[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] PROTECTING CONSUMERS DURING . THE PANDEMIC? AN EXAMINATION OF THE CONSUMER FINANCIAL PROTECTION BUREAU ======================================================================= HYBRID HEARING BEFORE THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS SECOND SESSION __________ JULY 30, 2020 __________ Printed for the use of the Committee on Financial Services Serial No. 116-106 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] ______ U.S. GOVERNMENT PUBLISHING OFFICE 43-343 PDF WASHINGTON : 2021 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 ANN WAGNER, Missouri GREGORY W. MEEKS, New York PETER T. KING, New York WM. LACY CLAY, Missouri FRANK D. LUCAS, Oklahoma DAVID SCOTT, Georgia BILL POSEY, Florida AL GREEN, Texas BLAINE LUETKEMEYER, Missouri EMANUEL CLEAVER, Missouri BILL HUIZENGA, Michigan ED PERLMUTTER, Colorado STEVE STIVERS, Ohio JIM A. HIMES, Connecticut ANDY BARR, Kentucky BILL FOSTER, Illinois SCOTT TIPTON, Colorado JOYCE BEATTY, Ohio ROGER WILLIAMS, Texas DENNY HECK, Washington FRENCH HILL, Arkansas JUAN VARGAS, California TOM EMMER, Minnesota JOSH GOTTHEIMER, New Jersey LEE M. ZELDIN, New York VICENTE GONZALEZ, Texas BARRY LOUDERMILK, Georgia AL LAWSON, Florida ALEXANDER X. MOONEY, West Virginia MICHAEL SAN NICOLAS, Guam WARREN DAVIDSON, Ohio RASHIDA TLAIB, Michigan TED BUDD, North Carolina KATIE PORTER, California DAVID KUSTOFF, Tennessee CINDY AXNE, Iowa TREY HOLLINGSWORTH, Indiana SEAN CASTEN, Illinois ANTHONY GONZALEZ, Ohio AYANNA PRESSLEY, Massachusetts JOHN ROSE, Tennessee BEN McADAMS, Utah BRYAN STEIL, Wisconsin ALEXANDRIA OCASIO-CORTEZ, New York LANCE GOODEN, Texas JENNIFER WEXTON, Virginia DENVER RIGGLEMAN, Virginia STEPHEN F. LYNCH, Massachusetts WILLIAM TIMMONS, South Carolina 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: July 30, 2020................................................ 1 Appendix: July 30, 2020................................................ 75 WITNESSES Thursday, July 30, 2020 Kraninger, Hon. Kathleen L., Director, Consumer Financial Protection Bureau (CFPB)....................................... 5 APPENDIX Prepared statements: Kraninger, Hon. Kathleen L................................... 76 Additional Material Submitted for the Record Waters, Hon. Maxine: ``Consumer Financial Protection in the COVID-19 Crisis: An Emergency Agenda,'' by Richard Cordray, Diane E. Thompson, and Christopher L. Peterson................................ 90 Written statement of the National Association of Consumer Advocates (NACA)........................................... 100 Written statement of U.S. PIRG............................... 102 Budd, Hon. Ted: Written statement of the Heritage Foundation................. 130 McHenry, Hon. Patrick: Written statement of the Association of Credit and Collection Professionals (ACA)........................................ 119 Written statement of the Consumer Bankers of America (CBA)... 122 Written statement of the National Association of Federally- Insured Credit Unions (NAFCU).............................. 127 Mooney, Hon. Alexander X.: Written statement of the American Bar Association (ABA)...... 147 Kraninger, Hon. Kathleen L. : Written responses to questions for the record submitted by Chairwoman Waters.......................................... 156 Written responses to questions for the record submitted by Representative Cleaver..................................... 204 Written responses to questions for the record submitted by Representative Kustoff..................................... 212 Written responses to questions for the record submitted by Representative Tipton...................................... 214 PROTECTING CONSUMERS DURING THE PANDEMIC? AN EXAMINATION OF THE CONSUMER FINANCIAL PROTECTION BUREAU ---------- Thursday, July 30, 2020 U.S. House of Representatives, Committee on Financial Services, Washington, D.C. The committee met, pursuant to notice, at 12:38 p.m., in room 2128, Rayburn House Office Building, Hon. Maxine Waters [chairwoman of the committee] presiding. Members present: Representatives Waters, Velazquez, Sherman, Clay, Cleaver, Himes, Foster, Heck, Vargas, Gottheimer, Gonzalez of Texas, Lawson, Tlaib, Porter, Axne, Casten, McAdams, Wexton, Lynch, Adams, Garcia of Illinois, Garcia of Texas, Phillips; McHenry, Wagner, Lucas, Posey, Luetkemeyer, Huizenga, Stivers, Barr, Tipton, Williams, Hill, Emmer, Zeldin, Mooney, Davidson, Budd, Kustoff, Hollingsworth, Gonzalez of Ohio, Rose, Steil, Gooden, Riggleman, and Taylor. 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. Before we begin today's hearing, I want to remind Members of a few matters, including some required by the regulations accompanying House Resolution 965, which established the framework for remote committee proceedings. First, I would ask all Members on the Webex platform to keep themselves muted when they are not being recognized by the Chair. This will minimize disturbances while Members are asking questions of our witnesses. Members on the Webex platform are responsible for muting and unmuting themselves. The staff has been instructed not to mute Members except when a Member is not being recognized by the Chair, and there is inadvertent background noise. Members on the Webex platform are reminded that they may only attend one remote hearing at a time, so if you are participating today, please remain with us during the hearing. Members should try to avoid coming in and out of the hearing, particularly during the question period. If, during the hearing, Members wish to be recognized, the Chair recommends that Members identify themselves by name, so as to facilitate the Chair's recognition. I would also ask that Members be patient as the Chair proceeds, given the nature of the online platform the committee is using. In addition, the Chair informs the Members participating in person that in enforcing order and decorum in the hearing room, the Chair has a duty to protect the safety of the Members. The attending physician provided the following guidance: ``For U.S. House of Representatives meetings in a limited enclosed space, such as a committee hearing room, for greater than 15 minutes, face coverings are required.'' Accordingly, the Chair will treat wearing masks as a matter of order and decorum, and all Members should wear masks. The Chair has a strong preference for Members to wear masks even while being recognized. Members who do not wish to wear masks may participate virtually through the Webex platform. Today's hearing is entitled, ``Protecting Consumers During the Pandemic? An Examination of the Consumer Financial Protection Bureau.'' I will now recognize myself for 5 minutes for an opening statement. I would like to welcome Director Kraninger to what I hope will be her last appearance before this committee as Director of the Consumer Financial Protection Bureau (CFPB). Ten years after we passed the Dodd-Frank Act to end the predatory and discriminatory practices that caused the financial crisis, we find ourselves in the midst of an economic and health crisis caused by incompetence and exacerbated by narcissism, that once again hits the most vulnerable Americans the hardest. The scale of the crisis is unprecedented. Today, we learned from the Bureau of Economic Analysis that the gross domestic product (GDP) decreased at an annual rate of 32.9 percent in the second quarter of 2020, which is the largest drop ever recorded. Our consumers need a strong Consumer Bureau that provides robust protections on their behalf and holds financial institutions accountable when they commit abuse. A record number of people have filed complaints about financial institutions with the CFPB during the COVID-19 crisis. We know that consumers are reporting major hardships in working with payday lenders, mortgage servicers, credit card companies, and the credit reporting bureaus. They are reporting long wait times, inconsistent information from consumer representatives, and a lack of follow-up. Unfortunately, our witness today, CFPB Director Kathy Kraninger, has done next to nothing of substance about any of this. Instead, she has focused the Consumer Bureau on weakening critical consumer protections, relaxing enforcement against financial institutions, and undermining the agency from the inside. Director Kraninger, let's review some of the harmful actions you have taken since March, when the pandemic began. You issued a final rule, rolling back key safeguards for payday, car title, and installment loans, exposing consumers to high-cost predatory loans. It is shameful to open the floodgates to predatory loan products to trap consumers in a cycle of debt at any time. But to do so during a pandemic is egregious. It is hands-down the most anti-consumer action you have taken as Director, and given your record, that is saying a lot. You also weakened the reporting requirements under the Home Mortgage Disclosure Act (HMDA), willfully hindering the ability of the Consumer Bureau researchers, journalists, advocates, and the public to detect redlining and patterns of discrimination in mortgage lending. An investigation by Reveal News found evidence of modern- day redlining in 61 metropolitan areas across the country, using the public data set that you are now degrading. It is deeply irresponsible and malicious to undermine this important tool. In addition, you have issued an Advance Notice of Proposed Rulemaking (ANPR) to make substantial changes to the agency's Qualified Mortgage (QM) rule, which is the rule implementing the standards with which lenders first demonstrate that a borrower can repay a loan before signing mortgage documents. It is, unfortunately, all too fitting that you seek to undermine the standard on the 10-year anniversary of Dodd- Frank. You may not remember the financial crisis, but I and the members of this committee do. We included the standard in Dodd- Frank because the proliferation of unaffordable and predatory mortgage loans was an essential driver of the 2008 financial crisis, and caused millions of families, and especially borrowers of color, to unfairly lose their homes. These actions are just the latest that you have carried out to sabotage the very agency you have been entrusted with leading. Your actions are betrayals of the consumers you are tasked with protecting. And so, having said that, I am a little bit disturbed that I am missing the television portrayal of the funeral of John Lewis, with magnificent speakers there today, but we have to carry on with the business. And I now recognize the ranking member of the committee, the gentleman from North Carolina, Mr. McHenry, for 5 minutes for an opening statement. Mr. McHenry. Thank you, Madam Chairwoman. I would point out that the Majority schedules the timing of these hearings. But the partisan nature of the Chair's opening comments, I think, belies the seriousness of our current politics in the midst of this pandemic, sadly. But, Madam Chairwoman, I want to welcome Director Kraninger for the first of what I hope are many appearances before the committee in the coming years. If I were not wearing a mask, you would see that I say that with a smile and in an attempt to be lighthearted in the midst of what is a pretty disastrous political discussion we are having here in Washington. Look, to me, Democrats are asking questions. The CFPB is protecting consumers both during and outside of the pandemic. If you look at the facts in a fair-minded way, and recent actions by the Bureau, I can safely answer my colleagues' questions with, yes, they are. Despite what the Democrats say to score political points, this CFPB, under your leadership, Director Kraninger, has worked diligently to provide resources, guidance, and protection for consumers most at risk in these unsettling times. The reorder has encouraged financial institutions to work with borrowers; provided increased flexibility for supervision enforcement activity; clarified guidance to mortgage servicers to comply with the Coronavirus Aid, Relief, and Economic Security (CARES) Act forbearance requirements; created an elder fraud prevention response network development guide; released an updated COVID-19 consumer complaint data bulletin; and outlined the roles and responsibilities of credit reporting companies and furnishers to create a consumer relief guide for mortgage payment forbearance and foreclosure protection. Pretty darn good work, I must say, and at the same time, keeping your workforce safe. These are just a few of the CFPB's pandemic-related initiatives. Apart from its response to the pandemic, this Bureau, under your leadership, has approached difficult and polarizing topics with a steady hand over the last year-and-a-half. And I want to thank you for that. You have increased clarity in the market for consumer lending. One example is the Bureau's recent rulemaking to revise the 2017 small-dollar lending rule. We know that small-dollar loans are a lifeline for millions of Americans in need. They help consumers cover unexpected expenses or income shortfalls during periods of economic stress, like we are currently experiencing now. The decision to revise that 2017 rule is a necessary step to increase clarity and access in a market that serves millions of Americans trying to make ends meet. We must continue to review and right-size burdensome regulations that inhibit lending into the real economy at a time when the American people need it most, and they can at least afford that inhibited lending. Lastly, Director Kraninger, as we have discussed in the past, my colleagues and I believe you have too much power. The structure of the Bureau is unchecked by Congress and the President. And you have even agreed with me on that consistently, both before and after your confirmation. And since Dodd-Frank's enactment, Republicans have argued that the Bureau's structure is unconstitutional; the funding mechanism leaves it unaccountable to anyone. This past June, the Supreme Court agreed with what Republicans have been saying all along. In striking down a structure created by the Democrats in 2010, the Supreme Court found that the Director holds too much power and violates the separation of powers. We now have a real opportunity to work together on necessary statutory reforms to the Bureau, reforms that will benefit consumers and bring clarity and clear guidance. A leader in that effort is my colleague and friend, Blaine Luetkemeyer. Director Kraninger, I want to thank you for your leadership. And I want to yield the balance of my time to Mr. Luetkemeyer. Mr. Luetkemeyer. Thank you. Thank you, Ranking Member McHenry, and thank you, Director Kraninger for being here today. Just a few weeks ago, the Supreme Court confirmed that the structure of the CFPB is unconstitutional. The Director can be fired at will by the President of the United States. The structure and in-person authority of the CFPB have turned into a political football that will no doubt swing back and forth, on a political pendulum, creating uncertainty and confusion for financial institutions and consumers for decades to come. That is why I have introduced legislation that changes the leadership structure of the CFPB from a single Director who can be fired at will, to a bipartisan five-member commission. Last Congress, this legislation enjoyed bipartisan support in this committee. However, in the 116th Congress, this solution only garners support from my side of the aisle. Changing the leadership structure and increasing government oversight of the CFPB are vital to protect businesses and consumers. I look forward to discussing these issues with you today. With that, Madam Chairwoman, I yield back. Chairwoman Waters. It is now time to hear from Director Kathy Kraninger. Director Kraninger has testified before the committee previously, so I believe she needs no further introduction. You will have 5 minutes to summarize your testimony. When you have one minute remaining, a yellow light will appear, and at that time, I will ask you to wrap up your testimony so we can be respectful of the committee members' time. And without objection, your written testimony will be made a part of the record. You will now be recognized for 5 minutes to present your oral testimony. STATEMENT OF THE HONORABLE KATHLEEN L. KRANINGER, DIRECTOR, CONSUMER FINANCIAL PROTECTION BUREAU (CFPB) Ms. Kraninger. Chairwoman Waters, Ranking Member McHenry, and members of the committee, thank you for this opportunity to provide you with an update on the fantastic work the CFPB has been doing since we last met. I appear before you as the country is engaged in the national conversation on racial inequality and confronting the unprecedented pandemic. Today, I would like to discuss both of these topics with you. Under my leadership, the CFPB is taking steps to help create real and sustainable changes in our financial system so that African Americans and other minorities have equal opportunities to build wealth and close the economic divide. Earlier this week, I authored a blog outlining the Bureau's important fair lending work. We also issued a request for information on how best to create a regulatory environment that prevents credit discrimination in all aspects of the transaction and expands access to credit. The information that is submitted will help us Enforce the Equal Credit Opportunity Act (ECOA). Among the topics the public can comment on are how to better protect consumers with limited English proficiency, as well as applicants who derive income from any public assistance program. I encourage the public to respond so that we can build a financial system that treats everyone fairly and provides clear rules of the road. Having clear standards helps us identify any violations in fair lending laws. Recently, the Bureau filed a lawsuit alleging a lender had violated ECOA by discouraging African Americans from applying for loans through its advertising. The Bureau also announced a settlement last year with the mortgage corporation that violated the Home Mortgage Disclosure Act and Regulation C by intentionally submitting years of mortgage loan data that contained errors in the fields of race, ethnicity, and sex. Since my last testimony before the committee, I have requested critical authority from Congress to allow the Bureau to compensate whistleblowers. In our enforcement work, we have seen firsthand that whistleblowers can provide key information on fair lending violations. I want to thank Congressman Green for introducing legislation similar to what I requested. I stand ready to work with Congress to secure this important authority. Now, let me take a moment to discuss how we are protecting consumers during the pandemic. We have worked to expand our reach to consumers to provide them with actionable, useful information about their rights, options, and expectations in the market for consumer financial products and services. We have produced over 70 blogs and videos that have been accessed directly by more than 3 million users. Through our social media reach, staff estimates our materials have been sent to 41 million unique users. These materials are available in seven different languages and have been constantly updated to adapt to the changing dynamics. We have also promoted our consumer complaint system. When consumers submit complaints to the Bureau, they help inform our work in supervision, enforcement, regulation, and education. Specifically, in response to complaints and other market and stakeholder feedback, we worked with interagency partners to quickly address a student loan-related credit reporting issue, as well as CARES Act mortgage forbearance lump sum payment concerns. From January 1, 2020, through July 26, 2020, consumers have submitted more than 270,000 complaints to the Bureau, of which more than 14,000 complaints specifically referenced the coronavirus. Each month, from March through June, set a new monthly record for complaints. Our consumer contact center and our online portal have operated efficiently and effectively throughout the pandemic to take those consumer complaints and refer them to companies for response and ensure those responses are received. We also partnered with other Federal agencies to develop and launch a unified housing website to provide consumers with comprehensive and accurate information on their rights during this time. The Bureau has also developed a new targeted supervisory approach called Prioritized Assessment to focus on those markets and institutions that pose the greatest risk to consumers as a result of pandemic-related issues. We remain fully engaged in the execution of the Bureau's critical mission, including continued progress on our regulatory agenda, which is relevant to the pandemic and ultimate economic recovery, as well as our supervisory and enforcement work. We work closely with partners and stakeholders, recognizing the important roles that others play in supporting our consumer protection mission and preventing harm. I am particularly proud of the Bureau staff's excellent work during these challenging and unprecedented times. And thank you again for allowing me the opportunity to testify today. I look forward to the questions. [The prepared statement of Director Kraninger can be found on page 76 of the appendix.] Chairwoman Waters. Thank you very much. I now recognize myself for 5 minutes for questions. Director Kraninger, under your leadership, the Consumer Bureau has brought fewer lending enforcement options, rolled back consumer protections against predatory and payday lending, scaled back data used to combat discriminatory practices like redlining, and engaged in inappropriate personnel practices, such as allowing political appointees like Thomas Ward to burrow into the Agency and take what should be a nonpartisan career position, and in hiring Eric Blankenstein, who has well- documented racist views, and Paul Watkins, who was affiliated with an anti-LGBTQ hate group. Director Kraninger, when we were in a financial crisis more than a decade ago, Congress determined that consumers needed an agency solely dedicated to protecting them from the abusive practices and products that contributed to the crisis. When Congress passed the Dodd-Frank Act and created the Consumer Bureau, we clarified the rules of the road and tasked the Agency with enforcing the law and protecting consumers in the financial marketplace. The pandemic has only heightened the need for the Consumer Bureau to protect struggling consumers. Unfortunately, the Consumer Bureau has engaged in deregulation without facts or reasoning and seems to be protecting the interest of industry over the interest of consumers. Director Kraninger, what proactive supervisory and enforcement steps has the Consumer Bureau taken to protect consumers who have lost income due to COVID-19 and are struggling through no fault of their own? How are you utilizing the authorities at the Consumer Bureau's disposal to protect consumers against bad actors that are taking advantage of our communities during this crisis? What have you done? Ms. Kraninger. Chairwoman, our supervisory and enforcement work continues through the pandemic. I will say briefly about supervisory actions, because I think it is a very different approach than we have had. Typically, examiners go to an institution and look at loan files from 2 years ago, and assess compliance against the law, which is important. We instituted, as a result of the pandemic, a prioritized assessment process. We are going to hundreds of institutions across the spectrum in a risk-based approach to look at what they are doing with respect to the pandemic. What are their operational challenges? Are they following the guidance to accommodate their customers? Are they following the CARES Act processes? Are they providing clear information to consumers? And we are looking to again prevent consumer harm by addressing that right at the issue and right at the point where that activity-- Chairwoman Waters. Director Kraninger, after you do all of those reviews and ask those questions, then what do you do? Ms. Kraninger. Chairwoman, if we find violations, we will act on them. But I will say that the vast majority-- Chairwoman Waters. Give us an example of one of those actions you have taken? Ms. Kraninger. I'm sorry, Madam Chairwoman, I didn't understand that. Chairwoman Waters. After you have done your reviews making sure that people are doing what they are supposed to do, when you find that they have not been doing it, what do you do, and give us an example of one that you have taken care of? Ms. Kraninger. That is a confidential process through the examination, but we do get restitution for consumers through supervision. There are a bunch of examples in the semi-annual report of the amount of restitution that has been gotten through supervision. We also certainly believe there are bad actors or if this is a sustained issue with respect to violations, that is referred to enforcement. We also independently take enforcement actions. And in the pandemic, we have been incredibly active with all of our law enforcement partners from State Attorneys General to the Justice Department and the FTC and-- Chairwoman Waters. Director Kraninger, are those enforcement options that you have taken available to Members of this Congress? Can we see what you have documented that you have done when you have done your reviews and discovered that you have people in departments who are not doing what they are supposed to do? Can we review what you have done? Ms. Kraninger. Yes, Madam Chairwoman-- Chairwoman Waters. Thank you. Let the record indicate that the chairwoman is interested in reviewing actions taken by the Director of the Consumer Financial Protection Bureau after she has done reviews in which she has determined that those who have not been following the rules, the laws, the procedures, et cetera, so we can understand exactly what she has done. Also, while I have a few minutes here, consumer complaints during the COVID-19 period have surged. Nearly half of all complaints, 46 percent, were related to credit reporting. Nevertheless, in April, the Consumer Bureau announced that it would allow much greater flexibility in how long credit reporting agencies may take to investigate consumer report disputes. Do you think it is appropriate for the Consumer Bureau to announce that it would weaken enforcement of the Fair Credit Reporting Act's requirements for credit reporting agencies, like Equifax, to investigate disputes in a timely fashion? My time is up. You do not have time to answer that. I will submit that question to you in writing for further answers. The gentleman from North Carolina, Ranking Member McHenry, is recognized for 5 minutes. Mr. McHenry. Thank you, Director Kraninger, for being here, and thank you for managing this process. I know it is awkward to speak with a mask on and to sit behind, effectively, a salad guard, or whatever those things are that you are behind, but we are trying to do our best. And there are a couple of broad things I want to talk about. Obviously, a Supreme Court decision, which is something I brought up in my opening statement--you have consistently said that you believe that the Director is given too much power, and that Congress should remedy this. And I appreciate the fact that you have continued to have that same view, even though you have this enormous power and it sort of lacks accountability standards as well. Has your view of your role shifted since the Supreme Court decision? Ms. Kraninger. Congressman, certainly, we reviewed the case. I was very gratified that the Supreme Court took up that case and made the decision on it. It created a lot of uncertainty in the Agency's enforcement actions and around the Agency's mission. And