[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] LICENSE TO BANK: EXAMINING THE LEGAL FRAMEWORK GOVERNING WHO CAN LEND AND PROCESS PAYMENTS IN THE FINTECH AGE ======================================================================= VIRTUAL HEARING BEFORE THE TASK FORCE ON FINANCIAL TECHNOLOGY OF THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS SECOND SESSION __________ SEPTEMBER 29, 2020 __________ Printed for the use of the Committee on Financial Services Serial No. 116-112 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] ______ U.S. GOVERNMENT PUBLISHING OFFICE 43-526 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 FRANK D. LUCAS, Oklahoma WM. LACY CLAY, Missouri BILL POSEY, Florida DAVID SCOTT, Georgia BLAINE LUETKEMEYER, Missouri AL GREEN, Texas BILL HUIZENGA, Michigan EMANUEL CLEAVER, Missouri STEVE STIVERS, Ohio ED PERLMUTTER, Colorado ANDY BARR, Kentucky JIM A. HIMES, Connecticut SCOTT TIPTON, Colorado BILL FOSTER, Illinois ROGER WILLIAMS, Texas JOYCE BEATTY, Ohio FRENCH HILL, Arkansas DENNY HECK, Washington TOM EMMER, Minnesota JUAN VARGAS, California LEE M. ZELDIN, New York JOSH GOTTHEIMER, New Jersey BARRY LOUDERMILK, Georgia VICENTE GONZALEZ, Texas ALEXANDER X. MOONEY, West Virginia AL LAWSON, Florida WARREN DAVIDSON, Ohio MICHAEL SAN NICOLAS, Guam TED BUDD, North Carolina RASHIDA TLAIB, Michigan DAVID KUSTOFF, Tennessee KATIE PORTER, California TREY HOLLINGSWORTH, Indiana CINDY AXNE, Iowa ANTHONY GONZALEZ, Ohio SEAN CASTEN, Illinois JOHN ROSE, Tennessee AYANNA PRESSLEY, Massachusetts BRYAN STEIL, Wisconsin BEN McADAMS, Utah LANCE GOODEN, Texas ALEXANDRIA OCASIO-CORTEZ, New York DENVER RIGGLEMAN, Virginia JENNIFER WEXTON, Virginia WILLIAM TIMMONS, South Carolina STEPHEN F. LYNCH, Massachusetts VAN TAYLOR, Texas TULSI GABBARD, Hawaii ALMA ADAMS, North Carolina MADELEINE DEAN, Pennsylvania JESUS ``CHUY'' GARCIA, Illinois SYLVIA GARCIA, Texas DEAN PHILLIPS, Minnesota Charla Ouertatani, Staff Director TASK FORCE ON FINANCIAL TECHNOLOGY STEPHEN F. LYNCH, Massachusetts, Chairman DAVID SCOTT, Georgia TOM EMMER, Minnesota, Ranking JOSH GOTTHEIMER, New Jersey Member AL LAWSON, Florida BLAINE LUETKEMEYER, Missouri CINDY AXNE, Iowa FRENCH HILL, Arkansas BEN McADAMS, Utah WARREN DAVIDSON, Ohio JENNIFER WEXTON, Virginia BRYAN STEIL, Wisconsin RASHIDA TLAIB, Michigan C O N T E N T S ---------- Page Hearing held on: September 29, 2020........................................... 1 Appendix: September 29, 2020........................................... 25 WITNESSES Tuesday, September 29, 2020 Carrillo, Raul, Policy Counsel, Demand Progress Education Fund; and Fellow, Americans for Financial Reform Education Fund...... 5 Knight, Brian, Director, Innovation and Governance Program, Mercatus Center................................................ 11 Sands, Everett K., Chief Executive Officer, Lendistry............ 7 Wilmarth, Arthur E., Jr., Professor Emeritus of Law, George Washington University Law School............................... 9 APPENDIX Prepared statements: McHenry, Hon. Patrick........................................ 26 Carrillo, Raul,.............................................. 28 Knight, Brian,............................................... 54 Sands, Everett K............................................. 150 Wilmarth, Arthur E., Jr...................................... 159 Additional Material Submitted for the Record Lynch, Hon. Steven: Written statement of the American Bankers Association (ABA).. 210 Joint written statement of ABA, BPI, and ICBA................ 217 Written statement of the Center for Responsible Lending (CRL) 220 Written statement of the Conference of State Banking Supervisors (CSBS)......................................... 272 Written statement of the Credit Union National Association (CUNA)..................................................... 282 Written statement of the Department of Financial Institutions of the State of Utah....................................... 284 Written statement of the Electronic Transactions Association (ETA)...................................................... 291 Written statement of the Independent Community Bankers of America (ICBA)............................................. 294 Written statement of the National Association of Federally- Insured Credit Unions (NAFCU).............................. 298 Joint written statement of the National Association of Industrial Bankers and the Utah Bankers Association........ 302 Written statement of Varo Money, Inc......................... 306 LICENSE TO BANK: EXAMINING THE LEGAL FRAMEWORK GOVERNING WHO CAN LEND AND PROCESS PAYMENTS IN THE FINTECH AGE ---------- Tuesday, September 29, 2020 U.S. House of Representatives, Task Force on Financial Technology, Committee on Financial Services, Washington, D.C. The task force met, pursuant to notice, at 12:15 p.m., via Webex, Hon. Stephen F. Lynch [chairman of the task force] presiding. Members present: Representatives Lynch, Gottheimer, Axne, Tlaib; Emmer, Hill, Davidson, and Steil. Chairman Lynch. Welcome, everyone. It's great to have our witnesses with us, and also the Members. And thank you to our staff, Petrina and Clement and the rest of the staff, for setting this up. We really do appreciate it. We have just a few housekeeping measures that I have to go through here for a minute before we get to the actual hearing. The Task Force on Financial Technology will come to order. Without objection, the Chair is authorized to declare a recess of the task force at any time. Also, without objection, members of the full Financial Services Committee who are not members of this task force are authorized to participate in today's hearing. Members are reminded to keep their video function on at all times, even when they are not being recognized by the Chair. Members are also reminded that they are responsible for muting and unmuting themselves, and to mute themselves after they have finished speaking. Consistent with the regulations accompanying House Resolution 965, staff will only mute Members and witnesses as appropriate, when not being recognized by the Chair, to avoid inadvertent background noise. Members are also reminded that all House rules relating to order and decorum apply to this remote hearing. Today's hearing is entitled, ``License