helped by the examination process, so we have had those conversations. I think, too, on the regulatory front, as I noted to one of your colleagues, there were 1,750 comments that came back on reduction of regulatory burden. And we are working through those. Many of them were comments about how best to tailor. So I am certainly looking at that issue. Mr. Williams. Thank you. Leadership from the top down is important in any business or government agency. From its conception, the CFPB has commonly been referred to as Elizabeth Warren's brainchild. Now I don't think that is a very good label to have. If you want to be taken seriously, you don't need that. And as a nonpartisan financial regulator, you don't want to be an organization that is being described as a brainchild, so how have you been changing the culture of the CFPB into an agency that protects consumers without removing choice from the marketplace? Ms. Kraninger. Congressman, I think that is an important point as well. Certainly at this stage, I am 86 days in, and that includes weekends, holidays, and snow days that we have had, so it is a conversation that we are having. I believe the staff is dedicated and committed and frankly excited to have stable, consistent leadership and I am setting that tone with respect to making sure that we are looking at maintaining choice in the marketplace and understanding what impact we have on consumers' access to credit when we are looking to take action. Mr. Williams. Thank you very much. I yield back. Chairwoman Waters. The gentleman from Illinois, Mr. Foster, is recognized for 5 minutes. Mr. Foster. Thank you. Director Kraninger, thank you for being here today. I would like to talk about an issue of tremendous importance to the people in my district and to 44 million Americans across the country, the enormous economic and consumer protection challenges posed by student debt. Today, you have heard a lot of enthusiasm for fact-based policies here and there is a considerable concern across the ideological spectrum about the significant lack of data for what is now the second largest consumer debt market in the country. Collecting data to better understand consumer markets and so being able to anticipate the next crisis before it happens was a critical design goal when we created the Bureau less than a decade ago, one that I hope the Bureau still considers a top priority. And with that backdrop in mind, I was heartened to see the Bureau under Director Cordray take steps to begin systematically collecting data on the student loan market. In February 2017, the Bureau, using its specific authorization under Section 1022(c)(4) of Dodd-Frank published a proposal to require that the largest private companies in the student loan industry, including some of the biggest banks and the government's biggest contractors, provide data directly to the Bureau about the performance of more than $1 trillion in outstanding student debt and about the borrowers' experiences in repaying that debt. This included information, for example, about the total size of the loan market, the percentage of the loan modifications that are entered into, delinquency rates, forbearance of the deferment rates, default and discharge information. You know, basic stuff, but all of which would be crucial in understanding the student loan market at a macro level and potentially preventing version 2.0 with the mortgage lending crisis. And after taking public comment on this proposal, the Bureau then submitted it to the OMB in September 2017, 8 weeks prior to Director Cordray's departure. The OMB would then normally evaluate comments from the public and authorize the Bureau to finalize this market monitoring initiative, collecting data and greatly improving the transparency of the student loan market. But in this case, no OMB approval was issued, and your agency has done nothing. Notably, Mick Mulvaney was operating both as acting Director of the CFPB and the Director of OMB during much of this time. It now appears that this critical data collection initiative has been in a state of limbo for nearly a year and a half, during which time more than 1.5 million Americans defaulted on their student loans. What I am trying to understand is why this important initiative, one that simply seeks to gather data and shed greater transparency on the student loan market, has been ignored for so long. You know, I am a scientist, and I see this as really a troubling pattern from this Administration of suppressing even the collection of data, when they are afraid that the facts may not support their opinions, a pattern that we see everywhere from climate change to the default rates for for-profit colleges. So Director Kraninger, first question, did Betsy DeVos or any other political appointees at the U.S. Department of Education provide feedback or encourage the Bureau to abandon or delay this proposal? Ms. Kraninger. Congressman, I am sorry to say that I am unfamiliar with the proposal you are referring to. I have actually just asked the staff too, and we are trying to find out what it is. I have not had anyone mention this to me before. I understand why you would be interested in it. I certainly understand the extent of the marketplace and the growing student debt issues. It is something that I am paying attention to. I can tell you some things that I am doing in this space, but I will have to get back to you on this particular study. Mr. Foster. Okay, yes, I would like to know specifically any feedback you received from any political personnel after the Department of Education, whether the Office of Management and Budget has ever communicated any specific concerns about this, or did they just sit on that? And does the Bureau plan to retract it, or continue? And I encourage you to perhaps contact Mr. Frotman, a member of the second panel, who is familiar with some of the details in this. So let's see, I have 44 seconds--just quickly to another issue, it has been noted that several recent CFPB enforcement settlements didn't require compensation for victims for any of the harm they suffered from the firm's conduct, and so who personally takes that decision as to whether or not a firm should have to pay restitution to victims? Ms. Kraninger. That is a complicated issue. Certainly in the course of the investigation, the enforcement attorneys are looking at trying to quantify consumer harm and look at how they can identify-- Mr. Foster. But who makes the decision, do you make the decision, or-- Ms. Kraninger. Ultimately, I make the decision based on the recommendations of the staff who worked the issue and reviewed it along the way to get to me. Mr. Foster. Thank you. I yield back. Chairwoman Waters. The gentleman's time is up. The gentleman from Colorado, Mr. Tipton, is recognized for 5 minutes. Mr. Tipton. Thank you, Madam Chairwoman. Director, thank you for being here, I appreciate the effort that you have made in the 86 days--I think it was commented--that you have been in office. I come from a rural district, and one of the most important things is to be able to grow jobs and to be able to create opportunities, and one of the big issues that we face continues to be--and we have had the concern in this committee as well, is going to be on access to capital. I do coach here the Small Business Caucus, here on the House side. We have had a variety of different meetings and I thought there were some interesting statistics that came out. The U.S. Chamber of Commerce just reported in the fall of last year that lending to small businesses--which are the businesses that make up my district--is down 13 percent since 2008. Now on top of that, a recent report which came from the Senate found that women account for just 16 percent of the conventional small business loans and received only 4 percent of all commercial loan dollars. So Director, is this an issue that has come to your attention during your limited tenure at the CFPB? And do you think that this is part of an issue that could possibly be addressed in terms of some of the regulatory burden that you mentioned? Ms. Kraninger. Yes, in terms of small business lending we have--when it comes to the Equal Credit Opportunity Act, and we have some authority there to look at discrimination in small business lending which we have done at our supervisory and enforcement work. And we also have responsibility under Section 1071 to enter into a rulemaking to try to assess what is happening in this small business lending space. Mr. Tipton. Great. I appreciate that, and would encourage you to go ahead and formalize that rule to be able to get that data--7 out of 10 jobs in the country are created by small businesses. A lot of them are out in the rural areas, and I think that is going to be important for us to be able to keep the economy moving. You have had a few comments that you have been making here that I would like you to maybe follow up and expand on a little bit. Your predecessors had opposing views when it came to the use of enforcement actions and determining policy. Could you expand on that, maybe just a little bit more, would you share those thoughts on regulations versus enforcement? Ms. Kraninger. I am certainly committed to having clarity in the rules that entities that are seeking to comply can rely upon, and I do think that the regulatory tool that Congress gave the Bureau is an important one in terms of setting out what those rules are. Certainly, the supervisory and exam process that we have is also, again, geared to that. I am looking at all of the tools that the Bureau has in trying to assess how best to utilize them and apply them in terms of a rubric perhaps of prevention of harm, and thinking about how that can really assist in thinking about the way that we carry out our mission. When it comes to enforcement specifically, it is absolutely still a critical tool that we use because we know there are entities that have no intention of trying to comply. They are not going to be the ones that are going to self- report what they have found or mistakes that have been made. They are not going to be in a productive relationship with their regulator, they are going to be thwarting and they are going to be engaged in unfair practices vis-a-vis consumers, and that is where the enforcement tool really is most effective and where we need to focus it. Mr. Tipton. So would we be in agreement that you don't enforce first, then regulate? You stay within the boundaries of congressional intent and the law? And would you make any recommendations on--is there something that Congress should actually be doing to help give you clarity on those boundaries? Because this is an unbridled agency that it seems when we looked at Director Cordray and the enforcements that he was putting into place that extended, in the opinion of many, far beyond some authorities--is there something that we should be doing legislatively to be able to put those guardrails in place to give you greater clarity? Ms. Kraninger. The law is certainly my guidepost in the activities that I will undertake, and the approach I am taking to the position of Director. I do leave to Congress consideration of what other things should be enacted, and I encourage, as I mentioned earlier, continued transparency and accountability of the agency. Mr. Tipton. And with just a few seconds left, you didn't really get a chance to answer on the fair lending, in regards to in the investigative process. I assume you don't individually do that, but do you want to lay out quickly what that process is for fair lending? Ms. Kraninger. Yes, it is similar to all the other enforcement actions. The enforcement attorneys are the ones who open investigations and they certainly carry that through research stages, and others it takes many, many months and years to build the case for those who are litigators they know that. Certainly, it becomes public at the time of actually filing the case, or having a consent order in place. Chairwoman Waters. The gentleman's time has expired-- Mr. Tipton. I yield back. Chairwoman Waters. The gentleman from Missouri, Mr. Cleaver, the Chair of our Subcommittee on National Security, International Development and Monetary Policy, is recognized for 5 minutes. Mr. Cleaver. Thank you, Madam Chairwoman. I will announce my pedigree, as I guess we are going to start doing that. I am a Methodist, not a capitalist or a socialist, just a Methodist. What I would like to do is to focus in on--well, first of all, I was here when we did Dodd-Frank and I didn't miss any meetings. I never remember having a meeting about how we could politicize it. It didn't happen; in fact, it was the contrary. We were trying to figure out a way to avoid the politicization of it by having a Director who would go over one term, so that it would be possible for a Director to serve, actually, under two different Presidents. And there was no funding to be received from Congress, there was no decision to be ratified by the President or Congress, and the budget wasn't going through the congressional budget process. Do you agree with those decisions that we made as it relates to the CFPB? Ms. Kraninger. Congressman, I take the law as it has been presented to me in the responsibilities that I have as Director. I did note that I am going to take advantage of the flexibility I have in terms of administering the agency when it comes to the resources, certainly, as an example. Mr. Cleaver. Because what I just laid out about the independence is actually the same independence for the Federal Reserve. And actually the Federal Reserve, as you very well know, provides the funding. And their structure is very similar to the--to the Federal Reserve. Do you support the Federal Reserve as an independent agency as well? Ms. Kraninger. I will leave to Congress these issues in terms of how these entities are established, but I certainly work closely with them. Mr. Cleaver. Do you believe that the CFPB should be independent? Ms. Kraninger. I am carrying out my duties as Director, consistent with the independent agency status. Mr. Cleaver. I am with you on that, except that the problem was we tried to make sure that was one political appointee, the President appointed Mr. Cordray, one. And I am just wondering what the number of political appointees is today? Ms. Kraninger. The number of political appointees, I would say, specifically it is a Schedule C appointment. The Dodd- Frank Act did give us the ability to hire under all of the Title V authorities, including Schedule C. Mr. Cleaver. Yes, I am not mad. Ms. Kraninger. There are 13 Schedule Cs at the Bureau today. Mr. Cleaver. Yes, that is what I was getting at. Ms. Kraninger. Yes. Mr. Cleaver. I am not upset. I am not growling or anything. I want you to look at the difference. We were saying, let's depoliticize it. I think you would agree that the politicization is a little higher, based on your answer a few minutes ago. Ms. Kraninger. Well, if you are stipulating because there are Schedule Cs, I would note that there were more than 500 people hired at the Bureau appropriately, by the way, under a waiver authority from Congress who were noncompetitively hired. And that was over the first 4 years of the Bureau's establishment: 423 of them are still at the Bureau today. Mr. Cleaver. Yes, I am not saying anything was done wrong, and some of the people--I know at least one of the people, and I know that person is eminently qualified. But I just--there is this push that suggests that somehow there was a plan that politicized this agency, and there wasn't. And one of the problems that we are having right now is that the MLA, and I--because my time is running out--all these are military agencies, all of them, who are opposed to what just took place with MLA--all, it is not just something a Democrat is pushing. These military agencies are concerned about what is going on, all of them. I will give you this. You probably already know all of them because I think they have communicated with your office. Does this give you pause to want to make corrections? Ms. Kraninger. I am committed to protecting servicemembers. I have worked much of my career with servicemembers. Mr. Cleaver. I know, Madam Director. I am not mad at you. You look like a nice person and you probably, you know, cheer for the Chiefs and stuff. But all I am just trying to get you to say is, don't you agree that something needs to be done? Ms. Kraninger. I do, and I have asked Congress to grant the Bureau the authority to supervise for the Military Lending Act specifically. Mr. Cleaver. All right, thank you. Chairwoman Waters. The gentleman's time has expired. The gentleman from Arkansas, Mr. Hill, is recognized for 5 minutes. Mr. Hill. I thank the Chair. I appreciate that. And Director, thank you for appearing before the committee. During my first two terms in Congress, I spent a lot of time with Director Cordray working through all the problems with the TRID rule, which is the merger of Truth in Lending with Real Estate Settlements, which is very costly to the industry, and confusing to consumers. So I tried to get them to make improvements along the way. And he was very cooperative and recognized that his guidance wasn't informative, his guidance wasn't binding and that, occasionally, the rule was very confusing. One of those things was the consumer disclosure for combined rate on title insurance. And I had a bill last Congress to straighten that out, to make sure consumers really knew what they were paying. Because the current disclosure required by the lawyers--the Georgetown lawyers, I am sure--at the Bureau make it appear that it is more expensive than it actually is for a consumer. Would you support changing that disclosure rule? Ms. Kraninger. I can tell you, Congressman, that I am aware of the issue. I have heard it from you and I know that you have a bill on the issue. We are looking at this very carefully, so I don't want to prejudge the outcome of what we can and cannot do, and how fast, but I am absolutely aware of the issue. Mr. Hill. Well, I would ask you to study that. And I will be reintroducing that legislation and I would like to--I think you have the authority to change it at the Bureau and not go through the legislative process. So thank you for that. I was looking at your consumer complaints, only 0.8, so less than 1 percent, 0.8 percent of consumer complaints relate to payday lending. So I guess that is good. That must mean that, generally, regulation of payday lending across the country is decently successful, looking at your consumer database. But I wondered when I was looking at your rule--following up on Congressman Lucas' question--NACHA, the clearinghouse, has a common set of ways of looking at this issue of how many times you can try to debit in an account in a payday rule. Did you look at the NACHA standard and consider just using that, since that is already out in the marketplace? Ms. Kraninger. Congressman, you raise an interesting point. It is actually a question that I had as well in terms of looking at this issue. It is something that I want to explore further. I can tell you, with respect to the reconsideration of the rule, the basis of that really is the sufficiency of the legal and factual basis for that unfairness and abusive determination. That is really where the reconsideration is focused. Mr. Hill. Thank you, because you know if you do try to debit the debit card, that doesn't go against the NSF. And so, I thought that was a good point. I would urge you to take a look at that in your rule. As you know, the committee is very interested in financial technology (Fintech) and the CFPB has been a leader on that under Director Cordray and under Director Mulvaney and now you to urge innovation to reduce compliance costs and get consumer products out to our consumers, particularly the underserved community. Are you aware of the U.K.'s effort at open banking and giving consumers more control over their data when it comes to selecting financial products? Ms. Kraninger. Yes. I probably know enough to be dangerous on that particular topic. But we are certainly looking at what other countries are doing, and Paul Watkins, who heads up the Office of Innovation, knows this deeply and understands it. Mr. Hill. I think that is a real trend, to make sure that the consumer controls more of their information and protects it more capably and is not preyed upon by either Facebook or a financial services company. I note in your annual report that education is a major part of the Bureau's mandate. And so, when you look at again your customer complaints that are reported to the Bureau, over 50 percent relate to credit or consumer reporting and debt collection way over 50 percent. And so, when you look at FICO Scores, the FICO Score of 400--something under 500, that is considered a very poor FICO Score. Does the Bureau help consumers with information about how to improve their credit through either education resources at your website or when they file a complaint? Do you help them understand how to improve their score, because clearly someone with a 400 credit score has a financial literacy challenge or a huge financial problem in their family at that time? Ms. Kraninger. There are a number of tools on our website and that we share with financial educators around this issue, because having a good credit history is part of financial well- being. It is part of your ability to build opportunity and certainly build wealth. So, there are a number of things that we have produced on that front, the challenge largely is getting that information to those who need it in the best way that they can receive it and measuring the effectiveness of our efforts in changing people's behavior. Chairwoman Waters. The gentleman's time has expired. Mr. Hill. Thank you, Madam Chairwoman. Chairwoman Waters. The gentlewoman from Ohio, Ms. Beatty, Chair of our Subcommittee on Diversity and Inclusion, is recognized for 5 minutes. Mrs. Beatty. Thank you, Madam Chairwoman, and to our witnesses, thank you for being here today. I am going to start with a question that I have asked every one of your predecessors since I have been here. I have asked every Director and Chair who has sat in that seat as a witness. So, I wanted to start with that. But before I ask you the question, how did you prepare for this hearing? Did you have your staff talk about some of the questions and answers to Director Mulvaney or to Director Cordray? Ms. Kraninger. First and foremost, it is the time on the job. I actually have been spending a lot of time with the staff getting briefed on various topics. Mrs. Beatty. But did you listen to or watch any of the tapes with the questions? Ms. Kraninger. Yes, I have watched prior hearings of this committee. Mrs. Beatty. Okay. So, you know that we have had Directors sit in that seat who have been questioned for some 5 hours, and some reports have said that it was a new level of hostility by those in charge. Others have said it was a withering attack on Mr. Cordray, very contentious. And the only reason I do this is, a couple of my colleagues have used the word ``battered.'' So, I don't want you to feel that I am battering you. I am just trying to ask a few questions. My question that I have asked everyone--as you heard, I serve as the Chair of the Subcommittee on Diversity and Inclusion, and the Office of Minority and Women Inclusion (OMWI) falls under that. I read your press release on January 25, 2019, where CFPB announced changes in senior leadership and acknowledged Lora McCray as your new Director of OMWI. So my question to you is, does the OMWI office have enough staff and resources to carry out the responsibilities in Section 342? Yes or no? Ms. Kraninger. I can tell you-- Mrs. Beatty. Yes or no, please. Either they have it or they don't. I know you-- Ms. Kraninger. I certainly-- Mrs. Beatty. Let me finish. I know you didn't go out and hire somebody who has been the Vice Chair of Diversity through the Federal Reserve, with all of her experience, and bring her into an environment where there is not enough money or enough staff. So, do you believe that the office has enough staff and resources to carry out the responsibilities of Section 432? Please, yes or no? Ms. Kraninger. I-- Mrs. Beatty. Yes--that means you either have the money-- Ms. Kraninger. Moment-- Mrs. Beatty. I will if you give me the answer-- Ms. Kraninger. Lora-- Mrs. Beatty. --to my question. Ms. Kraninger. Lora and I are both very new. And she knows that I am committed to ensuring that she does have enough resources, and she has the ability to-- Mrs. Beatty. So, that would be a yes? Ms. Kraninger. --ask for them. So again, we are absolutely assessing that. The answer is there are-- Mrs. Beatty. So, you hired somebody without knowing if she is going to have enough staff and funding to do her job? Ms. Kraninger. She absolutely will. You are asking me to affirmatively say-- Mrs. Beatty. So-- Ms. Kraninger. At this moment-- Mrs. Beatty. So, then let me ask the question-- Ms. Kraninger. The answer is yes. Mrs. Beatty. --differently. Will you assure us that as you testify today, the OMWI office will have enough staff and resources to carry out the responsibilities as identified in Section 342 of Dodd-Frank? Ms. Kraninger. The answer is absolutely yes. Mrs. Beatty. Okay, thank you. And welcome aboard, Ms. McCray. My next question is, have you heard of the term that is being used inside the Consumer Financial Protection Bureau called the ``Mulvaney Discount?'' Have you heard of that? Ms. Kraninger. I have certainly heard the term, yes. Mrs. Beatty. Okay, because I have a press release right here with your picture on it. I think this is you where you all talk about it. Ms. Kraninger. I would say-- Mrs. Beatty. Well, it is mentioned in the headlines. Ms. Kraninger. I certainly have not talked about it. Mrs. Beatty. Okay, where it was brought up, and I can read you some quotes. So, you are familiar with it? Ms. Kraninger. I have heard the term used. Mrs. Beatty. So for those situations where people have been abusing and some would say swindling veterans, minorities, and others, and the fee for something, if you swindled somebody out of hundreds of thousands of dollars, you would have to pay thousands in fees, while the Mulvaney Discount is $1.00. Do you agree with that? And do you plan to continue it, yes or no? Do you plan to continue, because it exists, I can give you case after case. Ms. Kraninger. Every-- Mrs. Beatty. Wait a minute; I am going to let you talk afterwards. Do you plan to continue it, yes or no? Ms. Kraninger. Every enforcement case presents its own facts-- Mrs. Beatty. Will you have dollar discounts for people who have been swindled out of hundreds of thousands of dollars? Ms. Kraninger. These are all negotiated settlements. And there are factors-- Mrs. Beatty. So, you are not answering. Okay. My time is up. Ms. Kraninger. --that are taken into consideration. Chairwoman Waters. Mr. Loudermilk, the gentleman from Georgia, is recognized for 5 minutes. Mr. Loudermilk. Thank you, Madam Chairwoman. Director, I am going to make sure I see this. It doesn't say, ``Mulvaney,'' it says, ``Kraninger,'' am I right? Okay. I just want to make sure that we are actually--it seems that a lot of the discussion we have had here is as though you were your predecessor, and I think it's important that we engage on what is actually happening in the Bureau right now. And I appreciate you being here. I understand by Dodd-Frank you are required to come occasionally and provide a report, but as it was brought up before, I don't think the law requires you to even answer the questions when you are here, so the fact that you are here and engaging, I appreciate that. Before I get to the questions--because I want you to answer the questions. I think there's so much that we need to be doing and there are so many issues out there, it's important that we engage and we have a relationship and that we can work together and just not be adversarial. When Director Cordray was here, I questioned him on the consumer complaint database because I felt like at the time it was actually being used as a shaming system of businesses. And I apologize that you were not given the opportunity to answer the questions--obviously, there was a preconceived idea there. I just want to give you a moment. Is there anything you would like to--I will give you a moment of my time to answer the question that you weren't given the opportunity to answer earlier. Ms. Kraninger. Thank you, Congressman. I recognize how important an issue this is. I have certainly heard from consumer groups and researchers in particular--I was actually visiting Consumer Reports last week and they talked about how much they use the data that is available in the consumer database. So also on the other side of that, certainly some very real reputational harm concerns from institutions about making sure people understand what the complaints that they are seeing mean will put them in some kind of context. So I have heard those comments. This is certainly an active issue. I am talking to the staff inside the Bureau. We did a whole request for information on this issue as well about what should be public, and what should not be public. Those were all questions that were asked and I am actively looking at the issue now. Mr. Loudermilk. Thank you, I appreciate that. Because the only way that we are going to be able to get things resolved is to actually have dialogues. And I think you deserve the respect to bring that up. I think a lot of the frustration that you hear is that regardless of what you answer, there's not really a thing we can do about it. That is because of the organization, the way it was established. So one of the years that is key to me is in the Fintech community. I from Georgia, and we have two-thirds of the country's payment processing there. I also come from an IT background, and I understand the value of technology and how it empowers the individual, the consumer, and I'm particularly interested in the bank Fintech partnerships. One of the concerns that we usually hear is how these partnerships can raise safety and soundness and consumer protection concerns. So the question I have is, when a Fintech company is interfacing with a consumer and it's actually a bank or credit union that's filling the loan, the loan has to meet the same safety and soundness protection standards as if