I think that is incredibly helpful to the process. I will say with respect to additional changes in structure or otherwise, I leave those in the hands of Congress. To the extent that you all decide to make changes to that, and that it becomes law, we will certainly work to institute those changes. Mr. McHenry. I also mentioned a small-dollar lending rule. There are details of this that I agree with, and there are details of it with which I disagree. But why did you take the action on the small-dollar lending rule? Ms. Kraninger. Congressman, there was a lot of concern. Frankly, we were in litigation over that rulemaking. There was a lot of concern about the dramatic impact that would have on the availability of small-dollar credit. We know there is significant demand and need and interest in small-dollar credit. That has been documented, and Congress has even taken action, funding a small-dollar program through CDFI. So, trying to promote competition in that space is an important aspect of it. And there were a lot of issues with respect to the payday rule that were undermining that. Most pointedly, though, we followed the Administrative Procedure Act and noted and documented that the initial rule did not have the robust evidence and legal basis given that dramatic impact on small-dollar credit availability. Mr. McHenry. So, there are benefits in terms of credit availability and benefits for certainty, right? Regulatory certainty? And that will have a positive impact on consumers and their access. Will you continue to ensure that there is diligent oversight of the industry? Ms. Kraninger. Absolutely. Our enforcement actions have continued apace in this industry as in others. We know there are bad actors in every market. And so, we will continue to enforce the law and engage in examinations of payday lenders, which we have done. But in addition to that, we are doing work on disclosure testing to ensure that consumers do understand this product. There is a lot of evidence that they understand it, but let's actually continue to do the disclosure testing as well. So, there are a lot of different aspects of this. Mr. McHenry. Director Kraninger, I want to thank you for reviewing Section 1033 of Dodd-Frank, and reaching out to the industries about this, and consumers. That section focuses on consumers' ability to access their financial information. I know Congress, we want to do our work for data privacy for our jurisdictions. I think there is consensus between all parties on the need, and then we can dial down in terms of changes. But this statutory requirement is interesting in light of the massive change that is happening in banking, and the feedback we have gotten. For example, Fintech companies offer improved personal financial management, faster loan underwriting, and better payment services. And those are positive developments. And I want to make sure that we continue to foster that exact sort of innovation. Is that the reason why you are undertaking this? What are the benefits for review of the regulatory framework? Ms. Kraninger. Certainly, one key priority and principle of the activity is continuing to promote innovation in this case. And we had a symposium just a few months ago to talk through this issue and bring experts together. It was truly a robust conversation. The Agency has allowed the industry and all stakeholders and the public to continue to take advantage of those innovations in the marketplace. But we are at the point now where we really should examine the way in which that data transmission occurs, and that is why we are moving to an advance notice of proposed rulemaking. Mr. McHenry. And let me close by saying, thank you. You have been a good public servant, and you continue to act in accordance with the law, you have been open to feedback, and I appreciate that. I very much appreciate it. Madam Chairwoman, I ask unanimous consent to insert into the record two letters. The first is a July letter to the Financial Services Committee from the Consumer Bankers Association articulating a number of thoughts on the CFPB's rulemaking and actions. And the second is a July letter from the Association of Credit and Collection Professionals opining on the CFPB's rulemaking as it relates to the Fair Debt Collection Practices Act. Chairwoman Waters. Without objection, it is so ordered. Mr. McHenry. Thank you, Madam Chairwoman. Chairwoman Waters. The gentlewoman from New York, Ms. Velazquez, is now recognized for 5 minutes. Ms. Velazquez. Thank you, Madam Chairwoman, and Ranking Member McHenry, for holding this important hearing, especially at this time. Director Kraninger, earlier this month the CFPB finalized its revision to the payday lending rule, keeping out a key provision of the regional rule developed by Dr. Cordray, the ability-to-repay requirement. Do you believe the Bureau's revised rule will leave low- income borrowers and those of color more or less protected from unscrupulous payday lenders during this pandemic? Ms. Kraninger. Congresswoman, the mandatory underwriting provisions are having the impact of a substantial reduction in the availability of small-dollar credit for all communities, and particularly the communities you mentioned, vulnerable communities who are really in need of access to responsible products for small-dollar loans. And that was the primary consideration. If protections continue with respect to the payments provision-- Ms. Velazquez. I hear you. I disagree with you in terms of access to credit. Basically, smaller institutions are the ones that are providing loans to individuals and small businesses, not the--so how would you respond to the president of the Center for Responsible Lending, Mike Calhoun, who said that the pain caused by the CFPB regarding the payday rule will be felt most by those who can least afford it, including communities of color who are disproportionately targeted by payday lenders? Ms. Kraninger. Congresswoman, the availability of credit had--and that rulemaking did have a broader impact. The number of banks that are issuing small-dollar products was substantially limited. There are no mitigating factors to support that-- Ms. Velazquez. You are saying that Mr. Calhoun is wrong, but you are right? Director Kraninger, a review of the CFPB's consumer complaint database shows that consumer complaints have increased dramatically in the start of the pandemic. However, CFPB rules still allow companies up to 60 days to respond to a consumer complaint. Given the rising number of complaints and the economic uncertainty many individuals and households are facing, why has the CFPB not started to shorten this response time? Ms. Kraninger. Congresswoman, I should, off the top of my head, have the response time, but it is substantially shorter than that. I believe we are basically in a week for most turnarounds. The 60-day allowance is really because of some of these more complicated issues, in terms of what the complaint is and making sure it is addressed. So, I think we have a fantastic record of actually getting a meaningful response-- Ms. Velazquez. So, why not shorten the 60-day requirement, or the 60 days timeline, given the fact that consumers are suffering in this country? These are people who are in trouble right now, so why not shorten the 60 days? Ms. Kraninger. Congresswoman, the vast majority--we will get back to you with an actual number-- Ms. Velazquez. It would be great to have some empathy. Director Kraninger, mortgage-related concerns represent the highest percentage of COVID-related complaints received by the Bureau. Earlier this month, we held an Oversight Subcommittee hearing in which we learned that some mortgage servicers are failing to notify borrowers of their right of forbearance under the CARES Act. Is the CFPB concerned that some servicers are failing to accurately represent borrowers' rights under the CARES Act? How is the CFPB working to address this issue? Ms. Kraninger. We have produced a significant amount of material in cooperation with HUD and FHFA scripts for servicers so they have very clear messages that they are supposed to provide to their customers. We have done videos for customers. And, in fact, many of the servicers are pulling the information off the CFPB's website and sending it to their customers in multiple languages. This is all available-- Ms. Velazquez. Do you have any data as to any complaints coming from individuals who feel that their rights have not been protected? Ms. Kraninger. There were complaints right around the CARES Act passage about concerns about being able to pay their mortgages, and concerns about the messages that they were getting. We acted expeditiously, really, since March-April complaints and address them through a lot of different actions and they have gone down substantially since that time. We are certainly still monitoring, and if we see an increase, or if we see any bad action, working really closely with FHFA, actually, we were looking at all of this, and we are acting. Ms. Velazquez. Thank you. Chairwoman Waters. Thank you. The gentlewoman from Missouri, Mrs. Wagner, is recognized for 5 minutes. Mrs. Wagner. Thank you, Madam Chairwoman. And welcome back, Director Kraninger. I want to just first thank you for your service to our country and for your service to all of the consumers in Missouri's Second Congressional District. I appreciate your leadership now, and I look forward to it in the future. Before I begin my questions, I also wanted to thank you for all the work that you have done, not only increasing transparency at the CFPB, but also streamlining and tailoring regulations to better protect and provide, I think, clarity for consumers and the private sector. So, thank you for that. While I am proud of your efforts to increase transparency and accountability, the CFPB issues regarding its structure go beyond that of any one Director. Now that the Supreme Court has made its decision regarding the structure of the Bureau, it is time for Congress to work together to put the Bureau on a budget, overseen by Congress, and run by a bipartisan board. Director Kraninger, would you please discuss how the credit reporting provisions in the CARES Act are working to protect consumers who have been impacted by COVID-19? Ms. Kraninger. That is a very important issue, and I think we are in a much better position than we were after the financial crisis in recognizing the importance of the credit reporting system, and our ability to act very quickly on issues as they occur, and address them so that they don't impact consumers. The CARES Act provision first requires that those who are affected by the pandemic be reported as, ``current,'' when they are in a forbearance program under the CARES Act. And that is something that we are monitoring. I mentioned earlier the prioritized assessment that includes a constant presentation that the CFPB has with the national credit reporting agencies. We are looking at, specifically, what they're doing with the information that comes in. We are also doing examinations of furnishers on the other side to make sure they are reporting the right way. Of course, ``current,'' is not the only thing that is in the data that gets transmitted by the furnishers. There are a lot of different details about how precisely you continue to comply with FCRA in terms of accuracy and otherwise. But we are all working very closely together to keep that intent of Congress implemented. Mrs. Wagner. Recently, the Bureau announced that it would be issuing an advance notice of proposed rulemaking regarding consumer-authorized access to financial records. How does the Bureau intend to address privacy and security concerns in an environment where many unregulated or underregulated companies are eager to, as we know, obtain and resell consumers' financial data? Ms. Kraninger. Section 1033 is, of course, what you are referencing, and Congress anticipated there might be a need for rulemaking. We are still looking at that. The primary driver is that the consumer should be the one who authorizes the data use. But to your point, privacy and security issues are intertwined with that, and are incredibly important. The means by which many of the data aggregators have been accessing that data is by consumers providing their banking credentials. And that, of course, means the entity can go in and screen scrape the data and take it out. That has caused a lot of concerns by those who believe they are stewards of that data. So, we have a lot of technical data access issues there with respect to how that happened. And it was not pre-decided that there needs to be a rule, but it will be a challenging rulemaking to take precisely the privacy and security, and make it lasting so that it doesn't change based on technology changes as well. So, we are really looking to do that right. Mrs. Wagner. I think so, too. How will the Bureau ensure that the password's enhanced data portability does not lead to consumer exploitation or an uneven playing field between depositing holding institutions and potentially underregulated Fintech companies? I have concerns about that, too, as you move forward. Ms. Kraninger. No, you are outlining precisely the challenge here. Again, the consumer is front and center in Section 1033, but there also needs to be information to that consumer about what they might be opening up. Mrs. Wagner. Okay. Thank you. My time has expired, and I yield back. Chairwoman Waters. Thank you. The gentleman from California, Mr. Sherman, who is also the Chair of our Subcommittee on Investor Protection, Entrepreneurship, and Capital Markets, is now recognized for 5 minutes. Mr. Sherman. I have five quick, easy questions. First, paced loans: Congress passed a law in 2018 requiring regulations, including the ability to repay. In March 2019, you issued a proposed rule. In October 2019, and February 2020, I had a chance to ask you about the status. We need to protect the consumers. When do we get the regulations? Ms. Kraninger. Congressman, I can give you a slightly better answer than I did in February. The data collection that we need to predicate that notice of proposed rulemaking will begin in September, early September. The Paperwork Reduction Act requirement does take a significant amount of time. But by early September, that data collection will happen. We will have the data this year. Mr. Sherman. So, the work you promised in February will start in September. Next, I want you to be as quick as possible on that. Ms. Kraninger. Understood. Mr. Sherman. Next, consumer credit scores: People lose their jobs because of COVID. They have negative--they are unable to pay this or that bill. Is that a fair entry on their credit report and a good predictor of how well they will be able to pay their bills once the crisis is over? Ms. Kraninger. Congressman-- Mr. Sherman. Can we prevent these negative items during the COVID crisis from being on the credit report? Ms. Kraninger. I know you are asking a critically important question that you in Congress are actually thinking about and looking at now. Mr. Sherman. You could solve the problem for us. You could simply prohibit--I hope you will look at preventing these negative items from being on the credit report. But one particular area where Congress has acted, the CARES Act, said that mortgage forbearance is allowed to homeowners and prohibits negative credit reporting from using that forbearance. But FHFA charges premiums on mortgages to borrowers who have accessed the forbearance, which means that that is being reported and it is disadvantaging the homeowner. What can you do to make sure that the forbearance that the CARES Act indicates should not be on the credit report, is not reported in a way that causes FHFA to raise the premiums? Ms. Kraninger. I can't speak to the premium aspect, Congressman, but I can in the overall context of this. We are working very closely with the NCRAs and with the furnishers to understand what else they are reporting-- Mr. Sherman. Can you call the folks over at the FHFA and say, ``Hey, it is my job to make sure that you don't get this information on the credit report, so where are you getting it?'' Ms. Kraninger. We will talk about this because you are the first person to mention the premium issue, so I will go back and look at that, and we will certainly get back to you on what the decision is there. Mr. Sherman. The next issue is Facebook. The entities you regulate are supposed to make sure they don't discriminate based on age, gender, race, et cetera. Facebook has this complicated algorithm, so that when you buy an ad on Facebook, you don't quite know whom you are reaching. Facebook probably isn't going to reveal its algorithms. But if one of the entities being regulated by your Agency gets a certification from Facebook saying, you have opted for an ad campaign that we are making sure does not discriminate against the people you are not supposed to discriminate against, would that be adequate, or do the entities that you regulate have to not be on Facebook unless Facebook reveals the algorithm? Ms. Kraninger. There are a lot of facts and circumstances behind, obviously, the premise to your question. And I wouldn't want to answer that in this unique case. I will tell you overall that we do engage in fair lending examinations of the institutions. That certainly includes looking at their advertising. And beyond that, I can't get into too much more depth here, that-- Mr. Sherman. I hope you will look at the specifics. Back in the old days, you would put an ad in the newspaper, and that would be the way--the town had one big newspaper. Now, you have so many different choices. When you advertise with Facebook, it is one big entity, but you have thousands of different advertising campaigns you can ask for. And I would assume that you would create a circumstance where if you specify nondiscrimination, that it is on Facebook if they violate that. One last thing is these Fintech companies that ask you to give them all of your information so they can access your bank account and your brokerage statement, and then, they can sell the information they know about you; they are providing this free service at the cost of your privacy. What is your perspective? What can we do to protect consumer privacy? Ms. Kraninger. Certainly, we have some limitations on our oversight of privacy. But I will say on this point, we do have Section 1033 to look at what the data aggregators are telling consumers in terms of the product what they are getting from it. And there are a number of things that we are doing on that front for the disclosure and access. Mr. Sherman. Thank you. Chairwoman Waters. The gentleman from Oklahoma, Mr. Lucas, is recognized for 5 minutes. Mr. Lucas. Thank you, Madam Chairwoman. Director, can you detail the resources that CFPB has provided to consumers experiencing financial hardship during the COVID-19 pandemic? Ms. Kraninger. Certainly. We have announced public enforcement--in terms of educational resources, I will admit, my mind went to money. But I will say, educational resources are extensive. We have issued over 70 blogs and videos in multiple languages, extensive information on how to manage your finances and think about them, and what questions to ask your servicers. As soon as the CARES Act was passed, we issued that video and that information within a week, which was a significant accomplishment in moving mountains here to make sure we clearly and concisely told consumers what they were entitled to. And we have had millions of people watch that video in English and in Spanish, and that is something that I think we are particularly proud of in terms of, again, making sure consumers understand their rights. And I commend the financial institutions and other consumer advocates, and Members of Congress, who are also sharing that very same information with their constituents or with their customers. Mr. Lucas. It is important, because many of our constituents have never faced the kind of challenges they are facing economically as a result of a pandemic, just as virtually no one alive has had to deal with this kind of a circumstance before. Continuing my line of questioning, you mentioned in your testimony that the Bureau will launch a website with HUD and FHFA for consumers to find accurate information about relief options. Do you outline what consumers should expect when seeking out a forbearance or mortgage relief as provided in the CARES Act? Ms. Kraninger. Yes, Congressman, that website is launched. It has a lot of the resources I just talked about on it. Consumers can expect that they can contact their servicer and say, I have experienced a hardship, and therefore they are entitled to forbearance if it is either a federally-backed loan or a GSE-backed loan. So, that is clear to them. In addition, even those that are privately-funded loans, certainly, they have direction from all of us as regulators to accommodate their customers, and many of them are also providing different kinds of forbearance, again, consistent with their contractual obligations and abilities. But a significant, overwhelming number of institutions are providing options to their customers, and the first step is having those customers contact them. The second is to come to us, the CFPB, if they have any issues or questions or complaints, and we are expeditiously addressing those. Mr. Lucas. I very much appreciate that, Director. As I mentioned earlier, there are many of my constituents, our constituents out there who are facing the kind of economic challenges we have never faced before, and this is a whole new terrifying experience to them. With that, Madam Chairwoman, I yield back the balance of my time. Chairwoman Waters. Thank you. The gentleman from Missouri, Mr. Clay, who is also the Chair of our Subcommittee on Housing, Community Development, and Insurance, is recognized for 5 minutes. We will move on. I think there is some technical difficulty with the gentleman from Missouri. The other gentleman from Missouri, Mr. Cleaver, who is also 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 appreciate very much this subject today with Director Kraninger, because I don't know if there are very many other issues that are in the same area of importance. I am wearing my protective gear because someone close to me has now contracted the virus, and so I am trying to be as protective of others as I can possibly be. Director Kraninger, I have a couple of questions, and I will try to make them as clear as I can. I think everybody has already been mentioning about how things are difficult economically. And so, I am concerned about minority consumers, who are frankly, hemorrhaging, right now and are at heightened risk of attack by financial predators. There is a saying that a sign of blood in the water is a sign that someone can be attacked, especially because they are already in a weakened state, and that is the case right now. Last Friday, July 24th, the CDC released a report, and the first sentence read, ``Longstanding systemic health and social inequities have put many people from racial and ethnic minority groups at increased risk of getting sick and dying from COVID- 19.'' The report goes on to highlight discrimination as a primary factor and the heightened rate of death of minorities, and especially noted housing and financial discrimination. We know that the access to emergency relief to help communities of color who are being disparately impacted is not being equitably distributed. A national online survey of 500 African Americans and Latinx who owned small businesses conducted by the Global Strategy Group released a report, and they said that after the second round of funding for the program was allocated, they found that just 12 percent received the full assistance they requested, and two-thirds reported that they had not received any. If you go to the Center for Responsible Lending, 100 percent of businesses owned by people of color were shut out of the Paycheck Protection Program, and of the pending evictions, that 40 million Americans may have been evicted. So, I think the first issue is, it would be helpful for me to find out your belief as it relates to systemic racial discrimination. Director, do you believe that it exists in this country? Ms. Kraninger. Yes, Congressman, I know that it exists in this country, but it is abhorrent, and it is certainly part of my duty to root that out in the financial system. Mr. Cleaver. Yes, I agree with you, and thank you. Do you think that consumers of color and women have been experiencing this disparate impact during the crisis, or do you think they have been harmed by discrimination? Ms. Kraninger. Certainly, the evidence that you stated does show that they are not starting in precisely the same place. And we have been doing everything we can to make sure that they do. And I will say that CFPB, specifically, is supporting our fellow agencies in trying to get the word out on economic impact payment entitlement, and on forbearance options, to limited English proficiency groups, and to African-American communities. And even on the Paycheck Protection Program, again, I have had significant outreach as well with communities of color to make sure that they have the information they need, and then we can increase access to these programs. Mr. Cleaver. I believe my time is running out. But maybe, you understood that the enforcement and supervisor authority of the Office of Fair Lending and Equal Opportunity, that that might be an adequate response to the problems we are having. What say you? Ms. Kraninger. I'm sorry, Congressman. I didn't quite catch the last question. Mr. Cleaver. Have you considered restoring the supervisory and enforcement authorities of the office? Ms. Kraninger. I'm sorry, you are asking about the supervisory enforcement activities we are doing in fair lending, is that-- Mr. Cleaver. Yes, of the Office of Fair Lending and Equal Opportunity. Ms. Kraninger. The Supervision, Enforcement, and Fair Lending Division still engages very deeply in supervisory enforcement matters across-the-board, including fair lending, and we can get you some more information on that. Mr. Cleaver. I think my time is up. Thank you. Chairwoman Waters. Thank you. The gentleman from Florida, Mr. Posey, is recognized for 5 minutes. Mr. Posey. Thank you very much, Madam Chairwoman, for calling this hearing, and I thank the ranking member as well. For a number of years now, I have tried to get the CFPB to issue advisory opinions. [inaudible] Pretty much [inaudible] Filing that [inaudible] I am afraid to ask that [inaudible] Comply [inaudible] Rules and regulations of the agency. [inaudible] What they are asked to deal with [inaudible] Eliminate so many problems of the plans with them. As we [inaudible] Emphasis should be on the recovery, the economic woes [inaudible] And our hard-working Americans [inaudible]. Regulation should not be a burden to society, [inaudible] Recovery before this vicious virus brought so much [inaudible] Imposed for the nation's economy [inaudible] Across this nation. President Trump's policies to reduce taxes and regulations, we are finally bringing, coming back from the long stop national luggishness that we suffered. Getting government off the backs of our hard-working people gave us the strongest economy in our history. There are important lessons to learn, moving forward. My first question for you, Ms. Kraninger, is, what your early experience [inaudible] advisory [inaudible]. Ms. Kraninger. I'm sorry, Congressman, you broke up a little on the question. The experience with, what, specifically? Mr. Posey. The advisory opinion [inaudible]. Ms. Kraninger. With the advisory opinion program we have launched, what has come in, I am