to Bank: Examining the Legal Framework Governing Who Can Lend and Process Payments in the Fintech Age.'' I now recognize myself for 5 minutes to give an opening statement. In the past year-and-a-half, this task force has witnessed the many ways in which banking is changing. With just my cell phone, I can deposit a check, apply for a loan, send money to a friend, and buy cryptocurrency. The financial services world, once dominated by brick-and-mortar institutions, is now filled with so-called disruptors who are responding to evolving consumer preference and revolutionizing the way that we interact with our own money. The implications of these changes are clear. Banking is becoming less centralized. Consumers have access to a wider array of services than they once did. Technology and tech companies are playing an ever-increasing role in our finances, and our laws and regulations are struggling, to be kind, to keep the peace. In an attempt to address these facts, regulators have been proposing new charters and reviving and re-imagining existing ones. In 2016, the Office of the Comptroller of the Currency (OCC) proposed a special purpose national bank charter for nondepository Fintech firms. Earlier this year, Acting Comptroller Brian Brooks announced plans for another special purpose charter, this time for payment companies, amounting to what he has described as a national version of a State money transmitter license. Additionally, in March of this year, the FDIC approved Nelnet and Square for FDIC deposit insurance, the first time they have approved a new industrial loan charter (ILC) applicant since 2008. These actions have been met with significant controversy. The OCC's Fintech Charter is the subject of litigation right now over their authority to grant banking charters to nondepository institutions. The Southern District of New York has sided with the New York Department of Financial Services in that case. Meanwhile, the planned payment charter is expected to face similar legal challenges. And both banking industry associations and consumer groups have signed a letter to the FDIC in opposition to the approval of the new ILC applications. Supporters of these new charters argue that they promote financial innovation and access to capital while eliminating redundant licensing requirements across the States. Opponents, however, worry about firms using these charters as a way to skirt important consumer protection laws and to avoid additional regulatory oversight at both the State and Federal level. Both the charters and the ILC approval raise questions about the traditional separation of banking and commerce and the entry of technology firms with their move-fast-and-break- things approach into the financial services arena, which has become rule-bound as a result of congressional responses to a series of major national financial crises over the past century. The current legal questions and regulatory conflicts should be addressed by Congress. Our regulators and the courts mediating these disputes have been forced to resort to 19th Century books to interpret the intentions of Congress from a time when these issues were far less apparent. Banking has changed. We can't afford to allow outdated laws to create opportunities for regulatory arbitrage and additional consumer harm. We need to update our regulatory framework to provide clarity, opportunity for innovation, and, most importantly, safeguard the consumer and the American taxpayer. Chartering authority is the cornerstone of this system. Our charters determine which firms can engage in banking and which regulators will ensure their safety and soundness. This conversation is as important as any in financial services could be right now, and this discussion could not be more timely. This morning, we will hear from a distinguished panel of experts on what these proposed changes might mean for regulating the business of banking and the implications of changing the process for granting special purpose national bank charters. I look forward to today's discussion. The Chair now recognizes the ranking member of the task force, my friend from Minnesota, Mr. Emmer, for 4 minutes for an opening statement. Mr. Emmer. Thank you, Mr. Chairman. Thank you for convening this important hearing today. Before I go into the content of the hearing, I want to acknowledge what is likely our last Fintech Task Force hearing of this Congress. I would like to thank the Chair, and the past leadership of former Ranking Member French Hill on this task force, for producing thoughtful, nonpartisan conversations about the emerging technologies with which regulators and Congress are grappling. No matter the outcome of November's election, I hope it has become apparent on both sides, the multitude of policy questions and topics in the area of Fintech. The growth of these technologies and the considerations for Congress and regulators will only continue to grow. That is why next Congress, this committee should create a financial technology subcommittee in order to provide proper attention to this expanding and exciting area. A subcommittee would allow for greater focus on the details of many of the topics we discussed as a task force. The consequences of Congress' action or inaction on these topics stand to greatly influence the economy as well as the location of the next great technological innovation like the internet. As a body, we have already fallen behind on our knowledge and understanding of technology issues. If we don't catch up on Fintech, these innovations will pass us by. Today, we close out our hearings with our attention toward the regulator that has likely been the most forward-leaning and supportive of new technologies that could build a more open and free financial system and equip millions of Americans previously excluded with the tools to build a credit and prosperous financial future: the Office of the Comptroller of the Currency. The OCC, under the leadership of Acting Comptroller Brian Brooks, has undertaken tremendous efforts to clearly spell out the regulatory environment for emerging technologies and ensure their domestic development rather than allowing for more departures to countries that have provided more clear rules of the road. Many have weighed in after the