the consumer walked into the local bank, is that correct? Ms. Kraninger. Yes, I believe so. Mr. Loudermilk. Okay. What is it that we, and I am talking about Congress and the regulators, what can we do to ensure that these partnerships can continue and flourish? Ms. Kraninger. That is an excellent question because innovation and facilitating innovation are a key part of the Bureau's mission, something we take very seriously. I have met with innovators and seen the kind of things that they are doing. I would note that I recognize the concerns that advocates have brought up on the other side of this. But I would certainly venture that the entities that are actually actively coming forward seeking to work with the regulators, seeking to understand what the rules are so that they can follow them, are those that certainly like to be--there looks to be an opportunity there. And certainly for the underserved, as Mr. Hill mentioned. Mr. Loudermilk. And one of the things about technology is you get into areas where the rules don't exist if you are really progressing and bringing in new technology. An example is the Wright Flyer, which is on display down at the Air and Space Museum here. These guys were bicycle mechanics and they achieved something scientists and engineers couldn't. I don't think you could replicate that today because of the adversarial relationship between regulators and innovators. I think the sandboxes are important to give them the ability to try new products, new ideas. Can you briefly--I know we are out of time, but this Office of Innovation, what is it that you are doing to help innovators? Ms. Kraninger. In the last 6 months in all we have issued proposals for a disclosure sandbox policy, a no-action letter policy and a product sandbox policy, and we got robust comments back on all of them. That is also something that I am actively looking at and we are looking to close out and address those and again, put these processes in place to facilitate innovation. Chairwoman Waters. The gentleman's time-- Mr. Loudermilk. Thank you. Chairwoman Waters. --has expired. The gentleman from Washington, Mr. Heck, is recognized for 5 minutes. Mr. Heck. Thank you, Madam Chairwoman, very much. Thank you, Director Kraninger, for being here. Thanks for the phone call a couple of weeks ago to introduce yourself. I suspect you know where I am going with my time opportunity today. As you will recall, I have the honor to represent some 44,000 men and women who report to work every day at Joint Base Lewis-McChord. I consider it frankly a sacred part of my job to look out for their best interest. Do you consider it an important part of your job to look out for the servicemembers and their families? Ms. Kraninger. I absolutely do. I have been honored to also work with servicemembers and their families throughout my career. And I certainly recognize that Congress created an office inside the Bureau specifically to ensure that-- Mr. Heck. We will get to that in a second. So have you yet visited a military base or met with a military community? Ms. Kraninger. Yes, I have. I was actually at Travis Air Force Base outside of San Francisco as one of my first trips. Mr. Heck. I noted that on January 25th, you announced the hiring of 5 senior positions. We kind of did a little research and dug down. It does not appear--and I hope I am wrong--as though any of them is a veteran or a member of the Reserves or the National Guard. Ms. Kraninger. I do not recall if any of them are. I can tell you that it is certainly a consideration in the hiring process and an important one. And there are a number of veterans. Mr. Heck. And yet five senior people were hired without any of them being veterans or members of the Reserve or the Guard. In fact, the position of the Office of Servicemember Affairs Director has been ``acting'' for a year and a half. Can you share with us today what your specific and concrete plans are to name a permanent Director of the Office of Servicemember Affairs? Ms. Kraninger. I can tell you that I have one. He started on the job literally--I believe last week. We are gathering-- Mr. Heck. A permanent Director? Ms. Kraninger. A permanent Director who actually--who is a veteran, by the way. His name is Jim Rice, and he just started, as I said, 2 weeks ago, and we are going to gather up again some more-- Mr. Heck. Somebody is trying to get your attention behind you. Ms. Kraninger. Oh. Oh, he starts Monday. Well, then, I am making news. I thought he was here already since I was talking to folks about it. Mr. Heck. Great. Ms. Kraninger. But he starts on Monday. Mr. Heck. We weren't aware of that. I want to tell you-- Ms. Kraninger. Yes. Mr. Heck. I am very pleased that you have done this. Finally, have you allowed the Bureau's examiners to resume reviewing compliance with the Military Lending Act? Ms. Kraninger. I know that we are not in agreement on this issue, Congressman. I want to just at least note that. I would say that I do not believe that we have the authority, that is why I sought, to again specifically-- Mr. Heck. Well, wait a second, they have been doing it. Ms. Kraninger. --conduct compliance for the Military Lending Act. Mr. Heck. They have been doing it for-- Ms. Kraninger. We have robust enforcement authority-- Mr. Heck. They have been doing it since the inception of the Bureau and it is at a minimum, arguable, at a minimum. I assert in fact, you absolutely do have the authority to do this. General Cantwell, who is the former Director of the Office of Servicemember Affairs, likens failure to exam, as standing down the guards or the sentinels around military base. It seems like a perfect analogy--at a minimum, after nearly 10 years of actually doing it, it is arguable given that you have said that it is an important part of your job to look out for servicemembers. Why wouldn't you continue to do that which has occurred for 10 years, if in fact your values are as you state they are? Because I want to remind you of, I think the eternal wisdom of the suffragette movement, which in Great Britain and later in the United States, adopted the slogan, ``deeds not word.'' So we would be looking for deeds, not words, to comport with what you assert are your values, that you care about servicemembers. Ms. Kraninger. We absolutely continue to take enforcement actions and look at enforcement issues associated-- Mr. Heck. That is completely reactive. If you are not examining to look for that, then all you are doing is reacting to the committee--it is as though you have stood down the sentinels of the base, and only when they have come over the ramparts, do you react. How is it that you can deny the 10-year history of these examinations, never having been stated in a court of law as not being within your authority? Please be clear. We will not go gently into the night on the issue of how it is we protect the servicemembers, the people who put on uniforms and put themselves in harm's way on our behalf every single day, nor their families, especially in the context of the long-standing practice of the agency. Ms. Kraninger. Congressman, to read into the statutory authority-- Chairwoman Waters. The gentleman's time has expired. Ms. Kraninger. --is beyond what I believe I should do. I am staying true-- Mr. Heck. And you are wrong. Chairwoman Waters. The gentleman from Tennessee, Mr. Kustoff, is recognized for 5 minutes. Mr. Kustoff. Thank you, Madam Chairwoman. Thank you, Director, for appearing today. We appreciate it. If I could, I would like to follow back up on some comments that you made in your opening statement, and also the line of questioning by Congressman Lucas and Congressman Hill, about the small dollar lending rule, if I could. I do applaud the efforts by the CFPB in taking and reviewing certain provisions of the rule as the rule is written. We know that the CFPB issued a notice of proposed rulemaking that would examine the underwriting provisions of the rule and also issue a delay until, I believe August the 19th of this year. I believe that is correct as the compliance date. While I think that the two notices do not address the provision governing payments, it is my impression that the CFPB may be still evaluating the comments and also the evidence prior to making a decision as to whether to reopen this portion of the rule as well. I do have concerns, and I know that Congressman Hill asked about this as it relates to debit cards, debit cards and method of payment on the loans. Payment provision, the way I understand it is written, would apply when a payment is made through a debit card, despite the fact that this method of payment doesn't result in a charge to the consumer if there are insufficient funds. Now in light of the fact that debit cards could prevent overdrafts or further economic harm, should the CFPB promote this method of payment as a preferred choice to consumers instead of maybe limiting it? Ms. Kraninger. I certainly have heard a number of concerns about the payment provisions in addition to the underwriting portion of the rule. The proposal seeks specifically to address the underwriting issues because of the access to credit concerns and the impact to the industry in general as that relates to access for consumers of credit. On the payment provisions, we have a petition in hand that is asking us to reconsider, and under the Administrative Procedure Act, that is absolutely something that we now need to respond to. So that is something that we are looking at. Mr. Kustoff. I would appreciate that. I appreciate your candid answer. Education is an important part of the CFPB, part of your mandate, part of the agency's mandate. Can you talk about what role education has in promoting clarity and guidance, if you will, to consumers, and also the businesses to seek and understand the responsibilities that they may have? Ms. Kraninger. Definitely. I think it is an important part of our mandate and we strive to put the tools in consumers' hands, both by working with educators and putting things on our website to get them the right tools in their hands so they can make the best decisions for themselves financially. There are a lot of products and services and a lot of issues and we seek to have it organized in a way that consumers can get to it readily and easily. But it is a challenge, frankly, for any education process, to understand what the impact of that is and how to continue to improve that, improve the access to the information, and it is, I think, an exciting part of what we are doing, that we have tailor-made for different types of consumers, whether it is those looking to buy a home, so the whole know-before-you-owe and homebuyer guides. If you are looking to get a student loan, if you are looking to bolster your savings and ways to do that, so all of those things are critical. I think Mr. Hill or others asked about understanding what the credit reporting agency's role is, and what your credit score actually means. So a lot of things like that, that we are seeking to make sure there is good information for consumers on. Mr. Kustoff. Thank you very much. In my remaining time, in past Congresses in this committee, we have discussed and debated about an Inspector General for the CFPB. Can you talk in your term now as Director, as I understand it, now less than 3 months or around 3 months, the importance, in your opinion, one way or the other, of having your own Inspector General? Ms. Kraninger. I understand why you are asking the question, Congressman. I have noted this is a matter certainly for statute and Congress to consider, and anything that Congress would pass to address accountability and transparency concerns that they have, I would welcome. Mr. Kustoff. Thank you. I yield back my time. Chairwoman Waters. Thank you. The gentleman from Guam, Mr. San Nicolas, is recognized for 5 minutes. Mr. San Nicolas. Thank you, Madam Chairwoman. Forgive me, Director, is it ``Kraninger'' or ``Kraninger?'' Ms. Kraninger. I accept both, but it is ``Kraninger,'' thank you. Mr. San Nicolas. ``Kraninger.'' Well, thank you for being here today and thank you for answering everyone's questions. I wanted to first begin with a casual observation. It appears that depending on what snapshot in time you are looking at, at the CFPB, you have both sides of the aisle upset at some point. And it has been my experience that when we have both sides of the aisle upset about something, we are either dealing with a colossal mistake or a colossal success. But I think that the variable on either extreme has been the predecessors who have sat in your chair. And I think that variable has caused either side of the aisle to want to always try and find balance because they felt like the boat was tipping too far one way or too far the other. And that is why in Chairwoman Waters' bill, the Consumers First Act, I think she is doing her due diligence in trying to rebalance the boat that she feels, and I feel because I co- sponsored it, that your predecessor might have tipped too far. I do have a deep appreciation for your position. Your predecessor is the right hand of the individual who appointed you to the position. And I can understand how that would make it very difficult for you to reconsider or walk back or change some of the activities that he has put into place. And so, at this juncture, we are left with having to rely on you to be that source of balance, so to speak, but also with the context of having to do so with that weight of your predecessor and his position and how that reflects on the position that you are in. I wanted to, I guess, tie it all together by saying that one of the things that provides a lot of stability to organizations is not just the leadership that is in place, but everybody behind the leadership. And all of the employees who make up the organization can have a very strong balancing effect on whether or not the organization is going to continue to pursue its purpose and its mission with the veracity for which it is intended. And so, I wanted to pose a question to you as to whether or not you would be open to establishing a precedence within CFPB to perhaps do a biannual survey of the employees, as to whether or not they feel that the organization is staying true to its mission and whether or not you would allow for that survey to perhaps be done anonymously and provide it to this committee? Ms. Kraninger. I do appreciate the question because the people of the Bureau are absolutely essential to how we carry out the mission and are fundamental to it. They are very important to me, in supporting my decision-making processes. On the survey specifically, there is an annual employee survey that happens. It is anonymous. The Bureau actually has added some specific questions, Bureau-related, to it over time. And the results of that are certainly something I am using, looking forward, so that we can make sure we address concerns that the staff have. Mr. San Nicolas. I think that it would be useful for those results perhaps to be done--for these surveys to be done a little bit more frequently and for those surveys to even be forwarded to the committee. Not necessarily as a reflection on you, but as one of my colleagues on the other side of the aisle mentioned, it may not necessarily be you who are concerned about it but those who may come after you. But if we have that precedent established within CFPB, especially given the very unique powers that your single position has, it could really help for this committee to be able to review those surveys to provide the necessary checks and balances, because the rank and file employees, the boots on the ground, might, on an anonymous basis, be willing to express concerns that, if brought to the attention of this committee, we may able to address and ask specifically. So I would like for you to perhaps consider, in the interest of finding that balance in your position and setting that kind of precedence, perhaps doing that survey more frequently and making the results of the survey available to the committee. Thank you, Madam Chairwoman. And I yield back. Chairwoman Waters. Thank you. The gentleman from Indiana, Mr. Hollingsworth, is recognized for 5 minutes. Mr. Hollingsworth. Good afternoon. I am so excited that you are here, and I really appreciate the testimony and the answers that you have given thus far and I really appreciate the work that I know you are doing and I know you are committed to doing going forward. Obviously, the CFPB's aims are laudatory, and many of us welcome the work that will be done in protecting consumers. But many of my Hoosiers back home feel that they would been disempowered by some of the regulatory efforts that have taken place before you. They feel like they have been pushed further away from the financial system instead of included in the financial system. I represent a part of Indiana that has some suburban areas, a great college town, and also some rural areas. And those rural areas are dramatically underserved, compared to their suburban and urban counterparts, with regard to financial services. And I wonder, as you continue to look at the process--you are going on this listening tour, continuing to undertake an understanding of the wide variety of impacts that regulatory actions can have on individuals and Americans from sea to shining sea--if you are continuing to take into account the fact that the higher the regulatory burden, the more challenges and hoops these companies have to go through in order to serve customers and potentially find new customers, and that more and more people might be pushed aside and pushed further from the banking system, that 6.5 percent of Americans remain unbanked and we want to get them into the system. We want to create better financial futures for them and then give them the power to create better financial futures for themselves. And I wondered if you might talk a little bit about the effort that is being undertaken, just to understand the other side of the argument, that though the aims are laudatory, that perhaps sometimes that misguided approach ends up hurting the very people we all in this committee want to help the most. Ms. Kraninger. Certainly, the outcomes are critically important to understanding. I think there are two things that I would say in response to that. One is that Congress did have the foresight in looking at our regulatory actions to require a 5-year assessment to say, what was the actual impact of that regulation. And I am looking at the process of that. I want to make sure it is robust; I want to make sure we have the information and the evidence base to actually make a judgment on that, that is valuable. Mr. Hollingsworth. Right. Ms. Kraninger. I will say, with the ones we have done so far in the mortgage space, it was challenging because pulling apart various regulations on their own, in terms of the impact they had on the marketplace, with all of the changes that happened after the financial crisis, on mortgages, was a huge challenge, but again, the economists are endeavoring to do that, and I am challenging them to do that. I want that 5-year look back to truly be a mechanism for us to look at reconsideration and address things. The second thing I would say is very much related. The flexibility that Congress did give the Bureau is a flexibility that we can take in applying logic and reason to these things. If something didn't work, we can throw it away. Mr. Hollingsworth. Great. Ms. Kraninger. And that is absolutely what I want to do to get to the right outcomes to protect consumers. Mr. Hollingsworth. I love that. The evaluation of these rules that have been put in place and their effects, not only on the consumers who were already part of a system but those consumers who aren't a part of the system, is hugely important to me and hugely important to my rural Hoosiers back home. So I really appreciate the fact that you are going through that robust process and acknowledge that, on occasion, we have to revise and even remove rules that have had a more deleterious impact than expected. Now you mentioned a little bit about the process. The other thing I wanted to ask about the process is, I know Mr. Mulvaney, under his leadership, had sent out an RFI to talk about what is the practice that we can do in order to improve enforcement, and you have talked about that a lot already. But I wondered if you might talk a little bit about some of the early indications that you have gotten. We have seen some of that referenced, under Mr. Cordray, how enforcement actions were perhaps taken. But in addition to that, fishing expeditions were undertaken to where one opened an investigative process that seemingly had no results and seemingly cost these companies millions of dollars in order to provide the information necessary and cost the taxpayer more and more dollars to go about all these fishing expeditions. Can you talk a little bit about that and the process that you are trying to reform there? Ms. Kraninger. Yes. I certainly want to talk about that looking forward. I would say from where I sit, the enforcement tool is one that is not the first tool we used. For entities that are seeking to comply, for entities that self-report, that is the mechanism for examination. The supervisory authority we have is a great way to work with those kinds of entities, where enforcement is, I think, most powerful is obviously those who are not seeking to comply and who are bad actors in the system and are engaged in unfair practices and they are the ones that enforcement, under my leadership, will go after. Mr. Hollingsworth. Great. Well, I certainly agree with that. Mitch Daniels, the Governor of Indiana, used to say we are going to hit the bad actors with a sledgehammer but we are going to enable and empower the good actors to serve more Hoosiers and more Americans. Thank you for the service that you undertake, and with that, I will yield back. Chairwoman Waters. Thank you. The gentlewoman from Michigan, Ms. Tlaib, is recognized for 5 minutes. Ms. Tlaib. Thank you so much. Thank you, Director, for being here. The 2018 report detailed how a subprime auto- lending company called Credit Acceptance Corporation has been preying on consumers for decades, extending credit to people it knows are likely to default. Indeed, the Credit Acceptance Corporation has admitted that it repossesses 35 percent of its vehicles it finances. And its debt collectors have hounded consumers for as many as 25 years. Ground zero for this crisis, and I believe it is a crisis, is in my district: one out of eight civil lawsuits filed in the district court in my district and collection cases filed by the actual corporation. And I mentioned 12 percent of those are open civil lawsuits in my district. And tens of thousands of my constituents are subject to wage garnishment actions which can take up to 25 percent of their wages and push more families into bankruptcy. Please tell me what the CFPB is doing to hold predatory subprime auto lenders accountable, including what the Bureau is doing to hold the Credit Acceptance Corporation accountable. And one other question, if you can remember that one for me, please, I just want to get this one in because this is the one that really shocks me. Increasingly, subprime auto lenders have been using kill switches that allow them to turn off and lock a car when a consumer misses a payment. Owning or leasing a car is the price of admission to the economy and society in much of America, including my district, where public transit fails to connect our region very much. And we still struggle with it. What is the Bureau doing to investigate the use of kill switches? And do you think it should be permitted? Ms. Kraninger. Congresswoman, I appreciate where you are coming from, certainly this being a priority. I can tell you that I have not committed to memory every enforcement action that was reported in the reports, I apologize for that; 86 days on the job and things that occurred prior to my arrival. But I can tell you that this is an issue, so we will get back to you on specifically what is happening with the Credit Acceptance Corporation and where the status of that is and holding them accountable pursuant to what I presume is a consent order, but as I said, I don't have it in front of me. With respect to auto lenders in general and our posture, we are continuing to conduct the supervisory work, and look at enforcement actions in a wide variety of markets and areas within our purview. This is something that I will continue to have more conversations with the staff about specifically. As I said earlier, the enforcement matters that do come to the Bureau come via myriad methods, frankly certainly complaints from consumers through the supervisory process from State partners whether it is attorneys general or State supervisors. And so those opportunities to work in partnership with them are also important. Ms. Tlaib. So are you familiar with kill switches? Ms. Kraninger. Oh, I'm sorry--on kill switches-- Ms. Tlaib. Please do, yes. Ms. Kraninger. I am familiar with it as a concept, but I do not know at this stage what the Bureau has looked at on that issue. Ms. Tlaib. I would love maybe a follow-up, maybe investigate more, Director. But do you think it should be permitted? I think this would lead to a huge crisis in our country to have kill switches on these vehicles, especially when we know that they are targeting certain communities they know will not be able to pay for the vehicle, and they have no business loaning to those individuals in the first place. One of the things that I heard in committee--profits are a good thing, and I am not against that, I don't think anybody really is, right? But not when it is a scam. When it is scamming the people we serve, and it is a scam, a scheme, or whatever you want to call it. We serve people, not the corporations. And I feel like the Bureau--the full intent was that. Do you believe that we even need the Bureau at all? Ms. Kraninger. I absolutely believe consumer protection is a responsibility of the Federal Government, and as I said, Congress created the Bureau to that end. Ms. Tlaib. One of the things that I struggle with also is where people--I think the first thing I heard in committee was ``regulation by enforcement.'' I am a lawyer just like you, and I don't know--how do we make people do the right thing? Especially when it comes to corporate greed, how do you make a corporation not do the things that they do, primarily because they are looking only at numbers, not the impact or the harm on people? And I applaud you for saying you want to prevent the harm, but the only way you could ever do that is to really hold them accountable, and that is to hold investigations and open them up, and really hold their feet to the fire. It is a really important approach, I think for the Bureau, and I really would urge you to do so. Chairwoman Waters. The gentleman from Tennessee, Mr. Rose, is recognized for 5 minutes. Mr. Rose. Thank you, Chairwoman Waters, and Director Kraninger, thank you for being here with us today and subjecting yourself to these questions. I think it is an important part of the transparency that the American people demand and deserve, and my only concern is that I am not sure you are really obligated to be very forthcoming, and I would like to change that so that both you and those who might follow you are held to a stricter standard by the Members of this Congress. Back in my district, and I am a new Member of Congress having been here about 8 or 9 weeks--one of the people I look to for guidance and advice is a fellow named Senator Ferrell Haile, and Senator Haile is a Senator in the State Senate in Tennessee, and he has a good way of saying it, I think when it comes to the regulatory function of government and that is that he views the role of regulators to be to help the regulated comply, not first to punish them when they fail to comply. I think Senator Haile is exactly right about that, and so I encourage you as you pursue your reign--and I use that word somewhat euphemistically--at the CFPB that you would encourage the staff around you, including the career staff to keep in mind that what we want is to protect consumers, not to punish premarket actors when they might make a mistake. And so I encourage you to go about that business aggressively so that free market actors know what they are supposed to do, and don't just get punished for it. I have a little boy who is 17-months-old, I think I showed you a picture of him recently, and his name is Guy. Guy is at that age where he is starting to explore the boundaries of his world, and anyone who has children has been through that. Guy is constantly looking to see what he can get by with, and what can he do? And so he has learned very much the meaning of the word, ``no.'' In fact, he is at that very early stage of using the word ``no.'' And so what I have learned as a young parent--or a new parent, I am not young--with a new child is that it is important to set those boundaries and to set them clearly. And so again my point here is that I hope that your leadership at the agency will guide the agency away from regulation by enforcement, or in some cases what I have seen is regulation by press release and more toward regulation by rule making and by setting boundaries, and by working with the regulated and the industries that touch consumers, so that they understand what they are supposed to do and so they can follow the rules. Guy likes to follow the rules; he doesn't like to get spanked. And I hope my colleagues on the other side of the aisle would agree that it is probably not good when Guy gets a lot of spankings for breaking the rules. It would be better if we told him what the rules were and then he learned to follow them. I want to echo the comments from Mr. Lucas and Mr. Hill and Mr. Kustoff about the small-dollar rule, particularly the ability-to-repay section, but also the payment provision including both ACH and debit card use, and I think those are good options for consumers, and I hope you will take a strong look at those and make sure that we are not denying these important tools to customers who want to borrow money and need access to credit. I want to shift gears now and talk a little bit about Section 1035 of Dodd-Frank, which conferred jurisdiction over private student loans to the Bureau. During the reign of one of your predecessors, they saw