guessing, you would like to know? Mr. Posey. Yes, ma'am. Ms. Kraninger. Okay. Thank you, sir. As you know, we are engaged right now in the pilot, and we are in a Paperwork Reduction Act process to get comments on the full program. We have not gotten anything in yet, specifically, but it has only been a few weeks since we launched that. And we do anticipate it. And as I told you, the biggest part about this is, it is making formal and transparent interpretive rules that we have essentially been giving to individuals as they have asked along the way. So, it's incredibly useful. Mr. Posey. Thank you. Many of us believe that the rules and regulations must be applied with [inaudible] Overregulate credit in such a way that [inaudible] Approach [inaudible] And puts a burden on families [inaudible]. Please tell us about your strategy to carry out the standard [inaudible] Without unduly constraining our economic recovery from this pandemic as we go forward. Ms. Kraninger. I'm sorry, Congressman, your sound is cutting in and out, so it is hard to actually gather the question. Mr. Posey. I don't know why. Maybe the lowest bid here is not the best bid for communications. [inaudible] Ms. Kraninger. That I heard, of course. Mr. Posey. What metrics and policies would give you [inaudible] To ensure that we protect consumers but [inaudible]. Ms. Kraninger. I have no idea. I'm sorry, sir. Chairwoman Waters. We are having technical difficulties, and I can't hear Mr. Posey either. So, we are going to come back to him. And we are going to move on, so that he can finish the remainder of his time. With that, we will start the clock over. The gentleman from Missouri, Mr. Clay, who is also the Chair of our Subcommittee on Housing, Community Development, and Insurance, is recognized for 5 minutes. Mr. Clay. Thank you, Madam Chairwoman, and let me thank Director Kraninger for her testimony today. Director Kraninger, the CARES Act includes important foreclosure forbearance protections for homeowners struggling to pay their mortgages. Given these protections, it is very concerning that 55 percent of COVID-19-related mortgage complaints identified struggling to pay the mortgage as a primary issue, according to the most recent Bureau report. Consumers reported that some mortgage servicers are providing information that conflicts with guidance regarding lump sum payments. What are you doing to ensure that mortgage servicers are complying with the CARES Act? Ms. Kraninger. Thank you, Congressman. That is obviously a significant issue right now. The complaint that you are referencing came in very significantly, particularly, in March and early April. We actually looked carefully at those. And we took a bunch of actions with FHFA and with HUD, including producing scripts for servicers to make sure they are clearly conveying their CARES Act rights to consumers who contact them. In addition, with respect to the complaints, we noted that a lot of them came around what happened after the forbearance period. So we worked together, and actually the CFPB issued an interim final rule enabling servicers who offer consumers a beneficial outcome, which is a lump sum payment at the end of the mortgage term, rather than having a question over what loss mitigation options would be there. And under the mortgage servicing rules, the fact of the matter is that servicers would have to literally start a full application process that was probably going to confuse consumers. So we gave them this option, and acted very quickly with that, in partnership with the other Federal regulators. I can say we are working very closely on an ongoing basis to monitor those complaints, to monitor what the servicers are concerned about or hearing, and what consumer advocates are saying in terms of concerns they are hearing, as well as housing counselors. And I will say, it seems as though those primary early issues have been addressed, and we will keep monitoring as things dynamically change. Mr. Clay. Last month, the Bureau released a proposed rule that would dramatically change the definition of ``qualified mortgage'' (QM) and weaken consumer protection by replacing the debt-to-income (DTI) threshold with a standard based on a loan's pricing. Many consumer and industry groups have expressed concerns with such a QM definition that only relies on the price of the loan and the broad, Dodd-Frank statutory product restriction, a definition that relies on pricing reflects investors' assessment of risk, but does not assess an individual borrower's ability to repay. Can you address that? Ms. Kraninger. Gladly, Congressman. I think that is a critically important misunderstanding. The Dodd-Frank statutory requirements remain in effect. That includes consideration and verification of debt and income and the ability to repay. That is still very much a critical part of the process. The question is, in addition to that, how would you determine what is a qualified mortgage? As we looked at the hard, 43 percent debt-to-income ratio requirement out there, many consumer organizations and financial institutions have supported our approach, as a pricing approach. It takes into account wider aspects about the applicant and their creditworthiness, but it is not a replacement of consideration and verification of debt and income. That is in the statute, and that continues. Mr. Clay. I guess, as a final question, have you been able to prevent foreclosures of any great number, or have you been able to err on the side of the homeowner to keep people in their homes? Is there any anecdotal or documentary evidence of that? Ms. Kraninger. Congressman, I certainly believe that Congress took the right action, and I supported HUD and FHFA actually prior to the CARES Act when they put in place a foreclosure and eviction moratorium on the properties that they back. It is critically important during this uncertain time, and I know it is something that you are all looking at again now. Mr. Clay. Thank you so much. And Madam Chairwoman, I yield back. Chairwoman Waters. Thank you. The gentleman from Missouri, Mr. Luetkemeyer, is recognized for 5 minutes. Mr. Luetkemeyer. Thank you, Madam Chairwoman. Thank you for being here today, Ms. Kraninger. I appreciate your testimony. As you heard in my opening statement, I am supportive of changing the CFPB structure and putting a commission in charge of the CFPB. I was just curious as to your thoughts on whether the commission, if structured correctly, would be able to complete the mission of the CFPB, and whether you thought it would stop it from being a political football, which we had another example of yet today in our opening statement? Ms. Kraninger. Congressman, I certainly would support things that would take down the political temperature. I think you will recall that that is something I have talked about since my nomination, and that has certainly been my intent with the actions I have taken. But I do think there are some inherent issues that are stacked against a single director in this dynamic. In terms of the solutions to put into place, I respectfully defer to Congress and what actions you all decide to take there, and I would look forward to helping the Agency transition to the extent that such changes are enacted. Mr. Luetkemeyer. I think in response to Mrs. Wagner's concerns with regards to data and screen scraping and things like that, you articulated some concerns and indicated you are watching and looking at it and looking to try and do some things. Could you articulate a few ideas that you have with regards to how we can do certain things? I was a part of a group today that discussed this very issue of privacy, how do you protect, where do you draw the line, who owns the data, and how much access should you allow? Can you give us just some of your thoughts of directions you might be going on some of this stuff? Ms. Kraninger. Yes. Certainly, we have been talking extensively to all of the stakeholders who care about this, including the industries that are running the technical back- and-forth of the data. Progress has been made at least to reduce screen scraping as the primary method. There are now APIs that are agreed-upon between entities that allow you to actually have a transmission of that data in a more secure way. That doesn't mean the consumer needs to hand over their banking credentials to accomplish that data-sharing, but I think in our symposium discussion, we found a lot of questions around, what truly is the consumer's financial data? There are concerns by institutions, likely for competitive reasons, over what data might be proprietary around pricing and otherwise. At the same time, the consumer may very well think that data is their own, because it is what they are paying, it is what they are getting, it is the servicers that they have. So, I think there are some legitimate questions around that, that really do get to why we decided to do the advance notice of proposed rulemaking step as our next step on this topic. As I noted to the Congresswoman, this is going to be a complicated area for rulemaking, and to the ranking member as well, there is a broader conversation happening around data privacy and data security that also complicates it. But we will endeavor to again get feedback and think about the smartest way to proceed in this issue. Mr. Luetkemeyer. Okay, very good. I want to talk a little bit about the breadth of the ideas today about some of the pandemic problems that we are having with regards to consumers being able to pay back their debts and the concern with regards to reporting on it. One of the concerns I have is with regards to forbearance. To me, I am concerned that if the regulators don't give the banks and credit unions and those lenders the ability to give forbearances, I am concerned that we are going to wind up with an elongated recovery here that is going to be very difficult to get out of. And it will destroy local economies, destroy businesses, and take away jobs, much as it did in 2008 and 2009, whenever the regulators came in and basically got rid of lots and lots of the lines of business. Although your area of oversight is a little bit more narrow, it still is in the area where forbearance would be a big help to some of the consumers. Would you like to comment on that just a little bit? Ms. Kraninger. Congressman, you are very correct, and that is certainly something that many consumers would benefit from, and have frankly benefitted from. The first action that we took with prudential regulators was an FFIEC-issued statement about accommodating consumers. I do think that my fellow regulators have sent that clear message. So if you are hearing otherwise, we would love to get some specifics on that, so that we can make sure that is done. I recognize it gets to safety and soundness issues potentially that are outside of my-- Mr. Luetkemeyer. I appreciate your comments, but my concern is, I have been a former regulator, and I know that the regulators themselves are hamstrung by the rules and regulations that they have to operate under. So when you go in, much as they did in 2008 and 2009, they said, okay, well, my rules say I have to do this, so therefore, I have to classify this loan, which means I classify the loan. Then, you have to reserve more against it, you have to have more capital, whatever the case my be. And at some point, you turn around and force the banks to liquidate those loans. We are in a position where if we allow the time that it takes to get these loans back up, because of the uniqueness of the recession that we are in, I think we can get back out of this with minimal damage to a lot of our businesses and, therefore, our jobs and our local economies. So, to me, I have a bill to fix this problem, and I appreciate your comments. Thank you very much. With that, I yield back, Madam Chairwoman. Chairwoman Waters. The gentleman from Illinois, Mr. Foster, is recognized for 5 minutes. Mr. Foster. Thank you, Madam Chairwoman, and Director Kraninger. The Bureau's proposed definition of a qualified mortgage would remove the 43 percent debt-to-income limit from the QM loan definition and instead use a price-based approach that creates a new limit on the spread between a loan's annual percentage rate (APR) and the average prime offer rate (APOR). Now, as someone who has lived through the financial crisis and saw firsthand how much havoc was wreaked on the economy from shoddy underwriting practices, this, to me, shows an amazing confidence in the ability of a mortgage crisis to appropriately price risk. The proposed rule itself identifies several shortcomings with relying on pricing. It says, ``The Bureau anticipates that a price-based approach would incentivize some creditors to price some loans just below the threshold in order to receive QM status. More broadly, a lender's pricing of a mortgage reflects many factors outside of a borrower's individual risk profile, including prepayment speeds, balance sheet capacity, business goals, as well as broader economic conditions.'' I am very concerned with having a definition that could be so easily manipulated. So, Director Kraninger, how will you ensure that this rule does not just incentivize an irresponsible race to the bottom, reminiscent of what we saw in the lead-up to the 2008 financial crisis? And if the CFPB acknowledges that the APR can be manipulated by lenders, ``to meet the mark,'' then how can this serve as an effective measure of a borrower's ability to repay? Ms. Kraninger. Congressman, the nature of a rulemaking process, of course, is that you put a proposal forward, and you acknowledge all sides of the argument, so you are definitely doing that with the quote in there. But I will say, just taking one step back, that the requirements of the Dodd-Frank Act remain in effect. So, the features that were so concerning during the financial crisis that are precluded from being qualified mortgage and precluded from being offered this way, are still statutorily-prohibited features. In addition, the statute still requires debt and income to be considered and verified. So, that is part of the proposal as well as a premise of the pricing approach. The pricing approach is then what we get to. The 43 percent DTI cap, well, we frankly found in 2018, a third of the loans that the GSEs backed had DTIs that were higher than 43 percent, and many of these loans are performing, and many of these loans are also to those in minority communities. And so, again, thinking holistically about what a pricing approach benefit has, and that is that it really does take away--it provides that opportunity above that DTI threshold that is so hard and it will go into effect in January without additional action by me, which is why we put the rule out, but we are trying to alter that effect. Mr. Foster. I am very worried about the word, ``consider.'' While the CFPB's proposal does eliminate the 43 percent DTI, it does, as you say, require lenders to consider a borrower's DTI as part of the underwriting process. But it also emphasizes that lenders would be given great latitude in how they considered a borrower's DTI. And I am concerned that, ``consider,'' is just so loose that people are going to drive a truck through it, and we are going to see this all over again. Do you have any-- Ms. Kraninger. Congressman, if I could, there are standards--I know you probably have other questions, but there are standards proposed in the rule for the debt and income consideration, and we are open to industry and consumer groups coming together and coming up with other standards. So, there does have to be a standard, to be clear. Mr. Foster. I think that having some clarity on exactly what, ``consider,'' means, would help a lot in this, and so that is--I am close enough to being out of time, that I think I am just going to yield back the balance of my time. I don't really have time to get the next question out. Thank you, and I yield back. Chairwoman Waters. The gentleman from Michigan, Mr. Huizenga, is recognized for 5 minutes. Mr. Huizenga. Madam Chairwoman, at this point, I would prefer if you could go to the next person and then come back to me, if that is okay? Chairwoman Waters. The gentleman from Ohio, Mr. Stivers, is recognized for 5 minutes. Mr. Stivers. Thank you, Madam Chairwoman. And thank you, Director, for being here today. I want to thank you for everything you do on behalf of consumers. I am really sorry to see that the nature of your agency has gotten so partisan. I am convinced that is driven by the structure of your agency. Recently, the Supreme Court, in a Supreme Court opinion, said that your structure violates the constitutional separation of powers. I am curious what action the agency is either taking or planning to take, to ensure some certainty and stability, given the recent Supreme Court decision, certainty and stability in your actions, decisions, and the things you do? Ms. Kraninger. Congressman, as I said, I welcomed the decision and the action in this because bringing that stability and certainty is certainly what I was hoping to do. And we have looked at prior actions, litigation that is ongoing, and prior rulemaking actions, and I did ratify those prior actions again, just in an abundance of caution, to make sure that those can continue to be relied on, because they have been relied on appropriately, and certainly going forward, I don't know that it changes a lot, but we are certainly looking at the opinions still and talking to the Justice Department about anything else that that may impact. Mr. Stivers. Thank you, Director. Second, there has been a lot of talk today about your QM rule, and you also temporarily extended the sunset on the GSE Patch that is out there. The Bureau is proposing to extend that patch for 6 months after the publication in the Federal Register of the final rule. Do you believe 6 months is an adequate time for the mortgage market participants to develop, test, and implement new standards, models, and business operations? Is it possible that maybe 12 to 18 months might be a better transition, especially given everything that is going on with COVID-19 and the pandemic? Ms. Kraninger. It is a proposal in terms of the time length, and we asked for comments on it. I think, again, based on experience, the 6 months seems appropriate. I will say the pricing threshold is not new. It is actually part of the current safe harbor and rebuttable presumption of the qualified mortgage. So it is not a new concept, and institutions are already doing those calculations. DTI--they are still considering debt and income as required under statute, so it is not precisely a DTI ratio necessarily-- Mr. Stivers. It is because of the change. It is a change. Ms. Kraninger. It is a change. Mr. Stivers. You take the DTI, safe harbor, add a percentage, take it away. It is still considered. You look at costs more than you are in today's--and it is a little more--it is a change. I want to ask you to think about how long that transition will take for folks, that's all. Ms. Kraninger. Absolutely. Mr. Stivers. The next issue I wanted to bring up is online security. With the pandemic, more people are doing everything online. And according to the FBI, in 2019, victims lost over $221 million to real estate scams and fraud, and that is based only on crimes that were reported. I have had individual constituents who had mortgage closings where the entire proceeds of the closing have been wired to different accounts through fake emails and scams. And I am curious what the agency is doing to build awareness on this massive consumer problem, and what you are doing to help potentially address real estate fraud and scams, and prevent them in the future? Ms. Kraninger. The particular scheme that you mentioned is one that we were aware of. I don't recall precisely when. It has been at least a year-and-a-half, I feel like, so that is something that we, right away, worked with industry on. We actually, I believe, produced a video on that frankly, that REALTORS were sending out to their customers close to closing to make sure they are aware of that, make sure they know precisely how they should be contacted and where they should be sending closing money. So, that is a significant issue. It highlights the need in general to make folks aware of the frauds that are out there and certainly to use our enforcement actions to go after fraudsters. I will say a lot of those things, like those online frauds, are particularly hard because they are-- Mr. Stivers. They use offshore accounts, they do lots of other things. This happened to my constituent about 18 months ago, and it is something I have become aware of, and I am trying to build an awareness of, and I would ask you to continue to build awareness. We are talking about a quarter billion dollars of reported real estate scams and fraud in 2019, and probably it is higher today, and given that more things are moving online, I hope you will continue to look after those consumers because they need protection, and we are talking about in many cases, somebody's biggest asset and the entire proceeds scammed from them. Ms. Kraninger. You are absolutely right. I will say, the Department of Justice, the Federal Trade Commission, all of us are pretty engaged in this. Mr. Stivers. Thank you, I yield back. Chairwoman Waters. Thank you. The gentleman from Connecticut, Mr. Himes, is now recognized for 5 minutes. Mr. Himes. Thank you, Madam Chairwoman, And Director Kraninger, thanks very much for being with us today. I would like to follow up on the question that Ms. Velazquez was talking to you about, which is the revised payday lending rule. You commented to her that it was your opinion that the rule promulgated under Director Cordray resulted in a lower availability of credit, and I think you implied that the new rule would, therefore, make credit more available. I understand that, and if I can just frame my question--and I think you agree with this framing--financial regulation is hard because it is always a balance. And always, availability of credit is on one side of the balance, and the safety of consumers, somehow defined, is on the other side of that balance. So, I want you just to elaborate, please, for us-- presumably you did a lot of quantitative work, and we don't have the time to get into all of the quantitative work, but I am really interested, if you could give us a minute or two on how the revision to the rule will provide how much more credit out there at the cost of how many more people who may find themselves in difficult financial straights? Whether that is defined as personal bankruptcy or finding themselves in a situation where debts spiral. I am interested in what the quantification was of finding that revised balance point. Ms. Kraninger. And I appreciate you framing it as a balance point, because I have often found in my public policy life that that seems to be the spectrum we talk on. I certainly believe it is my job to protect consumers while increasing availability of credit. And I don't think it is an either/or. I think with respect to this, I would offer a few other things. The rulemaking itself did have a substantial and dramatic impact on small-dollar credit availability, as its own terms said. So, roughly 70 percent of branches would be closed or those locations would be closed by the rules assessments. But there were other factors to the effect of credit-- Mr. Himes. I'm sorry, 70 percent of locations of what? Ms. Kraninger. Of the payday and title loan outlets, and so the distance that people had in terms of availability. But what I want to get to is also banks and credit unions and others who were also due to other actions, but also influenced by the rule, other guidance issued by regulators that reduced their interest in engagement in this area. And so I think it is not an either/or. There are a couple of things that we are trying to do, and one is, disclosure testing, to look at--for those individuals who may be more vulnerable, is that something that will help? There are clearly consumers who understand the product well. There are consumers who pay within the term. The data that we produced in the rule demonstrated that. There is a substantial portion. And there is a substantial portion who also defaulted on the loan very early in the term, very early in the process. That also demonstrates understanding of the product. So, how do we support and help that last group? Mr. Himes. Director, I'm sorry, I do want to get an answer to my question. You partly answered it. You said that your work indicated that 70 percent of payday loan locations would be closed under the old rule. Thank you. That is a very specific, checkable fact. But before you go on to the other stuff you are doing, tell me what the CFPB's analysis showed in terms of the increase associated with bad outcomes, however defined, under the new rule? Or is it your belief that there actually won't be an increase in irresponsible borrowing or negative effects as a result of the newly promulgated rule? Ms. Kraninger. I would say the way that was--it was the total lending under payday loans that was in that original rulemaking, and I think that is where you start to get to a challenge, because parsing out what was lost, you don't understand what choice that individual consumer was making-- what outcome did they get that might have made it worse to them, in terms of that loan, and what was the alternative they had at the time? And so that is something that, again, additional research could probably bear out, but there is data in the rule that gets to the point that you are making. I just don't have it at my finger tips here. Mr. Himes. I have one last question--I really would like to understand. I really do believe there is a balance here, and I really would like to hear from you as to kind of what the implications are if this form of credit is more available, how many more people get themselves in trouble with it? But in my very short remaining time, I am having a hard time--this gets pretty technical, but basically, the revised rule eliminates the necessity for a payday lender or other lender to come to a conclusion that there is a reasonable ability to pay on the part of the borrower. And just for the people watching at home, why does that make any sense at all? Why shouldn't a lender undertake a very basic process to determine that there is a reasonable ability to repay? Ms. Kraninger. Madam Chairwoman, I know time is out, so I can-- Chairwoman Waters. The gentleman's time has expired. Could you please respond to the gentleman in writing? Ms. Kraninger. Yes, certainly. Chairwoman Waters. Thank you, Mr. Himes. She will respond to you in writing. The gentleman from Kentucky, Mr. Barr, is recognized for 5 minutes. Mr. Barr. Thank you, Madam Chairwoman, and welcome back to the committee, Director Kraninger. Thanks also for your work to give consumers access to fair, transparent, and competitive markets by focusing your work on clarifying the rules of the road. I do think giving consumers access to competitive markets and clear rules of the road is, by definition, consumer protection, and because of that good work, I certainly hope this is not your last time in front of this committee. Last July, in my capacity as the ranking member of the Oversight and Investigations Subcommittee, I wrote to the Inspector General of the Federal Reserve asking for details about how the Fed reviews the Bureau's budget request prior to approval. This week the Fed IG published its report. This is it. This is the report--I think you have probably seen it--in response to my letter. The report and the ensuing briefing with my staff confirmed what I initially suspected, which is that it is more or less a rubber stamp. The Fed only reviews