prospect of a payments charter became news. As Congress and regulators tackle issues with our changing financial system, it is important and prudent to consider the implications involved and to make sure consumers are protected and our financial institutions remain strong and secure. At the same time, a charter under the OCC is by no means a license to operate free from regulation. It is not even regulation, as some of the testimony today will portray. It, in fact, imposes many responsibilities and duties to adhere to safe business practices and disclose information in an effort to ensure market stability. The OCC has long held and will continue to ensure that their regulated institutions operate in a safe and sound manner, provide fair access to financial services, and treat customers fairly. I am certain that as details begin to emerge and payment charters are granted, the OCC will continue to fulfill their mission. In addition, regulatory certainty is a goal that Acting Comptroller Brooks and I share. That is why, last week, I introduced the Securities Clarity Act, which will clarify securities law in a technologically agnostic way and allow for the distribution of an underlying asset that is, in fact, a commodity. With regard to blockchain technologies, the Securities Clarity Act would allow for the distribution of a token following the registered securities offer. So long as actors play by the rules of the road, they deserve assurances that regulators will not continue to cause uncertainty and will, in fact, support innovation in America. I am grateful for the support of Darren Soto, a co-Chair of the Blockchain Caucus like myself, and Ro Khanna, a member of the Caucus, as well as a Member of Congress from the State of California, whose district has directly seen the benefits of these new technologies. It is through practical, nonpartisan solutions like this that this task force could be most effective during this Congress, and continuing into the next Congress. Again, I would like to thank Chairman Lynch for convening this hearing and leading the task force, and I hope we will continue to work together to better understand financial technologies and the ways Congress can support and foster innovation in America. I yield back. Chairman Lynch. The gentleman yields back. Thank you, Mr. Emmer. I understood that Mr. McHenry was going to be afforded an opportunity for an opening statement. Is he on board, because I did not see him in the grid? Okay. We don't see Mr. McHenry. Mr. Emmer, would you like to reassign that minute remaining on the Minority side to any of your Members or consume it yourself? Mr. Emmer. No. At this point, Mr. Lynch, I will yield back. Chairman Lynch. Okay. I thank the gentleman. At this point, I would like to welcome our witnesses. Today, we will hear from several distinguished witnesses who are great authorities in this area. First, Raul Carrillo is the Policy Counsel for the Demand Progress Education Fund, and also a Fellow for the Americans for Financial Reform Education Fund, where he helped develop a regulatory response to the Facebook Libra project and other emerging financial technologies. Raul has also served as Special Counsel to the Enforcement Director of the Consumer Financial Protection Bureau, and worked in the executive office of then-California Attorney General Kamala Harris. Welcome. Second, Everett K. Sands is the Chief Executive Officer at Lendistry, a Fintech community development financial institution (CDFI), and small business and commercial real estate lender. Mr. Sands has more than 20 years of experience in lending at national and community banks. He is also a board member of the Penn Institute for Urban Research, which informs urban decision-making and public policy on issues of sustainable urban growth and development. Thank you, also, for being here. Third, Arthur E. Wilmarth, Jr., is Professor Emeritus of Law at George Washington University Law School. Professor Wilmarth is the author of the forthcoming book, ``Taming the Megabanks: Why We Need a New Glass-Steagall Act,'' and co- editor of, ``The Panic of 2008: Causes, Consequences, and Implications for Reform.'' In 2010, he was a consultant to the Financial Crisis Inquiry Commission and is a member of the International Advisory Board of General Banking. Welcome, Professor Wilmarth. And finally, Brian Knight is director of the Innovation and Governance Program at the Mercatus Center. Mr. Knight's research focuses on financial regulation, including the role of federalism in Fintech regulation and the use of digital assets for financial transactions. Prior to joining Mercatus, Mr. Knight worked for the Milken Institute, where he was in charge of the Fintech and capital access programs. Thank you as well for being here. Our witnesses are reminded that your oral testimony will be limited to 5 minutes. A chime will go off at the end of your time, and I would ask that you respect the Members' and other witnesses' time by wrapping up your oral testimony at that point. And, without objection, your written statements will be made a part of the record. Mr. Carrillo, you are now recognized for 5 minutes to give an oral presentation of your testimony. STATEMENT OF RAUL CARRILLO, POLICY COUNSEL, DEMAND PROGRESS EDUCATION FUND; AND FELLOW, AMERICANS FOR FINANCIAL REFORM EDUCATION FUND Mr. Carrillo. Thank you, Chairman Lynch, Ranking Member Emmer, and distinguished members of the task force for inviting me to testify today. My name is Raul Carrillo, and I am policy counsel to Demand Progress Education Fund, and a fellow at the Americans for Financial Reform (AFR) Education Fund. Demand Progress is more than 2 million affiliated activists fighting to keep the democratic character of the internet, contest concentrated corporate power, and hold government accountable. AFR is a coalition of more than 200 consumer, civil rights, investor, retiree, labor, business, and faith- based groups. While assessing new bank-like technologies, policymakers should look at possible benefits to individual users but also to risk to the integrity of the financial system, consumer protections, and our civil rights. They should also guard against developments that will entrench the power of Big Tech and further erode our democracy. We urge