fit to expand the scope beyond private student loans, which is clearly set out in the statute, I think without statutory authority to do so, and brought an enforcement action that is still ongoing today against what they thought was a borrower harm, but where no borrower harm has been identified, it is my understanding. And I know you can't comment on existing litigation, but I would encourage you to take a strong look at those enforcement actions where millions of dollars have been spent, and yet no borrower harm, it is my understanding, has yet to be identified. I know you have an unlimited budget, courtesy of the Federal Reserve, and so unfortunately consumers end up picking up the tab for defending those actions even when they are meritless. And so I hope you will take a look--will you take a look at those cases and make sure that there are justifications for continuing them? Ms. Kraninger. I certainly am looking at all the ongoing litigation and getting familiar with the history of the issues. Chairwoman Waters. The gentlelady from California, Ms. Porter, is recognized for 5 minutes. Ms. Porter. Hello, Director. Could you please explain to this committee the difference between an interest rate and an APR? Ms. Kraninger. APR is the extrapolation if it were a 1-year term in terms of the loan. So that is the calculation that is laid out in particular. Ms. Porter. So if I take the stated interest rate, and do the math to deal with the fact it is annualized, the APR, I would be correct? Ms. Kraninger. Yes. Ms. Porter. Okay. Ms. Kraninger, the annual percentage rate--and I will be happy to send you a copy of the textbook that I wrote, which explains that the APR is derived from the finance charge, the amount financed, and the payment schedule. It is a mathematical transformation of those three numbers into the cost of credit expressed at a yearly rate. Ms. Kraninger. It is a simplification, I understand, that you know well-- Ms. Porter. Well, my concern is whether you know well, ma'am, because you are the one responsible for making sure that American consumers know well when they take out loans. Let's do an example. I am a single mom, I am by the side of the road, and my car is broken down. I need money right now. I pick up my cell phone, and I call Speedy Cash, an online lender. I am in California, I have to get to work, and I have to have the cash to fix my car to get to work. I can barely read the little disclosure on my phone. The cost of Speedy Cash is--you may want to write this down--$10 per $100 borrowed. I need $200 to fix my car. The origination fee is $20. The term of the loan is 2 weeks, typical, for what I get paid. What is the APR? And if you would like a calculator, we have one for you. Ms. Kraninger. I understand what you are getting at. At the end of the day, the issue is certainly when you actually are able to repay the loan and whether or not you take out an additional loan going through this and you are certainly-- Ms. Porter. Ms. Kraninger-- Ms. Kraninger. --short-term small dollar-- Ms. Porter. Reclaiming my time. Ms. Kraninger, I am asking you what the APR is. I am not asking you to wax eloquently on the pros and cons of-- Ms. Kraninger. I understand. This is not a math exercise, though, this is a policy conversation about what the implications are-- Ms. Porter. Reclaiming my time. Ms. Kraninger. --and what the appropriate level of an interest rate-- Ms. Porter. Reclaiming my time. Ms. Kraninger. And-- Ms. Porter. Reclaiming my time. Chairwoman Waters. The time belongs to the gentlelady from California. Ms. Porter. Thank you, Madam Chairwoman. I am asking if you could even ballpark on a $200 loan for a term of 2 weeks with a $20 origination fee and a rate of $10 per 100, that is 10 percent. Ballpark, what is the APR? Ms. Kraninger. And I am telling you that the APR calculation is-- Ms. Porter. Is that a ``no?'' Ms. Kraninger. --a math exercise and the question is-- Ms. Porter. Okay, but it is a-- Ms. Kraninger. --when am I going to pay off the term of my loan-- Ms. Porter. Reclaiming my time. Ms. Kraninger. --and what are the other issues that are happening in my life? Ms. Porter. Reclaiming my time, I take that as a ``no,'' that you cannot do the calculation, but I am particularly concerned about this given that you could not even correctly define the APR. Changing directions, since that isn't going well, do you think the Military Lending Act harms servicemembers? Ms. Kraninger. I think Congress passed the Military Lending Act to provide protections to servicemembers. Ms. Porter. Can I count on you personally, in your role as Director, to robustly enforce and defend the Military Lending Act? Ms. Kraninger. The Bureau has very clear enforcement authority when it comes to the Military Lending Act and absolutely, we will carry out that authority. Ms. Porter. In your capacity as Director, how many military servicemembers or their families have you met with since you began service, to understand the way in which servicemembers-- the challenges that they face in the marketplace for consumer financial services? Ms. Kraninger. With 86 days on the job, I visited Travis Air Force Base in San Francisco--outside of San Francisco--and I met with a number of servicemembers and educators, their C.O.s, I met with the chaplain, I met with a number-- Ms. Porter. Great. Thank you. I am glad you did that. Ms. Kraninger. --at the air force base. Ms. Porter. The Consumer Financial Protection Bureau, in 2015--I am going to contrast two things--took 56 enforcement actions and there were 168,000 complaints; in 2016, 42 enforcement actions, 191,000 complaints; in 2017, 32 enforcement actions, 243,000 complaints; and in 2018, 6 enforcement actions. The number of complaints is going up and your number of enforcement actions is going down. Thank you. Chairwoman Waters. The gentleman from Ohio, Mr. Gonzalez, is recognized for 5 minutes. Mr. Gonzalez of Ohio. Thank you, Madam Chairwoman. Thank you, Director Kraninger, for being here and sitting through this interesting experience, to say the least. You testified earlier and I think it has been well- established that the CFPB has broad authority and almost unilateral authority to do essentially whatever it wants. And I think Director Cordray, when he was in your shoes--and we are going to hear from someone just outside my district later on about just how abusive that can be. To me, as we sit here, it makes no sense why Congress would provide an agency with such broad authority and no accountability. I believe the lesson we have learned today, quite frankly, is that neither side is really happy with this outcome and that we need structural reforms. I think the case for structural reform is actually very clear and that it should be a bipartisan initiative. One of my concerns--and I have had this concern since we started this Congress--is that all the bills that come forth are purely partisan, appear to have no input from the other side, and so therefore I can't help but sit here and think that as long as I am in Congress, if this is going to continue to be the M.O., that we will be right back in this position next time you are here and for the next Director and the Director after that. We simply have to solve these in a bipartisan way, and I think we all agree that the CFPB is just not working the way that we want. Having said that, the issue specifically that I want to ask you about today is the 3 percent cap. As you are aware, the Dodd-Frank Act requires that the CFPB cap, the total on mortgage cost of 3 percent of the loan amount. I am personally not a big believer in price controls. I think you have all kinds of unintended consequences. You see that wherever they are used. Given the fact that just creating a mortgage costs close to $8,500 per loan, how do you see this affecting lower loan amounts, loans for middle-income and lower-income folks? Ms. Kraninger. Certainly, this is something that the Bureau has looked at and that a number of lenders have mentioned to us, particularly smaller banks and community banks and credit unions and entering into these loans and the cost of even providing that service to their members. So I recognize the challenge that you are laying out. There is not a decision directly before me at this time. This is something that we are looking at carefully. Mr. Gonzalez of Ohio. Okay. And then are you aware of any studies that have been done to kind of look at the effects that this has had? And if not, are you currently looking at conducting any yourself? Ms. Kraninger. I would like to get back to you on that. I think I know the answer, but I would rather give you an accurate answer. Mr. Gonzalez of Ohio. That is fine. And then switching gears, I want to touch base on what I think is a positive initiative taking place at the CFPB. Too often, I think lawmakers and regulators are not forward-thinking with our ideas. This is why I was encouraged to see the CFPB with the No-Action Letter proposal. Can you discuss how this proposal would allow for innovation but also ensure that consumers remain protected? Ms. Kraninger. Absolutely. I do think, as I have said before, facilitating innovation is an important part of our mission. I think there was a recognition, frankly, in the past by the Bureau that it is a challenging balance to strike. And the prior No-Action Letter policy was a step in seeing that we didn't get entities coming forward, wanting to use it. We are looking at reassessing it. We issued the new No-Action Letter proposal with a number of protections for consumers in place, first of all, that there is a self-selection. These are entities that are voluntarily coming forward because they are seeking a way to provide a service and make sure that they are complying and make sure that they understand what the rules are. There is, of course, the application process where they would have to identify consumer harms, if we laid it out. The Bureau reviews that. We certainly could revoke that, in what was stipulated. And there is room for reporting, as well as enforcement action where the entities would not comply. So, we have some guardrails. We got back comments on it, too. So we are looking at those comments, but I would like to put a robust process in place. Mr. Gonzalez of Ohio. Great. Thank you. And I yield back the balance of my time. Chairwoman Waters. The gentlewoman from Ohio, Mrs. Axne, is recognized for 5 minutes. Mrs. Axne. Thank you, Madam Chairwoman, and thank you, Director Kraninger, for being here. I appreciate it. I just want to follow up on Ms. Porter and Mr. Heck's earlier questions about our military. In my State, in Iowa alone, we have 255 active duty men and women and another 10,000 National Guardsmen. When you took office as Director, I was really hoping that you would reverse Mr. Mulvaney's misguided decision not to supervise the Military Lending Act. In your response to Mr. Heck, you said that you don't have the authority to conduct examinations. However, in your opening statement, you said that supervision should be a more prominent tool. Can you provide me with a legal analysis backing up this decision not to use that tool? Because I have a letter, right here, from 33 State attorneys general, including my own Tom Miller from my own home State, that said you do have that authority and that you are failing to abide by your statutorily mandated duty to enforce the MLA by not using it. Ms. Kraninger. I have asked Congress for this authority. I would very much like to get this authority. As you look at the Dodd-Frank statute, there were a number of places where the authority on supervision was specifically limited. The reference that I think the people are hanging their hat on is in-- Mrs. Axne. I appreciate that, but can you provide me with a legal analysis backing up your decision? Ms. Kraninger. I'm sorry. I was trying to get to that, but if you would like it in writing, we can do that as well. Mrs. Axne. What is the exact legal-- Ms. Kraninger. Yes. So what the legal pin that people are hanging their hat on here is 1024(b)(1)(c) that gives the Bureau the ability, and I want to make sure I say it properly, to assess and determine risks to consumers. It is to conduct examinations, and to do that in a very broad sense. But again, it is very deep in where limitations are already otherwise provided. Mrs. Axne. I understand what you just said, but I am not following where there is a legal decision to not use that tool of oversight. Ms. Kraninger. So the reason not to, again, it is the reading of that specific language that is the point of contention in where I made my determination that I do not have the authority to do it. It is that-- Mrs. Axne. So am I correct-- Ms. Kraninger. There is an encouragement of an incredibly broad reading of that provision that would actually open the door to all kinds of other things-- Mrs. Axne. Reclaiming my time, please. So am I correct here, when you said you made the decision to not use that authority, that you would discount the legal decision by 33 State attorneys general, including my own attorney general, who is the longest-serving attorney general in this whole United States? Ms. Kraninger. I met him, yes. Mrs. Axne. Wonderful, isn't he? Ms. Kraninger. Yes, he is. I am saying I made the determination that that statute does not actually grant this authority in this case. Mrs. Axne. Okay. So if I am hearing this correctly, you believe that your understanding of this authority outweighs that of 33 State attorneys general, including the longest- serving attorney general in the United States? Ms. Kraninger. I am telling you that Congress vested this authority and responsibility for running this agency in the Director, and that is me. So, yes. Mrs. Axne. Well, thank you so much for that. I would argue that the lack of supervision puts all the onus on our servicemembers to fix, and that absolutely contradicts with our earlier statement that said prevention of harm is your primary goal. But moving onto another topic that I know we are all concerned with, 65 percent of my Iowa college students did have student loans in this past year, owing an average of almost $30,000. But despite that--and more than $1.5 trillion in student loans nationwide--unfortunately, Mr. Mulvaney eliminated the CFPB's office for protecting students.That was the Office of Students and Young Consumers. Do you, and I am not tying you to what his decisions were, but I am asking if you will reestablish the Office of Students and Young Consumers? Ms. Kraninger. There is an office for protecting students; it is called a section. I don't want to parse things or make you think things are different. But we have a group of people at the Bureau who are focused on student issues, and that continues. I have actually posted the job that is a statutorily required position to hire, which is the private education loan ombudsman--so that position would leave that office. Mrs. Axne. I appreciate an office that serves our students, but I believe earlier you mentioned that it is about financial literacy, less about financial protection. Is that correct? Ms. Kraninger. It is the same organization that office was in before. So that is-- Mrs. Axne. So are you focused on financial protection for our students or financial literacy? What is the priority? Ms. Kraninger. The organization, writ large, our responsibility is consumer protection. And we do that using all of the tools that Congress gave us. Mrs. Axne. But I believe that what you are providing more is financial literacy. Is that correct? Ms. Kraninger. So again, the office that you are referring to that was the source of concern existed in that same division which is called consumer education and engagement. Mrs. Axne. Okay. Thank you. Chairwoman Waters. The gentlelady's time has expired. The gentleman from Wisconsin, Mr. Steil, is recognized for 5 minutes. Mr. Steil. Director, thanks for joining us. If there is any benefit of being at the end of the dais at the end of a long hearing, it is that I get to hear a lot of my colleagues on both sides of the aisle ask you questions. If there is one theme, and it really seems like there is today, it seems like both sides want to provide oversight to CFPB, which is kind of interesting, because we have an entity that doesn't allow for congressional oversight. And if you look at the funding mechanism, it comes from the Fed. So you would logically think, being relatively new to Congress and from the private sector, that logically that oversight would stem from the Fed. But that is not true. It is an independent entity without oversight, so if I look at the questions--some of which seem a little big badgering to you--being from Wisconsin, I like the Badgers in general, but it seems like you are getting badgered. Congress should sit and have that conversation as to how we allow Congress to do our role of oversight and not to allow independent agencies to be off and running. But that is a conversation for us; that is not a conversation for you. So I would like to ask you a couple of questions. Early in your tenure you said that the Bureau would follow the rule of law and not engage in regulation by enforcement. And I am concerned that there are still cases of regulation by enforcement that are ongoing inside the agency. And so I would like to ask you, have you conducted a review of the factual basis for CFPB's claims in the cases that it is currently pursuing? Ms. Kraninger. Congressman, I appreciate the question fully, and I take that responsibility to do that. In the 86 days that I have been Director, I have not gone through every case. We have been looking at the cases, particularly enforcement actions as they are coming to decision. But that is something that-- Mr. Steil. Understood. So you can't assure us that today, regulation by enforcement is not occurring? Ms. Kraninger. I can tell you that I believe that the staff are trying to carry out the mission, and are following the direction that I have given them as the leader. They welcome the stability and consistency and my approach to this, so I have had some very good conversations with them. I believe that they are seeking to follow the direction. The one thing I would say is that it is challenging when you have ongoing actions, there is a regulatory record--there is a litigation record, there is a reputation with the courts in terms of making sure that we continue to be recognized from that vantage point too. So all of those things need to be considered as we look at what actions we might take going forward. Mr. Steil. I appreciate that--I appreciate your direction, obviously new to the tenure, but I will just reiterate my concern that we are looking at cases where there are actual consumers who are treated illegally or harmed rather than looking at the broad picture. And so I appreciate your efforts in that regard. Before coming to Congress, I served on the University of Wisconsin Board of Regents, and was heavily involved in higher education. And so student loan debt is front of mind for me, as we look at student loan debt increasing dramatically approaching $1.5 trillion that is sitting out there. And given that CFPB's mission is to protect and educate financial consumers, I assume you are concerned with this trend of increasing student debt? Ms. Kraninger. Yes, I am. Mr. Steil. What role can the CFPB play in improving the outcomes for students and their families? What are you working on? Ms. Kraninger. There are a number of things--I referenced earlier some of our education efforts, there is a literacy component to this, certainly in terms of understanding when you actually enter into a loan what that means for you. We have a few things going on in this space, one is seeking to hire the person who is going to be responsible for thinking about these issues on an hour and minute basis as opposed to where I am coming from. So that position is out to hire, and Congress created that position of the private education loan ombudsman. The other thing that Congress directed the Bureau to do is to enter into a memorandum of understanding with the Department of Education. Obviously, the largest in the student loan market--the largest part of it is the Federal Government in terms of both the lender and the servicing arrangements and by contract that they enter into. So that is an important relationship that we are just starting--at least under my tenure to make sure that we can work on there. I hope to have some progress on that front before the next time I come before you. Mr. Steil. I appreciate that. I look forward to following up, and I appreciate your efforts in those regards. Thank you. I yield back the remainder of my time. Chairwoman Waters. The gentleman from Illinois, Mr. Casten, is recognized for 5 minutes. Mr. Casten. Thank you, Madam Chairwoman, and thank you Director. Staying on the theme of student loan debt, as you know, in our next panel we are going to have Seth Frotman, who in August of 2018 resigned from the CFPB, and in his resignation letter to your predecessor, he said that the Bureau, under your leadership, has abandoned the very customers it is tasked by Congress with protecting. Are you aware of any changes that were made in response to his concerns with the Bureau? Ms. Kraninger. I can tell you certainly I am taking a fresh look at everything that the Bureau does. The office of students, which is now a section focused on student issues, there is certainly a robust focus on research and other things that we need to do across markets. I can't speak specifically to those allegations, frankly, but I am certainly making sure that we are protecting the consumers that we are directed to protect. Mr. Casten. Between August and March, the ombudsman who was tasked to be your ombudsman said that you were failing in your obligations that were granted by Congress. So are you aware, during the prior 6 or 7 months, whether any changes were made to address those concerns? Ms. Kraninger. So again we--I moved to hire that position, it is a statutory position--it is important to have someone who is carrying out those responsibilities. That is certainly where I am going to go in my tenure is working with that individual to set the path forward. Mr. Casten. Okay, well, let me roll back the clock a little bit earlier then. Back in January of 2018, acting Director Mulvaney said, ``We work for the people and that means everyone, those who use credit cards and those who provide those cards, those who take out loans and those who make them, those who buy cars and those who sell them.'' Essentially, he was saying that he saw an obligation both to consumers and lenders. Do you share Mr. Mulvaney's sentiment that your job is to serve both the consumers and the industry? Ms. Kraninger. The Dodd-Frank Act, in fact, gives us a number of responsibilities--and just speaking specifically to industry setting a fair and competitive marketplace or setting it is an overstatement. Supporting a fair and competitive marketplace is certainly part of that niche, and I would say that does help lenders--good lenders that are looking to offer credit and help consumers-- Mr. Casten. No, but I am asking specifically-- Ms. Kraninger. --and reducing regulatory burden. Those are the two things with respect to the market and the lenders themselves for which we have a responsibility. Mr. Casten. I am asking very specifically--in the title of the Bureau is ``Consumer Protection Bureau,'' not ``Lender Protection Bureau.'' Is it your experience that lenders are regularly victimized by consumers and need Federal protection? Ms. Kraninger. I understand what you are saying, Congressman. But I would say that the impact to consumers of what regulatory actions are taken vis-a-vis the market are the things that we are looking at. When there is a burden or a cost, the lenders are in many cases passing that on to consumers, so it has a consumer impact. Mr. Casten. So what-- Ms. Kraninger. That is the part that is our focus is certainly the consumer impact. Mr. Casten. So it is your view that the Consumer Financial Protection Bureau has an obligation to pursue a deregulatory agenda at the expense of consumer protection, is that what you are suggesting? Ms. Kraninger. I am telling you that Congress gave us as a responsibility among others, that we need to weigh--and I need to weigh in every action that we take, that regulatory burden is a consideration. Mr. Casten. I guess I would submit to you that Mr. Mulvaney's quote was not held by his predecessor. My last question is, in March of 2018 the Department of Education said that student loan services should be exempted from State rules that may be tougher than Federal law. This matters for us in Illinois because we recently passed a student loan bill of rights, and all other States have adopted a wide range of requirements to protect borrowers and keep students in check. Do you agree that the Federal Government should be able to override States' rights, and that States' rights should not be allowed to set a higher standard of protection than the Federal Government provides when the Federal Government is failing to fully protect consumers, in the views of the States? Ms. Kraninger. There is a lot packed into that question, Congressman. I would tell you that certainly what is happening in the student lending marketplace is important for the Bureau to understand. We have a responsibility to act from many different facets on that and I certainly do, from my standpoint, as a very general matter, support the States' abilities to exercise their authorities on behalf of their consumers in a variety of ways. That is something that is important. When it comes to this issue that you raised very specifically, that is something that I think we will need to talk to the Department of Education about. I would say having that conversation is something I have not gotten to yet, but it is important. I wanted to have my private education loan ombudsman in place before we had that conversation. Chairwoman Waters. The gentleman's time has expired. Mr. Casten. Thank you. Chairwoman Waters. The gentleman from Texas, Mr. Gooden, is recognized for 5 minutes. Mr. Gooden. Thank you, Madam Chairwoman. And thank you, Director, for the great work you are doing. I realize your job is not to comment on pending legislation, but to carry out what is already passed. Would you agree with that? Ms. Kraninger. Yes, thank you. Mr. Gooden. And kind of think going down the same path with respect to congressional intent of the legislation that created your CFPB and with your oversight responsibilities, do you feel that the CFPB has oversight authority over insurance products in the insurance industry? Ms. Kraninger. The Dodd-Frank Act specifically precluded activity that is State-regulated when it came to insurance. Mr. Gooden. So that would be a ``no?'' Okay, thank you. I yield back. Chairwoman Waters. The gentlewoman from New York, Ms. Ocasio-Cortez, is recognized for 5 minutes. Ms. Ocasio-Cortez. Thank you, Madam Chairwoman. Many of my colleagues here today have rightfully highlighted the extent of the student loan crisis. And it is not just a concern, it really looks like it is a debt crisis that is going to get worse. And so I want to make sure that we are doing everything we can to make sure that we are preventing what could be a major threat to our overall economy. Bloomberg News has reported that the student loan debt crisis is about to get worse, and in fact, the next generation of graduates will include more borrowers who will never be able to repay their loans. Student loans are growing--I have seen almost 157 percent cumulative growth, compared to auto loans, which is just 52 percent. They are being issued at unprecedented rates as tuition and interest rates get higher but wages aren't keeping pace. Student loan debt currently has a 90 percent delinquency rate of all household debt despite the fact that it is now the second largest amount of debt load. So all of these things are pointing to a crisis. In fact, Fed Chairman Powell told Congress last year that these delinquencies may come with a significant negative impact on the broader economy. It is preventing household formation: millions of houses and apartments aren't being purchased. And in fact, Ira Jersey, the chief U.S. rate strategist for Bloomberg stated, ``You have to wonder if the lack of transparency surrounding student loans is intentional.'' He also said that students shouldn't assume their loan servicer has their best interests in mind. So with all that, I have a few questions to make sure we are addressing these issues. Section 1035 of the Dodd-Frank Act requires the Bureau to send Congress reports every year documenting consumer complaints submitted by student loan borrowers. And the Bureau has sent a report to Congress each October from 2012 to 2017. Did the Bureau publish that report in October 2018, as required by Federal law? Ms. Kraninger. No, because the position that is required to submit it under Federal law, which is the private education loan ombudsman--there was no one in that position at the time. Ms. Ocasio-Cortez. So, has it been filed in the 5 months since? Ms. Kraninger. No, it has not been. I am actually in the process of hiring that position and that is, again a part of the reason why it has not been done. Ms. Ocasio-Cortez. When do you think we will be able to get that report? Ms. Kraninger. It is going to take a little bit of time. There are staff in the student office, in terms of-- Ms. Ocasio-Cortez. Is there a projection? Six months, a year? Ms. Kraninger. I would certainly hope that we can get the next report in timely. It is just what time period that is meeting. I hope to get someone on board relatively quickly, but it is a-- Ms. Ocasio-Cortez. So no hard time commitment on when we will get the 5-month-overdue report? Ms. Kraninger. I am happy to get back to you, Congresswoman, on that, specifically. Ms. Ocasio-Cortez. Great. Let me see here, in December of 2016, the Bureau explained how banks and colleges are teaming up to gouge college students with high debit bank account fees, and committed to publishing a report each year documenting the risks to students as part of the annual report on college credit card agreements required by Congress. In December of 2017, did the Bureau include information in its college credit card report about banks like Wells Fargo that are charging exorbitant