whether the request is within the statutorily-mandated cap. If the request is under the cap, the Fed approves the request. There is no back-and- forth between the Bureau and the Fed. There is no discussion of any line item. It is just a version of a blank check. And given the fact that Dodd-Frank gave the Bureau extraordinary powers--rulemaking, enforcement, adjudicatory powers, including the authority to conduct investigations, issue subpoenas, civil investigative demands, initiate administrative adjudications, prosecute civil actions in Federal court, and issue binding decisions in administrative proceedings-- And given the fact that the Bureau can seek restitution, disgorgement, injunctive relief, and significant civil penalties for violations of 19 Federal statutes under its purview, it is troubling that the Bureau's budget and funding process lacks any meaningful external oversight. Of course, the Supreme Court, as many of my colleagues have noted here today, recently held that the Dodd-Frank law violated the separation of powers, concluding that the Bureau's structure, limiting the President's power to remove the Bureau's single Director, is unconstitutional. In my view, this decision properly vindicates the President's power under Article II to supervise and, if necessary, remove those who exercise the President's authority on his behalf. The Court's decision holds that the Bureau must be accountable to the President, but I would argue that the Bureau should also be accountable to Congress. And the Supreme Court recognized this in its opinion, noting that the lack of accountability is alarming. And the majority opinion said this, ``The CFPB's receipt of funds outside the appropriations process further aggravates the agency's threat to Presidential control.'' So, there is clearly a lack of accountability at the Fed, and as you know, I have been a frequent and vocal critic of this lack of transparency and accountability in the Bureau's spending. I have a bill, the Taking Account of Bureaucrats' Spending Act (TABS Act), which would place the Bureau under the congressional appropriations process. Unfortunately, my colleagues in the Majority refuse to consider this common-sense measure. But I want to ask you, Director Kraninger, do you believe that subjecting the Bureau to the congressional appropriations process would enhance accountability and fix this lack of external check, and would it in any way diminish your ability, or the Bureau's ability, to protect consumers? Ms. Kraninger. Congressman, I certainly appreciate where you are coming from in asking this. I respectfully defer to Congress on determining how best to operate this. I do take seriously, of course, the internal controls that I put in place in our budget process and I believe I am accountable for the fund, but-- Mr. Barr. And the IG recognized that good work, by the way. The IG recognizes that good work, and that is encouraging. I just think that we shouldn't leave it just to the agency and your leadership. We, as representatives of the American people, owe it to the taxpayers, I think, to also hold the Bureau accountable as well. Let me ask one final question also about the QM rule and the change to the loan definition, the QM loan definition. Can you detail what impacts the rule might have on the portfolio lending market and how might the changes proposed help struggling borrowers especially during this time? Ms. Kraninger. Certainly, providing that certainty with respect to the Patch replacement is part of what we think will be helpful coming out of--hopefully, coming out of the pandemic. In addition, in terms of helping struggling borrowers, we did take into account and ask about how this time period should be treated in terms of that consideration and verification of debt and income for borrowers who may have experienced a hardship. So, that is also something that will be part of the ultimate rule, to address that issue that you raised. Mr. Barr. Thanks for your testimony and your work, and I yield back. Chairwoman Waters. Thank you. The gentleman from California, Mr. Vargas, is recognized for 5 minutes. Mr. Vargas. Thank you very much, Madam Chairwoman, and thank you for holding this hearing. I appreciate it very much. I also want to thank the Director for being here. Thank you very much, Director. You did say earlier that it would be nice to take the political temperature down a bit. I don't know if you witnessed when Director Cordray was here, the yelling and screaming that would normally come from this side, including some of my good friends, who now find it to be political. It sounds like the old Captain Renault in, Casablanca, ``Gambling, I am shocked.'' The truth of the matter is that in cases like this, we do have different views, and I think that plays out. I thank God that we have some people who have real tenacity, like our Chair, who made sure that Dodd-Frank was in place. One of the things that would be disastrous right now is if the banks were failing. If we had all of what we have right now because of the pandemic, and if our banks were crumbling and failing at the same time, we would be falling into a deep depression. So, I thank God that we put these regulations in. I wasn't here at the time, but I am very thankful, and, of course, oftentimes that comes because of the rub of politics. I wasn't going to state that, but I think I had to because of some of the comments that were made earlier about politics. But I did foreshadow what I was going to ask you about, and that is the issue of these networks and how to prevent fraud and capture fraud. As you know, the agencies have shown an alarming increase in financial crime and exploitation during this pandemic. The Financial Crimes Enforcement Network (FinCEN) has issued two advisories since late May on the medical scams, imposter scams, and money-mule schemes targeted at consumers. The FBI has also recently stated in a hearing before the Senate Judiciary Committee that the pandemic has also only served to increase the number of stimulus, healthcare, bank, elder and government fraud schemes. The CFPB has ordered a solution to reduce the victimization of elderly individuals. I am sure you would agree this solution could also be used to prevent victimization of low-income minority groups that tend to be vulnerable to these schemes as well. Could you comment on that? Because I do think that these networks could be something that could become very helpful. Ms. Kraninger. With respect to the elder fraud prevention and response networks, a really fantastic groundswell at the ground level between financial institutions, social service providers, and law enforcement, sharing information about what they are seeing, and absolutely I take your point. I would say one of the things that we find, though, with respect to older Americans, is the isolation that is further compounded by the pandemic, which is why putting out additional resources at this time on how to build and sustain those networks has been a particularly valuable undertaking. There are a lot of different fraud schemes, certainly, that we are keeping an eye on, but that is one population in particular that is further isolated by the pandemic. Mr. Vargas. I agree, it is a very vulnerable population. You also spoke, though, earlier, about having information in Spanish, too. Obviously, language can be a real issue as well in these fraud schemes. In your opinion, have these networks been worthwhile? I know the coordination and everything costs money to do, but have they been effective? Ms. Kraninger. Yes. We actually have done a couple of reports around that, and we are certainly encouraging financial institutions to continue to do the Suspicious Activity Reports (SARs) to FinCEN, and to their partners, making sure partners have access to that information that is happening too, and so we are really rapidly increasing the--or I guess shortening the time, I should say, for people to be made aware of the different schemes and then be able to intervene. Mr. Vargas. And lastly, I guess I would ask about forbearance. I know a couple of my colleagues and friends have asked about this already. Under the CARES Act, forbearance is not supposed to be held against you. In fact, I know that now over at the FHFA, the Director there has stated--and I have language here from his note of 5/19/20--that they are going to attempt to not have this be a negative if you are going to refinance or buy another house, if you are in forbearance because of the great interest rates at the moment. But again, I would ask you to take a look at this, because this is an extraordinary moment in our history, and a lot of people who could normally pay their mortgage are in trouble because of the pandemic, and hopefully we can get over this, and get back to normal. But anyway, I would ask you, as my colleagues did, to follow up on that. And again, I thank you for being here. Thank you, Madam Chairwoman. I yield back. Chairwoman Waters. The gentleman from Michigan, Mr. Huizenga is recognized for 5 minutes. Mr. Huizenga. Thank you, Madam Chairwoman. I appreciate that. And it is good to have you here today, Director, and I appreciate your time. I would remind my colleague and friend--and he is a friend--from California, that there are a number of us who have been amazingly consistent in our belief that the structure of the CFPB needs to be a commission. And whether it was the Duffy legislation in previous Congresses or the TABS Act, as my colleague, Mr. Barr, was talking about, I do believe that this is the right way to organize the CFPB. And Director, I guess I will ask a question along the lines of what my colleague, Mr. Barr, was asking about--refinement. I understand you don't want to get into the, ``what should Congress do'' question, but let me ask this: Do you believe that somehow the ability to protect consumers would be diminished under a commission structure, and would consumer protections be lessened under such a commission approach? Ms. Kraninger. Congressman, I will certainly say there are other organizations that have commissions, and that is something that I am sure could be looked at or compared. I will say at this point, it is a similar answer to you--I know it's not fully satisfying--that I will allow you all to make that call yourselves, and I will certainly take any action that Congress directs us to take by law. Mr. Huizenga. I fully understand that. I guess that is one of our jobs, is to ask those types of questions, to find out whether those involved and engaged believe that there would be a diminished ability for them to do their jobs. And the nature of my question is really more along those lines, trying to make sure that based on your professional experience and your opinion, whether you could effectively do your job with a different structure. Let's say Congress decided to move away from the dictatorial structure that they currently have and decided to make it that every single decision you made would be subject to a vote of Congress. I don't think that would be a wise move. I would assume professionally, you would maybe discourage that. I am reminded that, in the previous Administration, Director Cordray had no problem sharing his opinion on the idea of whether or not there should be a commission structure. So, I will give you one last shot at that, if you care to expand. Do you think that you could make that type of structure work or-- Ms. Kraninger. Congressman, how about I tackle it this way? Certainly, if I see legislation that I think would be detrimental to the agency in terms of a miss, and it is progressing, I will certainly let you know my views. And I welcome the action on structure by Congress, generally speaking, and I do believe that Congress would come to a good conclusion on that. Mr. Huizenga. Great, okay. That is helpful. And unlike the Chair, I guess, I hope this isn't your last appearance before this committee. Let's move on to credit reporting and debt collection here--and sorry, I don't see the clock right in front of me, so I will try to move quickly. We know, and I think there was [inaudible] In the CARES Act about [inaudible]. But we know that that may be a temporary fix, but what might [inaudible] Long-term [inaudible]. Could that adversely affect consumers? Ms. Kraninger. Congressman, I think you were asking about credit reporting, but you did cut in and out. So if there is a specific question, I know we don't have a lot of time left. Mr. Huizenga. Okay. So, what type of negative effect might there be on credit for consumers if there is not accurate credit reporting that is allowed at all? I believe that there is a proper time and is a proper time under the CARES Act to suspend that, but if this becomes a long-term solution, which I know some of my friends on the other side believe ought to happen, that there should never be any sort of actual, accurate credit report, and I am curious about the negative effects? Ms. Kraninger. Yes. Accuracy in the system is hugely important. I would at least agree with that, and I know-- Chairwoman Waters. The gentleman's time has expired. The gentleman from Florida, Mr. Lawson, is recognized for 5 minutes. Mr. Lawson. Thank you very much, Madam Chairwoman, and to you, Madam Chairwoman and Ranking Member McHenry, I appreciate you having this hearing. My question centers around student lons, because I have so many students in my area. As you know, the CARES Act provides student loan relief that includes suspending payments, interest, and collection of the government-held, Federal student loans from, I think March of 2019, through September 3, 2020. I am especially concerned about how credit reporting bureaus are not complying with the Federal coronavirus relief requirements under the CARES Act. Some student loans servicers appear to be reporting the student loans and the language in nonpayment status to national credit bureaus. On May 20th, students loan borrowers filed a class action lawsuit against Great Lakes and the major credit bureaus for their erroneous credit reporting. Director, what are you doing to ensure that credit reporting bureaus and the lenders that furnish data are complying with the CARES Act, and holding accountable the companies that do not? Ms. Kraninger. Congressman, thank you. It is an important issue with respect to credit reporting agencies and the furnishers that, of course, provide the data to the credit reporting agencies. And so, we are actively engaged in ongoing oversight over FCRA compliance, with respect to accuracy and dispute resolution, and the CARES Act requirement is certainly an overlay of that. One thing we are doing under the pandemic is a prioritized assessment, which is a kind of special exam, going in and looking at what is happening right now. So, we are going into furnishers, and looking at their compliance overall, in all product areas. We did an assessment of risk. We recognized that the student lending space, given CARES Act requirements, was an area that should be looked at, and so we are going in and looking at the furnishing side. We are also talking to the credit reporting agencies about how they are engaging on their side as well to make sure that there is compliance happening. With respect to, I think, Great Lakes, there were some mistakes made that were caught very quickly, both through complaints to the Bureau and things that consumer advocates and financial institutions noticed. And there was a very quick resolution, both in how scoring happened and the data that was provided by the furnishers. So, that was something that was addressed very quickly. And I think it is a good example of how quickly we can act when we see mistakes are made. Mr. Lawson. That is great. What is the status of that lawsuit at this point? Or is it too early to make any comments on it? Ms. Kraninger. I'm sorry, Congressman. Was there a question there? Mr. Lawson. Yes. I was trying to see if you could elaborate on the status of the lawsuit at this time, or is it too early to comment on it? Ms. Kraninger. Oh, understood. The Bureau is not a party to that lawsuit, so I am aware of it, but I do not know the status of it. Mr. Lawson. Okay. With that, Madam Chairwoman, I yield back. Chairwoman Waters. Thank you very much. The gentleman from Colorado, Mr. Tipton, is recognized for 5 minutes. Mr. Tipton. Thank you, Madam Chairwoman. And Director Kraninger, thanks for being here, and I hope you have an opportunity to do it 8 more times, if you so choose. We recently had--and this is a little follow-up to Mr. Huizenga's questions--Secretary Mnuchin was here before the committee a few weeks ago, and he had noted that the credit reporting agencies, in order to be able to function properly, need to be able to maintain a complete profile of the consumers' credit history, especially during this pandemic. Some proposed legislation that we have would suspend negative consumer credit reports during the COVID-19 pandemic and any other future disaster for a period of 120 days, or until the emergency ends. My view is, this would weaken, not increase, access to credit, as lenders would lose confidence in the accuracy of the information before them. And I guess my question is, do you agree with Secretary Mnuchin, that it is important to be able to maintain complete credit profiles and not alter credit-related data during this pandemic? Ms. Kraninger. Let me answer it this way, Congressman, the Fair Credit Reporting Act actually holds accuracy in the system as a high priority, and the Bureau is tasked with compliance with those FCRA requirements around accuracy in the system. It is hugely important. I appreciate why you are raising the question, because there is a concern with respect to the system itself. If those lenders who are seeking to do a creditworthiness assessment, can't actually access information, or trust the system to give them good information, then there is a problem. But we also have a situation where we are looking for alternate data and other sources of information that is going to give a more robust credit picture of a creditworthy borrower. And so, there are a lot of discussions around what happens in the credit reporting system. I clearly recognize that as well. And certainly with respect to making sure that those minority communities as well, that individuals actually have information in the credit reporting system that will enable them to get credit if they are creditworthy. Mr. Tipton. Great. Thank you. As we previously discussed, responsible debt collection is an important part of maintaining access to credit for consumers, and ensuring good access to credit is more important now than ever, especially in rural places like the ones I represent. But the technology has changed dramatically since the last time the debt collection rules were updated, and the CFPB has proposed common-sense reforms, allowing mandatory disclosures in the body of an email, to ensure that consumers have access to important information in a timely manner. But communication is a two-way street, and both collectors and consumers should be able to communicate with one another electronically, especially during this pandemic. My question is, would the Bureau consider allowing an exemption from the Electronic Signatures in Global and National Commerce Act (E-Sign Act) requirements for validation notices for companies who are otherwise complying with the Fair Debt Collection Practices Act (FDCPA) requirements and rules? Ms. Kraninger. Congressman, we have recognized some of the challenges with the E-Sign Act requirements, pursuant to the pandemic and did provide some flexibility. I am not aware of a concern or a conflict with FDCPA or other challenges with respect to that. But I can tell you that our debt collection Notice of Proposed Rulemaking does address electronic communications, in addition to, obviously, continuing to preclude harassing communication, trying to facilitate that two-way communication that you talked about is important, setting some bright-line rules for it, and enabling individuals to communicate the way they want to communicate, whether that is receiving texts or receiving emails, rather than getting phone calls, for example. So those things are all addressed in the rule, and we are poring through comments right now to think through the right approach going forward. Mr. Tipton. Okay. Thank you. And Mr. Stivers brought up some issues in regards to technology and fraud. Could you maybe expand a little bit on the financial technology and how it has changed during the pandemic, and how you are monitoring the regulatory environment around the technology to make sure that consumers can safely access the important tools? Ms. Kraninger. That is critically important. Clearly, we have a number of processes that contemplated in-person interactions or expect that, and we have done a lot to address it in terms of appraisal processes and other processes in terms of, particularly, mortgage loans and mortgage origination. So, it is something that we are looking at. The Bureau also is engaged in technology sprints, to think about, again, how do we promote electronic disclosure? But the point that you raise is a real one, and that Congressman Stivers did, that you have to take into account fraud and other cybersecurity issues, privacy issues, with that data. Mr. Tipton. Thank you. I yield back. Chairwoman Waters. Thank you. The gentleman from Texas, Mr. Gonzalez, is recognized for 5 minutes. Mr. Gonzalez of Texas. Thank you. And thank you, Director Kraninger, for being here before us. Our nation has a patchwork of mortgage protections in place, and this fact is reflected on the Consumer Financial Protection Bureau website, which highlights that we have one system in place for at least the federally-backed mortgages. And up until now, we have relied on the tendency of non- federally-backed loans to simply follow along the path. While many lenders have voluntarily given similar relief as the federally-backed programs, consumers are not protected in this lending space for COVID-induced foreclosures and financial problems. First, how is the Consumer Financial Protection Bureau helping consumers with non-federally-backed mortgages, and do you have the tools and authority that you need to help these folks? Ms. Kraninger. Thank you, Congressman. There are obviously distinctions there with respect to CARES Act treatment. One thing that we did very early on in the pandemic was to provide clear direction to all of the entities subject to our responsibility, our regulated entities, that their first responsibility is accommodation of customers during this time, consistent with safety and soundness and compliance with consumer protection law. So, that does send the strong signal to all those that are regulated, including those entities that are servicing non- federally-backed loans, about those requirements. And I would say, generally speaking, the information that we have is that the right steps are being taken there, but we also have the backstop of our supervision and enforcement activities to ensure that that is the case and that they are complying with the law. Mr. Gonzalez of Texas. Okay. Changing the subject just for a second to landlords, what can a landlord do who is not getting their rent but has eviction problems, and foreclosure is looming? How are they getting help, especially smaller landlords? Ms. Kraninger. I will say, Congressman, that the landlord- tenant issues are a little bit outside of our purview. We took on the responsibility, recognizing the need for one Federal Government website to provide that avenue for landlords, tenants, borrowers, and everyone, to get information from one site. So, we do have CFPB.gov/housing, but it is really HUD and a few other dynamics there in the States that have the avenues for and resources for folks to follow. But we were trying to be at least a conduit, as one place to go for that information, so we are housing that information. Mr. Gonzalez of Texas. Yes. That is the concern, particularly for smaller landlords. Do you feel like the Home Mortgage Disclosure Act, which requires many financial institutions to maintain, report, and publicly disclose loan-level information about mortgages, is useful in detecting discrimination in the marketplace? Ms. Kraninger. That is one of the purposes of the Home Mortgage Disclosure Act. Certainly, the collection of that information does provide transparency to the marketplace and to the public and is useful to agencies. We do use that information on a regular basis to engage in fair lending analysis and to understand what is happening in the marketplace. Mr. Gonzalez of Texas. Are there improvements that you believe could be made? Ms. Kraninger. We are continuing to improve the way that we make that data available. I have also looked to work with our partner agencies around how we do the fair lending analysis. Each agency does it slightly differently, and frankly, I would like to better understand that. So, we have been trying to get the economists together from each of the agencies to see how they are doing that analysis, frankly to help also institutions, because many of them do the analysis themselves, to also ensure compliance with the law. I think there is a real opportunity to look at how we analyze that data, thinking about it, sharing it, understanding what it means, and understanding what we are looking for. So, that is a dialogue that I have sought to further. Mr. Gonzalez of Texas. Thank you, and we look forward to working with you on that. And I yield back. Chairwoman Waters. Thank you. The gentleman from Texas, Mr. Williams, is recognized for 5 minutes. Mr. Williams. Thank you, Madam Chairwoman, and thank you, Director, for being here today. And before I begin my questions, I just want to echo what we have heard quite a bit today about the Supreme Court and their decision that said the current structure of the CFPB is unconstitutional. I think you have been a 100 percent improvement over the first Director, but I still think it would benefit everyone if there was greater oversight and less power concentrated in one individual. Now, Director, the economic recovery from the coronavirus is going to be driven by small businesses, Main Street America, opening the doors and hiring back workers. These businesses are going to need to adjust their storefronts and business models to make the necessary changes to make this happen, and to satisfy State and Federal safety guidelines. The ability of a business to access capital will be critical during this time. The CFPB is under a settlement agreement to adhere to a predetermined timeline to issue a rule regarding small business data collection in the course of Dodd- Frank Section 1071. As I have mentioned to you before--you and I have talked about this--I have serious concerns with the effect that this rule will have on the cost of capital for small businesses. So, could you please give us an update, a timeline, on the implementation of this rule, and tell us how you will ensure that these actions will not inhibit small businesses and Main Street from getting loans? Ms. Kraninger. Yes, Congressman, I absolutely understand your concerns and frankly share some of them as well. I will say that Section 1071, of course, is a mandatory rulemaking in the Dodd-Frank Act. Even in my confirmation process, I pledged to make that a priority because it is a required rulemaking. So, we are engaged in that effort. We are issuing a Small Business Regulatory Enforcement Fairness Act (SBREFA) outline by September 15th. That is the small business regulatory relief process where we sit down with a panel of affected small businesses, with the Small Business Administration (SBA), and with the Office of Management