Congress to adopt a bright-line precautionary approach to digital bank-like activities. What industry calls ``innovation'' is often easily mapped onto an existing product or service. In some cases, there is something new. In those cases, policymakers should ask why a technological development is being proposed. Treating innovation as an unqualified good not only leads us to ignore equity but sustainable innovation. Precaution should be the norm, just as it is, and just as it should be, in food and drug regulation. The OCC and FDIC's current approach encourages rent-a-bank predatory lending. In Madden, the court followed a tradition dating back to the American Revolution, that States may limit the interest rates charged by non-bank companies as well as the general rule that consumer protections are not preempted unless they significantly interfere with the banks partnering on the loan. Together, the so-called, ``Madden fixed rules'', and OCC's so-called, ``true lender rule'' would allow non-bank companies to charge rates as high as they would like even if their bank partners would merely put their name on the paperwork. Similarly, special charters would allow non-bank companies to exercise special privileges without special regulation. During the pandemic and depression, we should be moving in exactly the opposite direction, including by instituting a 36- percent rate cap, and functionally expanding the Military Lending Act, to cover us all. Although Fintech firms make many promises with respect to financial inclusion, we advise healthy skepticism. Too often, new tech yields predatory inclusion. Companies offer needed services to certain classes of users only for those benefits to evaporate or become eliminated in the long term. The use of alt data, AI, predictive analytics, has already enabled price discrimination. Complex algorithms also make it difficult to know what factors an algorithm has used and how it has used them. This can lead to steering and additional redlining and generally shields violators of the Equal Credit Opportunity Act or Fair Housing Act from claims of disparate impact. We strongly agree with Professor Wilmarth that Wall Street and Silicon Valley are irresponsibly integrating banking and commerce. Congress should close the ILC loophole and generally separate the ownership of financial institutions from large tech companies. We are especially concerned by dominant tech platforms' recent encroachment into payments, most notably, the proposed Facebook Libra project. Payments data allows platforms to more easily engage in predatory pricing, to self deal, sparring rivals in next adjacent markets, and to generally accumulate political power. Mobile payment platforms also avoid most banking regulation. Constitutional law professors Dan Awrey and Kristin van Zwieten call them, ``shadow payment platforms.'' Big Tech should not be storing funds without appropriate protections, but the U.S. currently lacks a general law of deposit that would facilitate sufficient oversight. Congress must step up. We also urge Congress to shift the burden of privacy protection away from consumers who cannot meaningfully consent to surveillance and toward Big Tech. Congress should establish a list of permissible purposes for data collection and ban all others. We also urge Congress to protect cash as an option. We shouldn't supplant money that doesn't track us with money that necessarily creates a more detailed picture of our intimate political, religious, familial, and romantic lives. As Justice Thurgood Marshall warned in the 1970s, evolved banking also leads to easier access to data which corporations and law enforcement agencies may use inappropriately. This task force should more deeply consider the social and political consequences of Fintech. We strongly support innovation in the public interest, and for that reason, call for privacy-respecting public options for real-time payments, safe deposits, remittances, and other basic services provided by the Federal Reserve, Treasury, and USPS, institutions we can more readily hold accountable compared to Big Finance and Big Tech. Thank you. [The prepared statement of Mr. Carrillo can be found on page 28 of the appendix.] Chairman Lynch. Thank you. Mr. Sands, you are now recognized for a 5-minute presentation of your written testimony. Thank you. STATEMENT OF EVERETT K. SANDS, CHIEF EXECUTIVE OFFICER, LENDISTRY Mr. Sands. Thank you very much. I appreciate that. Chairman Lynch. Thank you, sir. Mr. Sands. Task Force Chair Lynch, Task Force Ranking Member Emmer, Chairwoman Waters, Ranking Member McHenry, and distinguished members of the task force, it is an honor for me to appear before you today. My name is Everett K. Sands, and I appreciate the committee's interest in financial technology and this opportunity to provide insights and information. My testimony will address several of the task force's areas of interest, and will focus on lending generally and on small business lending, so many of my comments are also applicable to other areas of lending, as they are closely tied in terms of credit parameters from a consumer perspective and origination activity from Fintech lenders. The single, unified perspective that ties together my testimony is this: In lending, there are good and responsible actors, and there are bad and unscrupulous actors. And it is my belief and experience that the best protection against bad actors is to take action designed to incentivize more good actors to come into the field, making their offerings more available and crowding out bad actors. Fintechs can have a constructive role in lending if their rates and product offerings are responsible. Today, small businesses, and consequently, the United States, are in crisis. The stakes for expanding responsible lending are enormous, and urgent need for action in this regard cannot be overstated. I have more than 20 years of experience in the banking and lending field. Prior to starting Lendistry, I was part of both national and community banking. I have served as a board member and as an executive, and I have led high-growth business units and closed more than $3 billion in transactions. Businesses I have led have been regulated by the CDFI Fund, FDIC, FHA, FHSA, FHLB, OCC, OTS, SBA, VA, and