debit card fees on college campuses across the country? Ms. Kraninger. My understanding--and I responded to another one of your colleagues earlier on this--is that the report included what was statutorily required to be included, but that does pre-date me. Ms. Ocasio-Cortez. Great. And I am concerned as well that in this balance between wrongdoing by some lenders and consumers, that the agency may be erring too much on the side of these lenders that may be engaging in predatory practices. In July of 2017, the CFPB settled with TCF National Bank, a regional bank in Minnesota. The CFPB issued a fine in 2017, claiming the bank deceitfully forced customers to opt into its overdraft services for debit and ATM card transactions, subjecting them to costly fees when their balance dropped too low. In fact, the CEO of the bank that was sued, was also the former head of the Minnesota Republican Party. He owned a yacht named, ``Overdraft.'' But the CFPB issued a fine of $5 million. He agreed to remit $3 million of that to the Federal Comptroller's office. The TCF carries assets that are very large, and I am wondering why the agency agreed to reduce the amount of their fine by $3 million? Ms. Kraninger. Congresswoman, that case in particular, predates my term, but we are happy to get back to you on what we can on that. Chairwoman Waters. The gentlelady's time has expired. The gentleman from Virginia, Mr. Riggleman, is recognized for 5 minutes. Mr. Riggleman. Thank you, Madam Chairwoman, and thank you, Director, for testifying today. You know, I am pretty new to politics, so before I get started, I would like to address an issue that many of my colleagues have mentioned today, which is the politicization of the Bureau. And I would like to note that former Director Cordray, who ran the CFPB from 2012 to 2017, then ran for Governor of Ohio, and was a Democrat. So I think it is inherently political, it is seems to me, based on, we passed a law for the CFPB, but that is suddenly new to politics. So maybe I am naive. It is not a secret and it shouldn't be a secret that I am a freshman Member of Congress. And compared to many of my colleagues on both sides of the aisle, I don't have a whole lot of experience. But even without political experience, I have live experience as a former and current business owner; as somebody who dealt in strategic intelligence, and helping DHS; and also as a 9/11 veteran. And there is something I wanted to thank you for, I looked at your resume. Thanks for what you did during 9/11. I was part of that operation as soon as it happened, so it is something I am very impressed with. I am a novice in politics, but after looking at your resume, I think you are uniquely qualified to do this. With me doing multiple businesses, people would say, ``Why are you running for politics? Why are you trying to get into government?'' I think life experience in trying to manage people but also resources, assets, operational issues, measures of effectiveness, anything to do with H.R., but also mission creep, mission specifics, and every piece of language when you are actually running an organization that big is an incredible challenge. So I thank you for being here today. You are not a novice; I am. So anyway, as we get going, as Director of the Consumer Financial Protection Bureau, you have an awesome amount of power and authority in the Federal financial regulatory sphere. Wouldn't you agree? Ms. Kraninger. I would agree. Mr. Riggleman. Yes. And-- Ms. Kraninger. As granted by Congress. Mr. Riggleman. Yes, granted by Congress. And on the website of the CFPB, it reads, ``The aim is to make consumer financial markets work for consumers, responsible providers, and the economy as a whole. We protect consumers from unfair, deceptive, or abusive practices and take action against companies that break the law. We arm people with the information, steps, and tools that they need to make smart financial decisions.'' As a new Member of Congress, I can already see--including as recently as yesterday in the committee--that the debate about your agency is not about the Bureau's mission or objectives, but about a power grab that is dictated by the political seesaw of what party is in the Majority. I fully support your agency's mission and I think most of my colleagues would agree with that. My question for you, Director Kraninger is, in your opinion, what has your agency done well to protect consumers and what are some areas where that agency has fallen short of its mandate? Ms. Kraninger. I appreciate that question, Congressman, because we always seek ways to continually improve how we are delivering on that mission, and that is certainly where I am coming from. I can tell you, with my interactions with the staff, they have raised themselves opportunities to improve, issues to address, ways to do things better and differently, and I am encouraging that kind of thinking because, again, I don't think it is a full-scale criticism of the past. You know, this is an agency similar to--again, experiences that you noted--standing up any agency or an organization, in the early days there are a lot of mandates that are before you and a lot of things that have to happen in a short period of time given pressure and, frankly, the mission need. And the financial crisis was certainly something that drove many people to come to the Bureau and to want to serve. So I think, in terms of ways to improve, we have talked about using all of the tools at our disposal and thinking about how best to do that. Certainly in our conduct of exams, we have matured and will continue to. I want to be more agile in our examination process as we think about how we are able to pivot to address the risks that we see, how we are able to work with entities that are seeking to comply in a more consistent and stabilized manner. And education, frankly, I am very interested in how we can, again, measure the effectiveness of the things that we are doing in that arena. I am finding a staff that is very excited about the opportunity to do that. Mr. Riggleman. Well, my time is short, but I want to say this. My staff in Congress has allowed me to transition in a way I didn't think possible, especially the professionalism of it. It looks like your staff has done the same thing. And obviously, I had two or three more questions because I actually read some of this and I am pretty excited about what the CFPB could do for consumers, but I am also well aware of what overreach and regulatory weaponization can do to companies, based on when I have been in the DOD, but also in the manufacturing space and also trying to get loans in rural areas. So I thank you for your time. I am not even going to go over time. I think we have about 10 seconds left. So, thank you. And I yield back. Chairwoman Waters. Thank you very much. And let me just remind Mr. Riggleman that serving as the Director of the Consumer Financial Protection Bureau, no matter what your party is, does not eliminate your choice to run for office. The gentlewoman from Virginia, Ms. Wexton, is recognized for 5 minutes. Ms. Wexton. Thank you, Madam Chairwoman. And thank you, Director Kraninger, for joining us here today. As you know, the CFPB was created to protect consumers from unfair, deceptive or abusive practices in the financial marketplace. But I am troubled by many of the anti-consumer actions taken by the CFPB under your leadership and that of your predecessor, Mick Mulvaney, someone who called the CFPB a ``sick, sad joke'' and sponsored legislation to dissolve the very agency he later headed. And it is troubling to me because I am no longer confident the CFPB will fulfill its mission. Now, Director, in your written remarks you discuss the nine items that you are statutorily mandated to report to us about semi-annually. Is that correct? Ms. Kraninger. That is correct. Ms. Wexton. Okay. And the first of those items is significant problems faced by consumers in shopping for or obtaining consumer financial products or services. Is that correct? Ms. Kraninger. Yes. Ms. Wexton. Yes. And the first item that you mention are credit products marketed to non-prime borrowers, correct? Ms. Kraninger. I think that might be the spring one? There are two reports here and both pre-date me. So I apologize, but I am probably a little more familiar with the fall points. I will address it when you have asked the question. Ms. Wexton. Generally, one of the top things that-- Ms. Kraninger. Yes. Ms. Wexton. That appears in that section, right? Ms. Kraninger. Yes. Ms. Wexton. Okay. And would you agree that payday loans and car title loans are lending instruments that are marketed to subprime borrowers? Ms. Kraninger. I believe that it is important to ensure that we do have access to credit. That is why we are looking at this issue-- Ms. Wexton. No. Would you agree--the question was, do you agree that those are loans that are marketed to subprime borrowers? Ms. Kraninger. I do believe that is available to a wide variety of consumers. But I think there have probably been studies to that point. Ms. Wexton. I am from Virginia, and we instituted very strict consumer protection rules on payday lenders at the State level. But I appreciate your remarks about whack-a-mole here today. Because what we have seen is that, although we don't have payday lenders really anymore, we have a lot of car title lenders who have popped up. These storefronts have popped up in low-income areas or especially near our military bases. We have Marine Base Quantico, Norfolk Naval Base, and a number of others here in Virginia. They are not required at this time to determine ability to repay, is that correct, in making those loans? Ms. Kraninger. I won't stipulate exactly what every single company decides to do with respect to its underwriting and with State laws that are in place. There are a number of things-- Ms. Wexton. The question was, they are not required to by the CFPB? The rule that would require that assessment has not gone into effect, is that correct? Ms. Kraninger. It was set to go in effect in--or is set in August, except that it is stayed by the court. So yes, there is not a Federal requirement on them on this point. Ms. Wexton. Okay. Now, would it surprise you to hear that despite the fact that these are marketed as short-term loans, in Virginia in 2015, the average duration of such a loan was 354 days, or just short of a year? Would that surprise you? Ms. Kraninger. There are a lot of studies that have been done on this in terms of what happens in different States-- Ms. Wexton. Right, but this is-- Ms. Kraninger. I am not familiar with that particular study-- Ms. Wexton. Well, I will tell you that I am using statistics from the Virginia State Corporate Commission-- Ms. Kraninger. Understood. Ms. Wexton. So it is not a study, it is statistics from the State itself. Okay, would it surprise you to hear that the average APR for these loans in 2015 in Virginia was 221 percent? Does that surprise you? Ms. Kraninger. Again, you are listing statistics I haven't seen, but I stipulate that they are accurate. Ms. Wexton. But would it surprise you that these loans that are marketed to people who by definition have more trouble repaying them than wealthy folks, or than people who don't have to put their car on the block for it, does it surprise you to hear that the average APR is 221 percent? Ms. Kraninger. I understand what you are getting at in terms of looking at this industry in general. The reconsideration of the rule, and the-- Ms. Wexton. I'm sorry, we are running out of time. If you don't want to give me a yes or a no, I will just reclaim my time. Does it surprise you to know that more than 38 percent of these borrowers went into arrears by 60 days or more and incurred additional fees and penalties, does that surprise you, yes or no? Ms. Kraninger. Again, I know what you are getting at, and in terms of-- Ms. Wexton. Thank you. Reclaiming my time, would it surprise you to know that more than 15 percent of these people had their cars repossessed in 1 year? Ms. Kraninger. Again, I will stipulate that you are listing statistics from the cite that you said in terms of what happens in Virginia. Ms. Wexton. Okay, thank you very much. Given statistics like those, it surprises me that you want to rescind this rule that protects these people. And with that, I yield back. Chairwoman Waters. The gentleman from Utah, Mr. McAdams, is recognized for 5 minutes. Mr. McAdams. Thank you, Chairwoman Waters. Director Kraninger, I know this is your first appearance before our committee, so I want to welcome you to the committee and I hope that we can work together in the coming years to fulfill the CFPB's mission of protecting consumers, while also making sure that consumers have safe access to financial products--that is important. In general, I am a believer that capitalism with proper guardrails and direction can be a force for good. The modern financial system is able to provide credit to borrowers who would otherwise be locked out, and lending can fuel economic growth, which is also important. Whenever I talk to small businesses in my district, they always mention access to capital as one of the biggest hurdles in starting a business and scaling up their business. And so I want to encourage that form of capitalism in particular, because I know the potential a small business loan can unleash for an entrepreneur. And unlike some of my colleagues, I was not in Congress when the Dodd-Frank Act was enacted into law. And I know that everything in that law wasn't perfect, but I remember the Great Recession, and I know, and remember, the pain so many Utah families suffered as they lost their homes. I don't want to go back to those days, and I don't want to go back to the days before the CFPB existed, because I believe it has an important mission and that it fills a critical role-- a critical void that existed during the financial crisis. So Director Kraninger, I wanted to ask you about one of the first steps you took after you were confirmed and sworn into your current role regarding the rollback of the payday rule. In the CFPB's press release announcing the payday rule rollback, and the proposal to rescind ability to pay requirements, your agency said, ``Rescinding this requirement would increase consumer access to credit.'' I wanted to contrast that statement with findings from the CFPB's 2017 final rule, and in the 2017 final rule the CFPB found that half of all storefront payday loan sequences contain at least four loans. One-third contained 7 loans or more, and almost one-quarter of loan sequences contained at least 10 loans in a row. So Director Kraninger, my question, for the one-quarter of people who have taken out 10 loans in a row is, is access to credit their biggest problem, or are they stuck in a debt trap? Ms. Kraninger. I understand the premise of your question, and I would say there are--again, a lot of the rulemakings have different impacts on a number of different consumers. We looked at a wide variety of things from the number of loans affected, the storefronts affected, the loan revenue affected, physical access affected--how that worked with respect to the vehicle title loans versus the payday loans, and the lien sequence--the loan sequences affected. So there are a vast array of cost and benefits that we need to continue to look at. The preceding issue really is the legal sufficiency of the basis for the unfair and abusive practice determination. That is what is being looked at--that is what is being litigated as well, so we were in litigation when I took office--there is a stay in place on that particular issue. It is with that pledge to the court to reconsider and take action-- Mr. McAdams. Expanding access to credit certainly is important, but my question is, what role did consumer protection play in making that decision, because there is a balance between expanding access to credit, and consumer protection, so what role did consumer protection play in making that decision to rescind the rule? Ms. Kraninger. I would say again that is certainly at the heart of what we do as an agency, but at the same time, the guidepost is the law. The legal sufficiency of the arguments that we make is paramount and critically important. I have an open mind because this is an active rulemaking, and because I am telling you that I do have an open mind on this issue, we need to review the record and the evidence through this process, and-- Mr. McAdams. Are you concerned that the proposal on the table now will subject more consumers to high-cost loans that they can't afford and that they will never be able to pay off? How much is that weighing into the factor? Ms. Kraninger. Again, that is certainly a consideration as we are looking at the full body of evidence, and the data that comes forward on this. Mr. McAdams. You know, I think ultimately payday lending can quickly become a debt trap, and I don't think that the proposed rollback strikes the right balance between consumer protection and access to credit. Thank you. I yield back. Chairwoman Waters. The gentlewoman from Pennsylvania, Ms. Dean, is recognized for 5 minutes. Ms. Dean. Thank you, Madam Chairwoman. Director, just in a sentence or, for the clarification of the folks who may be listening in who hate acronyms just as much as I do, what is the mission of the agency that you direct? Ms. Kraninger. The mission of the agency in short is consumer protection, that is absolutely at the heart of what we do. Ms. Dean. Wonderful, and I am so glad for that clarification because it seemed like it morphed into consumer protection and lender protection. So I am so glad to get that clarity from you. With whom did you interview before becoming Director of this agency? Ms. Kraninger. There were certainly a variety of people involved in the process as there are in any of the personnel processes in the White House, and ultimately it is the President's decision whom he is going to nominate. Ms. Dean. So could you tell us some of the people you interviewed with? Names? Ms. Kraninger. I would say again, I don't want to get outside--National Economic Council--again if anyone has worked inside the system they know that is the core organization inside the White House that would be responsible for providing policy input-- Ms. Dean. I don't know who those people are. Could you say who you interviewed with in order to achieve this terrific position? Ms. Kraninger. Well, I can tell you that Larry Kudlow is the National Economic Advisor who runs that organization. Ms. Dean. Meaning you interviewed with Larry? Ms. Kraninger. Yes, I did. Ms. Dean. Okay. Ms. Kraninger. The Presidential Personnel Office, again, helps through the process. And there were interviews with folks there. Ms. Dean. Director Mulvaney? Ms. Kraninger. No, Director Mulvaney was not part of the process. Ms. Dean. Okay. And through that interview process, how were you informed that you got the job? Ms. Kraninger. I had my last step with the President, and my nomination went forward from there. Ms. Dean. So you spoke with the President about the position? Ms. Kraninger. Yes, I did. It is his nomination. Ms. Dean. Okay. And what direction did the President give you in order to appoint you to this important position? Ms. Kraninger. The President told me to go do a good job. Ms. Dean. By that, he meant what? Ms. Kraninger. I presume he meant that I should carry out the responsibilities Congress has given this position as I intend to do and have done. Ms. Dean. He didn't specifically articulate what he thought the job was? Ms. Kraninger. He did not give me any particular direction. I know that is what you are looking for, in terms of anything that I should do on the job or not. He wanted to make sure and satisfy himself that I was the person he wanted to nominate for the job. Ms. Dean. Okay. Well, I am not clear on what the conversation was like, but we will move on from there. In terms of student loan debt, I too care deeply about that because I come from Pennsylvania, and in my home State of Pennsylvania, students have an average debt when they leave college of almost $37,000. Unfortunately, we suffer the second-highest rate in the United States. And as many of our colleagues have discussed, this is not just a problem of student loan debt but the barriers that it creates to other types of borrowing, whether this cripples them from being able to borrow for purchase of a house or save for retirement. So I was interested that the agency, under your stewardship for the last 3 months, left open the ombudsman position. Could you explain to us why that was left open for 6 months? Ms. Kraninger. Yes. I would say first that my predecessor was hoping that I would get the opportunity to actually appoint that position. So it did take a little bit of time to get confirmed. In the time that I have been on board, we had to work with the Treasury Department because Congress actually gave the authority to appoint this position to the Treasury Secretary, despite the fact that the person works for me. There was a little bit of conversation to work out. The position was posted just this week because we got through all of that. Ms. Dean. It was actually posted yesterday. Ms. Kraninger. Yes. Ms. Dean. I was fascinated. One of my colleagues-- Ms. Kraninger. And I could tell you, actually, despite the fact that you may be skeptical, it literally was as fast as I could do it. It had absolutely nothing to do with this hearing. It was getting that done-- Ms. Dean. No, nothing to do with that. ``Wednesday, March the 6th, at 1:30 pm, good afternoon. We are currently seeking candidates for the private education loan ombudsman position.'' I think that is terrific. Finally, we are going to fill that, and we let it go for 6 months, a statutorily created and required position. I might go on. Ms. Kraninger. There are folks in the student offices who are paying attention to student lending issues, and I have certainly met with them and talked to them. But I think that is-- Ms. Dean. Even though your predecessor shattered those. Ms. Kraninger. It is an important note to know. Ms. Dean. In your passion for controlling student loan debt, what recommendations have you made or will you make to this committee to address the student debt crisis? As many of my colleagues have talked about, $1.5 trillion is approaching the burden of home mortgage debt. What specific ambitions do you have to tamp that down and to control predatory lending and to help young people claim their education without burdening their future? Ms. Kraninger. I can tell you very quickly, since we are being gaveled, that education already, I know, is a huge part of this. We need to give students the information, and the parents and the grandparents who are helping them the information they need to assess whether to undertake the loan to begin with. And there is certainly much more. Chairwoman Waters. The gentlelady's time has expired. Ms. Dean. Thank you, Madam Chairwoman. Chairwoman Waters. Mr. Garcia, the gentleman from Illinois, is recognized for 5 minutes. Mr. Garcia of Illinois. Thank you, Madam Chairwoman. Good afternoon, Director. In some of the previous remarks that you made, you mentioned bad actors in the financial services market. Can you tell us who some of the bad actors are? Ms. Kraninger. Congressman, I appreciate why you are asking that. I would say, I can't stipulate that. There are a number of entities who have had enforcement actions taken against them by the Bureau. There are ongoing investigations right now that are not public, where there is a concern that unfair practices and other violations of the law have taken place. Mr. Garcia of Illinois. Okay. I appreciate ongoing investigations, but who are some of the bad actors that were moved on by the Bureau? Ms. Kraninger. Perhaps the best example I can give you of a public action that was recently taken, and that is one that I know the committee asked about but perhaps it sets the tone, in terms of injunctive relief--one of the things that the Bureau can do is actually preclude an entity from engaging in and debarring them from an opportunity to even participate in the marketplace to begin with. We had an entity with an extraterritorial presence. They were not present in the United States and they were yet trying to deceive and engage in illegal conduct in the process. Mr. Garcia of Illinois. And who was that? Ms. Kraninger. It is Northway that we were--it is a complicated, again, structure, in terms of who it is. Mr. Garcia of Illinois. Any others come to mind? Ms. Kraninger. That one just, at least, gives you the example because they are completely debarred as part of the consent order from engaging at all in our financial system. Mr. Garcia of Illinois. Okay, fair enough. Any others within the last 3 months of your tenure? Ms. Kraninger. Certainly, there are enforcement actions that have been taken. I mentioned in my statement, and it is public information, that I signed consent orders on Cash Time, Enova, Sterling Jewelers, and an individual name, Mr. Corbitt. Mr. Garcia of Illinois. Okay, good. I like the specificity. I think that helps to send a message to the bad actors if we truly care about that. Let me change gears quickly to the topic of student lending, which previous Members have raised with you. Latinos comprise about one-third of the folks who are not currently making payments on their student loans. This is less than African Americans but still slightly higher than whites. Of those Latinos who are not making payments, almost half, 46.4 percent, are not making payments because they are in forbearance or in the grace period. What is the CFPB looking at doing for communities of color, in terms of student debt counseling? And how are student debtors being guided away from forbearance and default? Ms. Kraninger. I can tell you, Congressman, we do provide a number of educational tools, and information to students. I think we can do a better job getting some of that information out more widely in the different stages of the process. Mr. Garcia of Illinois. Are you going to? Ms. Kraninger. Yes, it is absolutely something I am looking at. As I noted, having the private education loan ombudsman position filled will be extremely helpful, in terms of getting recommendations on the inside. I have a number of individuals dedicated to this issue, in the students' office. And they have made recommendations and certainly set a strategic plan of the activities that we are going to undertake in this space by their recommendation. But having the person in charge of the office will certainly help. Mr. Garcia of Illinois. We will be watching closely on that front. My last question is, are you seeking to renew the memorandum of understanding (MOU) that was done away with by the Secretary of Education and your agency, since it seemed to have a pretty doggone good purpose and function? Ms. Kraninger. I would agree that it had a good purpose and function. And I would note that, obviously, Congress required us to have that MOU in place. So it is a priority to have the conversation-- Mr. Garcia of Illinois. By when? Ms. Kraninger. --with the Department of Education on that. Mr. Garcia of Illinois. So is that a yes? Ms. Kraninger. Yes, it is. It is a definitely a priority to move forward on that. Mr. Garcia of Illinois. Okay. Thank you. I just want to point out that matters like the MOU and the student loan study are very, very important, and it is very key to be aware of the student loan study, and to have a full understanding of the student debt problem, particularly as it is affecting communities of color. And I will be asking in the future for reports on that. Thank you, Madam Chairwoman. I yield back. Chairwoman Waters. Thank you very much. The gentlewoman from Texas, Ms. Garcia, is recognized for 5 minutes. Ms. Garcia of Texas. Thank you, Madam Chairwoman. And thank you, Director, for your endurance. I know it has been a long hearing. And the good news is, I am the last one who appears, unless Mr. Phillips shows up. So the end is in sight, perhaps. Somebody else is waiting, too? Well, that is what happens. Ms. Kraninger. Yes. Ms. Garcia of Texas. But I want to zero-in on your listening sessions. I had some questions related to payday loans and payday lenders. I always tell everybody payday lenders do nothing but make poor people poorer. And I don't usually even use the word ``hate'' because my parents taught me at an early age, and my faith, not to hate anybody. But I really do hate anchovies, eggplant, and payday lenders. Because I really do think that they prey on poor people and the most vulnerable populations. And I hope that you do reconsider changing any of the rules that have been in place, that have provided more protections. But I wanted to zero-in on people who have cultural language barriers, that add to this issue and that make it harder for them to do business with some of the financial institutions that are under your oversight. I saw that you all have looked at fair lending enforcement. I looked at this and I also found a report that you all made on serving the limited English language population. So I was curious, when you went to New York and Chicago and San Francisco on your listening tours, did you visit any of the minority or poverty populations, or any of the community-based organizations that are involved with representing them, to really look at the concerns of that population of consumers? Ms. Kraninger. I did absolutely meet with the organizations. It was due to time and some very constrictive things that I didn't get to go out to those organizations but I have expressed my interest in doing that. But I have met with-- Ms. Garcia of Texas. Which organizations did you visit with? Ms. Kraninger. We can probably get back to you with a list. I apologize that it is not readily at my fingertips. But it was a myriad of organizations and hearing their concerns was important to me. Ms. Garcia of Texas. Right. Because it strikes me that at least New York, Chicago, and San Francisco--I may have missed one that you mentioned--are certainly recognized as financial banking centers. I was afraid that you were listening to the lenders and not to the poor consumers. Ms. Kraninger. No. I absolutely have met with consumer advocates in those cities, legal aid organizations as I said, too. And I did have a housing counselor and his client actually there at