and Budget (OMB), and go through that outline and get comments. It is a kind of early stage in the rulemaking process. So, we will have a draft proposal out by September 15th, and this fall, we will really engage in that process of discussion of that draft. And then, the next step after that would be a Notice of Proposed Rulemaking, but we have not come up with any firm timeline for that. Mr. Williams. Thank you. On June 18th, the Bureau announced a Pilot Advisory Opinion Program that would allow businesses to try new products and services without fearing that the CFPB would come down with some enforcement actions for trying something new. This is a welcome step towards providing more certainty to the private sector, as they are often fearful that they will be targeted by your agency. So, Director, how have you been publicizing this pilot program to industry participants, and can you give us an update on how many people have submitted requests to be a part of this program? Ms. Kraninger. Congressman, I am sorry. Which pilot program? Mr. Williams. It is called the Pilot Advisory Opinion Program. Ms. Kraninger. Oh, the advisory opinion--absolutely. I wanted to make sure I had the right pilot program. Mr. Williams. Sorry. Ms. Kraninger. That's okay. The Advisory Opinion Program is out for comment right now. So it will go final. We are just--when we collect data from an entity, we need to actually do the Paperwork Reduction Act. So needless to say, we launched the pilot, but we expect it to be fully going soon. It is an interpreted rule that we would be issuing. We have not gotten any applications yet, but any entity that is seeking an interpretation or additional information about how to comply, because they have a particularly challenging issue. What happened prior to this program is, they would send us an email through our site, and we would send them back an answer. Right now, though, I think that process should be transparent. I think all of the entities that are equally situated should actually benefit from getting that information, and it should happen formally from the agency and not just informally through trade groups or otherwise when someone actually gets that useful piece of paper. So, that is what we are hoping for with the Advisory Opinion Program. Mr. Williams. Thank you. I am in the credit business. And when this whole pandemic began, I said I did not want to see a person's credit score, like we saw in 2008, ruined as a result of the pandemic and the mandated government shutdown. As you know, the CARES Act--and we have talked about this-- included provisions for lenders to work with their customers who make changes to their credit accommodations, such as adjusting or delaying certain payment agreements, while at the same time ensuring the integrity of the credit reporting system is kept intact, which is very important. Last week, TransUnion released a report that showed delinquencies decreased in June on a month-to-month basis, which makes it seem that people are still managing their finances and debt with responsibility throughout this pandemic and that the CARES Act provisions have been working. So quickly, Director, does this data point released by TransUnion align with what your Bureau has seen? Ms. Kraninger. Yes, it does. Mr. Williams. Thank you. I yield back. Chairwoman Waters. Thank you. The gentlewoman from Michigan, Ms. Tlaib, is recognized for 5 minutes. Ms. Tlaib. Thank you, Madam Chairwoman. And thank you, Director Kraninger, for being here. I appreciate your time. I am actually in the people's business. That is what I do, is help people. And I know during this pandemic, your Bureau received quite a number of complaints, I think 42,000, a little bit over 42,000 in April, and a little over 44,000 complaints in May. I want to talk to you a little bit about this. I know it is about a 60-percent increase, Director. So I just want to know if my resident is calling and, of course, they qualify for a forbearance, they are calling over to the mortgage company, and they call you all, what is the process that they go through to get your help and your advocacy to make sure that this mortgage servicer is complying? Ms. Kraninger. That complaint is processed immediately, and sent to the relevant company, and we do a little bit of quality control on that in terms of making sure it is something that can be responded to, but that is sent to the company. And I did get a little bit of an update from a prior question about the average response time. Our average response time of the consumer getting an answer from the company is 9 days. So, that is what is generally happening in terms of the issue they are raising. Ms. Tlaib. That is great in some cases. Do you know what the resolutions are? Are they just contacting via email, or are they resolving the issue? Because what I am hearing from residents is they qualify for forbearance, but the mortgage servicers are kind of giving them the runaround. Ms. Kraninger. It is a response. We do quality control and the responses back. We also, particularly with respect to mortgage servicers and the CARES Act forbearance and the issues that are happening right now, we are looking at all of those to see if there is an issue with a particular servicer. Ms. Tlaib. --Give me an example of one that you all resolved, and it doesn't have to be a mortgage. I know the next number-one issue folks call about is credit cards, and then issues with their consumer report or credit report. Ms. Kraninger. The one that has gotten a lot of attention, and it certainly got my attention, was in late March and early April, we did get a significant number of complaints submitted about payment of mortgage payments, and around the forbearance option that was given to servicers, and when they would have to pay. Because the initial information from servicers was, we put you in 90-day forbearance, and you are going to have to pay that full 90-day deferral after the 90 days, because that is the way the process tends to work in normal times. So, that concern came through loud and clear. And people said, ``If I can't pay now, I am sure not going to be able to pay in 90 days.'' That is something that we took very seriously. I talked to FHFA, in particular, but HUD, all of us came together as Federal partners and said, that really doesn't make sense. That resulted in some guidance from them, but also an interim final rule adjusting our mortgage servicing rules to make clear that the option that can be offered is deferred to the end of the mortgage period. So, that is to the end of the loan, a lump sum payment at the end. And that was, I think, a demonstration of how this can work and how it should work. Ms. Tlaib. And, Director, in that case, that service, it was just that mortgage servicer, it wasn't any other companies, they just tried to find--so we have to actually school them and get the actual accurate guidance that that is not how they have to do it? What happens to them when they do that? What do you do? Smack them on the hand? What exactly happens? My worry is, what else are they doing that, if they can get away with it, or maybe we don't find out about it, some people don't even know to call you, your Bureau. I am just curious what happens in that case, do they get fined or something? Ms. Kraninger. Absolutely. If they are not complying with the law, they can have to pay restitution. And there are other outcomes. Also, the example I gave you is a good example of where they were doing what they should do, but it was not the outcome that any of us would want. Ms. Tlaib. Yes. Ms. Kraninger. I think there are a lot of examples across- the-board. But making sure we address servicers who are not taking compliant action with the law is important, too. Ms. Tlaib. And my last question is, do you work with other departments? One of the things I have noticed is if there is a huge--do you all ask or see a pattern of complaints maybe from communities of color? And do you work with the civil rights division within the Department of Justice if you see a pattern of discrimination based on someone's ethnic background, faith, or things like that? But, primarily, I would say, there is a huge impact on the African-American community and people of color, and I am wondering what your Bureau is doing to work with other agencies to push back on that? Ms. Kraninger. Definitely, if we see a pattern or practice there, we have our own authority, obviously, to act under ECOA, but we also do make referrals to DOJ and work with them closely. Ms. Tlaib. Thank you, Madam Chairwoman. Chairwoman Waters. Thank you. The gentleman from Arkansas, Mr. Hill, is recognized for 5 minutes. Mr. Hill. Thank you, Madam Chairwoman. I appreciate the opportunity to have this hearing. Director Kraninger, I want to commend you for leading the Agency during this very difficult time of COVID-19. Given the current economy, many of us in Arkansas, many of our families have been really navigating a tough financial space. I want to thank you and the Agency for doing a number of good updates and adding helpful information to your website. We have been using these newsletters you send out several times a week on the COVID-19 crisis, and the materials have been very beneficial to consumers. So, please thank your team for the extra efforts to communicate. I want to touch, Director, on the topic that Dr. Foster spent quite a bit of time on, which is your revisions for the qualified mortgage rule. You walked through, I think, the background quite clearly, and a lot of us are concerned about, will this rule approach that you are taking, that you put out for comment, lead us down a road towards weaker credit underwriting by the banks or by the Federal entities that insure or purchase those loans? You did a good job answering these questions, so I won't belabor that point, but the DTI is just one of many considerations to be taken in underwriting. But since that is true, what is your philosophy--all bankers take into account a variety of compensating factors when underwriting a loan. Why is what you viewed that it is necessary to replace the DTI definition with something that appears pretty open-ended? Ms. Kraninger. I think, Congressman, and I appreciate your interest in this important marketplace, clearly, for mortgages for many Americans, the point that you just made is precisely why we are moving from DTI solely to a pricing approach, because it really does bring in the more holistic considerations of the borrower's creditworthiness. And, certainly, you would expect and want responsible lenders to be pricing in the risk that they see, and that is a different approach than a hard debt-to-income ratio that, frankly, at 43 percent, but, frankly, as we looked at, what would be an acceptable DTI threshold if you were going to stay at that? And we, in fact, asked that question in the rulemaking. But clearly, at 43 percent, we know we are keeping a lot of creditworthy borrowers and, particularly, borrowers of color out of the qualified mortgage market. Mr. Hill. Thank you for that. Do you have any concern that granting a safe harbor to underwriting standards of third-party guidelines could be too open-ended? Are you concerned about that? Ms. Kraninger. No, it isn't just third party--arbitrarily, it is third-party guidelines that we would have to actually recognize. So, there is that check in the process. Mr. Hill. And you would approve those guidelines? Ms. Kraninger. Yes. Mr. Hill. Okay. Ms. Kraninger. That is what is proposed. Mr. Hill. Let me switch subjects and talk about the difference between the 150-basis points pricing range that you considered, and, yet, for the safe harbor, you think it should be 200 points for the QM. Don't you think that spread could do two things: One, create a potential for misunderstanding in lawsuits, and that it would actually deter private sector players from making the loan, and could they even be shifted more to a government-type loan, such as an FHA loan? Are you concerned about that spread? Ms. Kraninger. Ccertainly, it is a proposal, Congressman, so we absolutely won't comment on that to the extent that anyone in the public has data that would demonstrate a greater risk. We outlined why we chose that threshold, and that it is not too different from the thresholds that are already recognized in the current QM. Because there is a pricing threshold differential between the safe harbor and the rebuttal presumption now. So, the APR APOR spread is something that is in the current system. But, again, we looked closely at performance over the last many years. That data is in the rule, and we welcome comments on alternate concepts or risks that might be introduced here. Mr. Hill. Thank you, Madam Chairwoman. I yield back. Chairwoman Waters. Thank you. The gentlewoman from Iowa, Mrs. Axne, is recognized for 5 minutes. Mrs. Axne. Thank you, Madam Chairwoman. And thank you, Director Kraninger, for being here. I would love to start with some positive news by thanking you and your staff for taking some time to give us some feedback on a bill I introduced a couple of months ago to create a working group with the CFPB and the SEC to help protect consumers and investors from fraud. So, thank you for that. I do hope we can move forward to get your two agencies working together to prevent Americans from being taken advantage of. And I also appreciate the website you set up with information on the prepaid debit cards that a lot Americans received. I wish that had been communicated earlier, and then my colleagues and I may not have had to push the Treasury to make those improvements. But thank you for those two pieces. I want to go back to the last time you were here. You had just signed an information-sharing agreement with the Department of Education on student loan servicers, marking the first time in more than 2 years that that information was properly being shared. But 2 years is far too long to go without full compliance information that we need to understand how the $1.6 trillion of student loan debt is being handled. I am glad that part is resolved, but it should have been done much sooner. However, not only did the agreement not restore the supervisory memorandum of understanding (MOU), the last time you were here, you couldn't even tell me when that would be done. In September, just a month from now, we will be at 3 years without the Consumer Financial Protection Bureau properly supervising student loan servicers for the 40 million Americans with these loans. So, I am going to ask you again: When are regular exams of student loan servicers going to resume? Ms. Kraninger. Congresswoman, I am happy to be able to tell you that they have already resumed. We started in that--that was the lag time, frankly, between the February House hearing and the March Senate hearing. I managed to get that done in February, so that the supervisory exams commenced, and there are no barriers to us doing the supervision work that we need to do in the student loan space. We are working very closely with the Department of Education so they can continue to do their contractual oversight, but we are pursuing our own information requests, we are getting that information, and we are engaging in those exams. Mrs. Axne. Perfect. From what I have heard, though, I believe that there has been one exam done, and that was in March. Is that correct? Ms. Kraninger. Congresswoman, we do not stipulate what exams are happening and in what product areas. I made the exception by at least trying to show Congress, recognizing the great interest in this-- Mrs. Axne. I appreciate that, but have you done any exams since that March exam? Ms. Kraninger. There are no barriers in our way. We are doing all of the exams that we would like to do. That is what I can say at this point in time. And I know that is not satisfactory to you, but we don't talk about the number of exams that we do in any given industry. Mrs. Axne. I am going to take that as a no, because if you can't tell me that you have more than one exam, and you won't answer the question, I am assuming that is a no. I would like the question answered, when will regular exams resume? Ms. Kraninger. Congresswoman, I don't want to parse words with you, but it is definitely not a no. We are engaged in every exam that we need to be in the student loan space. Mrs. Axne. How many exams have you had? Ms. Kraninger. Again, that is not a publicly disclosed number. It is not in any area except our total number of exams conducted. We don't issue exam numbers publicly in each industry. Mrs. Axne. So, you don't issue it for each industry? How then are we supposed to get the information that we need? Ms. Kraninger. And we never have. So again, I am-- Mrs. Axne. That is certainly a problem that we are going to have to figure out, because how are we going to make sure that there is oversight of these 40 million loans that people in this country need to have oversight of, if we can't get that information, and you are not willing to tell me how many you have done within this industry? That was the specific question. Ms. Kraninger. I understand. It is not a publicly available number. It is something that I--I think is appropriate given the confidential nature of supervision. It's the same with the number of investigations that we have ongoing in any industry; we don't actually disclose that publicly, given the confidential nature. Certainly, when it is public, we do have a number of ways to do that, and I am absolutely looking at this. But I am trying to tell you that it is not any obfuscation, this is important, and we are engaged in every exam that we need to be. Mrs. Axne. Listen, from what I have been told, there has been one examination. And I believe there should be around-- there are about 12 servicers, 10 to 12 that would need an examination. So, I think we are failing the people in this country right now. I yield back. Ms. Kraninger. You were told there was one exam, because I am the one who actually publicly released that there has been at least one exam. Mrs. Axne. We just went all through that, and now you just said that there has been one exam. I yield back. Chairwoman Waters. We will explore that a little bit further, Mrs. Axne. The gentleman from Minnesota, Mr. Emmer, is now recognized for 5 minutes. Mr. Emmer. Thank you, Madam Chairwoman. I appreciate the opportunity. Thank you, Director Kraninger, for being here today and for the great work you are doing. Unfortunately, under the Obama Administration, Democrats created an agency which is completely unaccountable to the American people. Outcomes and oversight of the agency were, by no means, transparent. We have also, unfortunately, faced unnecessarily partisan attempts to reform the structure of the Bureau by putting it on a budget and creating a bipartisan forum. On a brief personal note, Director Kraninger, I want to sincerely applaud you for being open and accessible to every Member. My staff and others constantly praise your efforts to be responsive to our requests for input and feedback. I know this willingness to meet and discuss policy occurs across the aisle as well, so I just wanted to take a moment to thank you for your service. I also appreciate Paul Watkins, and the work you are doing to advance inclusion through Fintech innovations. This is one of our top priorities at the committee, and the FinTech Task Force. He didn't receive the most welcoming comments from the Majority when he came before us. But advancing Fintech innovation to help those in need should be a nonpartisan issue. Now more than ever, families need to have access to options to cover unexpected costs. For many, short-term lending can be a lifeline in difficult times. Abuse cannot occur, but this must remain an option. Your work to ensure that borrowers have access to loans will increase competition and choice in the marketplace at a time when it is so desperately needed. Turning for a moment to ongoing litigation started by the past Administration, Director Kraninger, I noticed that in your budget request, there is no mention of the funds the Bureau expends to continually pursue Cordray-era litigation. Can you please speak to the cost of that ongoing litigation? Ms. Kraninger. Certainly, the Bureau continues to engage in litigation, both before and under my term, and also litigation that Director Mulvaney approved at the time that he was Director. There is a cost, obviously, as you noted, and we do include in the budget lines for expert witnesses and document production, and things like that. But I don't think, Congressman, I can give you a specific delineation for which Director signed off on which enforcement action, and what the litigation costs have been. But, certainly, there are some complex litigation cases that we are still involved in that are costly, but I deem them necessary to continue, Mr. Emmer. I would move to follow up with you outside of the hearing on that. Listen, I share the concerns of my colleague, French Hill, and I also share the praise that Mr. Hill was giving you for your work to update the qualified mortgage rules. But I do share his concerns that he raised with you, and I am not going to go over those again. I appreciate you being aware of them, and appreciating the concerns. And now that we have a definitive answer that CFPB's leadership structure does violate the separation of powers, I am curious about your plans regarding transparency and accountability. Given these developments, and under your leadership, where do you plan to take the CFPB? Ms. Kraninger. Congressman, certainly since I was named and testified before you all for the first time, that has been something that is significantly important to me, given my public service career. We are endeavoring to engage in that transparent dialogue in every aspect of what we do. I would say the Advisory Opinion Program that was recently launched is a great example of that. Again, we are providing guidance or essentially, interpretations to one entity that asks. But through that advisory opinion process, we are making that public, and we are providing that interpretive rule to everyone, so that they can see what the rules of the road actually are, and it is not just benefiting one entity, or who that entity decides to share that with. So that is one example. And certainly, our rulemaking efforts as well, and I am trying to ensure that we are fully transparent there. Mr. Emmer. My colleague, Andy Barr, was asking about congressional oversight of the budget. And I know you didn't want to step into Congress' role. But could you answer the question: Would congressional oversight of your budget inhibit your ability to do the job as Director? Ms. Kraninger. Congressman, I have endeavored not to get into that. But I will certainly acknowledge that I was a long- time appropriations staffer on both sides of the Hill. Mr. Emmer. I am sure we will talk more. Thank you for your time, Director. Madam Chairwoman, I yield back. Chairwoman Waters. Thank you. We have now reached the end of Group 1. The committee will stand in recess for 5 minutes while the room is cleaned. [recess] Chairwoman Waters. The committee will come to order. The gentlewoman from California, Ms. Porter, is recognized for 5 minutes. Ms. Porter. Director Kraninger, would your proposal to implement the Fair Debt Collection Practices Act prohibit repeated calls from debt collectors? Ms. Kraninger. Congresswoman, it is a proposal, and it did, in fact, propose a limit on the number of calls that can be received in a week. Ms. Porter. Great. Good work. Would it prohibit some debt collectors from making calls harassing families and friends? Ms. Kraninger. Yes, harassment is already precluded by the law. Ms. Porter. So we can agree that harassing practices by debt collectors are something that you can probably pretty comfortably say falls within the jurisdiction of the Consumer Financial Protection Bureau? Ms. Kraninger. Yes. Ms. Porter. Great. In the last 4 years, has the Bureau taken any enforcement actions to punish medical debt collectors that break the law and harass consumers? Ms. Kraninger. We have taken public enforcement actions against debt collectors. I am not sure about what kind of debt, off the top of my head. Ms. Porter. I am specifically asking about medical debt collectors. Have you taken any enforcement actions against medical debt collectors that would-- Ms. Kraninger. I understand the question, Congresswoman. I do not have an answer for you off the top of my head. Many of the debt collectors actually collect on behalf of multiple clients, so it is very possible. Ms. Porter. Okay. Let me answer that for you, the CFPB has taken zero actions against medical debt collectors. So, if you are just tuning into this hearing, here is what you have missed. Nothing. You have missed nothing, because that is what the CFPB has been doing to protect you against predatory medical debt collection, even in the midst of a terrible pandemic. The CFPB, Ms. Kraninger, was created to protect consumers, that is its mission, that and nothing else. Would you consider it pro-consumer to not enforce the law to prevent consumers from being illegally abused by debt collectors? Ms. Kraninger. There were a lot of caveats to that statement, Congresswoman. Let me just tell you that we are committed to enforcing the law. I am committed to enforcing the law. And we have taken action against a number of practices in the debt collection space, including through our supervisory effort. So, it is not just the public enforcement action that you are citing, certainly, through supervision, we have issued supervisory highlights that articulate what we have done in the debt collection space, we provide information to consumers about their expectations from debt collectors. Ms. Porter. But, Ms. Kraninger, just to be clear, if I am a medical debt collector, I can break the law under your CFPB, and know that there is a zero percent--if the past predicts the future, and we are looking back at the past 4 years, there is a zero percent chance that I will get sued. How is that robustly enforcing the consumer mission of the agency? You are not-- Ms. Kraninger. Congresswoman, I respectfully disagree with you. There is certainly no guarantee that that is the case. And I would endeavor to have you give us information on any debt collectors that you are concerned about their practices. We absolutely will follow up on them. It is a career decision to open an investigation for CFPB, and I welcome any information that you have on bad practices. Ms. Porter. Ms. Kraninger, in your own database, in the CFPB's own database, there are thousands of complaints about medical debt collectors. Each time you come before this committee, I appreciate that you welcome me to do your job for you, but my job is to make sure you are doing it. I wanted to ask you about something else. Are you familiar with Mike Hodges, H-o-d-g-e-s? Ms. Kraninger. No, I do not believe I am. Ms. Porter. You aren't? Ms. Kraninger. I don't believe so, no. Ms. Porter. He is the CEO of Advanced Financial, one of the country's largest retail lenders. Do you know how much he has donated to the Trump campaign? Ms. Kraninger. I have no idea, nor do I care. Ms. Porter. So, you don't know anything about him. Let me read you this quote. ``I have gone to the RNC and said, `Ronna, I need your help on something.' She has been able to call over to the White House and say, `Hey, we have one of our large givers. They need an audience.' The White House has been helpful on this particular rule we are working on right now.'' That was Mike Hodges in October 2019. Do you know what rule he was talking about? Chairwoman Waters. The gentlelady's time has expired. The gentleman from Ohio, Mr. Davidson, is