several State regulators. Today, I am the CEO of Lendistry. Lendistry is a minority- owned and technology-enabled CDFI. We are dedicated to providing economic opportunities to underserved urban and rural small business borrowers and their communities. Lendistry is also a signatory to the Small Business Borrowers' Bill of Rights, which are guidelines set by the Responsible Business Lending Coalition. As a hybrid of a Fintech lender and a community bank, Lendistry combines the best of Fintech--efficiency, scalability, and seamless user experience--with the best of traditional lending--low cost of acquisition, low cost of funds, and strong risk management. Currently, Lendistry is playing a very active role in the COVID-19 small business recovery effort. To briefly summarize, Lendistry has originated, processed, and approved more than $180 million in Paycheck Protection Program (PPP) loans to more than 3,500 businesses in the 12 States where the Small Business Administration (SBA) gave us temporary authorization to lend. We have also utilized our technology platform to process more than 50,000 small business Coronavirus Aid, Relief, and Economic Security (CARES) Act-related grant applications for the State of Pennsylvania, and we will fund approximately 10,000 of those grants, totalling $190 million, and up to an additional $50 million for several other counties, all in partnership with the PA CDFI network. I will focus the remainder of my remarks on responsible lending in the context of the areas the committee is exploring. It is my view that incentivizing and expanding responsible lending is the best protection against predatory lending. Importantly, the Federal Government should empower and harness systems and authorities it already has. Congress should use these systems to create compelling incentives for Fintechs to choose to operate within a regulated framework and conduct lending activities in a responsible manner. I would like to introduce one such incentives-oriented solution today, and it begins with making more effective use of the CDFI Fund. The solution has three components. First, create compelling incentives to be a CDFI, and include automatic approval for all of SBA's products, membership to the Federal Reserve, and the ability to lend nationally, as well as easier access to capital from banks. Second, raise the bar for qualifying to be a CDFI, for example, an interest rate ceiling of 36 percent APR, standardized payment cycles including no more than two payments a month, and additional disclosures and accountabilities. Third, empower the CDFI Fund to monitor compliance with additional requirements. The membership asked about OCC special charters. Though we believe in an enhanced role for the CDFI Fund as the preferred solution, it should be adopted for the OCC. But payment and lending each require significant adjustments to regulation, and we suggest the OCC focus on payments first as new technology like Bitcoin, blockchain, and cryptocurrency gain traction. The task force asked about industrial loan charters (ILCs). Despite theoretical risks of ILCs to the banking system, historically, the mixing of banking and commerce has not had a negative impact on the consumer and the deposit insurance fund. We think ILCs are a viable solution. However, the parent company must be subject to the Bank Holding Act. Finally, I would like to emphasize the importance of annual oversight. Whatever path is taken moving forward, the evolution and speed of the Fintech industry demands that the regulatory authorities be empowered and mandated to conduct annual reviews of the requirements in order to ensure accountability and transparency. I thank you for opportunity to be here today. [The prepared statement of Mr. Sands can be found on page 150 of the appendix.] Chairman Lynch. Thank you, Mr. Sands. Next up, Professor Wilmarth. You are now recognized for 5 minutes for a presentation of your written testimony. STATEMENT OF ARTHUR E. WILMARTH, JR., PROFESSOR EMERITUS OF LAW, GEORGE WASHINGTON UNIVERSITY LAW SCHOOL Mr. Wilmarth. Thank you, Chairman Lynch, Ranking Member Emmer, and distinguished members of the committee and the task force. My testimony today criticizes recent attempts by the OCC and the FDIC to confer banking powers and privileges on nonbanks and commercial firms without requiring those companies to comply with the regulations that govern banks and bank holding companies. The OCC's and FDIC's initiatives are unlawful and contrary to the public interest. They represent a dangerous form of regulatory arbitrage that allows nonbanks and commercial firms to evade fundamental policies embodied in our Federal statutory framework for banking institutions. I urge Congress to use its legislative and oversight powers to block these initiatives or persuade the agencies to withdraw them. I am going to focus my oral testimony on the OCC's nondepository Fintech Charter and the FDIC's proposed ILC rule. The National Bank Act, the Federal Reserve Act, and the Federal Deposit Insurance Act prohibit the OCC from granting national bank charters to financial firms that do not accept deposits, and I point the committee to 12 U.S.C. Sec. 222 in particular. The only national banks that are permitted to operate without deposit insurance are nondepository, special purpose trust companies, and those companies were specifically authorized by a special amendment, a very narrow amendment, adopted by Congress in 1978. The OCC has no other authority to charter institutions that don't accept deposits. Bank deposits play a very vital role in our monetary system, and as Gerald Corrigan observed 20 years ago, depository institutions serve as a transmission belt for the nation's monetary policy. Depository institutions have a very privileged relationship with the Federal Reserve, and they receive very beneficial services from the Fed, including discount window loans, Fed payment services, and Fed settlement and custody services. Fedwire, for example, guarantees immediate final payment among financial institutions. No nondepositories can get access to these services. The OCC's nondepository Fintech Charter would create massive conflicts with the Fed's design. Those firms, if they got charters, could claim that they have the automatic right