one of them, and he was an Hispanic-American gentleman. Ms. Garcia of Texas. Well, I would certainly hope that when you continue these sessions--and I would encourage you to do that--that, of course, you come to Texas, you come to Houston-- Ms. Kraninger. Yes. Ms. Garcia of Texas. And that you come to listen to those who are not as proficient in English or not as culturally used to using some of our lending in financial institutions. And Madam Chairwoman, I do have a document I wanted to submit for the record. It is called, ``Spotlight on Determining Limited English Proficient Consumers-- Chairwoman Waters. Without objection, it is so ordered. Ms. Garcia of Texas. Thank you, Madam Chairwoman. Also, I wanted to zero-in on immigrant communities. Have you visited with any immigrant communities, or any people who deal with immigrant communities other than payday lenders? Because immigrant communities, from some of the data I have seen, make up about 14 to 15 percent of the consumer borrowing, consumer transactions in this country, so they are obviously contributing a lot. So what protections are you going to plan, or are you involved with or what is on your horizon as you are moving on with your position, on making sure that we protect the immigrant population from the abuse of payday lenders and others? Ms. Kraninger. I can tell you that the purview of the CFPB is to protect all consumers and I take that seriously. I did remember one other institution that, perhaps, gets to an answer of both of your questions. There was a community banker, actually, who was in a New York meeting who was an Asian American and running a bank specifically to help the Asian American community in New York where much of the population was immigrants-- Ms. Garcia of Texas. Thank you. I would encourage you to do more of that. And very quickly, what efforts would you be making for outreach to those communities? I know this same report that you gave us today outlines a lot of materials, pamphlets. And it takes more than just preparing a preparing a pamphlet in Spanish. It takes more than preparing a pamphlet in Chinese. It is really about outreach and making sure that people have an opportunity to learn how to use the banking system and, frankly, they learn how not to get ripped off. Chairwoman Waters. The gentlelady's time has expired. Ms. Garcia of Texas. Thank you, Madam Chairwoman. Ms. Kraninger. If I could, Madam Chairwoman, there is an Office of Public Engagement and External Affairs and an Office of Community Affairs that is responsible for thinking about the issues that those populations face. Ms. Garcia of Texas. Okay. Thank you. Chairwoman Waters. Thank you. The gentleman from West Virginia, Mr. Mooney, is recognized for 5 minutes. Mr. Mooney. Thank you, Madam Chairwoman. Direcor, if there was anything else you wanted to follow-up on that, I am happy to yield you another minute. Ms. Kraninger. No, but thank you. Mr. Mooney. Okay. Well, I know it has been a long day and I am sure you have had a lot of tough questions. And some of my friends on the other side of the aisle would like to see you be more active, go outside your area, be more aggressive. I am, frankly, the opposite of that. I don't think your department should exist. I would abolish it tomorrow if I could. It should never have been created to begin with. But that being said, you are there now, and your predecessor testified last year. And he bragged that for every dollar CFPB used to investigate people, they were able to bring back $7 into the CFPB. And that was, for him, a point of pride. I was a little concerned that he is measuring his success by how much money he can get from people he investigates. How do you measure your success in what you are doing? Is it by how much money you can get from people in settlements? Ms. Kraninger. Congressman, this is a very important question because I think it gets to the heart of how we do what we do. I am still in the midst of my listening tour, really trying to hear from all the stakeholders about what they think on that front. What I am starting to formulate around is a focus on prevention of harm, that is obviously a challenge to measue, to your point, in getting at measuring success is important, looking at that challenge from how education changes behavior certainly in this space and how we can get our education materials to those who need them, and see change happen, frankly all communities in need on that front. But no one measure, as in the number of fines that are imposed, or the measure of staff that we have--others have said that to me, it is not that alone, it really is about outcomes and achievement of the mission which is protecting consumers. Mr. Mooney. Well, thank you for that. There is a new movement in this country of socialism, some of my colleagues on the other side of the aisle are socialists--they don't think capitalism should exist in America. They don't think that companies that they would like you go to after should exist as profitable companies. They have a different view of the world, and I hope you do not take that view. This country was founded and became successful because of capitalism and free markets, and just because they have a corporation after their name or their business is profitable doesn't make them bad, doesn't make them guilty. And I think there are those who believe all companies are somehow guilty, and they have to prove that they are innocent, and I take great offense at that. Everybody is innocent until proven guilty in this country-- not guilty until proven innocent. And I think from what I have seen in a lot of departments in the last Administration and in your department, there might have been a view--I am not saying you have this view, I hope you do not. But I think there was a view that you just go after these businesses and you dig, and dig, and dig until you find something. And they are all going to be guilty, so let's just keep going until they basically pay a settlement and beg for mercy and get out of whatever investigation is going on. So I urge you not to do that going forward. Follow-up question, the CFPB structure has been an issue in multiple jurisdictions. Judge Loretta Preska of the U.S. District Court for the southern district of New York ruled the structure to be unconstitutional, limiting the Bureau's authority to pursue claims, how do you interpret these rulings? Ms. Kraninger. Congressman, I recognize that the litigation is ongoing on these issues, and I don't intend to comment on, nor does the Bureau comment on ongoing litigation. I will tell you that it is my responsibility to continue to carry out the mission that Congress gave this Bureau until that changes. Mr. Mooney. Okay. I am just going to conclude by saying there are a lot of patriotic Americans who love this country, who have built businesses and treat their employees very well. They want to make a profit so that their employees can have good paying jobs and take care of their families, invest in their children's futures, be able to go to college and have a better life. There are a lot of good men and women out there who have done this, that I think have been unfairly treated by their own government from various agencies. So I am glad we have some new blood in there now. Again, as I said at the beginning, I don't think this ever should have been created and Dodd-Frank was a mistake, but I encourage you to be fair to people. Thank you. Chairwoman Waters. Mr. Mooney, I would caution you to refrain from identifying others or characterizing them in relationship to their political party or whether or not they are capitalists or socialists. I don't think anybody has identified that to you, and so I would hope you would refrain from doing that-- Mr. Mooney. If the Chair is announcing a point of parliamentary procedure-- Chairwoman Waters. No, the Chair is not, the Chair-- Mr. Mooney. But if the Chair is giving an opinion, this is not a conformist-- Chairwoman Waters. The Chair is taking the opportunity to utilize her ability to intervene when she thinks it is necessary. Mr. Mooney. Am I allowed to say my friends on the other side of the aisle-- Chairwoman Waters. No, you may not. Mr. Mooney. Is that against the rules too? Chairwoman Waters. The gentlewoman from Massachusetts is recognized for 5 minutes. Mr. Mooney. Is the Chair stating a point of parliamentary procedure? Is the Chair stating a point of parliamentary proceeding-- Chairwoman Waters. No, the Chair is not asking or stating parliamentary procedure. The Chair has made her statement and is moving on. Mr. Mooney. Does the Chair believe in free speech? I hope you believe in free speech because I do. Chairwoman Waters. The gentlewoman from Massachusetts, Ms. Pressley, is now recognized for 5 minutes. Ms. Pressley. Thank you, Madam Chairwoman, and thank you, Director Kraninger. You know, certainly you have a job to do, and it just so happens that our job is to make sure that you are doing your job, which is to protect borrowers. I will be picking up on some of the line of questioning that was offered earlier, and I apologize in advance if it is repetitive, but some things I just want to make sure that we have clarity on for the purposes of the record, if you will indulge me. So across my home State of Massachusetts, more than 850,000 people owe $33 billion in student debt. As was alluded to earlier, the Massachusetts seventh district is certainly not an anomaly; this is true for many Congressional districts. This debt is acting as a barrier to economic mobility and further exacerbating inequities and economic disparities--it impacts purchasing power, one's ability to start a family, to purchase a home, to save for retirement. So there is an individual impact and then a tsunami of hurt, I do believe, on our economy and perhaps for generations. Yes or no, would you agree that we have a student debt crisis in our country? Ms. Kraninger. Certainly, growing student debt is a concern that we absolutely need to look at and ensure that people going into debt-- Ms. Pressley. Yes or no--would you agree that we have a student debt crisis in this country? Ms. Kraninger. I think that word is a very loaded word and-- Ms. Pressley. I will take that as a ``no.'' Okay. Research has shown that student debt, particularly defaults and delinquencies, have a disproportionate impact on certain borrowers, particularly black and Latino borrowers. Despite the fact that all Federal student loan borrowers have a right under Federal law to an affordable student loan payment, the Bureau is responsible for administering fair lending laws including the Equal Credit Opportunity Act intended to protect consumers including student loan borrowers from discrimination by financial service firms. Does the Bureau expect student loan companies, specifically student loan servicers, to abide by these fair lending laws, yes or no? Ms. Kraninger. Yes. Ms. Pressley. Thank you. In April 2017, under Director Cordray, the Bureau announced that it was prioritizing oversight of student loan servicers in its fair lending work. Since the Bureau's 2017 announcement, has the CFPB ever informed the public that it is no longer your priority to police discrimination in the student loan servicing market, yes or no? Ms. Kraninger. I think what you are asserting is not perhaps accurate. I think that we continue to take actions through the supervisory work and through the enforcement work in this area. The broader challenge is of course that the Federal Government is a very large player in the student loan arena and so the Department of Education has roles and responsibilities here that have also been given to them by Congress. Ms. Pressley. Okay, so are you honoring the law or not? Ms. Kraninger. Absolutely, the Bureau continues to operate in this space, with identified student loan servicers as a larger participant in the market place. The issue is Federal-- Ms. Pressley. And policing specifically discrimination, because this is what I am really concerned about--that the Bureau is unwilling to take on Betsy DeVos and the student loan industry to obtain the records and data needed to effectively police this potential discrimination or fair lending violations in the student loan market. Ms. Kraninger. So now you are getting to the heart of the matter. I absolutely want to address this issue with the Department of Education. We have a responsibility in statute to have a memorandum of agreement on the issue that you are relating. Ms. Pressley. Okay. Ms. Kraninger. It is not an MOU that is in place today. It is a conversation that we need to have. I want to have the private education loan ombudsman in place to have that conversation and facilitate a productive working relationship going forward with the Department of Education so they can carry out their responsibilities and the Bureau can carry out its responsibilities. Ms. Pressley. Very good. Has any student loan servicer ever relied on the December 2017 memo or refused to provide documents to the Bureau's office of supervision, or office of fair lending? Ms. Kraninger. I'm sorry, can you repeat the beginning of that? I am not sure I am familiar with the particular matter-- Ms. Pressley. Okay, so this is the matter that you said was getting at the heart of the matter. In December 2017, the Department of Education sent a memo to all the private sector companies it contracts with to perform student loan servicing. The memo specifically instructed these firms to stop sending documents to third parties, which in turn blocked State law enforcement officials, such as attorneys general, from accessing key records. Are you familiar with that? Ms. Kraninger. Yes, I am. Ms. Pressley. Okay. Has any student loan servicer ever relied on this December 20, 2017, memo, and refused to provide documents to the Bureau's office of supervision or office of fair lending, yes or no? Ms. Kraninger. I do not know the answer to that question, but we can certainly find out. Ms. Pressley. Thank you. Chairwoman Waters. The gentlelady's time has expired. Ms. Pressley. I yield back. Chairwoman Waters. Thank you. The gentleman from Connecticut, Mr. Himes, is recognized for 5 minutes. Mr. Himes. Thank you, Madam Chairwoman, and thank you for that attempt to call out the intellectually bankrupt statement of one of our colleagues on the other side. I have a slightly different view, which is that if that is the best they got, calling us who are here because we want a capitalist market system that is regulated in such a way as to provide a decent opportunity to most Americans--if they are so intellectually bankrupt that they can only respond to that by name-calling and taking Fox talking points and calling us socialists, if they would rather do that than defend the one thing they got done which was a massive tax cut handing $2 trillion to the very wealthiest people in this country, if all they have is to point at us and call us socialists, Madam Chairwoman, I would say let us let them do that and let us let the American people see what is going on. But Director, I want to say thank you for being here. I may be the last questioner and I appreciate your-stick-to-it- iveness on this hearing. I really believe that the mission of the CFPB is essential, and we talked about this when we had a phone call a number of weeks ago. I don't understand why people would look to do away with an agency, even as we have a debate about how it should be structured and what its scope of activity should be, I don't know why we would do away with an entity that has returned $12 billion to consumers who were defrauded when we all know that there is predatory behavior out there. I have a set of questions that you have heard before and I am hoping to elicit maybe some specific commitments on your part. You have heard a lot about student borrowing here and I think that is because there has been a track record of actions taken prior to your leadership of the agency that have really taken some of the fangs out of the institution with respect to student learning. And we care about this because we are talking about a very vulnerable group of young people in which we have a huge outstanding volume of student loans. There will be some testimony later on that alleges a couple of things and I would like to get your specific responses to them. The Student Borrower Protection Center is testifying that in December of 2017, the Bureau refused to publish findings documenting the behavior of large banks with respect to their treatment of student borrowers, alleging that in February 2018, the political leadership of the Bureau blocked attempts by career staff to stop the Department of Education from regulating the market. In May of 2018, the political leadership of the Bureau shuttered the only office in the Federal Government whose sole mission was protecting student borrowers. So I would love to get you in this last 2 minutes or so to respond to those. Do you support them, do you intend to reverse those things, and specifically, apart from the ombudsman which you have talked about, what specific commitments can we expect from you in terms of protecting student borrowers? Ms. Kraninger. Thank you for the question, Congressman. I think the ombudsman position heads up the office--it is called a section, so I think that is where we are parsing words here, but there is a group of people at the Bureau who are focused on this particular set of borrowers and the challenges that they face. And so that office is already actively engaged in looking at the needs of students in particular and trying to respond to them consistent with our mission. We have a number of educational tools and things that are available to students to think about how they enter into the process, what they can expect after the process, so we are trying to get that educational information out as best we can. I would say the means of providing education these days and technology changes to reach students is something that I think we need to look at further to make sure we can actually reach them where they want to be reached with this kind of information. But that is-- Mr. Himes. Let me stop you there quickly because you are describing an office that exists. I appreciate that and you said you think it needs to be looked at. I guess I am looking for just a little bit more sense from you as a Director with a great deal of discretion about how you allocate resources and where you focus. I guess I am looking for a specific statement from you about how important you think this is and whether you think you will devote a meaningful portion of your time and resources to making sure that this market is well-regulated and fair to students beyond what exists today. Ms. Kraninger. Understood. It is certainly a significant market. I think it is something that the Bureau needs to work on with the Department of Education to set up what the rules are going to be in this space and make sure they can carry out their responsibilities and we can carry out ours. And that is a conversation that, again, in my short term I have yet to have and I would like to have the private education loan ombudsman position in place to do it. But you certainly have my commitment that we will move forward on that MOU with them and we will understand better what those relationships need to be so that we can provide the certainty and carry out what the Federal Government's responsibilities are. Mr. Himes. I appreciate that. In my remaining 2 seconds, I would just draw your attention in particular to the fact that a lot of students experience problems as loans are sold to additional servicers. So I would just highlight that. I had some personal experience with that and I would just highlight that as an area where I hope for focus on your part. And thank you, Madam Chairwoman. I yield back. Chairwoman Waters. Thank you. The gentleman's time has expired, and that is our last Member who will be questioning you today, Ms. Kraninger. I would like to thank Ms. Kraninger for her testimony and her time. I know it has been 4 hours, and I appreciate the fact that you were able to stay with us today and respond to our concerns. So thank you very, very much. With that, the committee will take a 30-minute recess and reset the room for the second panel. The committee will stand in recess. [recess] Chairwoman Waters. The committee will come to order. We now have a distinguished second panel: Mr. Hilary Shelton, director and senior vice president for advocacy and policy, National Association for the Advancement of Colored People, that is the NAACP; Ms. Linda Jun, senior policy counsel, Americans for Financial Reform; Ms. Jennifer Davis, government relations deputy director, National Military Family Association; Mr. Seth Frotman, executive director, Student Borrower Protection Center; and Mr. Scott Weltman, managing director at Weltman, Weinberg and Reis. Without objection, your written statements will be made a part of the record. Each of you will have 5 minutes to summarize your testimony. With 1 minute remaining, a yellow light will appear. At that time, I will ask you to wrap up your testimony, so we can be respectful of both the witnesses' and the committee members' time. Mr. Shelton, you are recognized for 5 minutes to present your oral testimony. STATEMENT OF HILARY O. SHELTON, DIRECTOR & SENIOR VICE PRESIDENT FOR ADVOCACY AND POLICY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE (NAACP) Mr. Shelton. Thank you, and good afternoon, Chairwoman Waters, Ranking Member McHenry, and the sitting members of the Financial Services Committee. It is a real honor and pleasure to be here today to speak on a crucial issue to the NAACP: the need for the restoration of a strong Consumer Financial Protection Bureau. As I have often said in congressional hearings and briefings prior to the passage in 2010 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, predatory lending is one of the leading civil rights equal opportunities and equal protection issues of our era. During those briefings, I was referring primarily to targeted, unsustainable mortgage lending. Although predatory lending, in fact, refers to this problem and so much more. In 2010, however, Congress passed and the President signed into law, the Dodd-Frank Wall Street Reform and Consumer Protection Act. This bill not only prohibits some of the most outrageous practices we were witnessing by predatory mortgage lenders, but it also created the CFPB. From our perspective, it is the job of the CFPB to educate and protect consumers from experiencing any horrors, the like of the economic collapse of 2008. This is especially important to groups like ours, and the people we serve at present and represent in every State in our country as well as American soldiers, including those deployed overseas. These are the people who were targeted by unscrupulous lenders. In the first 5 years of its existence, I would argue the CFPB was on the right track in terms of informing the American people and protecting American consumers. In my written testimony, I have supplied a number of CFPB successes up to December of 2016. They are sufficiently numerous that I will simply refer you to my written testimony. Today, unfortunately, the CFPB is but a shell of its former vibrant and effective self. In just 2 years, Congress and the current Administration have effectively neutered the CFPB. And in doing so, they have dramatically decreased the protections we were able to gain. Since 2016, Congress has passed and the President has signed no fewer than 16 congressional view acts, CRA resolutions, some of which were aimed at actions taken and rules issued by the CFPB. Congress also passed, and in May of last year the President signed, the misnamed Economic Growth, Regulatory Relief, and Consumer Protection Act. Among other things, this law will represent 85 percent of depository and lending institutions from full reporting on loan data under the Home Mortgage Disclosure Act or HMDA. Without this crucial data, which is currently required, regulators and others like the NAACP would once again be left without the information we need to see patents and loan terms and loan amounts that would unfairly increase cost and risk of foreclosure for borrowers. Furthermore, Acting Director Mulvaney took the teeth out of the office of Fair Lending and Equal Opportunity by illuminating its supervisory and enforcement powers, a trend which has sadly been continued by his successor, Director Kraninger. There is also the fact that CFPB's Office of Fair Lending and Equal Opportunity is now being led by a political appointee who has expressed numerous questionable views on the challenges faced by every American it is meant to protect. To say that he does not inspire the confidence of racial and ethnic minority communities served by the NAACP, as well as other members of protected classes, is simply being polite. We fear for the economic well-being of our families, neighborhoods, communities, and our nation because we were beginning to see the good that a strong CFPB can do, and we know what we are losing. The NAACP is proud to support a number of pieces of legislation to rebuild the CFPB, most notably the bill which was introduced by you, Chairwoman Waters, and many of our colleagues here today, entitled the Consumers First Act. Put simply, the Consumers First Act pushes the CFPB back to the carrying out of its statutory purpose of putting American consumers first and protecting them from bad actors by taking a number of proactive, pro-consumer steps. Madam Chairwoman, the income gap between white Americans and Americans of color continues to widen. Yet, our communities are consistently being targeted by nefarious financial servicers with their unsustainable wealth steaming products. We need protection. I have often compared the communities we represent and serve to the proverbial canary in the coal mine. The weakening of the very agency that was designed to provide information and protection should be seen as a warning, one that we remember all too well leading up to the 2008 financial meltdown. The decimation of the CFPB hurts all Americans. We should all be concerned and quite frankly outraged. Thank you again for allowing me to testify. I stand ready to answer whatever questions the committee may have. Thank you so much. [The prepared statement of Mr. Shelton can be found on page 158 of the appendix.] Chairwoman Waters. Thank you very much. Ms. Jun, you are now recognized for 5 minutes to present your oral testimony. STATEMENT OF LINDA JUN, SENIOR POLICY COUNSEL, AMERICANS FOR FINANCIAL REFORM Ms. Jun. Chairwoman Waters, Ranking Member McHenry, and members of the committee, I thank you for inviting me to participate in today's hearing. My name is Linda Jun, and I am senior policy counsel at Americans for Financial Reform (AFR), a coalition of over 200 groups working for a safer and fairer economy. Our member organizations represent the consumers, workers, seniors, servicemembers and veterans, students, people of color, and unrepresented communities across our country who rely on the consumer protections that the CFPB was created to strengthen, support, and enforce. But before coming to AFR, I was a legal aid attorney representing low-income families in foreclosure cases. Most of my clients were people of color. My clients, just to give you an example, included an African-American police officer who fell behind on his mortgage after his sister fell into a coma, an immigrant family from Nepal who were tricked into taking out an interest-only adjustable rate mortgage to buy their first home in America, and a Vietnamese-American homeowner who spent 2 years trying to negotiate with his bank on a resolution to save his home when the bank sued him anyway on foreclosure without ever giving him an answer. I saw the most vulnerable consumers, including the elderly and disabled, especially them, targeted for scams and predatory products. Households like these are the ones who suffered the most harm in the 2008 crisis. They are the very people in need of the strong consumer protections the CFPB put into place. Before the CFPB's mortgage servicing rules went into effect, even with my assistance, negotiations with banks would drag on for months or years because often banks and their attorneys would provide us with inaccurate or incomplete information. The CFPB's mortgage servicing rules directly improved my ability to help people and have improved outcomes for the people I served, because they provided me with a tool to push companies to either give us an answer or to properly review my client's applications. As a result, we were able to keep more people in their homes. We were able to give them the fair deal for which they qualified. One of my cases that sticks out is of a client who was overcharged $3,000 of attorney's fees past the guidelines that is allowed to be charged. It was through the CFPB's error resolution procedures that we were able to get that amount taken off her account. It made her mortgage ultimately more affordable. The public complaint database also greatly improved my ability to help people. Before the database, both my client and I suffered enormously trying to get the answers that we needed from the bank, froms simple questions about accounting, to more complicated answers about why they were being denied whatever resolution they were seeking. After the complaint database, once we were able to start filing complaints, companies started responding. Sometimes even just the threat of filing a complaint would finally give us an answer we weren't able to get for months, simply because the database is a public place. I have seen firsthand, through these experiences, how the CFPB has strengthened consumer protections, giving the ability to help consumers stand up for themselves, which is why I am especially concerned about the ways the current CFPB is undermining consumer protection. Instead of understanding for people like my clients, the Mulvaney CFPB has favorite industry interests, and this pattern is continuing with Director Kraninger. Under their leadership, the CFPB has proposed to resend the ability-to-pay requirement of the 2017 payday rule, which simply requires lenders to determine whether a borrower can afford to repay before issuing them a loan. These loans again, as we have heard this morning, average approximately 300 percent. The 2017 rule was a culmination