recognized for 5 minutes. Mr. Davidson. Thank you, Madam Chairwoman. Director Kraninger, I thank you and your team for all of the work you are doing to protect America's consumers. I appreciate having you on the job. And I want to say a special thanks to Paul Watkins and the attention he has given not just to Fintech, but to privacy. In your proposed rulemaking on privacy--I guess I am looking at the scope of privacy. You think about the key things for consumer protections, their data and the use of it has really defined at lot of this age, whether it is data breaches or the way that any number of companies have monetized the access to data that consumers have. So, what is the scope that you are looking at and how do you use that to protect consumers? Ms. Kraninger. Absolutely, Congressman. I believe you are referencing the Section 1033 policy discussion that we are having now about consumer-authorized access to their own financial data. It is a complex issue. Certainly, the Bureau issued principles, and privacy and data security are part of that consideration for how best to enable that data access to consumers. We had a symposium a few months ago. We just issued the report out from that symposium and announced we would engage in an advance notice of proposed rulemaking. It is a complex area. There are a lot of issues to consider that we are looking forward to getting more data on. But I would say that there has been progress made in moving away from screen scraping as the means by which many aggregators would get consumers' financial data using their bank credentials and having that be provided by the consumer. That is something that is not a best practice certainly. And so moving in the direction of APIs so that there is an automated data transfer that can happen, and that there is more control on both sides. But that is something that we are really looking to having more extensive dialogue around, and that is what we announced last week. Mr. Davidson. When you think about the consumer protections with respect to data, the work you are doing there is critically important, in large measure because Congress has failed to act. We don't have a comprehensive data protection law for all consumer activities in the United States. We have a somewhat outdated Gramm-Leach-Bliley Act that I think you proposed to update. But there are lots of data houses that make use of this, that aren't covered by Gramm-Leach-Bliley. So do you feel like you have the authority or scope to do everything that you would need to do to protect consumer data? Ms. Kraninger. Congressman, you are raising an interesting issue here with respect to not just 1033, but more globally. We do have, I think, a number of issues around privacy and data security with standards in California and Europe and what happens in the United States. And there are many parts of this that are outside the CFPB's purview. Specifically, the safeguards in the Gramm-Leach-Bliley Act are outside the authority of the CFPB, generally. That is just to make you aware, but I am actually looking at privacy and data security broadly, and may have some requests of Congress or some suggestions around that. So, I am looking at that internally, particularly when it comes to credit reporting, because that is where we have at least a little more of an engagement and a responsibility there, particularly when it comes to our supervisory work. But I will certainly get back to you on that and others; I know it is of great interest. But with Section 1033, we do have the ability to take this into account, as we think about how best to move forward in that. Mr. Davidson. Thank you very much for your attention to it. There is really no excuse for Congress' failure to provide the safeguard for all of America's consumers. And I hope that I can collaborate broadly for a good bipartisan solution on privacy, not just with respect to government, warrantless surveillance and things like that, but consumer financial data. Our seniors are especially vulnerable, and I appreciate the work you are doing to safeguard our seniors. And I think the last thing I would say is, as you have conversations with the members of FSOC, with the Treasury and everything else, most of America has their assets in U.S. dollars. It is the store of value, it is the means of exchange. And this idea that we can, in an unlimited way, just continue to print money and not damage the value of all of the other dollars is foolish. We have printed an awful lot of money. We haven't truly borrowed it, because there is not a real lender. And I just urge you to weigh in where you can on the importance of protecting the U.S. dollar, store value, and means of exchange. And for that purpose, my colleagues and I recently formed the Sound Money Caucus. Thanks again for what you do to protect America's consumers, and I yield back. Chairwoman Waters. The gentleman from Illinois, Mr. Casten, is recognized for 5 minutes. Mr. Casten. Thank you, Madam Chairwoman. I think I probably speak for all of us on this committee, saying that when I woke up this morning, I was going through the news headlines, and I was completely gobsmacked, for lack of a better word, to see that the GDP has collapsed by almost 33 percent in the last quarter. That is well outside the range of challenges that I anticipated that I was going to be grappling with when I was asked to serve on this committee. I suspect, Director Kraninger, it is probably outside the scope of yours, as well. The old Monty Python sketch says nobody plans for the Spanish Inquisition, right? I think all of us knew it was going to be difficult. We did have leading indicators. Your own Bureau, in the case of leading indicators, is unfortunately the case. When the economy gets tight, unscrupulous actors emerge. And as Congresswoman Tlaib was calling out, I think you saw an all-time record for consumer complaints at the Department in March, which was then topped in April. And a new record was set in May, and a new record was set in June. During the Q2, you are basically running about 50 percent above historic complaints at the CFPB. In spite of that, you have had 13 public enforcement actions this calendar year, which basically puts you on track to finish about at the level of 24 that you did last year, which, as The Wall Street Journal had reported, is down 80 percent from the 2015 peak. My question for you is, why has the CFPB decided against taking enforcement actions, despite the rising complaints that Americans are feeling during this economic downturn? Ms. Kraninger. Congressman, we are taking robust actions using all of our tools, and, certainly, that includes enforcement. So, I would ask you to reserve judgment until we actually get to the end of the year and see where we end up. I will not manufacture enforcement cases, but I will take the right action against bad actors. And we do have a number of actions in the pipeline that I have authorized that I expect to see move forward. So, I will at least note that. Mr. Casten. I want to just--hang on. Because you said to Congresswoman Tlaib that you are averaging 9 days between when the complaint comes in and you respond. I just gave you data going back to March that is 50 percent up. You are saying you have gone through, and you have gotten back to people in 9 days, but you haven't decided what to do with that yet? Ms. Kraninger. Congressman, complaints are different from enforcement actions. The complaints do get resolved in 9 days-- Mr. Casten. I understand. Ms. Kraninger. --on their initial response. Mr. Casten. Okay. On April 1st, your Bureau issued a statement which said, in part, ``The Bureau specifically states that it does not intend to cite an examination or bring an enforcement action against firms who exceed the deadlines to investigate such disputes, as long as they make good-faith efforts to do so as quickly as possible.'' It sounds like you are saying you are not taking enforcement actions, and the data would be consistent with that. What motivated you to issue that guidance? Ms. Kraninger. You are, specifically, talking about credit reporting dispute resolution. And the dispute cannot be resolved if the small business merchant, for example, is actually shuttered and cannot respond to the credit reporting agency. So, that is what the good faith effort is about. Absolutely, the mandates to respond remain in place, and they need to be met. But there are extenuating circumstances, like the closure of a small business, for example, that is a merchant that is the subject of the dispute. Mr. Casten. I am pretty sure your job is to protect consumers. What are you telling consumers who are sitting there saying, I need a response, you got a 50 percent surge in consumers, and what are you doing, you are calling them back and saying, I'm sorry, I just can't address this? Figure out how to pay your own rent? Figure out how to pay your medical bills? Figure out how to pay your car payments? The title of your agency is, ``Consumer.'' Ms. Kraninger. Congressman, there are remedies that come after that particular example that I gave you, so it is not acceptable not to respond. And I noted to Congresswoman Tlaib, as you noted, that we do actually get initial responses, and for the vast majority of complaints, on average, it is a 9-day response. But there are responses that take a little longer. Mr. Casten. Let me just close the way I started. All of us in this hearing, yourself included, are entrusted with looking after the public interest. When these circumstances arise that are way, way outside of the range of situations that we would encounter, we have an obligation to make sure that we are adjusting our tools. There is a reason why the captain goes down with the ship. Because the captain has to look over the safety of everyone on the ship. I would hope that you are seriously looking at what your agency can do better. Because what you are doing right now is the status quo, which is 80 percent down from what it was when it was created. I think that you know you can do a better job. I yield back. Chairwoman Waters. The gentleman's time has expired. The gentleman from North Carolina, Mr. Budd, is recognized for 5 minutes. Mr. Budd. Thank you, Madam Chairwoman. Director, thanks for being here today. I wanted to highlight a QFR response that I received from your team regarding a concern I had with the Bureau's marketing service agreement under Rezpo. Now, there is still some need for clarification between me and my team as far as what we received. But you did indicate that you are willing to receive some feedback on this. Is it okay if we follow up with you after this on that issue? Ms. Kraninger. Absolutely. Please do. Mr. Budd. Okay. I would also like to ask unanimous consent to submit for the record a recent article on this issue, and it was actually authored by your former Deputy Director, Brian Johnson. And I will be sure to share this with your team. Chairwoman Waters. Without objection, it is so ordered. Mr. Budd. Thank you, Madam Chairwoman. I have a few questions, Director. In the notice of proposed rulemaking for the ability-to-repay rule, the CFPB encourages stakeholders to develop additional verification standards that the Bureau could incorporate into the QM safe harbor. Given the Bureau's important desire to move away from the static and data verification standards in the appendix Q to promote and foster innovation, how can industry and stakeholders help inform and define the Bureau's definition of qualified mortgages? Ms. Kraninger. I think I am very much looking forward to the conversation around the standards, because it is a critical part of the ability to repay. And considering verified debt and income is what the statute requires. We know that alternative data considerations, residual income as opposed to other means of assessing income. And we have a challenge of the current Appendix Q as well with respect to self-employed or gig economy workers. So understanding how industry has been looking at that, frankly, with input from all stakeholders, it is not just industry, but also consumer advocates and others who pay very close attention to what is happening in this space, how we can, again, bring forward creditworthy borrowers who are going to have successful loans, that is part of this. So we are very much looking to promote that and are welcoming engagement with all stakeholders, frankly, on what standards they would propose. Mr. Budd. Thank you. I want to point to the CFPB's July 10th report on debt settlements and credit counseling. And in that, you looked at the critical issue of options for consumers. You just found out they have more debt than they can actually handle. In this report, your agency found a rise in debt settlement since 2016, and an even more significant increase in settlements that are facilitated by companies that actually charge the consumers to settle those debts for less money than they owe. In my home State, North Carolina, we have seen a rise in complaints about the practices of that industry, including misleading advertising and high fees, that particularly targets the military, which is very concerning to all of us. So, I want to encourage you to continue to look into this industry and take all appropriate actions to protect our troops and all Americans who could be misled by false promises and high-pressure sales tactics from this industry. Any thoughts or follow-up on that? Ms. Kraninger. Congressman, I will tell you it is an important area. We have taken a number of enforcement actions, including with State attorneys general against bad actors in this space. There are clear rules about their ability to collect any fees prior to actually getting the outcome they promised to the consumer. So, that is generally where our actions have been taken, and we will continue to pursue that. Mr. Budd. Thank you. A priority of mine, and also of my committee Republican colleagues here, is to eliminate costly and confusing regulations that make it more difficult for businesses to thrive and innovate for the benefit of consumers and markets. Particularly during this pandemic, when we are striving to get our economy back on its feet, it is critical to only promulgate clear, well-founded regulations. That is why I believe that the failure to change the payment provisions in the small-dollar rule will create a patchwork of inconsistent standards for payment provisions based purely on the consumer of the product. For example, some products will be judged by the standards of the National Automated Clearing House Association (NACHA), and others by the CFPB rules. And when the Federal Reserve announces the payment standard, that rule will judge yet other products. This is, particularly, the type of regulatory mess that the Administration has sought to eliminate. Would it not be better to undertake an appropriate study of the payment provisions rather than to ratify and implement the flawed findings of the 2017 Cordray Rule? Ms. Kraninger. Congressman, we will undertake a review, of course, 5 years after the rule is in place, and take a look at how it is actually implemented. We did try to provide great clarity around which entities and which products are actually pulled into that rule. I know there were some questions about products that clearly were not actually even contemplated in the rule, so we did a lot with guidance on that, Mr. Budd. Thank you. I yield back. Chairwoman Waters. Thank you. The gentleman from Utah, Mr. McAdams, is recognized for 5 minutes. Mr. McAdams. Thank you, Madam Chairwoman. Director Kraninger, when you first appeared before this committee last March, we had a discussion then about balancing access to credit, while at the same time, ensuring that consumers are protected from harmful products. Specifically, I asked about CFPB's planned actions on its payday rule, and I expressed my concern that payday products can quickly become debt traps, especially if a lender doesn't ensure that the borrower has the ability to pay. And you noted that it was a proposal at the time, and you would continue to review your consumer protection mission as you undertook the rulemaking. Earlier this month, you issued a final rule that repeals the requirement that lenders determine a borrower's ability to repay those loans before making them. So I would like to ask you again, what role does consumer protection play as you undertook and finalized this rulemaking? Ms. Kraninger. Congressman, the mandatory underwriting provisions were very specific. I recognize that it is frequently referred to as an ability to repay, but there were specific stipulations there that would be particularly challenging. Again, by the Bureau's own estimation, it would have a significant reduction in the availability of credit there. So, that would be something that we looked at-- Mr. McAdams. I would just say from my perspective, it seems like you just made it much easier to have consumers get trapped in that cycle of debt, that they would be cycling through over and over again. And I worry there are rulemaking sacrifices of reasonable consumer protections, and I know it is a balance, but it seems like the balance is against the consumers. And as I understand it, that part of your assertion for repealing the mandatory underwriting provisions is due to what you claim as insufficient research that went into the 2017 rule, is that correct? Ms. Kraninger. Yes, Congressman, as well as the legal reasoning that was in that rule. Mr. McAdams. I would like to read you a footnote in your rulemaking from this month, footnote 343 buried on page 177 of the PDF, and it says, ``Consumer protection issues have arisen, and will continue to arise in the payday market, as in other markets as a result of a given lender's specific practices. And the Bureau is prepared to address those issues, for example, through supervision and enforcement against deceptive claims in advertising or marketing for payday loans.'' So, you acknowledged in your own rule that there are consumer protection problems in the payday industry. And I would ask, is your contention that supervision and enforcement are sufficient tools to keep consumers safe? Ms. Kraninger. Congressman, that is certainly part of the protections that are in this basis and others. I have vented that there are bad actors in every market space, including this one. So they are a key part of it. I would also say that we are doing work on disclosures, because I think there is great evidence in those rulemakings that there are consumers who understand the product, and there might be some who don't quite understand the product when they actually get them. And that is something we want to look into, and are doing disclosure testing on. So, that is another example of another protection, in addition to the payments provisions and supervision and enforcement. Mr. McAdams. Thank you. I think if we are putting a lot of stock in supervision and enforcement as our means in protecting consumers in this regard, I would like to see what your plans are for beefed-up supervision and enforcement plans. And if not, do you intend to study the issue to put together sufficient research and pursue regulations that actually do keep consumers safe, which is the mission of the CFPB? Ms. Kraninger. I am committed to constant review of the rules. We have 5-year lookback requirements by Congress that I think were incredibly--there is a lot of foresight in those, but we will definitely do that on this rule, as we do on others, for example. But any feedback based on what is happening in the marketplace needs to inform the way we operate. Mr. McAdams. But as it stands right now, even though you acknowledge that there are consumer protection issues, you are not looking for any additional tools that would help to protect consumers in regards to this debt trapping in payday loans? Ms. Kraninger. Our disclosure testing would represent that. I would also note increased competition is part of what we are seeking, and we have been working through our innovation policies to get banks and credit unions to offer responsible products in this space, too. Mr. McAdams. Okay. I would like to see what research was used to base that conclusion, that that would be adequate and sufficient for consumer protections. Lastly--and we are about out of time, so maybe I will submit this in written form. But on Friday, the CFPB announced that it plans to release an advance notice of proposed rulemaking on consumer-authorized access to financial records. This is a topic that this committee has explored before, and it is of great interest to consumers, to financial institutions, and to Fintech companies. So I would love for you to elaborate on the CFPB initiative and what the Bureau's goals are with the NPR and rulemaking process. And I do see that we are out of time, so we can take that outside of this forum. But thank you, and I yield back. Chairwoman Waters. Thank you. The gentleman from Tennessee, Mr. Kustoff, is recognized for 5 minutes. Mr. Kustoff. Thank you, Madam Chairwoman. Thank you for convening today's hearing. Director, thank you for appearing today. I would like to follow up on Congressman Budd's question towards the end of his questioning. I know about 3 weeks ago, you did finalize the final rule as it relates to these payments to the small-dollar lenders. The rule that you promulgated 3 weeks ago or so kept in place the 2017 rule provision. It imposed, frankly, a restrictive requirement by allowing just one re-presentment of a returned ACH payment. And it also extended the re-presentment limit to transactions not covered by the NACHA rule. So by my first question is, is there a disparity in that, that the NACHA rules shouldn't be applied to all lenders? Ms. Kraninger. Congressman, we were starting with the rulemaking we had in place. And so, the mandatory underwriting provisions were the ones that had the significant impact on the availability of credit, as well as the issues that we have been discussing here today. The insufficiency of the evidence and legal reasoning that underpin that part of the rule. So, that is where the reconsideration came into play. It was my judgment that the payments provisions, again, should, continue so that we can see how that is implemented. And as I said to Congressman McAdams, we can certainly look at what happens, and see if there are unintended effects to it. We did also put out some very clear guidance to try to stipulate what products are affected and what products are not. And I appreciate the point you are raising, the rulemaking that was promulgated, and that is the process that we engaged in. Mr. Kustoff. Let me ask it another way: Doesn't the final rule create more burdensome regulations for just some covered lenders? Ms. Kraninger. It does only affect certain lenders, that is very true. And that was certainly by design of the rule, and we will certainly take into account what impacts that has when that is able to be implemented. Mr. Kustoff. Okay. Are there plans to revise the payment provisions in the future, or is it your position you have to wait for 5 years? Ms. Kraninger. Congressman, I certainly respond to things that we see in the market. If we get evidence sooner that there is an issue that needs to be dealt with, I would certainly be happy to consider that. Mr. Kustoff. Thank you, Director. I was reading a report from Yahoo Money last week that talked about how 1 in 4 Americans with credit cards said that they had an account involuntarily shut down during the span of May to July. And, specifically, the article talked about those consumers with FICO scores between 550 and 700. I think that article said that that roughly covers about 60 million Americans. I think we all know that the credit card, for so many Americans, is not just a lifeline; it is a necessity. Are there any steps that the CFPB is taking--and, again, I am talking about, specifically, for those consumers in the 550 to 700 credit score range, so that they don't lose their credit cards due to the pandemic? Ms. Kraninger. Congressman, you raised an important issue. I am certainly aware of credit limit changes, and certain cards that don't have activity on them. But I was not aware of the article you just cited, so I am happy to take a look at it and see precisely what happened there and what action we should take. Mr. Kustoff. Thank you, Director. And with that, I yield back the remainder of my time. Chairwoman Waters. The gentlewoman from Virginia, Ms. Wexton, is recognized for 5 minutes. Ms. Wexton. Thank you. Thank you, Madam Chairwoman, and thank you, Director Kraninger, for joining us today. Director Kraninger, I did read your extended testimony, and in 14 pages, I saw just one reference to the Paycheck Protection Program, which I am sure is something that you all are very much involved in at this time. This is such a timely program and doing so much work here in our country. And you do have the role of supervising implementation of that program, do you not? Ms. Kraninger. Only a narrow slice of that, with respect to the Equal Credit Opportunity Act compliance by covered lenders. Ms. Wexton. Right. So you do have to manage and make sure that--you have to assess the compliance of lenders with fair lending laws, right? Ms. Kraninger. Yes. With ECOA, yes. Ms. Wexton. Are those assessments taking place, and what have you found out about Paycheck Protection Program loans? Ms. Kraninger. We are engaged in what we are calling prioritized assessments, so very targeted exams of entities with respect to what is happening right now, and we did include small business lending, ECOA compliance, as part of that effort, so we are engaged in that now. Ms. Wexton. Let me ask you, and if you need to, you can just ballpark it, what percentage of Paycheck Protection Program loans are to minority-owned small businesses? Ms. Kraninger. Congresswoman, off the top of my head, I don't know the answer to that question. I do know it is an area that, again, I am interested in generally, that the Administration has been interested in promoting, and we have done a lot of outreach to try to expand that availability. Ms. Wexton. So, I don't suppose you can ballpark what percentage of paycheck protection loans went to women-owned small businesses either? Ms. Kraninger. No, I cannot. Ms. Wexton. Okay. Well, an Inspector General report from May criticized the FDA for not requiring applicants to submit demographic data. I am sure you are aware of that. And my colleagues and I have repeatedly called on the SBA and Treasury to collect this information on loans or the loan forgiveness application and make it mandatory. But so far, it is only being collected on a voluntary basis. And that is concerning, because in my district, we performed an assessment of our own of those applications put out there in Virginia 10. And in my district, 95 percent did not provide the race or ethnicity data, and 83 percent did not provide gender ownership. So, Director Kraninger, it is probably a lot harder for you to do your job if you don't have the information, the demographic data to do your assessment with, is that correct? Ms. Kraninger. There were certainly other issues at play with trying to move quickly and get this program running, so I will say-- Ms. Wexton. I understand. I get that. Reclaiming my time. I understand that time was of the essence and everything, but it is hard for to you do your job if you don't have the data to do your assessment. I know you don't work for the SBA or Treasury--well, I guess a little bit for Treasury. But have you communicated with them about their decision not to require demographic data for collection of the Paycheck Protection Program on either the application or the forgiveness application? Ms. Kraninger. We