to become Fed members and to get all of the benefits that depository institutions get from the Fed. For example, nondepository Fintech banks could get discount window loans. That is completely contrary to Section 13-3 of the Federal Reserve Act which puts very, very strict restrictions on the ability of the Fed to give any loans to nondepository firms. Also, Big Tech firms could get very significant influence on our monetary and economic policies. They would have the right, if they were admitted as Fed members, to vote for Federal Reserve Regional Reserve Bank Presidents, who participate on the Federal Open Market Committee (FOMC), so they would be able to directly influence monetary policy decisions. Now, let's turn for a moment to the FDIC's ILC proposed rule. This would allow any type of commercial company to acquire FDIC-insured depository institutions, known as ILCs, who basically can conduct very close to a full service banking business. This would be an even greater threat to the current policy, which has been long established of separating banking and commerce. It would give them direct access to all of the Fed services, and, of course, to the very important Federal deposit insurance part of the safety net. So, we can see that these OCC Fintech Charters and the FDIC's proposed ILC rule would essentially allow commercial firms, and especially Big Tech firms, to get the advantages of all that the Federal safety net offers. This would give them huge competitive advantages over smaller commercial firms that could not afford to acquire Fintech Charters or ILCs. This is certainly completely contrary to the Bank Holding Company Act, and our long history of separating banking and commerce, and it would, in my view, pose great systemic dangers. The Federal Government bailed out several very large corporate owners of ILCs during the financial crisis, as I explained in my statement. We can anticipate that the same problem would occur again if Big Tech firms are allowed to acquire banking institutions with direct access to the safety net but without complying with the Bank Holding Company Act and many other statutes. I would be happy to discuss this further in response to questions. Thank you very much. [The prepared statement of Mr. Wilmarth can be found on page 159 of the appendix.] Chairman Lynch. Thank you, Professor. Mr. Knight, you are now recognized for 5 minutes for an oral presentation of your written testimony. STATEMENT OF BRIAN KNIGHT, DIRECTOR, INNOVATION AND GOVERNANCE PROGRAM, MERCATUS CENTER Mr. Knight. Hello, Chairman Lynch, Ranking Member Emmer, and members of the FinTech Task Force. I congratulate you all on your leadership and thank you for the opportunity to testimony today. My name is Brian Knight. I am the Director of the Program of Innovation and Governance, and Senior Research Fellow at the Mercatus Center. Any opinions I express today are my own and do not necessarily reflect those of my employer. The goal of this hearing is to examine the rules governing which firms are allowed to lend and process payments in the age of Fintech. That is an excellent question and is both timely and relevant. I submit for your consideration four key points. First, the technological and economic reality has overtaken existing law, leading to an overly burdensome regulatory environment that harms Americans. Second, both the OCC and the States have shown an admirable willingness to attempt reform, but their ability to get it right is limited under existing law. Third, Congress can and should reform the law to allow nondepository lenders and money transmitters, subject to appropriate requirements, to operate on a nationwide scale. Finally, this does not mean, however, that a Federal license or charter should be the only option. Rather, Congress should enable State-licensed or chartered nondepository entities to compete nationally. Nonbanks and tech firms have become significant competitors in the financial services market, and Americans have embraced these services due to a variety of factors including cost, convenience, speed, and availability. While these firms may take advantage of cutting-edge technology, they are still subject to a regulatory system that did not contemplate them. Contrary to some assertions, Fintech firms are not unregulated or even necessarily less regulated than traditional banks on a line-of-business basis. In fact, these firms frequently find themselves subject to cumbersome State-by-State regulation that places them at a disadvantage. For example, under Federal law, a nationally chartered bank or an FDIC-insured State-chartered bank can lend nationwide on the basis of its home State law governing interest. Conversely, Fintech firms must obtain lending licenses in every State they operate in and are subject to the laws of each State regarding the definition and control of interest. Likewise, national banks are not required to obtain a State money transmitter license, and State money transmitter licenses generally exempt State-chartered banks. Conversely, non-bank money transmitters have to get licenses in every State. And, finally, while banks can generally access the Federal Reserve's payment system to help transmit payments, non-bank Fintech money transmitters cannot. It is cumbersome and uneven regulation, it is frequently unjustified, and it can result in higher costs, reduced service, and competitive inequality. Recognizing this mismatch between the regulatory environment and the economic and technological reality, both Federal and State regulators have shown an admirable willingness to innovate, but the efficacy of those efforts is questionable due to legal constraints. At the beginning of the Obama Administration, the Office of the Comptroller of the Currency announced a plan to offer special purpose national bank charters to nondepository lenders and money transmitters. In response, State regulators announced a host of regulatory reforms aimed at lowering the burden of State regulation, as well as suing the OCC. The OCC plan isn't perfect. It does, arguably, represent the best regulatory option currently available. However, it is not at all clear that the legal powers and burdens that come with being a national bank are needed or appropriate for nondepository