of 5\1/2\ years of research, evidence, and stakeholder input, and nothing has changed in the payday lending over the last 18 months that supports a rollback of these protections. They have also issued proposals that would exempt not only individual companies, but trade associations and entire industries from oversight, and seek to guarantee them a sweeping safe harbor from liability, enforcement or supervisory rate findings, both by the CFPB but also for enforcement by Federal agencies, States, and consumers' own private rights of action. There is no guarantee a new product will be better for consumers, just because it is new, and there is no guarantee that products won't harm consumers, either intentionally or unintentionally, and yet the CFPB's no action letter and product sandbox policy proposes to just excuse companies from liability for a new idea. More disturbingly, even despite the particularly unknown dangers of new products, the CFPB does not require any consumer input into the process or ongoing reporting after their application is granted. The CFPB should do more, not less, when looking into new products. As you have heard this morning, the CFPB has also on relaxed its enforcement. We are concerned because robust outcomes serve as a deterrence to bad actors, but recent settlements have been sending the opposite message. The CFPB has an obligation to put consumers first, and it is currently falling woefully short. We thank you for holding this hearing and ask that you hold the CFPB accountable to the statutory purpose of protecting consumers. Thank you. [The prepared statement of Ms. Jun can be found on page 136 of the appendix.] Chairwoman Waters. Thank you very much. Ms. Davis, you are now recognized for 5 minutes to present your oral testimony. STATEMENT OF JENNIFER DAVIS, GOVERNMENT RELATIONS DEPUTY DIRECTOR, NATIONAL MILITARY FAMILY ASSOCIATION Ms. Davis. Chairwoman Waters, Ranking Member McHenry, and committee members, thank you for holding this hearing and for extending the opportunity to testify before the committee on behalf of the National Military Family Association. As a veteran and a spouse of an active duty servicemember, I am both honored and humbled to speak from the military community perspective regarding recent policy shifts of the Consumer Financial Protection Bureau and the importance of protections found in the Military Lending Act. Prior to the enactment of the Military Lending Act or MLA, quick cash stores, used car lots, pawnshops, and title loan companies clustered around military installation gates. The net laid by these predatory lenders was extensive, and for some military families struggling financially due to a recent move or lack of spouse employment, the draw was too great. These lenders provided attractive options to military families, offering quick loans and anonymity with no intrusive questions surrounding credit history or the ability to repay. Often, however, interest rates soared into the triple digits, annual percentage rates of 200 and 300 percent were common, and in States that had no rate caps, they ran as high as 700 percent. And then the Military Lending Act (MLA) was passed. The MLA's passage capped interest rates at 36 percent on many loan products for servicemembers, and protected military families from mandatory allotments of pay, forced arbitration, and penalties due to early loan repayment. In 2010, the Consumer Financial Protection Bureau or CFPB, was created after the financial crisis of 2008, and granted executive and administrative authority and implementation of Federal consumer financial laws through rules, orders, guidance, interpretations and statements of policy, examinations, and enforcement actions. While the MLA was not included in that group of laws at the time, it was CFPB's creation, the Fiscal Year 2013 National Defense Authorization Act, that changed that, specifically referencing administration of the MLA in compliance with Section 108 of the Truth in Lending Act and any applicable authorities. However, recently we have become alarmed at CFPB's decision to no longer supervise lenders for compliance with the Military Lending Act. Current leadership has expressed the opinion that the agency does not explicitly have the authority to supervise examinations to ensure Military Lending Act compliance. We disagree. We urge CFPB to reverse this decision. In February, CFPB announced a proposal to delay implementation of the payday lending rule. Currently, the rule is set to be implemented in August of this year, but the proposal would push this date back to November 2020. In the same announcement, CFPB introduced a proposal to reverse underwriting requirements of lenders before issuing loans. CFPB's belief is that such a reversal would enable consumers to obtain increased access to credit. While reversing this provision may, in fact, increase access to credit, what would be the cost to consumers? Conventional wisdom and economic theory state a lender should ensure a consumer's ability to repay before extending credit. We believe lenders who do not take this approach are simply preying on consumers with a business model that relies on revenue from rollovers, late fees, and penalties. Reversal of the payday lending rule would place consumers at greater financial risk, which goes against CFPB's very purpose to protect consumers. The National Military Family Association believes, due to the importance of the payday lending rule as currently written with underwriting requirements included, that any delay by CFPB would put consumers--to include veterans and their families who are not protected by the MLA--at increased financial risk. We urge CFPB to maintain the integrity of the payday lending rule as written, thereby protecting consumers. Evolving world conflicts keep our military servicemembers and their families on call, even as they are dealing with the long-term effects of almost 2 decades of war. The government should ensure that military families have the tools to remain ready, and MLA is one of those tools. The Military Family Association implores CFPB to maintain the integrity of the MLA and protect the financial readiness of America's servicemembers and their families. Thank you for your time. I look forward to your questions. [The prepared statement of Ms. Davis can be found on page 114 of the appendix.] Chairwoman Waters. Thank you very much. Mr. Frotman, you are now recognized for 5 minutes to present your oral testimony. STATEMENT OF SETH FROTMAN, EXECUTIVE DIRECTOR, STUDENT BORROWER PROTECTION CENTER Mr. Frotman. Thank you. Chairwoman Waters, Ranking Member McHenry, and members of the committee, thank you for the opportunity to testify today. In March of 2011, I had the honor of joining the CFPB, and that is where I would like to start today, by recalling what this country looked like in 2011. It had been 3 years since the peak of the financial crisis, but for millions across the country it was still raging, leaving real, tangible human affliction in its wake. And this affliction was fueled by companies that had no shame when stealing the last dollar in someone's bank account, in large part because they knew they could get away with it. Across the country, American families needed someone, needed their government in their corner, and that is where the CFPB stepped in. Congress created the Consumer Bureau to serve as this desperately needed lifeline to the families being pushed off the edge of a financial cliff. But that was not our only job. We were tasked with fixing a broken credit market that declared open season on American consumers and, in turn, destroyed the nation's economy. Were we perfect? Of course not, but the work we did during those 7 years mattered. The CFPB returned $12 billion back to American consumers, returned over half a billion dollars to victims of discrimination, closed loopholes exploited by unscrupulous companies that targeted military families, and so much more. The Consumer Bureau had one simple mission, to protect consumers. We were there to make sure our neighbors, our grandparents, our children, your constituents, were not being ripped off by big banks or small scams. Americans rely on credit and a well-functioning credit market to achieve the American dream. But the stakes are much bigger than simply credit markets. At stake is the character of our country, whether the American Dream, a house to raise our family, a car to get to work, a college education for a better life, will be the province of only a select few, while the rest have their money stolen at every turn. That is why the Bureau matters, because consumer financial protection matters. And that is why the actions of the Trump Administration and the political leadership installed at the Bureau have been so devastating. The last 15 months at the Bureau have been plagued with inaction and incompetence, all under the guise of some supposed ideology. They have prioritized the wishes of the most powerful financial companies in America over the needs of the very people they were tasked by Congress to protect, all under the selective invocation of statutory restraint. The efforts of Mick Mulvaney and Kathy Kraninger are hurting people. And perhaps the most poignant example of this is how their actions are hurting the 44 million Americans with student loan debt. These Americans collectively owe $1.5 trillion in student debt, and after piling historic levels of debt onto an entire generation, we push them into a market plagued with illegal practices that drive them to financial ruin. And that is what the Bureau worked to stop. We helped servicemembers, disabled veterans, teachers, nurses, and borrowers in all 50 States and in every U.S. territory. We never shied away from doing our job of independently implementing and enforcing the consumer financial protection laws of the United States, even when it made those in the Administration, in any Administration, uncomfortable. And it worked. In those 7 years, the Consumer Bureau returned more than $750 million to student loan borrowers. But almost immediately upon the arrival of Mick Mulvaney and his political appointees, this work came to a grinding halt. And what my written testimony shows, from varying reports and shuttering offices, is that the Bureau systemically undercut enforcement of the law, undermined the Bureau's independence, and shielded bad actors from scrutiny. And since I left the Bureau last year, this abdication of responsibility has continued. The position of Student Loan Ombudsman, as mandated by Congress, sits vacant. The Bureau's congressionally mandated student loan complaint report remains unwritten. Perhaps most disconcerting, in the last 15 months, it is impossible to cite a single significant action that the Bureau has initiated on behalf of student loan borrowers. There is no ideology that justifies these actions--or more accurately, inaction. Shielding companies from the consequences of their lawlessness is not ``making markets work.'' Protecting Betsy DeVos from the consequences of the Education Department's failures is not conservative. The Bureau is not meant to be a political appendage of any Administration, particularly one that is flailing as it mismanages the trillion-dollar portfolio it holds. And that is why the work of this committee is so important, both in terms of oversight and policymaking. Because right now we have $1 trillion black hole in our financial markets. Millions of Americans with student debt are falling further behind as their Federal Government coddles predatory players. So thank you for asking the tough questions of this Administration. Thank you for taking on the challenge to make sure that student loan borrowers have the rights and protections that exist in nearly every other debt market. I look forward to your questions. Thank you. [The prepared statement of Mr. Frotman can be found on page 120 of the appendix.] Chairwoman Waters. Thank you very much. And Mr. Weltman, you are recognized for 5 minutes. STATEMENT OF SCOTT WELTMAN, MANAGING SHAREHOLDER, WELTMAN, WEINBERG & REIS CO., LPA Mr. Weltman. Chairwoman Waters, Ranking Member McHenry, and members of the committee, thank you for inviting me today. My name is Scott Weltman. I am managing shareholder of Weltman, Weinberg & Reis Company, L.P.A., a creditor's rights firm headquartered in Cleveland, Ohio. It has been in business since 1930. I am grateful for the opportunity to share our firm's experience with the CFPB. Our case with the CFPB was the epitome of an effort to legislate through misguided enforcement instead of by rulemaking. We encountered overzealous enforcement attorneys with the power of the U.S. Government behind them. Our nearly 4-year ordeal included an extensive CID process, followed by a lawsuit that we won. Our law firm incurred nearly $2 million in attorney's fees. And as a direct result of being sued, numerous clients of the firm fired us. And over 100 employees out of a total 650 lost their jobs. Our story with the CFPB, however, began before the Bureau was formed. In 2009, our law firm was hired by Ohio Attorney General Richard Cordray as special counsel, which meant that our law firm was directly responsible for collecting the State of Ohio's debts. Mr. Cordray not only significantly vetted our firm and condoned exactly how we did business; he also required that our letters be written precisely to his specifications. And after observing firsthand how we did business, he hired us a second time. Once he became Director of the CFPB, however, Mr. Cordray then approved a lawsuit against us, claiming that virtually identical letters violated the law. And he authorized a press release accusing us of illegal behavior, which was subsequently reprinted by every major local and industry news agency. That makes Mr. Cordray's deposition testimony in our case all the more troubling since he admits, you know, I don't know what the state of the law was then--I am not sure what the state of the law is now. He was a former State Attorney General, the Director of the CFPB, and had no clue what the law was or is. I have included the full transcript of his deposition in my written testimony. I have also submitted and encourage you to read the final opinion in our lawsuit from Judge Donald Nugent, whom I would like to point out was a democratic presidential appointee. The Judge specifically wrote that despite requiring similar indications and disclosures of attorney involvement in the debt collection letters used on behalf of the State of Ohio, Richard Cordray, when he became head of the CFPB, authorized this lawsuit against Weltman. The singularly most offensive part of the lawsuit against our firm was the aggressiveness with which we were pursued by the CFPB despite the complete absence of any consumer harm. The CFPB continually insisted that our firm provide consumer redress but never once identified a single consumer harmed by any of our alleged illegal conduct. Our firm provided the CFPB with over 1 million call recordings for its review, and how many did it play at trial? None. It claimed that our phone calls violated the law, but it dismissed that portion of the lawsuit, half of its original claims on the first day of trial and never had any evidence. In my written testimony, I have provided a letter from the CFPB enforcement attorneys threatening to pursue us for more than $95 million in ill-gotten gains, and over $13 million in civil monetary penalties. This claim of ill-gotten gains called, ``disgorgement,'' was also dismissed by the CFPB on the first day of the trial; again, it never had any evidence. I implore the committee to question the CFPB's goals when it made its allegation against us in a very public lawsuit and press release, the allegations with no facts behind them which damaged our firm's reputation and ultimately cost 100 of our employees their jobs. Additionally, I hope the committee will investigate just how much money was spent by the CFPB to pursue our firm's case. Those expenses also included the hiring of an expert, a marketing professor from Georgetown whose discounted government rate was $750 per hour, and whose testimony the judge deemed not credible. And when the case was over and our firm had won, when the CFPB decided not to appeal and was ordered to pay our firm about $10,000 out-of-pocket costs, what happened? The CFPB asked if we would take a credit card for the $10,000. Before I wrap up, I would be remiss if I did not touch on rulemaking. When the CFPB was established in 2011, its power to make rules in the debt collection area was welcomed. To this day, however, 7\1/2\ years after its formation, how many rules has it published? None. If it made rules, then it would lose its ability to regulate through enforcement. On January 23, 2018, former interim Director Mulvaney sent an e-mail to every employee of the CFPB in which he stated, ``It is not appropriate for any government entity to push the envelope when it comes to conflict with our citizens. ``The damage that we can to do people can linger for years and cost them their jobs, their savings, and their homes. If the CFPB loses a court case because we pushed too hard, we simply move on to the next matter. But where do those who we have charged go to get their time, their money or their good names back? ``If a company closes its doors under the weight of a multiyear civil investigative demand, you and I will still have jobs at the CFPB, but what about the workers who are laid off as a result? Where do they go the next morning?'' I can tell you this, for our firm and for our employees who lost their jobs, those are empty words. Thank you very much. [The prepared statement of Mr. Weltman can be found on page 163 of the appendix.] Chairwoman Waters. Thank you very much. I now recognize myself for 5 minutes for questions, and I am going to ask Mr. Shelton and Ms. Jun to engage with me about their lending. I am looking at information here--data that has been compiled. And some of this information, I think paints a picture that I think we must be concerned about. The 2017 HMDA data showed that disparities in underwriting and pricing persist. Underwriting of conventional loans--the type that Fannie Mae and Freddie Mac buy--are described as such. The white loan origination rate in 2017 was 25.23 percent compared to 58.29 percent for blacks, thus whites had a 28 percent higher origination rate. Black loans were denied at 22.97 percent versus 8.14 percent for whites, which means that blacks were denied 82 times more often than whites. Also, the black fallout rate was 10 percent higher than whites, and with respect to pricing, blacks had higher cost loans 2.86 times, and Hispanics 2.96 times more often than whites for conventional home purchase loans. And this is just part of the information that we had. We went through the crisis in 2008, and we discovered an awful lot about what was happening in targeted communities, for the most part communities of color, where people had been basically lured into signing on the dotted line for all of these exotic products like interest rates that were going to reset, when people didn't understand what they were, and then of course, foreclosures started wiping out communities all over this country. Now without going further into that, I know that you panelists kind of know what happened with this targeting, and absolutely it was identified that blacks earning the same amount of money as whites, and basically paying their bills at the same rate, et cetera, were ushered into these bad loans. And we would expect the Consumer Financial Protection Bureau to have every reason to be concerned about fair lending. But yet it seems as if not only have they cut back on it, it is not the mission of the Consumer Financial Protection Bureau. Could you elaborate a bit on what this means in terms of not having enforcement and not having investigations, starting with Mr. Shelton? Mr. Shelton. Thank you very much, Madam Chairwoman. The issue for us has been very clear. In 2008, what we started seeing was the kind of targeting that was actually done in African-American and other racial and ethnic minority communities. As opposed to going after those with a fixed income, oftentimes brokers were being utilized--we rarely hear that term ``utilized'' these days, but brokers were being utilized in the most unscrupulous manners. I can think of a woman I sat next to testifying in 2008 from Ohio. Her husband had worked for one of the larger tire manufacturers in the country, they had a pension fund, they paid off the house as they planned on doing, and after he retired, he later passed away, and she was there managing the house herself. It looked like everything was very well in place, until the broker showed up. The broker came into her community, and recognized that her home, through nicely kept, was quite old and utilizing oil heat, and as such, quite expensive in a place like Ohio to manage. As such, he talked to her about how he could refinance her home and allow her to pay for all the improvements she needed in everything from insulation to new windows and everything else, and a new heating system for roughly $50,000. He told her she could manage it, but gave her an exploding ARM mortgage that she knew nothing about, an exploding ARM in which she had a very nice introductory rate but it increased every 2 years until the end of the sixth year, in which case both her insurance, and her taxes were dropped altogether. She found herself in an awful position in which she began losing the home. She testified at a hearing in Congress. Let me tell you the thing that was most outrageous, and why I share this story. It is to show you how these issues not only impact disproportionately racial and ethnic minorities, but because she had no place else to go. Sadly, one of the other things her husband left behind as he passed away was his old shotgun that she ultimately used on herself. This level of outrage is something that we have to focus on, and is why the Consumer Financial Protection Bureau was put together as it was, to provide the kind of protection and oversight we very well needed. The last point I will make is this. I heard the term ``whack-a-mole'' used a little bit earlier. One of the reasons that we pushed forward for the passage of the Dodd-Frank Wall Street Reform Bill, as well as the Consumer Financial Protection Bureau, was because we needed someone at the helm that would have the dexterity and the flexibility to be able to move very quickly to address these new products with a different-- Chairwoman Waters. Thank you so very much. I know that there is a lot more information you could share, but that is very striking. The gentleman from Tennessee, Mr. Rose, is now recognized for 5 minutes. Mr. Rose. Thank you, Chairwoman Waters. Mr. Weltman, thank you for joining us today. We appreciate you being here. And thank you to the other panel members as well. In earlier questioning, I shared with the panel and with my colleagues the adage that I have heard and learned about from our State senator in Tennessee, and that is his view that regulators should be in the business of helping the regulated comply, as opposed to punishing them, as in the first instance, for failing. Would you agree with that mindset for a regulating body? Mr. Weltman. Yes, Congressman. Thank you. Yes, I would agree with that. Mr. Rose. And if you would, tell me a little bit about your broader practice, your creditors' rights firm. And so, if you could give us a little bit of a sense of a broader understanding of what you do. Mr. Weltman. Thank you, Congressman. Our law firm is a creditors' rights law firm. Again, we are down to about 550 people, and we practice in the areas of consumer debt collection and litigation, and commercial debt collection and litigation. I represent creditors of all types in bankruptcies and foreclosures, and have a general creditor litigation practice as well. We are licensed in a number of different States. We have offices, more than just in Ohio. And we have a lot of very solid professionals who take great pride in their work. And quite honestly, we focus on ethics and compliance all the time; we invest a lot of money in that area. Mr. Rose. And this experience that you have been through with fighting with the Consumer Financial Protection Bureau, had you ever experienced anything like that in your career? Mr. Weltman. Never in my career, at all. It is unique. Mr. Rose. One of the concerns that I and think others on my side of the aisle have, and I think actually maybe some on the other side have about the CFPB is the lack of oversight and the lack of control that Congress retained, if you will, or gave even to the Executive Branch. Does that concern you? Mr. Weltman. Congressman, we focus a lot on our job and what we do, we don't get involved in the political issues related to the Bureau. We are happy to do our job every day, to the best of our ability, and we let Congress worry about those things. Mr. Rose. Okay. I can appreciate that. Well, it does concern me. And you know, as I think about the province of the CFPB and the structure that has been set up, it concerns me greatly that we have very little oversight opportunity, that we do not even control, in any way, their budget or get the chance, on behalf of the taxpayers, to exert any influence there. And so, as I heard of your case and, and looked over some of the background information, the old adage of fighting city hall came to mind and how it difficult it is when the plenary power of government is brought down upon you. And it kind of hearkened back in my mind to the earliest days of our country and the revolt that led to the formation of this country against King George and the notion of taxation without representation. I believe our founding fathers would be horrified that we have created such an entity that draws its funding from a source where there are there really no limits to how much money it spends, and then uses those resources to, without oversight, without really any limits or control, to pursue whomever the current leader of that organization chooses to pursue and without really any recourse on their part. And so, these are major concerns of mine. And I think it is something--as I have visited with folks in the 6th District of Tennessee at least, I hear very little about what CFPB is doing to protect the consumers in my district. I hear a great deal about the problems that occur when a regulator is really untethered and is able to exert plenary power and doesn't even have the restrictions of budgetary controls to limit the province of what they do. I am sorry that your firm suffered through the ordeal that you have, and I appreciate you taking the time to be here today and share that story with us. I have heard similar stories from other businesses in the 6th District of Tennessee who have been, in my opinion, abused by the overreaching of this regulator. And so, thank you for being here. I yield back. Chairwoman Waters. Thank you. The gentleman from Georgia, Mr. Scott, is recognized for 5 minutes. Mr. Scott. Thank you, Madam Chairwoman. Mr. Shelton, let me start with you. The CFPB took away the Office of Student Loans and Young Consumers. Tell me how devastating this is? This is a very serious issue, not only in terms of the amount of loans that our students have to pay, but there are some unsavory characters out there that take advantage of young consumers who are eager to consume but are not knowledgeable enough about the rules and regulations. And these young consumers are taken advantage of. I want to ask you, how serious is this? Can you share with us the seriousness of this issue of students and the fact that the Consumer Bureau removed that office? Mr. Shelton. In a very short way, it is overwhelming. As we think about just African-American students alone, about 75 percent of African-American college students come from an income level that allows them maximum Pell Grants. That means they are the poorest of the poor. And as we are thinking about the purchasing power of a Pell Grant, we know that, nowadays, it does not cover nearly as much of the tuition or the educational cost as we were hoping it would at the time of origin. What that means is students have to take out more loans much more often. The presumption of most students is that their lending source is watching out for their best interest. The truth is, that is not the case. And as such, we are finding that students and even myself found ourselves in a very awkward position of now having a great education but not enough income to be able to pay off that student loan and other living expenses. It is tremendous; we are getting more and more reports from across the country. It is outrageous on so many levels. Mr. Scott. And what do you think we need to do about that, Mr. Shelton, to correct that problem? Very briefly. Mr. Shelton. Very briefly, greater oversight. The Consumer Financial Protection Bureau needs to do what it started doing-- Mr. Scott. Which means we must pass Ms. Waters' Consumers First Act-- Mr. Shelton. That would be my vote. Mr. Scott. --because that is one of the things we are going to do, is reestablish this office and the CFPB that will address student loans and young consumers. Now Ms. Davis, I mentioned earlier when the acting Director was here, about the Military Lending Act, and I stated unequivocally that under Mr. Mulvaney, they abandoned supervision of regulated entities for compliance with the Military Lending Act. They did that. Can you explain for the committee how devastating that is in removing the protections we have for, as I said, our precious military servicemembers and their families? Ms. Davis. Thank you for your question. It is devastating. And it is a national security, it is a readiness issue for our servicemembers and their families. So when you think about what we heard earlier was preventing harm, well, when you supervise for compliance you are preventing harm. What happens when you don't do that is that it puts the burden on the servicemember and their family to figure out that they have been defrauded, what law applies to them, what protections are out there--it is the Military Lending Act, you know, in this case that we are talking about--and then what law enforcement agency is protecting them, and file the complaint. So it distracts from the mission. There are huge ripple