have talked about the data that is available in terms of what the reach of the program has been and the extent, the number of small businesses that it has helped. We are continuing to look at how we can promote, again, access, which is the core of your question, and, certainly, the core of my interest in understanding them better. And that is part of why we engaged in prioritized assessment. Ms. Wexton. How are you going to know what kind of access has been provided when 95 percent of the people, at least in my district, aren't even answering the questions, so that makes it very difficult. Now, you are responsible for implementing Section 1071 of Dodd-Frank, right? Ms. Kraninger. Yes. Ms. Wexton. And that does require that lenders collectively maintain information about a loan application by women-owned, and minority-owned small businesses, and that requires the CFPB to collect and publish that information. Is that correct? Ms. Kraninger. Yes, that is correct. Ms. Wexton. But the Bureau, under your leadership, has slow-walked the implementation of this section, and in February of this year, you settled a lawsuit seeking to compel you to implement the law. Is that correct? Ms. Kraninger. No, that is actually false. I committed during my confirmation process that that was a statutorily required regulation, and I was committed to implementing it. And I actually announced that in the regulatory agenda prior to the filing of the lawsuit. Ms. Wexton. But you entered into a settlement that had court-ordered implementation deadlocks. Is that correct? Ms. Kraninger. That is correct. Ms. Wexton. And have you started the rulemaking process? Ms. Kraninger. Yes. We will issue a brief outline, which is a small business regulatory relief process outline by September 15th, and engage in that part of the regulatory process this fall. Ms. Wexton. And you commit to meet your deadlines under this section? Thank you. Ms. Kraninger. Yes, that is the only deadline at this time. Thank you. Chairwoman Waters. The gentleman from Indiana, Mr. Hollingsworth, is recognized for 5 minutes. Mr. Hollingsworth. Good afternoon, Director Kraninger, thank you for being here, and thank you for your continued work at the CFPB. I am sure at times today, a quarter of an inch of Plexiglass doesn't seem like enough protection. I wanted to step back and talk more generally for a second about some of the larger dynamics at play in our economy and certainly, at the CFPB as well. You recently published a blog post--or I should say, the CFPB generally published a blog post about the use of artificial intelligence (AI) and machine learning (ML) on increasing the financial protection laws. I wondered if you might venture into, do you intend to do more in this space? And if so, what might that look like? What are you trying to balance in terms of your next actions in that space? Ms. Kraninger. That is a great question. I think what we were seeking to do with the look that we have done at AI and ML and also, alternative data in underwriting is the recognition that there is a great opportunity there in terms of expansion of access, particularly for underbanked and unbanked individuals who have not been reached before, so taking that information into account. There is also some risk introduced in that process, again, understanding it. So, we are continuing to look at how lenders are approaching that, looking at what innovations they are bringing. Our innovation policies are an opportunity for them to engage with us, and look at either a sandbox policy or a no- action letter policy, to have a more robust conversation about that, and then have data from actual operations, by an actual lender or a creditor, to base any additional action on. We are certainly looking at it with respect to our supervisory activity, enforcement activity too, but I think, largely, it is making sure we have experts inside who understand how it works, understand how industry is seeking to apply it, and looking at how that is hopefully being beneficial to consumers and taking action where it is not. Mr. Hollingsworth. Yes. Director Kraninger, I think that is extremely well-said. There are tremendous opportunities. There are also limitations in the technology certainly, but tremendous opportunities to increase inclusion in the financial sector and empower Americans in our district, and in many other districts across the country, to be able to live better lives and achieve the American Dream. And I think you would agree with this, but to hear you say it, it sounded like you also said there are real costs to retarding innovation in this country, retarding financial inclusion in this country, to families, their lives, and their futures. Is that true? Ms. Kraninger. Yes. I do see that. Mr. Hollingsworth. And that is something that you will weigh as you continue to think about what that sandbox might look like, and how we increase, perhaps, the pace of innovation while also recognizing the safety that needs to go into place as well? Ms. Kraninger. Yes. Mr. Hollingsworth. Great. Second question, again generally, I know my friend across the aisle, Ms. Wexton, touched on prioritized assessments. I wondered if you might talk a little bit about what you have learned in some of that, about how our financial institutions have been able to serve their customers, help their customers, empower their customers, during the course of the last 4 months. Ms. Kraninger. Yes. That is certainly what I expect to find in the vast majority of the prioritized assessments, is precisely that, and understanding--getting, again, some more information about how that is going, what practices are successful for consumers, and what activities, or what challenges are those institutions facing in trying to help their customers. Mr. Hollingsworth. But I am sure-- Ms. Kraninger. We don't have much at the moment, but we are literally in the midst of it right now. Mr. Hollingsworth. Right. I am sure not all of their challenges are policy-related, but some of them may be policy- related, regulatory-related, to ensure that they have the flexibility to be able to serve those customers, not just during more ordinary times perhaps, more ordinary circumstances, but also the flexibility to address their customers' needs during extraordinary circumstances as well. So providing some of that latitude and flexibility, I imagine, will be an important learning point going forward, right? Ms. Kraninger. Yes. Definitely. Mr. Hollingsworth. Great. And then in addition to that, I wanted to ask about further coordination and some of these exams done by multiple agencies in making sure that a company or an institution is providing that information as few times as possible, and is disseminated as widely as possible, as needed--not overly disseminated by the way--within the reaches of the Federal Government. Ms. Kraninger. Yes. That is something that has been a focal point for me as the Chair of the Federal Financial Institutions Examination Council (FFIEC), where we are coming together and coordinating on exams. Despite the challenges of the pandemic and other priorities that do supersede this, we have a continued activity going on around common technology and common data collection and sharing. So that is still happening, and we are still looking to make some progress on that. Mr. Hollingsworth. Right. Obviously, institutions are rightfully concerned about the proliferation of hours that are being used in submitting to exams, which they are ready and willing to do, but they also want to make sure it is coordinated and done as efficiently as expected so that they can spend their time serving, helping, and empowering those customers. And with that, I will yield back. Chairwoman Waters. Thank you. The gentleman from Massachusetts, Mr. Lynch, is recognized for 5 minutes. Mr. Lynch. Thank you, Madam Chairwoman, for having this hearing, and thank you, Director Kraninger, for appearing and helping us with our work. Director, last week, the CFPB announced an Advance Notice of Proposed Rulemaking around Section 1033 of Dodd-Frank, which obviously deals with the consumer authorization of access to financial data and records. We recently had a hearing on this issue, and I am following up on Mr. Davidson's concerns. We recently had a hearing on this issue on the Financial Services FinTech Task Force, and the concerns were largely in two areas, and they were bipartisan. First of all, Members were concerned about the full spectrum gathering of data from consumers, and whether that happens from screen scraping, which you mentioned, or web scraping, content scraping, or whether it is telematics. Right now, through our cell phones and other technology, financial firms and others know everything about our lives, who we are with, where we travel, how fast we drive, and those tools can be used to discriminate. We have seen, in some instances, where individuals who live in a certain census tract were discriminated against because they lived in a low-income area, or in public housing. So, that was one concern about the use of that data and the practice of screen scraping in particular. The other issue was the consent form, the so-called consumer consent. And you have a 19-page consent form that basically, the application administrator requires you to sign off on this 19-page item that, even as an attorney, I had a difficult time understanding, and that is for regular consumers. So, two questions: First, where are we on screen scraping? You mentioned we are moving away from screen scraping in your earlier comments, but we have been moving away for over a year. We are just not moving that fast. And second, the issue of those consent forms, are you thinking in this rulemaking that you will address both of those aspects? And I would just love to get your insights and your thoughts on both of those issues. Thank you. Ms. Kraninger. Thank you, Congressman. I am glad you all had the opportunity to talk about that and take advantage of that ourselves. We had our symposium where these issues came up, and the purpose of the Advance Notice of Proposed Rulemaking is to really formalize that data-gathering and think about what might be needed in a rulemaking and what would make sense. But the two issues you raise are important ones certainly, one with respect to what kinds of data is actually available and how it gets used, and then, certainly, what consumers know about the data that they have permissioned and how it is going to be used. And the disclosure aspect of this, the consent process that you noted, is one that has been a concern to me since I have been in this position, and we are going to make some progress on trying to do better disclosures and give people the key information they need, rather than giving them legalese that they just end up checking the box on. So that is a huge, I think, concern on many fronts. Mr. Lynch. On screen scraping, you started to address that earlier, but you were cut off. Ms. Kraninger. Oh, yes. With respect to screen scraping, the ``we,'' of course, is the marketplace at this point in time. The Bureau certainly would intervene in a UDAP circumstance, or other compliance issue, but the market really is moving away from that. There have been a number of agreements on API means of sharing that are making progress, and some real deadlines from financial institutions in shifting on APIs, or shutting off access. I won't comment, frankly, on--there are issues with that, for sure, on both sides, but I do think there has been progress, actual progress, made to reduce the screen scraping, so that is in the marketplace generally. Mr. Lynch. And what about the length and complexity of these consent forms? Ms. Kraninger. That is a concern area. It is something that we will take feedback on and see what we can do about that, or what would require rulemaking, or what might be able to be addressed in other ways. But that is what the ANPR will do. Mr. Lynch. All right. Thank you, Madam Chairwoman. And thank you, Director Kraninger. Chairwoman Waters. Thank you. The gentleman from Ohio, Mr. Gonzalez, is recognized for 5 minutes. Mr. Gonzalez of Ohio. Thank you, Madam Chairwoman, and thank you, Director Kraninger, for being here today and for your continued service to the country. I applaud you and your staff for continuing to work on behalf of our country during the pandemic. It is not easy for anybody, and you all have performed well, so thank you for that. As you know, there is growing evidence that one of the best things regulators could do to expand credit access is to make it clear that lenders are allowed to use new underwriting techniques that leverage alternative kinds of data. Mr. Hollingsworth referenced this as well. Traditional credit scores are generally good predictors of risk for people who have high scores, but they don't work for people with little or no credit history, and don't work for many people who are creditworthy but have lower scores due to complex factors that the scoring process does not capture. Fintechs and some banks have been innovating in the use of non-score factors now that it is easy to capture new kinds of data that can be analyzed with techniques like machine learning. Research by the nonprofit FinRegLab and others supports the argument that these methods are predictive of risk. However, the industry, especially banks, has hesitated to adopt the methods because of concerns about regulatory criticism, and, especially, the potential to run afoul of the prohibition against unintentional discriminatory disparate impact. You and other regulators have issued joint encouragement that lenders consider these new methods, but have not yet offered clarity on how to do so in ways that regulators consider inside a green zone on disparate impact. First question, do you see this innovation as a high-impact way to expand credit access? I think the answer is yes. You sort of elaborated already, but just to say it again. Ms. Kraninger. Yes. Yes, I do. Mr. Gonzalez of Ohio. Great. And then, what plans are you currently working on to clarify the rules of the road to encourage faster adoption here? Ms. Kraninger. Congressman, I would point particularly to our innovation policies, having that opportunity to have engagement with an entity, understand the product, they have to provide the benefits that they see of the product to consumers, the risks that they see, the way they are mitigating those risks, and what regulatory issue is a barrier or is a challenge. And we can have that dialogue about that product and be very specific about the ability to move forward with that product with guardrails. So, that is certainly the top avenue. We are looking at what additional guidance would be useful. We have issued guidance on alternative data, we did on AI and ML use in underwriting, and I think we are very open to that in terms of the conversation. I did issue a request for information just 2 days ago on the Equal Credit Opportunity Act, and it did specifically ask about alternative data and other issues that might be posing challenges to entities, or where we think there might be opportunities. So, responses to that could lead to different action. Mr. Gonzalez of Ohio. Thank you. And is there anything that we can provide at the congressional level that would empower you even more to sort of help set up the guardrails here? And other regulators generally, yes. Ms. Kraninger. Congressman, I don't have anything at the moment that I would seek or suggest, but I appreciate the question, and I will certainly let you know if we do find something that would be useful. Mr. Gonzalez of Ohio. Okay, thank you. Because, I think, like a lot of my colleagues, one of my biggest fears coming out of this pandemic is--and you can just see this looking at what is happening in the markets--for very wealthy people or people in the upper-income scale, it is inconvenient but not financially devastating, certainly not. For people who are lower-income, especially minority communities, it's absolutely devastating, setting them back even further. And so, I see alternative data sources and different ways of expanding access to credit as one of the most important things we can do, because people are going to have to rebuild their lives, and we have to provide them with all of the opportunities necessary to do that. So I would encourage you to keep that work alive and to keep interacting with us if we can provide help, because people are going to need it. With that, I yield back. Chairwoman Waters. Thank you. The gentlewoman from North Carolina, Ms. Adams, is recognized for 5 minutes. Ms. Adams. Thank you, Chairwoman Waters, for convening today's hearing. Thank you, Director Kraninger, for being here. I wanted to ask a few questions regarding predatory debt settlement companies and the harmful settlement activities that are happening in my State, that are likely also happening across the country. In North Carolina, we have seen a rise in complaints about the practices of this industry, including misleading advertising, and high fees, particularly from the military and their families. I have gotten letters from high-ranking officials at Camp Lejeune and Fort Bragg in North Carolina, and from one of our largest credit unions, the State Employees Credit Union. So, yes or no, have you heard of a company called Freedom Debt Relief, or Freedom Financial Network? Ms. Kraninger. I have not heard of those companies specifically, Congresswoman. Ms. Adams. Okay. So you are not aware, then, of their business model or predatory practices, if you are not familiar [inaudible]. It is one of the largest-- Ms. Kraninger. I will say that the concerning practices by some debt settlement companies is definitely something that I am aware of, and we have engaged in enforcement actions, I believe, with the State of North Carolina, with the attorney general of North Carolina. I believe he was a party to that, to one of those cases. So there are concerning practices happening there, and we are taking enforcement action. Ms. Adams. Thank you, but the CFPB, under Mr. Mulvaney, brought an action against Freedom Debt Relief, and secured about $20 million in restitution and $5 million in damages, for violating the law by charging customers or consumers without settling their debts as promised. But are you aware that the CFPB entered a consent order with Freedom Financial Service after the agency filed this complaint? Ms. Kraninger. Congresswoman, I do apologize that I don't remember that particular case, but I stipulate that you are probably right. Ms. Adams. Okay. Let me ask you, do you believe that it helps consumers when debt settlement companies encourage customer borrowers to deliberately default on credit card debt? Do you think that helps consumers when they do that? Yes or no? Ms. Kraninger. No. There are many concerning practices in the debt settlement space, there is no doubt. We are certainly paying very close attention to that and taking action. They cannot accept fees when they have not actually provided the results, and there is a requirement to actually do that several months after the outcome they promised has been delivered. Ms. Adams. Okay. In this time of COVID, with an economy that is hurting, it is very likely that our constituents will find themselves saddled with more debt. So I want to know what you and the CFPB will do to protect American consumers and our military from being misled by false promises and high-pressure sales tactics from the for-profit debt settlement industry, because they are really leaning hard on these folks? Ms. Kraninger. I agree with you, it is a concerning area. I can say we are also working with the Department of Defense. In addition to all of our enforcement actions, we are working to make sure we get information to those military personnel, and to consumers generally, about being cautious in the debt settlement space, and frankly pointing them also to nonprofit entities where they would get the support that they may need. Ms. Adams. Let me ask you, in terms of smaller lenders, they are probably finding it more difficult to compete in this kind of environment. Several industry groups and consumer advocate organizations have also expressed concern that a pricing-based definition could result in a race to the bottom. Based on the Bureau's own recognition that pricing can be manipulated, the proposed qualified mortgage standard does not appear to be an effective measure of a borrower's ability to repay. So how would you ensure that a pricing-based qualified mortgage does not incentivize irresponsible mortgage lending similar to what we witnessed in the lead-up to the 2008 financial crisis? Ms. Kraninger. Congresswoman, I appreciate the question. It is an important one. The statutory features that are precluded from being part of a qualified mortgage, that continues. In addition, a requirement to actually consider and verify debt and income is part of the law. Ms. Adams. Okay. Thank you very much. I yield back, Madam Chairwoman. Chairwoman Waters. Thank you. The gentleman from Tennessee, Mr. Rose, is recognized for 5 minutes. Mr. Rose. Thank you, Chairwoman Waters and Ranking Member McHenry, for holding this hearing, and thank you, Director Kraninger, for appearing before us today. I would like to jump right into the CFPB's recently finalized small-dollar lending rule. The Bureau has previously acknowledged the key role that small-dollar loans can play in helping consumers meet credit needs, usually resulting from unexpected expenses. At the beginning of this month, the Bureau took a step in the right direction by rescinding the mandatory underwriting provisions of the Obama-era small-dollar lending rule. However, like several of my colleagues, I am very disappointed that the CFPB chose to leave the payment provisions of the original rule intact. Much like the ability- to-repay provisions, the Bureau's own evidence didn't support its payment practices provisions. They were flawed, and based on unsupported data. It also imposes onerous requirements that could make it all but impossible for consumers to use recurring payments. I want to get a real answer to this question, Director Kraninger. Please explain to me why you kept this particular provision in place, choosing to enforce an Obama-era rule requiring overly burdensome compliance? Ms. Kraninger. Congressman, I recognize that that is an important issue for you. It has been raised by many Members. First and foremost, it was the reconsideration of the mandatory underwriting provisions that really were the focal point, given the dramatic impact that that would have on the availability of credit in this space. So, that was the priority. With respect to the payments provisions, it was also a recognition that there is some consumer protection in there with respect to certain products. I recognize there were also concerns about how broad this may be applying, and we did issue additional guidance when we issued the final rule that laid out the types of products that are covered, and are not covered under this rule, to try to address some of those issues. And the last thing I would say, that I have not mentioned earlier, is that we are still in litigation over these provisions, so that is still ongoing. Mr. Rose. Since we last spoke about this, I know you were looking again at this provision. However, it remained in the final rule published on July 7th. How long will the lenders be given to comply with this payment provision? Ms. Kraninger. Because of the litigation, the rule is still stayed. The Bureau is seeking to propose to the court that it lift it after a reasonable period of time. Since we have not done that filing, I can't tell you here what the reasonable period of time is, but that would be my intention, and that filing should happen relatively soon. So, we can answer that question for you relatively soon. Mr. Rose. So once that filing occurs, would you expect it to be 60 days from that time? Ms. Kraninger. I am looking at a reasonable period of time, and I can't tell you right now precisely what that will be, but we will get back to you. Mr. Rose. Keeping this provision in place will cause, in my view, an undue compliance burden on financial institutions and payment processors. Ultimately, the end result will be that responsible lenders, unable to manage and mitigate the risk, will choose to de-risk and quit, or not form relationships with companies offering covered loans, increasing the cost of these products to the consumers who need them. This will also drive the small-dollar lending market back to the storefront payday lenders, putting us in the position of picking winners and losers. Moving forward, I believe it is crucial that we maintain consistent payment system rules, which are grounded in associated laws and regulations, and I urge you and the CFPB to revisit this finalized rule, and roll back the payment provisions created by the 2017 small-dollar lending rule. In my remaining time, I want to just turn to another issue. Back in January 2017, under Director Cordray, the CFPB filed a suit in Federal court, alleging that hundreds of thousands of student loan borrowers have been harmed by steering borrowers away from income-driven repayment, and toward costlier options. In nearly 4 years, how many borrowers have been proven to have been steered? Ms. Kraninger. Congressman, that is ongoing litigation, and obviously in the midst of discovery and other parts of that process there, so I can't answer that question for you, but I understand why it is important. Mr. Rose. I am very concerned that this ongoing litigation that you describe, without discovering any evidence, is a bad use of taxpayers' dollars. And I am concerned that the CFPB is dragging out cases like this, in search of a problem, in order to justify the costs that have already been incurred. I hope this practice does not continue. With that, Madam Chairwoman, I yield back. Chairwoman Waters. Thank you. The gentleman from Illinois, Mr. Garcia, is recognized for 5 minutes. Mr. Garcia of Illinois. Thank you, Madam Chairwoman, and Ranking Member McHenry, for convening this hearing, and thank you, Director Kraninger, for joining us today. Congress passed Dodd-Frank and authorized the Consumer Financial Protection Bureau 10 years ago this month. In 2010, our country faced high unemployment, and millions of people lost their homes to eviction and foreclosures. My community was hit hard by the last financial crisis, and many people never recovered. And now, the COVID-19 crisis has left my constituents piled with housing debt, medical debt, and credit card debt, and who knows when they will get back on their feet to pay it off. That is why the CFPB was established during the last crisis, to give ordinary people, like my neighbors in Chicago, their own voice against big banks, against mortgage lenders, and against debt collectors. But that is not what we see from watching the Bureau today. During a nationwide pandemic, when we have no idea when jobs can come back, and consumers have no idea how they are going to pay off their debt, the CFPB has been working for industry instead of the public. Gutting the payday lending rule earlier this month is a scary example. I represent a working-class immigrant district. There are a lot of payday lenders in my district, as lobbyists always like to point out. The CFPB's new rule eliminated the requirement that lenders ensure that the borrowers can pay the loan back. This means that a lender can now make a loan when they know that a borrower cannot pay it back. Director Kraninger, do you think that a lender should make a loan to a customer if they know that they cannot pay it back? Ms. Kraninger. Congressman, the mandatory underwriting