entities. Likewise, while the States are resorting to litigation to stop the OCC charter for Federal, it is also understandable. Under current law, a State cannot offer a charter or license comparable to the OCC Fintech Charter even if it wanted to, because of the lack of Federal enabling legislation like that enjoyed by State-chartered depositories. So, what should Congress do? Congress should encourage competition by aligning regulation with technological and economic reality. Nondepository institutions that offer credit or money transmission services nationwide should be able to do so without being placed under undue regulatory disadvantage. This could include Congress making clear that both States and the Federal Government can authorize firms, whether through a special purpose charter or a license, to lend or facilitate payments with relevant authority comparable to their banking competitors. Critically, any requirements or limitations should be properly calibrated to the risks created by the actual products, services, and business models rather than applied simply because they apply to depository institutions. The exact contours of what these rules should look like remain to be determined, and there are important questions that need to be answered. But first, we should acknowledge that the current regulatory regime is outdated and should be modernized. Congress should take advantage of its unique ability to create an environment conducive to innovation and competition that benefits the American people. Thank you again for the opportunity to testify, and I look forward to your questions. [The prepared statement of Mr. Knight can be found on page 54 of the appendix.] Chairman Lynch. Thank you very much, Mr. Knight. I now recognize myself for 5 minutes for questions. I think, taken together, the testimony of all of the witnesses really lays out what the problem is. And when we look at the traditional barrier between banking and commerce, it has served us well in the past. When you think about the special privileges we give to banks--I know the professor mentioned the discount window, and we have taken to bailing out banks because we see them as so important to our economy. I think that also with FDIC insurance, we actually have an interest on behalf the American taxpayer to preserve the stability of banks. Now, we have the suggestion, and I understand that Fintech is responding to consumer preferences. I have 2 girls who are college age, and I don't believe either one of them has ever stepped foot in a bank. Everything is remote; everything is mobile banking. So I get that the model is changing, and the regulations are, indeed, outdated, but the question is, what do we do to fix that problem in a way that preserves the protections for consumers, for the American taxpayers? I think, Professor Wilmarth and Mr. Carrillo, you both spoke to that issue regarding the separation of commerce from traditional banking. Could you talk a little bit about, not just the dangers of commingling those two activities, but could you also suggest what a solution might look like? Mr. Carrillo, you mentioned privacy and the size of some of--if you look at tech, if you look at these massive firms, I see too-big-to-fail Fintechs in the future in a big, big way. And I am just very, very nervous about seeing that concentration of power that we see in the tech world transmitted into the banking world. That is a very real concern that I have. So, could you take a crack at that? Thank you. Mr. Carrillo. Thank you very much for your question, Chairman Lynch. I also share your concerns about eventually needing to bail out a Facebook or an Amazon or facing public pressure to do so if we continue to go down this road. And Professor Wilmarth's research has very much highlighted that financial institutions that are owned by commercial companies tend to make risky bets or engage in imprudent activities on behalf of their parent company. I would also say that the added dimension here involves economic and political power in our society. I am somewhat disappointed that none of the other panelists addressed Big Data or mass surveillance. We have to consider that in this new age of banking, it is not just about extracting money. It is about extracting information about people. And my response, in addition to suggesting that there should be further barriers provided by Congress and regulators between Big Tech and high finance, is to create public options which would introduce competitive pressure into the space and help keep Big Tech and high finance honest in terms of building out this understandably necessary infrastructure. Thank you. Chairman Lynch. Thank you. Professor Wilmarth? Mr. Wilmarth. Thank you, Mr. Chairman. I think that you are exactly right, that if we allow Big Tech to acquire banks, and we can expect that if that happens, they will be very large banks, the pressure would be unavoidable, and it's inevitable that if any problem came, the Federal Government would bail out the entire institution. That is exactly what happened to the so-called shadow banks financial conglomerates during the financial crisis. I would point the task force's attention to the Wirecard debacle that has just occurred in Germany. Wirecard actually controlled a bank, and what was also very interesting is they were trying to acquire Deutsche Bank shortly before they collapsed. Imagine if Wirecard had controlled Deutsche Bank before its accounting scandal was revealed? Again, there was no regulation at the holding company level. I think the lesson of history is that you need consolidated, effective supervision at the holding company level, and I very much question whether that is possible for a major tech bank conglomerate. If I could just make one suggestion, nobody has shown, in my opinion, that all of these services cannot be obtained by banks through proper contracts with proper supervision by the Federal regulators. I think the proper approach is to make sure that banks enter into contracts when needed to get the technology they need to serve their customers, but those contracts should be carefully supervised by the regulators. I do not see that putting the banks into the hands of Big Tech would cause anything but major problems, and I think the resulting