effects out from there. It is not just the servicemember or their family, but it affects the unit, it affects the mission downrange and at home. Mr. Scott. It is very important because we have a pretty sizable C-SPAN audience, and this is very important to this committee, pointing out these discrepancies against our military servicemembers and our young people, particularly. And rest assured, we will address that, and it is also will be a part of Ms. Waters' Consumers First Act to reestablish that supervision for our military servicemembers. Thank you. Ms. Davis. Thank you. Chairwoman Waters. The gentleman from Ohio, Mr. Gonzalez, is recognized for 5 minutes. Mr. Gonzalez of Ohio. Thank you, Madam Chairwoman. I want to thank our panel for being here today and for answering all of our questions. Mr. Weltman, it is always great to have a fellow Buckeye in the room and a Northeast Ohioan, and it is great to see your family here. I met your father earlier. So, welcome. I am thrilled to have you here. I especially want to thank you for sharing your story with the committee and for the courage that you had to stand up to the overreach of the CFPB, to fight for not only your company's reputation but also for the reputation of your family. In your testimony, you quoted former interim Director Mulvaney's comments on the CFPB, which I think are just so powerful they need to be said again. He said, ``It is not appropriate for any government entity to push the envelope when it comes into conflict with our citizens. The damage we can do to people could linger for years and cost them their jobs, their savings, and their homes. If the CFPB loses a court case because we push too hard, we simply move on to the next matter, but where do those that we have charged go to get their time, their money or their good names back?'' That is so powerful and it speaks directly to your situation. Just 2 seconds ago, I Googled your name, just to see what would come up, where you work, and profile pages. The first article is a negative article written by one of our papers about your experience. It talks about how you are being sued and all the terrible things that come along with it. That is the first article that comes up. So let me ask you this. Do you have children? Mr. Weltman. Yes, I have three children in college. Mr. Gonzalez of Ohio. So if your kids are going to Google your name, this is the first thing they are going to see, right? Mr. Weltman. My kids and probably their friends as well. Mr. Gonzalez of Ohio. That is completely unacceptable. Mr. Weltman, can you talk more about the impact that this experience with the CFPB has had on your company and also your family? And let's keep in mind that you won your case. Mr. Weltman. Yes, we did win our case. And thank you, Congressman. It was a very trying time for our company. It caused a lot of internal strife and again, as I mentioned in my testimony, within days of being sued--being accused with, as it turns out, no evidence, numerous clients of the firm fired us. Clients to this day that we haven't gotten back. We have to continue to explain our situation, and to be honest with you, to add insult to injury, if you were to Google and go to the Bureau's active enforcement action website, it shows our matter as still active. Mr. Gonzalez of Ohio. Really? Mr. Weltman. Yes, it does. I went to that website yesterday to see the status of our enforcement action, and it shows it as active. So we are going to have to continue to explain the situation. We did win and we are very proud of that and we certainly tout that. We had a lot of clients stay with us, so we are still in business and we are doing just fine, thank you very much. But it is something we have to explain. And by the way, when we go to hire people, we have to explain it. Mr. Gonzalez of Ohio. Of course. And just to reconfirm, you were initially hired by Richard Cordray? Mr. Weltman. Yes. Our managing shareholder at the time was appointed a special counsel, which really meant that our firm was being hired when Richard Cordray was Attorney General of Ohio, yes. Mr. Gonzalez of Ohio. And presumably, he vetted you. He actually rehired you. Mr. Weltman. It was a very extensive vetting process with a significant amount of information that had to be provided to him twice. Mr. Gonzalez of Ohio. And then he became Director of the CFPB and sued you? Mr. Weltman. That is correct. He authorized that lawsuit and was quoted accusing us of illegal activity in a press release. Mr. Gonzalez of Ohio. I think everybody in this committee, everybody here agrees that consumers need to be protected. Nobody disagrees with that. We all agree on that. But what happened to you is patently unfair. It is unfair to you, it is unfair to your employees, unfair to your clients, and unfair to your family. The CFPB needs reform but that reform needs to be bipartisan. The bill that we are talking about today is a pure partisan bill. We are going to be--we know for sure it is not going to pass. It will pass out of this committee, it might come up to the Floor, but it is not going to get passed into law, but we actually all agree that this system needs to be reformed, and so what I would urge the committee to do is actually put in a process where we are going to agree on some things that might actually get signed into law, because what happened to you and what happens to all the folks who are sitting here, we all agree it is broken. The system needs to be fixed and it needs to be fixed in a way to make sure that we are not having the same arguments over and over and over again, every single Congress. So thank you, Mr. Weltman, for your testimony. I thank you and your family. I am so sorry that this happened to you; it doesn't make any sense. It is flat out wrong, and I hope that it never happens again. I yield back. Chairwoman Waters. Thank you. The gentleman from Texas, Mr. Green, the Chair of our Subcommittee on Oversight and Investigations, is recognized for 5 minutes. Mr. Green. Thank you, Madam Chairwoman. Mr. Weltman, thank you for your testimony. You are a litigator, is that correct? Mr. Weltman. Yes, I am. Mr. Green. And as a litigator, have you had courts rule, perhaps against you, and on appeal, have those decisions overturned? Mr. Weltman. If I can understand your question, you are saying, when I am litigating on behalf of a client? Mr. Green. Yes, sir. Have you ever lost a case at the trial level that you won on appeal at the appellate level? Mr. Weltman. I am thinking back over 27 years-- Mr. Green. Did you win all of your cases? Mr. Weltman. I do not win all of my cases. Mr. Green. Okay. Well, let's just assume you did. When this occurred, do you want to eliminate the judiciary? Mr. Weltman. Pardon me? Mr. Green. Do you want to eliminate the judiciary? Because see, a lot of my friends on the other side, they don't want a CFPB at all. And they want to use you, sir, as a part of a process to eviscerate and decimate the CFPB. Do you want to be a part of that? Mr. Weltman. Congressman, I want-- Mr. Green. I will take it, your answer is ``no.'' Because you are a reasonable person, you would not want to be a part of the evisceration of the Consumer Financial Protection Bureau, would you, simply because of one bad experience? Mr. Weltman. Congressman, our experience was not a pleasant experience. Mr. Green. I understand. I have had unpleasant experiences in life, but that doesn't mean that I want to eliminate the police department because I had an unpleasant encounter with one police officer. Do you tend to be of the type of person who takes his one experience as an assault against all of society? Is that your position? Mr. Weltman. Congressman, our employees were accused of illegal activity after a 2\1/2\-year investigation with no evidence. Mr. Green. I see. Mr. Weltman. That was our experience. Mr. Green. So from your point of view, the CFPB is of no value. All right, let me move on to someone else. Thank you for your point of view, kind sir. I want talk for just a moment about invidious discrimination. My assumption is that everyone on the panel agrees that there is invidious discrimination in lending. But for fear that I may be incorrect, if you think that there is invidious discrimination in lending, would you kindly raise a hand? Invidious discrimination is harmful discrimination against persons who are seeking to borrow money. Please put your hands up, and keep them up. Okay, so we have Mr. Weltman, you don't believe there is discrimination in lending, I see. And you understand ``invidious'' because you are a lawyer. So now you want to eliminate the CFPB, and you don't think that people are discriminated against in lending. The empirical evidence is there to support it. Lawsuits have supported it. I am just amazed that you, living in the United States of America, would come to the conclusion that there is not invidious discrimination in lending. Let's move on to the next question. There is something called ``testing.'' This is the methodology by which we acquire the empirical evidence necessary to prove the invidious discrimination. As a matter of fact, I know of no better way to acquire the empirical evidence. If you are familiar with what testing is, would you kindly extend a hand into the air? All right, let the record show that we have two people who are not familiar. If you will lower your hands. For edification purposes, this is where you send in persons, lets assume you have three, and one of them happens to be Anglo, and the Anglo person will receive a loan at an interest rate, let us call it 5 percent, and then two African Americans will come in afterwards and they will receive loans at a higher interest rate. And the African Americans will be more qualified than the Anglo-American that went in. That is the way you test to ascertain whether or not discrimination exists. Do you believe that this is a fair way of acquiring intelligence? If so, would you kindly raise your hand? Okay, I said, Mr. Weltman, you don't think that testing is a fair way to acquire intelligence. So Mr. Weltman, are you a person who believes that people like me and others who have been discriminated against--and by the way, some of us are still being discriminated against--should just suffer, because you had an unpleasant incident? I yield back, thank you, Madam Chairwoman. Chairwoman Waters. Thank you. Our ranking member, Mr. McHenry, the gentleman from North Carolina, is recognized for 5 minutes. Mr. McHenry. Well, Mr. Weltman, I don't question your motives for being here. I don't think that it would be appropriate for a Member of Congress to do that to a panelist, I don't think it is becoming of this Congress to do something like that, nor do I think that was the intention of anybody who was questioning you about your awful experience. And I know you have already testified as to your story. The reason why you were invited to be on this panel is to provide an example of the harm that Richard Cordray's CFPB pushed upon consumers and individuals and companies. Let us just talk through structural changes here. You have dealt with an attorney general, you have dealt with the Bureau, and you are quite familiar with the law. So did the CFPB ever provide you with any guidance on how to word your disclosures? Mr. Weltman. Thank you, Ranking Member McHenry. We had discussions with the enforcement attorneys at the CFPB throughout the process and actually invited them to provide us the language that they would condone and endorse in writing, and they would not do that for us. Mr. McHenry. Okay, so have you dealt with other banking regulators? Mr. Weltman. I have not. Mr. McHenry. Have you dealt with other regulators? Mr. Weltman. Others at our firm--we have a very robust compliance department whom I think deal with various other regulators. I personally haven't. Mr. McHenry. Okay. Were there any rules of the road that were given to you from the CFPB? Mr. Weltman. Before the enforcement attorneys served us with our CID, we had had no interaction with them directly. So beyond that, no. Mr. McHenry. In the wording of that document, did it give you reference to law that they were enforcing, a specific law that they were enforcing or words of a law or reference to a piece of a criminal code? Mr. Weltman. When the Bureau attorneys presented us with what they considered to be a consent order that they would agree to, it was, for the most part, their way, take it or leave it. Mr. McHenry. Okay. And you have testified to this, but just to be clear, did you just base your disclosures off what would have been previously approved by Richard Cordray as attorney general? Mr. Weltman. Our law firm has invested millions of dollars over the years in compliance. And again, we have a very robust compliance department, headed by one of my partners, who heads up our compliance area, who studies the law constantly and stays on top of all the legal requirements. And we based our disclosures and how we craft our letters on the state of the law at all times, which was confirmed when we did work for the State of Ohio and what they would find acceptable as well. Mr. McHenry. Okay. So in this process, were you ever made fully aware of how you violated CFPB rules? Mr. Weltman. Well, Congressman, there were no rules that were promulgated in this area by the CFPB. Mr. McHenry. So as a legal matter, you had no point of reference for whether or not you were in fact breaking the law until you were served? Mr. Weltman. And just to be clear, there is statutory and case law that we follow at all times. I think the Bureau had a different interpretation, which was found by the court, as it turns out, to not be correct. Mr. McHenry. Okay. So what you are telling me is what was good for Attorney General Cordray was not good for Director Cordray. That is something else. This scenario has happened many times to many other individuals and companies. What other structural reforms do you think are needed so that this doesn't happen again? Just as a matter of best practices in the law, in your view? Mr. Weltman. Again, we like to stick to doing our job and doing it to the best of our ability representing our clients. And as far as structural changes within the Bureau, I would certainly defer to Congress on that. Mr. McHenry. Would a rules-based regime be better than ``sue and find out later?'' Mr. Weltman. As I stated-- Mr. McHenry. And I don't mean this as a knock on lawyers. Mr. Weltman. As I stated in my testimony, and I am certainly aware that there have been discussions of rules in the debt collection area, when we have rules, we certainly intend on following them. And we would welcome the publication of those, finally. Mr. McHenry. Thank you. Chairwoman Waters. The gentlewoman from Texas, Ms. Garcia, is recognized for 5 minutes. Ms. Garcia of Texas. Thank you, Madam Chairwoman. And I find it really interesting that we have an almost unanimous opinion on this and--and I wanted to start with one of the questions--I think most of you were in the room when I asked them of the Director. Do you think that it is necessary to fully implement and do outreach for limited English-speaking populations to make sure that we reach all consumers? And I just want a yes or no from the whole panel. Mr. Shelton? Mr. Shelton. Yes. Ms. Jun. Yes, most definitely. Ms. Davis. I'm sorry. Can you ask the question again? Ms. Garcia of Texas. I asked her the question about the outreach and what we were doing to ensure that the limited English-speaking populations of consumers, those particular populations were getting the information they need so that they would not get ``ripped off.'' Ms. Davis. Right. Yes. Ms. Garcia of Texas. Okay. Mr. Frotman. Absolutely, Congresswoman. Mr. Weltman. It is-- Ms. Garcia of Texas. Mr. Weltman? Mr. Weltman. It is more for all consumers to get information, yes. Ms. Garcia of Texas. So is that a yes? Mr. Weltman. Yes. Ms. Garcia of Texas. Finally, a unanimous decision here. Well, thank you. And now I will ask you the follow-up question. How can we best do that? And in the interest of time, let's keep our answers short. Mr. Shelton? Mr. Shelton. Mandate that everything is transcribed into the language that you are trying to make sure were covered, I would think something along the lines of Section 205 of the Voting Rights Act, and apply it to these financial services issues. Ms. Garcia of Texas. Great. Ms. Jun? Ms. Jun. I would also just add that the CFPB has done really good consumer testing in other areas, and all of those documents, once they are translated, should be extensively tested to make sure they can reach lots of different populations with different dialects and that sort of thing. Ms. Garcia of Texas. Ms. Davis? Ms. Davis. I would like to answer that one in writing for the record. Ms. Garcia of Texas. Okay. Mr. Frotman. I think this is another example about why disbanding things like the Consumer Advisory Board are so devastating. I know in my time at the Bureau, we learned a ton from that advisory board about how to better do our job. I think it is another example about not wanting to necessarily hear from consumers because there was a particular point of view already. Ms. Garcia of Texas. Mr. Weltman? Mr. Weltman. Unfortunately, I don't think I am qualified to contribute an answer to that. It is not my area of-- Ms. Garcia of Texas. Do you not have any clients from any of the populations I may be talking about? Mr. Weltman. Do we have clients that serve that population? Ms. Garcia of Texas. No. No--clients, yes, correct. Mr. Weltman. Yes, we do. Ms. Garcia of Texas. You do? Okay, well, thank you. Now the other question I have, and, again, it is for the whole panel, is, I, too, was a legal aid lawyer and I did do consumer laws, and back then, we were all concerned about redlining--do you think that redlining still exists? Mr. Shelton. Is it racist? Yes. Ms. Garcia of Texas. No. Does it exist? Mr. Shelton. Oh, absolutely. Yes. Ms. Garcia of Texas. No, I know it is racist. But we were talking about that earlier, and my colleague from Houston, Congressman Green, was alluding to some of it. But do you think that redlining exists? I know that there were so many things put in place to try to correct that, but are we there yet? Mr. Shelton. The short answer is that it does still exist. We get reports about just across streets, as a matter of fact, how differently people are treated with various services. So the short answer is yes, it does. Ms. Garcia of Texas. And do you think it is just in the financial services or in other sectors as well? Mr. Shelton. Oh, no, many other sectors as well, as a matter of fact. I think we find the experience not only in financial services but even education and other issues along those lines. Ms. Garcia of Texas. Ms. Jun? Ms. Jun. I think the other thing I will add is we have heard a lot about new ideas. And there have been some studies about using algorithms and alternative underwriting as if hopefully, a computer won't be discriminatory. But a lot of studies lately have been showing that those automatic computer type models and new ideas are still concluding discriminatory results in lending. So I think it is still very much a problem and we as a society need to do a lot more about it. Ms. Garcia of Texas. Ms. Davis? Ms. Davis. Again, I would like to answer that one for the record. Ms. Garcia of Texas. Okay, thank you. Mr. Frotman? Mr. Frotman. I think it obviously still exists. But I think I would encourage the committee to think about it in a broader sense than just the traditional mortgage context. I think we see this extend out to issues in Fintech, we see it in student lending issues, and I think it is a significant problem where there are real concerns about the Bureau's commitment to addressing it. Ms. Garcia of Texas. Mr. Weltman? Mr. Weltman. Yes, and I am sorry. I am just not qualified to speak to that issue. Ms. Garcia of Texas. You are not qualified? I thought lawyers knew the answers to everything. I always thought--that is the kind of lawyer I was, but maybe that is a discussion for another time. Now, Ms. Jun, I wanted to ask you because you do the legal aid work, if you could think of one single thing that we could do in changing to help poor people have more access to credit, and to lending, and to being able to have some access to capital, what would that be? Ms. Jun. I think that is actually just more regulation and not less, because what is filling the hole right now are more bad choices and more predatory practices. And so I think the way you open up the space for better ideas to fill that space with better options is to make sure that bad practices are in fact very strongly discouraged by the CFPB and other regulators, and that real innovation, real new products as companies develop them are closely scrutinized to see how they are benefiting people. Ms. Garcia of Texas. Okay, well, thank you all. Chairwoman Waters. The gentleman from Michigan, Mr. Huizenga, is recognized for 5 minutes. Mr. Huizenga. I appreciate the Chair for recognizing me, and Mr. Weltman, I am sorry, it was almost 6 hours ago when this hearing started. I was here for a number of hours at the beginning, and then had to step out for a few things. As I was listening to the ranking member here, I am fascinated by this notion that an attorney general would act in one way at the State level, and then come to Washington, D.C., with a bright, new shiny object called the CFPB and act in a completely different way. So why did he reverse course? Did you ever hear in the explanation as to why there was a reversal? Mr. Weltman. Thank you, Congressman, no, he did not address that in his deposition. He was asked the question and didn't really provide a sufficient answer. Mr. Huizenga. Oh, that would have been like when he was here testifying in front of us. But, okay. So literally, he did not have an answer as to why he thought it was okay as attorney general but then reversed himself--I mean, that is 180 degrees. Going back to then try to hold you culpable, whom he had blessed, checked the box, whatever you want to say, had approved your process that he as attorney general had oversight of. Mr. Weltman. That is accurate to my testimony, yes. Mr. Huizenga. Okay, well, that is stunning--but I had an experience around a couple of other things, and I will ask the question this way. Do you believe that the tactic of regulation by enforcement is a problem? Is the Bureau going after a business without issuing any guidance or promulgating any rule--so in other words, there is a course of action--this might be a little different than what you had dealt with, but there is a course of action, and that is deemed legal and acceptable, and then suddenly a regulator decides that no longer is that acceptable--and by the way we are going to then go after you for doing something that had been approved before? Mr. Weltman. I am familiar with our experience and haven't really spent a lot of time worrying about other experiences outside of our own. I certainly felt that our experience was an attempt at regulation through enforcement, just based upon some of the terms that the Bureau was requiring us--if they weren't going to sue us, things that weren't the current law, things that they didn't include in the lawsuit. Mr. Huizenga. Explain that a little bit--unpack that a little bit. Mr. Weltman. Well, their tactic, after their 2\1/2\-year investigation and before they sued us, they came to us and said, we are going to sue you unless you sign a consent order. And we asked to see what it would look like because certainly we were interested-- Mr. Huizenga. You would want to know what you are agreeing to. Mr. Weltman. We wanted to know what they had in mind-- Mr. Huizenga. Yes. Mr. Weltman. And what they had in mind, again, some of which was not the current state of the law and it was something that we felt they were going to use that as an example to tell people what the law should be. Just because we agreed to something--we wouldn't agree to it because it wasn't the law. And again, that was validated that when they finally filed the lawsuit--and again, the lawsuit had no basis as it turned out. But they didn't even include those terms in the lawsuit because it wasn't law--they couldn't have even gotten-- Mr. Huizenga. Well, that is exactly the experience I had with a small title insurance company back in the second district of Michigan, and I won't incriminate my colleague on the other side of the aisle because I want him to have a future here in Washington. But he actually helped me when I went to him with this issue and called the CFPB on my behalf to kind of work through this. And it was exactly that situation. They were conducting themselves in a way that was completely legal and acceptable, but the CFPB decided that they no longer wanted companies to act like that, so they sued them and fined them, would have put them out of business had it not been for my friend on the other side of the aisle who helped mitigate that a bit. I think that is why a number of us believe that there need to be some safeguards that the Dodd-Frank Act didn't have in it, but we need to have some safeguards to prevent the CFPB from overreaching. And I am assuming in your opinion that would have helped your situation have more clarity, transparency? Knowing the rules of the road as you were moving forward? Mr. Weltman. We asked the CFPB for the rules that they wished us to follow because we certainly are interested in those and would love them to be published. Mr. Huizenga. I think that that had been the last Administration's M.O. I am hopeful that this current Administration and Director Kraninger, who was here earlier, is going to follow through that. My time is expired. I appreciate your time. Chairwoman Waters. Thank you. The gentlewoman from North Carolina, Ms. Adams, is recognized for 5 minutes. Ms. Adams. Thank you, Madam Chairwoman, and thank you for convening today's hearing, and to the witnesses, thank you very much for your testimony. Each of you know that the Consumer Financial Protection Bureau's primary role is to protect consumers, and I have never believed that that should be a partisan issue. But having said that, let me ask a question first of all to Mr. Shelton. I was troubled by the way Mr. Mulvaney fired the 25 members of the Consumer Advisory Board last June, and by the changes that he made which seemed to diminish the role that the board plays with the agency. And yesterday, as you have heard me introduce compliments in legislation--the Consumers First Act attempts to address this issue. But can you just share from your point of view which steps should be taken to ensure that the Consumer Advisory Board and the other advisory boards are diverse and inclusive in every opportunity to provide meaningful advice to the Consumer Bureau's staff? Mr. Shelton. Let me first say that I believe passing the Consumers First Act is a good start. Mandating many of these provisions and making sure that the voices of the American people, as diverse as they may be, as those of us who worked on passing the original Dodd-Frank Wall Street Reform bill had intended. I think it is crucial that that kind of information is available, and again with the great diversity we call the U.S., and of course the type of redlining and other problems we have experienced with the financial institutions in our country. Ms. Adams. I am curious about whether your organization or any other organizations represented here on the existing boards--anybody from NAACP? Mr. Shelton. Can you say that one more time--I'm sorry, the last part? Ms. Adams. Is anyone from the NAACP on the board? Mr. Shelton. We were with the first board-- Ms. Adams. Oh, okay. Mr. Shelton. We weren't more recently. Ms. Adams. So you were asked off, pretty much? Mr. Shelton. Yes, ma'am. Ms. Adams. Okay. Let me follow up and ask--I was an educator for 40 years, I taught at the Bennett College in Greensboro, and I believe deeply in the value of creating opportunities for students to access and complete their higher education. For many, especially students who attend Historically Black Colleges and Universities (HBCUs), it is the key to upward economic mobility. But our students today are young and overburdened by the student loan debt that is putting the so-called American Dream out of reach. So can you talk a little bit about--I understand that we don't have an ombudsman anymore for young people to stand in the gap for them, no one looking out for them. And I would really like to hear your thoughts about that, not only from Mr. Shelton, but also from Mr. Frotman. Mr. Shelton. Let me just start it by saying very quickly, that of course the cost of higher education continues to spiral upwards. And as such, we are looking at some of the tools that have been made available in the past. The Pell Grant program was one of the most effective and successful ways to keep from going into debt, because that provided resources that we didn't have to pay back. But unfortunately, if you can go back to 1980 in the Reagan Administration, first cutting Pell Grants and then freezing them and thus never catching up with the buying power that was intended for Pell Grants, which are a really good start for low- and moderate-income students. Just look at the lack of control for student loans as we know, we continue to raise that issue here for the assumption, we have to address as well. It means more and more students are dependent on student loans that have to be paid back with a group of lenders that are quite frankly not regulated in the manner in which they should be. Ms. Adams. Mr. Frotman, I understand that you were the former student loan ombudsman and you are not there anymore, you resigned. Can you tell me a little bit about your concerns? Mr. Frotman. Thank you for the question. On top of the historic debt that we have pushed upon tens of millions of Americans, they face a financial marketplace that is littered with predatory players, from for-profit schools to student loan servicers, debt collectors, private student lenders, private equity funds, you name it, that view the trillion plus dollars in student debt as their chance to make a quick buck. And that is what we worked on at the Bureau for 7 years while I was there. This is an issue that should know no partisan bounds. The fastest growing segment of student loan borrowers is actually older Americans. We see huge