provisions of the small-dollar rule have not-- Mr. Garcia of Illinois. Can you give me a yes or no answer, Director? Ms. Kraninger. I will just say, the small-dollar space is a little bit different, and that ability to-- Mr. Garcia of Illinois. Should they make such a loan if they know that it can't be paid back? Ms. Kraninger. Congressman, I appreciate the principle-- Mr. Garcia of Illinois. Okay, you won't answer that. Are you worried about trapping customers in a cycle of debt that they aren't able to repay? Ms. Kraninger. Congressman, again, I appreciate the principle you are trying to establish. This is a complex area-- Mr. Garcia of Illinois. Are you concerned about that? Ms. Kraninger. I absolutely want to make sure that consumers understand the products that they are engaged-- Mr. Garcia of Illinois. Are you concerned about it? Ms. Kraninger. I want consumers to understand the products that they are-- Mr. Garcia of Illinois. Maybe? Or not. Let's move on, if you don't want to answer those two questions. The Military Lending Act protects our servicemembers from getting trapped in a cycle of debt by setting a 36 percent interest rate cap on their consumer finance products. I introduced the bipartisan Veterans and Consumers Fair Credit Act to extend the cap to all consumers, so that all of my constituents can enjoy that protection. Do you support the 36 percent interest rate cap currently in effect under the Military Lending Act? Ms. Kraninger. It is current law, Congressman, so that is-- Mr. Garcia of Illinois. Do you support it? Ms. Kraninger. I don't have a role in examining that, but certainly, we enforce it. Mr. Garcia of Illinois. Do you think that the rate cap helps servicemembers avoid being trapped in a cycle of debt? Ms. Kraninger. Congressman, I believe that Congress put that in place for a reason that is outlined in the-- Mr. Garcia of Illinois. Do you think it helps them? Your opinion, not Congress'? Undecided. Okay, my last one. Director, some of my colleagues across the aisle seem to be mistaken about the recent Supreme Court decision in Seila Law v. CFPB. I want to clarify that the Supreme Court did not rule that the CFPB itself was unconstitutional, but that only the requirements needed to remove the Director were unconstitutional. So my question is, does this case, in any way, limit your authority or ability to protect consumers moving forward? Ms. Kraninger. I continue to carry out what the Dodd-Frank Act empowered me to carry out, which is protecting consumers. So I think at this point, I would say no. Mr. Garcia of Illinois. Okay, thank you. I yield back the rest of my time, Madam Chairwoman. Chairwoman Waters. The gentleman from West Virginia, Mr. Mooney, is recognized for 5 minutes. Mr. Mooney. Thank you, Madam Chairwoman. So for preface, I am not a lawyer myself, but a lot of businesses and individuals have needed good lawyers when they need to exercise their legal rights. And in many cases, that is when money is owed to them. They loaned money in a fair contract, it is owed back to them, and it is not getting paid back, which prevents the lender from paying their bills, employing more people, and putting food on their table. So for hundreds of years, attorneys have been regulated and disciplined, primarily by State supreme courts that license them, and by the State court judges, not by the Federal agencies. I fear that the proposed rule change from the CFPB on debt collection could jeopardize this norm. The CFPB's safe harbor proposal to codify the meaningful attorney involvement doctrine is intended to clarify regulation for creditor attorneys, but I fear it would do exactly the opposite. The meaningful attorney involvement doctrine appears nowhere in the Fair Debt Collection Practices Act or the Dodd- Frank Act. The concept has gone far beyond the statute, and creates uncertainty and confusion over the rules regulating attorneys. So Director Kraninger, I fear that the CFPB's proposed safe harbor rule, for meaningful attorney involvement in debt collection, could lead to a codification of meaningful attorney involvement doctrine, bringing further uncertainty. The American Bar Association and the National Creditors Bar Association have both stated their opposition to the safe harbor provision in this rule. Would you be open to reconsidering the proposed safe harbor rule for meaningful attorney involvement? Ms. Kraninger. It is a proposed rule, Congressman. I actually had not heard of those organizations' opposition, but I imagine that I will hear it soon because we are going through all of the comments now. We did get thousands of comments on this rulemaking, and as it comes forward to me, in terms of recommendations and decisions, I absolutely will take those comments into account. Mr. Mooney. Thank you for that. Since the founding of our country, up until the CFPB was created, the legal process has worked well. People may not always get the results they want, but they have legal representation, and they have a fair hearing. And it is regulated by the courts, and if you do something wrong, you get disbarred. We have all heard of lawyers who have been unethical and gotten disbarred. They have a working process. If it ain't broke, don't fix it. So, I am glad to hear that you want to do that. I had a bipartisan bill I introduced myself last Congress called the Practice of Law Technical Clarification Act, which would have amended the fair debt collection practice to exclude law firms and licensed attorneys engaged in litigation, from the definition of debt collectors. Had it passed, it would have made absolutely clear that licensed attorneys are regulated by the courts, not Federal regulatory bodies. But thank you for your answers. And Madam Chairwoman, I yield back the balance of my time. Chairwoman Waters. Thank you. The gentlewoman from Texas, Ms. Garcia, is recognized for 5 minutes. Ms. Garcia of Texas. Thank you, Madam Chairwoman, and thank you for being with us today, Director. I know it has been a long day, but we are down to the final stretch. First, I want to thank you. I want to thank you because back in March of last year when you first came by, I mentioned to you my concerns about protecting those with limited English proficiency. That is a real concern in my district, which is predominantly Latino, about 77 percent, and I have seen your Spanish- language, COVID-related outreach, and I really do appreciate that, so thank you. However, there is so much more work to be done, not just in outreach, but in enforcement. You mentioned this issue in your oral testimony, but it is not mentioned in your written testimony, and only once in the agency's Spring report. I would like the agency to devote additional resources in this area. How is your agency working to target unfair practices that target the limited English proficiency community? Ms. Kraninger. Thank you, Congresswoman, for that question, and we have a lot of sources for the enforcement actions that we take. Certainly, whistleblowers come forward. We use the complaints, so encouraging communities--and we have many communities we still need to continue to reach so they know about us, but when they do submit complaints, we take those seriously. We look for any patterns or practices. We go in and do examinations based on that or go straight to an enforcement action. So, there are a lot of ways-- Ms. Garcia of Texas. How many times have you gone to an enforcement action? Ms. Kraninger. We have hundreds of ongoing investigations and many other-- Ms. Garcia of Texas. No, but how many times have you taken an enforcement action? Ms. Kraninger. There are 40 public enforcement actions that I have taken in my term to date. Ms. Garcia of Texas. And how many of those were based on any targeting of unfair practices against limited English proficiency (LEP) consumers? Ms. Kraninger. I will admit to you that I do not recall there being an LEP nexus to these cases, but that doesn't mean we don't have other work that we are doing in that area. Ms. Garcia of Texas. Okay. Can I hear from you a commitment to be more vigilant about that? Ms. Kraninger. Yes, Congresswoman. I would pledge, too, if there are particular entities that your constituents are interacting with, where you have heard about issues, raise them to us, and we would be happy to take that into account, too. Ms. Garcia of Texas. I am going to switch topics now. I am tremendously upset--tremendously upset--by your agency's recent action to allow payday lenders to continue to prey on those most in need. You have testified that the previous rule would have reduced access to credit by 70 percent, and that is why you changed this rule, correct? Ms. Kraninger. Yes. That is certainly one reason. Ms. Garcia of Texas. Okay. But what I don't think you understand is that payday loans aren't credit. They are chains of debt. A cycle of debt entraps--as some of my colleagues have described, they are tools that extract wealth from the most vulnerable. This isn't just my opinion; this is something we all know to be true. That is why Congress enacted the Military Lending Act nearly 15 years ago, to protect our servicemembers from being trapped in a cycle of debt. It was such a concern that the Department of Defense was beginning to see the impact to military readiness. Mr. McHenry calls these products a lifeline, and that is what people are looking for when they seek out a payday loan. They are seeking a lifeline, but instead, they are being thrown an anchor by these predatory companies. If the military felt that these institutions were degrading the readiness of our military personnel, imagine what these predators are doing to the very fabric of our society. Predatory payday lenders extract wealth from poor and minority communities. They perpetrate the racial wealth gap. They are part of a system that has let inequity grow and wealth accumulate to the very few, while leaving those in my community struggling just to maintain. I have always said that payday lenders just make poor people poorer. I am afraid that your actions have made you an enabler, and I am just really distressed and concerned that you have taken that recent action. Finally, one last topic, I want to talk about the stimulus checks. This spring, Treasury sent out about 159 million checks. That is a lot of people. There was a lot of concern about some of the calls our constituents were getting, people saying, ``Hey, we can get you the check, but there is going to be a fee. We are going to take 10 percent.'' Knowing that there has been some fraud and some issues with stimulus checks, and knowing that we are looking at another round through this relief package, what are you doing to help prevent some of these scams from recurring? Ms. Kraninger. Congresswoman, that is an important question. I know we are limited here. We are already talking to Treasury about that, and we were with them from day one, trying to figure out, as soon as they made a policy decision about how to distribute the funds, how do we communicate that and reach people? Ms. Garcia of Texas. Thank you, and I yield back. Chairwoman Waters. The gentleman from Wisconsin, Mr. Steil, is recognized for 5 minutes. Mr. Steil. Thank you very much, Chairwoman, and thank you, Director, for being with us today. As several Members have mentioned, the Supreme Court finally confirmed what many of us have been arguing for years, that the leadership structure at the CFPB was unconstitutional, and to me, that is just one of the structural problems with the agency that was seemingly built to be unaccountable. That is not a comment to you. That is a comment to us in the House of Representatives, and in the United States Senate, who structured it to be that way, to be unaccountable. And one of my big frustrations is that the Bureau is set up to be regulated and to put forward regulation by enforcement, rather than allow the regulations to be developed here in this committee, in the House of Representatives, and the Senate, where I think it would be far better suited rather than an unaccountable agency, where I think there can often be disastrous consequences. Neither Republicans nor Democrats can do anything about it if we feel that the Bureau is overstepping its bounds. I have made this offer before, and I am going to make it again, I am willing to work with anybody on this committee, regardless of party, to do meaningful reform to the structure of the CFPB. I think the Bureau needs to have a leadership structure that respects the principles of our Constitution. I think it needs to be tied to the appropriations process and truly be accountable to the people and to Congress. Consumer protection is a vitally important issue, and we should be working together to make sure that the Bureau is lawful, built to protect consumers, and to respond to the concerns of the American people. And so, I call on our colleagues to get to work. Now, I would like to chat with you. Director Kraninger. I spent some time reading through your budget. In trying to parse this out--and you were asked earlier by my colleague from Minnesota on your litigation cost, but I think--and I understand you are not--and I am not asking you to speak to any specific piece of litigation, but trying to just get some clarity into the structure of your budget. In going through it, you had about $112 million--in Fiscal Year 2020, about $112 million in what I viewed as salary: $47 million in benefits; and $107 million in what was labeled as other contractual services. I'm unclear if that might be additional litigation expenses. I am wondering if you can provide some level of clarity to me and to my colleagues here on this committee as to what, broadly speaking, your litigation expenses may be across-the- board? Ms. Kraninger. We certainly can, and we can get back to you on that. There are contractual costs associated with litigation, as I was saying, with document production and sometimes data analysis efforts, in getting depositions and all of those kinds of things involved, generally speaking, some contract support. So off the top of my head, I don't have it, but we can get back to you on it. Mr. Steil. I think it is an important number, and as you go forward and put forward these documents, I think it is helpful to the committee to get a broader understanding of what the vast majority of the spending is inside the CFPB and what portion of that is in litigation. The reason I am concerned is, I think it is a really poor way to go about policymaking, when it is done through litigation and enforcement. I think we are far better off at policymaking here at this committee through a deliberative process where the people are represented through their elected representatives, rather than an unelected agency through litigation. That's not a comment to you, but a comment really to how this agency was structured, I think, to set up potentially disastrous consequences in the future. I appreciate you coming back with some additional details on the litigation costs. Let me shift gears. I am also very concerned during the coronavirus, in particular, about bad actors. In the ongoing pandemic, there are criminals taking this as an opportunity to take advantage of American consumers, and so, I have introduced bills to increase penalties on these types of criminals. Can you comment on what the CFPB has done to ensure that consumers of financial products are protected during some of the most challenging of times? Ms. Kraninger. Absolutely. We are in partnership with the Department of Justice, the FTC, and all of the prudential regulators, and State attorneys general, talking regularly about fraud schemes that we see, and who is handling them. There are certainly a lot of things happening in the healthcare space. We have seen admittedly slightly less in the financial products space. And I will say that the financial institutions are a huge help in that as well because they are keeping their eyes open, consumers advocates are keeping their eyes open, but the minute we hear about anything, we are investigating and moving on it. So, that is an ongoing vigilance, as well as making sure that we get good information to consumers so they are aware of it, so that it is front and center for them. Mr. Steil. Thank you very much. I appreciate your leadership in this regard, and I yield back. Chairwoman Waters. Thank you. The gentleman from Virginia, Mr. Riggleman, is recognized for 5 minutes. Mr. Riggleman. Thank you, Madam Chairwoman, and thank you, Director, for being here today. I would like to start by thanking you for your continued efforts to make the Consumer Financial Protection Bureau more accountable and transparent, and for many actions the Bureau has taken since your appearance in February. I also, going near the end, get some advantages to being near the end of these, and I would like to know, the challenges that you had, one of my colleagues talked about the number of complaints that you have had and the increase in those complaints from March until now. And I know you have also had to work under the same structure of CDC guidelines and COVID issues also. Is that correct, ma'am? Ms. Kraninger. Yes. We take that seriously. Mr. Riggleman. And obviously, the challenges have been pretty huge with your workforce, right, for either teleworking and things like that. You all have had to actually sort of navigate all the same challenges that other workforce people have done. Is that correct? Ms. Kraninger. Yes, it is. Mr. Riggleman. So I think you understand your civic responsibility, and I want to thank you for all those challenges and the amazing number--I know data and I know volume, and the fact that you are getting back to people in 9 days, I think is commendable. And there is a difference between receiving the information and responding to it and doing an investigatory action, which I had to do when I had to process requests for information in intelligence analysis, so I appreciate that. I also want to talk about Section 1033, and I know you announced an intent to issue an ANPR on consumer authorized access to financial records later in the year, and I know we have heard that. So again, the benefit of going later--I don't know if anybody knows how long Section 1033 is, and I know all of us have probably read it, but Section 1033 is only 335 words. I don't know if people have looked at Section 1033, and about 10 years ago, it would be the same with me. And I don't know if people have seen 1033 and what it is dictating, and what you have to do in that rulemaking. There are some challenges I don't think people really realize, even like somebody handing me a piece of paper that is 335 words, and it pretty much says, ``Hey, Denver, don't worry, you have a couple of years to make a missile to go between mach 5 and mach 25, it has to reentry from space, and it has to hit a target with 10 meters, go ahead, you can do this.'' And that is pretty much how many words you have in Section 1033. Here are some of the challenges that I think the CFPB is going to have, and I have been writing these down. You are really talking about aggregated or interconnected banking. You are talking about a critical path checklist that is huge for 1033 on rulemaking. You are talking about the legal issues people have to deal with--data transfer issues, universal API middle ware challenges, data translation, cloud utilization or not, policy on authorizations, interconnected banking like we talked about, and how people actually stress test interconnected banking with that volume of data. You are talking about data-volume issues because of that, and then you are talking about access to consumers, or aggregators, or consumer agents. That is just part of the critical path checklist that you have to worry about during your critical path checklist bill and when you are making rulemaking. Is that correct? Ms. Kraninger. Yes, that is the case. And I would always say, the distinction, of course, is that you have an end user who actually is building that missile. This is a distributed system. I am not the builder of this system. Mr. Riggleman. And that is why I found it so interesting, the challenges that you have not being the builder of the system, but somehow, being identified as the one responsible for that entire system, based on Dodd-Frank and the rulemaking that you worry about on 1033. And I have seen some of the talent that you sort of array around you, and I am really impressed with that. But this is the question I want to get at. Do you see the CFPB, even with you not building something--and I would never ask that or never even infer that--do you see yourself almost as the lead system integrator for this, or do you see when you do this rulemaking that you are just going to have a threshold that these private entities have to actually answer to, or bill to, or do you see it actually putting out specific rule sets or specific ways of actually approaching this technology, and you are going to be the final arbiter on that? Ms. Kraninger. You have definitely laid out a lot of challenges of this. I would say that we are really just taking a tiptoe in this direction with that Advance Notice of Proposed Rulemaking. We are not necessarily committing to do a rulemaking, because there are some who would argue that Section 1033 and its 335 words is self-effectuating. But trying to put some parameters around this, and at least have a conversation around these complicated issues is what we are looking to facilitate. Mr. Riggleman. Even when you look at Dodd-Frank, when it came back over a decade ago, we have gone from things like relational databases to graph analytic databases, and the ability to parse data on a level we have never seen before, right, FinCEN, looking at different types of aggregators all across the financial sector? I think that is why it is such a challenge, and why I wanted to just express to you that I appreciate what you have done during the COVID pandemic, but I also hope people understand the challenge of rulemaking at this level, with the amount of technology that sort of presented before the CFPB, but also for those certain banks to actually do this. I think I would love to have seen, if I was here when that was made--I don't see where there is a technical solution for all of this embedded within Dodd-Frank. So, I appreciate the efforts that you have made. The next question would take 17 minutes to answer, so I am not going to ask it. I appreciate your time, and Madam Chairwoman, I yield back. Chairwoman Waters. Thank you. The gentleman from Texas, Mr. Taylor, is recognized for 5 minutes. Mr. Taylor. Thank you, Madam Chairwoman. I appreciate this hearing and this opportunity. And Director Kraninger, I appreciate you being here. I grew up legislatively in the Texas Senate with my colleague from Texas, Ms. Garcia, and I am used to a, perhaps, more professional environment, where when you are asked a question, you allow the person to answer it, rather than cutting them off and then accusing them of refusing to answer. Is there anything you wanted to add? I noticed you were cut off a couple of times since I have been here, and maybe there is some question you wanted to answer that--I will just yield you some time to answer a question. Ms. Kraninger. Thank you, Congressman, I do appreciate that. I would say we fulsomely have been able to cover some of these things along the way. I know there is a lot of interest certainly in the qualified mortgage effort that deserves some more conversation. Given that it is a proposed rule, though, we have time for that. We expect to get comments on it. But just noting that the Act requires debt and income to be considered and verified. We believe that under a rulemaking, there has to be a standard for that, that the CFPB would allow to be used, and so that is what we are trying to promote that. That is where the core ability to repay comes into play. Linking that, then, to the pricing threshold that we are proposing, it really is about a more holistic view than just DTI itself as that ratio that is a hard cap right now under the current rule. So at any rate, there is time on that particular topic to continue the conversation. Mr. Taylor. Thank you for answering that, and it is, again, frustrating to watch people not have the respect and give you the time to answer the question they are asking. Something that has come up repeatedly in this hearing is the recent Supreme Court ruling. I know you have had a chance to think about it, and I have had a chance to listen to some of my colleagues and some of your responses. But if you were to give us what we are supposed to do from here, it seems like we need to change some things in statute. Could you speak to that? What changes would you recommend, or what kind of direction should we start to go in hunting around to get the agency in constitutional compliance? Ms. Kraninger. I will tell you, Congressman, the decision with respect to, of course, the removal of the Director and the President's ability to do that, that is certainly the starting point for the conversation. I know that is, for some, the way the organization was created, and then there becomes some questions about other changes that Congress might want to contemplate. And so, I have respectfully declined to opine about precisely what those structural changes or proposals should look like, but I certainly stand ready to provide anything, as a process goes forward on that, that we can provide, and should something be enacted, I also obviously stand ready to help implement that. Mr. Taylor. Yes. I certainly hope, at a bare minimum, that Congress would take action to fix this. And I guess, one of my frustrations with this institution is its inability to act, and to see simple, straightforward legislative solutions go through, that I hope we could all agree that your agency should be constitutional, and that we would take some actions, and I hope that we could do that on a bipartisan basis. I don't think it is terribly difficult to say, Okay, let's let the President appoint and relieve the Director of the CFPB, which I think is--my understanding is that would basically bring you in constitutional compliance. Is that directionally correct? Ms. Kraninger. The decision essentially did that. The question then becomes if there are other changes that the Congress would want to see made. Mr. Taylor. Okay. And so, I look forward to working to try to make this institution functional, to actually be able to issue legislation so that it doesn't have to feel like we are so impotent that we must create eight new agencies that are then non-accountable to the institution. I know, again, in my time in the Texas legislature, we were powerful in that we could actually pass common-sense legislation. We could bring agencies to heel because we could actually wield legislation. That legislature would pass between 1,000 and 1,500 bills in a 20-week session. Here, we are passing about 50 or 100 bills a year. So, the volume of production is just so much lower, and, therefore, the power that it wields is consequently reduced. And enough of my pontificating on that. I yield back. Chairwoman Waters. Thank you. And I would like to thank Director Kraninger for her time today. This may be her last presentation before this committee. Before we adjourn, I have statements for the record, and without objection, the statements will be made a part of the record. The Chair notes that some Members may have additional questions for this witness, 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 this witness and to place her 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. This hearing is now adjourned [Whereupon, at 4:45 p.m., the hearing was adjourned.] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]