problems in rural America. Issues impacting everything from infantrymen to clergyman. And what I saw at the Bureau, nearly instantaneously after Director Cordray left, there was just zero desire to actually work on these consumer protection issues anymore. Maybe because of partisan reasons, maybe because of industry, but the result is the same. Ms. Adams. Thank you very much, I am out of time. Madam Chairwoman, I yield back. Chairwoman Waters. Thank you very much. The gentlelady from New York, Ms. Ocasio-Cortez, is recognized for 5 minutes. Ms. Ocasio-Cortez. Thank you, Madam Chairwoman. Mr. Frotman, can you very quickly tell us why the CFPB was established? Mr. Frotman. I think the CFPB was established for two reasons. One is that families throughout America were hurting after the financial crisis and we were there to help those individual folks. And when I first started, it was helping servicemembers who were ripped off by predatory lenders. Later, it was individual borrowers who were struggling with student loans. But we always had a view that was broader, which was that our job was to be sure nothing like the financial crisis ever happened again. Ms. Ocasio-Cortez. And in your time there, can you give, maybe a quick example of some of the most important and vital pieces of work and protections that you all, kind of carried out? Mr. Frotman. Sure. In my first job, standing up for military families, it was definitely helping the Department of Defense strengthen the Military Lending Act. Because for years, I was lucky enough to travel the country with Holly Petreaus, and everywhere we went, we saw predatory lenders just camped outside of military bases. So for years, we worked with all the banking regulators within the Department of Defense to pass a rule to close all of those loopholes. In my second role at the Bureau, working on student lending issues, we did a considerable amount of work, especially on predatory for-profit colleges, but also around the fundamental breakdowns in student loan servicing. Ms. Ocasio-Cortez. Thank you. And do you think that it is possible there are special interests or industries that would like to see the CFPB weakened or abolished? Mr. Frotman. Absolutely. I think the steps that Mick Mulvaney and Kathy Kraninger have taken are pretty indefensible across the board. Ms. Ocasio-Cortez. And sorry to interrupt, just because I have a short period of time, what would some of those special interests that would really want to abolish the CFPB be? Who would be some of those actors? Mr. Frotman. When it comes to student lending issues, I think the fundamental issue is that the Bureau has become the political arm of the Department of Education and is willing to do anything that Congress casts it to do to stand up for student loan servicers. Ms. Ocasio-Cortez. So the Department of Education under the leadership of Secretary Betsy DeVos, has kind of the interest there, could have sought, potentially with political appointments to the CFPB, to dismantle it from within, north, in order to continue predatory student lending? Is that what you are-- Mr. Frotman. I think that the Bureau is unwilling to do anything that they think makes the Department upset. Ms. Ocasio-Cortez. Now, why on earth would a corporation or a special interest group, so let's say, for-profit colleges or universities, want to dismantle that? What is going on here? Why do you think that these political appointments are happening? To what end does it serve? Mr. Frotman. We now have $1.5 trillion in debt and a lot of folks want to get rich off of the misery of student loan borrowers, and for 7 years, the Bureau stood as the most vocal bulwark against that happening. And unfortunately, now the Bureau is in a place where it is open season on student loan borrowers. Ms. Ocasio-Cortez. So you are saying that the Consumer Financial Protection Bureau was one of the guardrails against this runaway student lending crisis, and so there is a vested interest to take that guardrail away? Mr. Frotman. Absolutely. Ms. Ocasio-Cortez. Do you think we are kind of on the way to a potential precipice or cusp with the student lending? Mr. Frotman. I know there is a lot of debate about where we are in the student lending market. I think the truth is you are unable to say this is anything but a crisis. There are now 8 million student loan borrowers in this country who are in default, and another million student loan borrowers default each and every year. That means every 28 seconds, another student loan borrower defaults. We heard on this morning's panel, Director Kraninger talk a lot about how she is getting up to speed. In her nearly 90 days at the Bureau, 250,000 student loan borrowers have defaulted. Ms. Ocasio-Cortez. And very quickly, you bring up an excellent point about earlier, and so you are saying that the Consumer Financial Protection Bureau is one of the only agencies that we have to check the student loan crisis? And just this morning, Director Kraninger was asked by my colleague here from Michigan, if she thought the CFPB should even exist, and she refused to say yes, unequivocally. Do you believe that it should exist? Mr. Frotman. Of course. I think for the nearly 45 million Americans with student debt and the 300 million American consumers, the CFPB is a lifeline for them in the consumer financial markets. Ms. Ocasio-Cortez. Thank you. Chairwoman Waters. The gentleman from Illinois, Mr. Foster, is recognized for 5 minutes. Mr. Foster. Thank you, Madam Chairwoman, for holding this hearing and thank you to our witnesses here. Mr. Frotman--well, first off, I want to thank you for your current work at the Student Borrower Protection Center and your previous work at the CFPB as a student loan ombudsman, and the light that you have shed on all of the issues surrounding the student loan market. This is something that affects 44 million Americans and yet we are not doing what we should about it. You probably saw during the previous panel during my questioning of Director Kraninger--well, I personally was very surprised to learn that after almost 3 months in the job that she was unaware of the--that neither she nor her company staff actually seemed aware of the market monitoring data initiative that the Bureau had previously spearheaded and was specifically authorized under Section 1022(c)(4) of Dodd-Frank. Did this surprise you that she and her staff seemed unaware? Mr. Frotman. It did. It is hard to be surprised a lot now, right? But I think this is exactly why the United States Congress created the CFPB: to better understand the emerging risks on the horizon so they could take action and folks on this committee could understand what steps were necessary. This was an action that was entirely authorized within Dodd-Frank Section 1022(c)(4), which specifically authorizes the Bureau to engage in market monitoring activity. And this was an effort that we spent a ton of time getting right. And it is just another example of the indefensible. This is the second largest class of consumer debt in America. People are really hurting, and the fact that the Bureau has been sitting on their hands for months on this project, it is just indefensible. Mr. Foster. What are the sort of risks that that opens us up to if we don't have access to this data? Mr. Frotman. As I mentioned before, we are in the midst of a student debt crisis, and I think one of the goals of this project, which I guess has been put in the drawer, at OMB, was for regulators to better understand what was happening. Student loans are a completely opaque market. Even some of the tools we have in the mortgage context like OCC--had an ability for policy makers--for regulators to understand what the true harm was. I was the top person in charge of student loans at the CFPB for years, and I couldn't tell you right now what the true scope of the problems were in the market because we just don't have access to the data. And for whatever reason, if it was to appease industry or to appease the Department of Education that this project was just stopped, runs fundamentally in the opposite direction of where the Bureau needs to be. Mr. Foster. Was the absence of this data going to be something that will make it difficult to identify the bad actors? For example, for-profit colleges with a very high rate of student loan defaults? Mr. Frotman. It will be. This project was 100 percent focused on trying to better understand where there were problems in this market on the student loan servicing side. So, what type of borrowers were being driven into consecutive forbearances and not getting help? Where was that happening? And I think this is a testament to what the Bureau was trying to be and what this committee tried to create, which was a data-driven enterprise which would look at where the data was, where consumers were hurting, and take action from that. By essentially stonewalling and stopping this project, the top regulator in charge of overseeing over a trillion dollars of non-bank serviced loans is just putting its head in the sand when it comes to student debt. Mr. Foster. In the remaining minute or so, what are the emerging things having to, risks having to do for example with Fintech that we are going to need the CFPB's help with? Mr. Frotman. I think one of the big issues that I worked on and you had one of the experts here talk about this, too, is the concern about using alternative data as a part of black box algorithms and what comes out the other end. One of the things I would love to talk to you more about is the use of educational criteria in terms of underwriting decisions which I think raises a whole host of fair lending concerns. Mr. Foster. Thank you. Ms. Jun, did you have any comments? Ms. Jun. I think I will just add that there are a lot of new interesting ideas in the world and I think that it is really important that CFPB keeps track of how they are actually doing in the market. I hope some of those ideas are actually good and to the results and the consequences that they intend, but I think it is really important that we keep an eye on all of that because there are dangers that come with new things, too. Mr. Foster. Thank you. I yield back. Chairwoman Waters. Thank you. The gentlewoman from Pennsylvania, Ms. Dean, is recognized for 5 minutes. Ms. Dean. I thank you, Madam Chairwoman. Good afternoon. It has been a long day. Before I came to public service, in my previous life I taught at La Salle University for 10 years. It was a real privilege. And so, I have to point out that we are joined today by a former student of mine, Christopher Goins, who is here reporting for us today. How about that? So, it is heartwarming to have you here. But the underlying subject matter is particularly troubling. I care deeply about student loan debt for the reasons that I was a professor, but also because I am a parent. My community members struggle with it. It is certainly not something that anyone should want to ignore or anyone should want to shut down an agency tasked with an independent oversight in this area. I said earlier this morning that in Pennsylvania, my home State, students have an average debt when they leave college of nearly $37,000. Unfortunately, we are the second highest rate in the United States. And as you, Mr. Frotman, have pointed out, it is not just the crushing burden of the debt. It is the long-term consequences, and it is of course consequences to our economy whether we want to grow it or not, because those struggling with this kind of debt are hindered by predatory loan services. They wind up in short-term repayment processes that are crippling, that keep them from borrowing for buying houses. It keeps them from saving for retirement. All of these things build up and become something much greater. I read with interest your letter of resignation and your testimony. And I have to tell you and maybe I want to know your reaction, I was baffled by our earlier panel, because I didn't hear a passion for the mission and in fact, we heard a split passion that somewhere along the way and I think you experienced this in your professional journey, somewhere along the way, this agency went from a goal of protecting consumers to a tug-of-war between protecting consumers and undoing regulations because lenders didn't like them. That is what I heard. That is what I think is at the crux of this problem and who's caught in the balance? Student loan debt, students, and all other consumers. So, I ask you and I will read just a little bit of your letter really quick: ``It is with great regret that I tender my resignation.'' This letter was to Acting Director Mulvaney. ``It was an honor of a lifetime to spend the past 7 years working to protect American consumers. However, after 10 months under your leadership, it has become clear that consumers no longer have a strong, independent consumer bureau on their side.'' And I will skip down, ``Instead, you have used the Bureau to serve the wishes of the most powerful financial companies in America.'' Can you describe to us what you saw in the change of mission and specifically who got caught? And what does student loan debt look like in its problematic pieces? Mr. Frotman. Sure. So, for years, I ran the Bureau's student loan work and it was obviously a massive team effort. We did a lot of good. I think the flipside of that is we saw families across the country hurting. We got 60,000 complaints from student loan borrowers. These were active duty servicemembers, nurses, and teachers who were just trying to get a better life for them and their families. And they chased the American Dream like we all do and we want for our families. And then, they were pushed into a market that was just littered with predatory players. Your home State Attorney General is suing one of the largest servicers for a lot of these practices. And for years, we worked with the Department of Education when they wanted to help borrowers, but never once under my tenure, under Director Cordray, or under Elizabeth Warren, did we ask for a permission slip to do the right thing. And for months, I have been trying to figure out how to articulate this, and I think you heard it this morning in response to your questions and others, the answer to what is the Bureau going to do on student debt always came back to, ``We want to meet with the Department of Education.'' That is not why this committee created the Bureau. Ms. Dean. I really appreciate that. I apologize because we are tight on time. Mr. Frotman. Yes. Ms. Dean. I just want to note, and I am sure you noted that the Ombudsman position, a statutory position, was left empty for 6 months. And yesterday, one of my staff members learned that there is an opening, ``Good afternoon. CFPB is currently seeking candidates.'' This was 1:39 yesterday--coincidence? I don't know. I want to end on the payday lending issue and I want to get your opinion of this, the Director said that the removal of the rule of checking whether or not there was an ability to repay had to do with--I love this euphemism--access to borrowers. We want to give them access. If I could--may I indulge just to ask for a response to the question? Chairwoman Waters. The gentlelady's time has expired. We must move on. We are going to have a vote on the Floor in a few minutes. Ms. Dean. Thank you, Madam Chairwoman. Chairwoman Waters. All right. Thank you. The gentlewoman from Michigan, Ms. Tlaib, is recognized for 5 minutes. Ms. Tlaib. Thank you, Madam Chairwoman. Thank you all so much for being here. Mr. Weltman, I have a question for you. Do you believe the Bureau should exist? Mr. Weltman. I spend my time focusing on our firm and doing our job. And again, I leave those type of policy issues for Congress. Ms. Tlaib. But you are before our committee. I mean, I honestly as your expertise, a lot of colleagues on the other side ask you a question I am just asking. Like, in your opinion, I mean you are here before congressional body educating us on the pros and cons or your experiences. Do you believe the Bureau should exist? Mr. Weltman. I was invited today to share my experience. Ms. Tlaib. Sure. Mr. Weltman. And certainly the way we were treated-- Ms. Tlaib. Yes. You wouldn't answer it either. It is so bizarre to me that out of anybody we could have had here is to have somebody who actually doesn't support consumer protection. I mean, the whole idea of the Bureau was actually in many ways supported by a lot of colleagues on both sides. That is what's so bizarre about it. And now, we are here trying to dismantle it in many ways by some of the rhetoric. Thank you. This question is for the panel. You all know Mr. Mulvaney. We keep hearing about him. He clearly did not act in conformity with the Dodd-Frank Act, nor within the spirit and purpose of what the Consumer Bureau was designed by Congress to do. We all remember the period of reckless and unchecked lending that nearly sent this nation into a second Great Depression and most certainly caused the Great Recession of 2008. I saw it in my neighborhood in Detroit. So many people to this day are still struggling to get out of it. Trillions of dollars of household wealth was lost and many hardworking communities are still recovering from this disaster caused by unchecked predatory lending. In your opinion, how important is it that we have a strong and functional Consumer Bureau for America's families? Second, and this one I am really wanting you to dig deep, I know it is hard to pick one, but if you could ask the Director, if she was here right now, to do at least one thing for consumers in her position, what would that be? Mr. Shelton. The one thing would be simply to restore it back to the conditions and the position it was in, in 2016 at the time they took over and took office. In essence, what we are trying to do is restore something that proved to be successful and let us continue to move in that direction. Ms. Jun. The people that you just mentioned, and all of the clients, they are all the people who were destroyed by the foreclosure crisis and even the ones who were able to save their houses are still struggling. So, yes, overall, pre-CFPB is one that really, really disturbs me. That idea scares me. And I was trying to think of one thing, but I feel like to tie this entire hearing together, it would be to put consumers first again and to protect consumers. And whether you reduce regulation or create new rules or do anything else at this Bureau, the whole point, number one, is to protect consumers. So, I think that would be the one thing I would choose. Ms. Davis. I was going to say the same thing, put consumers first and upholding the authorities that have been granted regarding examinations and comprehensive rules and exercising all the authorities given. Mr. Frotman. I think, listen to the career staff. The people that I worked with for 7 years were some of the best and brightest out there. And where you see the worst coming out of the Bureau is the politicization, from the dropping of Golden Valley to the Military Lending Act. This is what is happening when you politicize an agency that is supposed to be independent and standing up for consumers. Mr. Weltman. Again, thank you. I don't know that I am qualified to comment on the operation of the Bureau, but what I would ask her to do is exactly what I ask you to do: just do her job to the best of her ability. Ms. Tlaib. Sure. So, please tell me, if any of you know, the last time that the Bureau brought a fair lending enforcement action against a financial institution and tell me what you think is happening with racial discrimination in mortgage lending? Mr. Shelton. The last time we can remember? Ms. Tlaib. Yes. Mr. Shelton. It was prior to 2016, and the second part of your question was-- Ms. Tlaib. That is fine. It is part racial discrimination-- I am just going to submit this for the record. I am new here and this timing thing, there is nothing that Chairwoman Waters can do, but it really--it is just awful, and I come from the Michigan legislature and we never had this like timing thing. But I want to submit this for the record. But I think it is really important to show that right now black applicants were almost twice as likely to be denied conventional home purchase loans as white applicants in 2016, and Detroit alone ranked 44 out of 48 communities nationally that found blacks were denied loans at a higher rate. That is really important and I want the Bureau to be able to address that, but I will submit this for the record. Thank you, Madam Chairwoman. Chairwoman Waters. Without objection, it is so ordered. Mr. Garcia, the gentleman from Illinois, is recognized for 5 minutes. Mr. Garcia of Illinois. Thank you, Madam Chairwoman. I want to return to the office of ombudsman, because I think it is so important given the crushing amount of student indebtedness that is out there. So, for 7 years, the Bureau's Office of Students and Young Consumers was led by an independent student ombudsman who stood up for student loan borrowers and young consumers. And according to the Consumer Federation of America, among some of the good work that was done was returning over $750 million to student loan borrowers. You helped more than 60,000 borrowers demand answers from student loan companies and you held predatory companies like Navient and ITT Tech accountable for their practices. So, earlier today, it seemed that Director Kraninger conflated the ombudsman role which she now says she is hiring, which I think is a positive development, with the Office of Students and Young Consumers which has been shuttered. So, my question is, how is the student loan ombudsman role more limited now that the Office for Students and Young Consumers has been eliminated, if that is the case? Mr. Frotman. When they first, in May, announced that they were closing down my office, the Office for Students and Young Consumers, there were a lot of promises about how nothing was going to change. We obviously quickly realized that that was not the case. You don't have to take my word for it. There was a Bloomberg article recently published titled, ``New Head of Student Loan Oversight Office Will Have Less Power.'' This is just factually true. And I think it is really concerning, because what you heard on the panel earlier, every answer the Bureau had about student debt, about education, trying to encourage borrowers to make better decisions, which we all agree with. What you didn't hear once was how is the Bureau going to go after financial companies that are preying on student loan borrowers, and that is the flipside of a very important mission that the Bureau undertook. And I think based on everything that I witnessed, based on what you guys heard this morning, there is a real concern about whether the Bureau is still undertaking that role and this is where that work used to emanate from. Mr. Garcia of Illinois. Thank you. Ms. Jun, you relayed in your testimony earlier a powerful story about a consumer in New York who was able to get $1,200 back from their bank after filing a complaint in the CFPB's public database. As you know, while he was heading the CFPB, Mr. Mulvaney said of his compliance database, ``I don't see anything in here that says I have to run a Yelp for financial services sponsored by the Federal Government.'' Can you elaborate on why it is important that the database remain public? Ms. Jun. Sure. And I will again draw back on my legal aid experiences. That story in my testimony is actually from a colleague of mine, and I saw her handle that case. Another example with the complaint database that comes to mind is we had a client who couldn't get a copy of their credit report. They kept calling Equifax, requesting it. They just couldn't get it. Her attorney filed a complaint with the complaint database and suddenly Equifax was mailing the report. The reason this all works though as you alluded to, Congressman, is because it is public. Companies are aware that it is public and they want a good reputation. In one of my foreclosure cases, opposing counsel would not give me an answer, and the bank would not give my client an answer, but their accountant eventually had filed a complaint and I remember the attorney was very, very upset with me and he said, ``My client really doesn't like being called out in public.'' And I share that all to say the reason this database works is not because the CFPB is merely collecting the complaints, but because that information is available for anyone to see it. Individual consumers can use it to decide where they want to take their business. Advocacy organizations can look at patterns. Regulators can look at that and do research on what is going on in the marketplace. That all happens because it is public and available to a lot of people as an important tool. Mr. Garcia of Illinois. And when it isn't public, what happens? Ms. Jun. I would fear that--I would refer again to the pre- CFPB world where I was litigating, where either you would have to try to sue to get that information and I am a lawyer. So, I have other tools. But an individual consumer probably just keeps calling the 1-800 number for months or years on end, and if they are lucky enough, they might be able to get help and if not, I would really be afraid that they would just never get the information or the help that they need. Mr. Garcia of Illinois. Thank you. Madam Chairwoman, I yield back. Chairwoman Waters. Thank you very much. The gentleman from Florida, Mr. Lawson, is recognized for 5 minutes. Mr. Lawson. Thank you, Madam Chairwoman, and welcome to the committee, witnesses. In a debate that we had earlier today, I was very disappointed that Congress allowed the CFPB to have the independent status that they have today, and they have people in control of the organization right now who really I don't think really care about the consumers. I have heard the testimony from you all which I think was very credible but one of the things that really bothered me, and I know it is a stressful time and probably the Federal Government still makes about $1.6 billion off of students. And from the standpoint of the vampires at the corporate level, makes even more than that. Even though you stress, Mr. Frotman, that we have about $1.5 trillion in defaults, people are still making a tremendous profit off of students, and according to Mr. Shelton and he is absolutely right, higher education cost is increasing. So, higher education cost increases, student loans increase, and as a result, it creates more debt, and higher education can continue to increase because we can't stop it the way it is exploding. But we have corporate vampires that are sucking the blood out of this situation. And there is something that needs to be done. It is going to have to be Federal legislation that really changes it. And I don't know whether any of you all care to respond. The $1.6 billion that was made by the Federal Government in 2016, now in 2018, how much money is still being made by the Federal Government? I don't think the Federal Government should be, in my opinion, making a profit off of the back of students. If you all care to respond, please do. Mr. Shelton. I might start it. I think the response is we have to be--we have to think about it freshly and anew. If you think about when programs like Pell Grants were initially put in place and student loan programs were simple, they were done to respond to the present cost of higher education hoping to open the doors of real opportunity for all students across the country. We have to go back to that, at least look at the programs they put in place and see what the buying power is now. Forcing students into debt is absolutely unacceptable. We are very clear on that. We are seeing today on how damaging and destructive it is to one's future. Going to college in the first place, making that investment in yourself in the first place or your children was all set planning for that future and indeed, what we are seeing is something that is doing just the opposite, we see those who are making tremendous profits again at the hides and the very future of our young people. So, we are going to have to move along those, assess each of the programs, move them away from student debt into Pell Grant programs and other grant programs along those lines. So, again, every student in our country can truly get an opportunity. Let me say this last point. We are one of the few industrialized countries on the face of the earth that forces our students into this level of debt. Let's take a look at some of those other countries as well and see why it is different. I met a Ph.D. candidate who works for one of our Congresswomen right now here in Washington who was in Germany because the tuition to get her Ph.D. was free. Mr. Lawson. Wow. Mr. Frotman, would you like to respond? Mr. Frotman. Just to add quickly, we also see a whole host of private sector companies who are getting hundreds of millions of dollars, of taxpayer dollars, to then service that debt. So, one of the things that the Bureau spent a lot of time on was trying to improve Federal student loan servicing, which is good for consumers, but also represents the fact that we are paying these companies to try to help borrowers and they are failing miserably. One of the companies, in Federal court, Navient, wrote, ``There is no expectation that the servicer will act in the interest of consumers.'' And that is what the Bureau was trying to tackle while I was there. Mr. Lawson. I am not going to ask, my time is running out, but what is happening at the university level? I am a former coach and athlete, and they are paying athletes now more money to perform. They don't leave with debt. But at the same time, and wind it down is our students at the same level leave with tremendous amount of debt. Madam Chairwoman, I yield back. Chairwoman Waters. Thank you very much. I would like to thank our witnesses from this second panel for your testimony today. I am so appreciative for your patience. Many of you or all of you I think have been here all day. You sat through the first panel and you stayed. You didn't run away and I am very grateful for that, and I thank you so very much. And while we don't normally give applause to our witnesses, I break the rules all the time. [applause] The Chair notes that some Members may have additional questions for these witnesses, 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.