conglomerates would be completely uncontrollable by both regulators, and I am afraid even perhaps by Congress. Chairman Lynch. Thank you very much. I see that my time has expired. The Chair now recognizes the ranking member of the task force, Mr. Emmer, for 5 minutes for questions. Mr. Emmer. Thank you, Mr. Chairman. Again, thank you for holding this hearing. Mr. Knight, under this Administration, you have seen a lot of forward progress in terms of regulators understanding technology and fostering innovation. What areas do you think regulators should be doing more work in, to understand and to ensure clear and consistent regulation? Mr. Knight. Thank you, Representative Emmer. I believe that the areas that regulators should be focusing more on are, one, and I am surprised, given the topic of this hearing, the implications of technology. Because while the application of technology to financial services is not new, we are in a period of very high technological innovation, and therefore, be it within the traditional banking system, non-banking financial firms or emerging startups and new competitors, the application of a host of technologies, AI and Big Data was mentioned earlier. Cryptocurrencies and that sort of ledger system are all emerging and really need to be well-understood by the regulators so that they can do their job appropriately and neither fall asleep at the wheel nor unduly panic. Mr. Emmer. Thanks. Have you been following the litigation, the SEC litigation, including the Kik and the Telegram cases? And what do you make of Commissioner Peirce's proposed safe harbor and express concerns regarding the Telegram enforcement action? Mr. Knight. Sir, I will confess that I have not followed that as closely as I should have. I will say that-- Mr. Emmer. Let me do this, Mr. Knight. Hester Peirce said, ``Enforcement actions can be instructive to people other than the wrongdoer but are not an appropriate mechanism to create new law. Our regulatory integrity demands that enforcement actions be premised on a violation of a clearly articulated statue or rule.'' Hopefully, that helps. Mr. Knight. Sir, Hester is, per usual, absolutely right. We do not want regulation by enforcement. The concept of justice and, frankly, efficiency and effectiveness indicate that we should have clearly laid down rules before we are going to bring an enforcement action and punish someone for a violation. That is, I think, a core component of our concept of justice. Mr. Emmer. Thank you. What do you recommend, Mr. Knight? What do you recommend Congress do, following the task force's work? Should a stronger focus be placed on these technologies? And are there any short- term, say, 1- or 2-year priorities that you can identify? Mr. Knight. Thank you, sir. I absolutely believe that Congress should continue to monitor and, in fact, increase its interest in these topics because they are not going away, and they cut to an essential component of a functioning life, which is the ability to access financial services. That is a key component. In terms of short-term goals, as I mentioned earlier, I think that we really should consider how we can modernize the ability for firms to operate on an interstate basis, either within the banking system with the caveat that there is a debate about just whether or not banking is inherently involving depositories, or outside of the banking system where Congress can give the necessary powers but not be bound by the interlocking laws that have developed over time with regard to banks to allow nonbanks to compete. That competition will benefit customers. It will help keep all of the participants honest because it will give consumers more options so that they can walk away from a service provider who is not treating them well. It may also help lower moral hazard to the extent that we are not forced to engage in a federally-insured depository environment for all transactions. Mr. Emmer. This is focusing in on one particular area, but would you agree that to resolve uncertainty and, quite frankly, a patchwork of different regulations and laws, for instance, the OCC suggesting there should be some type of national license for money transmitters, and we have actually had a bill along these lines, would you agree that is one of those things that could bring certainty and clarity to the marketplace? Mr. Knight. Absolutely. And in addition to the OCC providing a license or special purpose charter, you could also enable, like you would do with banks, State license transmitters to more effectively compete interstate to maintain a dual financial and market-preserving federalist system. Mr. Emmer. Excellent. Thank you, Mr. Chairman. I see my time has expired, so I yield back. Chairman Lynch. The gentleman yields back. Petrina, would you handle the order of the questions? I am not sure who is next. Ms. Thomas. Yes, sir. Mr. Hill should be next. Mr. Hill. Thank you, Mr. Chairman. I must say I want to echo the comments of my good friend, Tom Emmer, that one of the real highlights of this Congress was the decision by Chairwoman Maxine Waters and Ranking Patrick McHenry to form our two task forces on FinTech and Artificial Intelligence, particularly this year in the pandemic, where legislative work has become much more modest. The work here will lay the groundwork for tremendous efforts, I think, for our State regulators, our Federal regulators, and our congressional policymakers working with this Administration and the incoming Administration, be it Trump or Biden, to continue to prepare America to be a leader in Fintech. And I appreciate the Treasury's 2017 survey and analysis on all of these issues that we are talking about today, and it really made for a more educated group of Members of Congress on both sides of the aisle to work on these important topics, so thanks for having this hearing. I am a little shocked that you didn't schedule the hearing for 9:00 tonight, because I think people would really be fascinated by Fintech and the future of their country, and you would be the star, so I am sorry about that. Let me start and say that I introduced bipartisan legislation, H.R. 6306, the Immediate Funds Availability Act, which would increase the amount of funds bank customers are able to receive, and would require them to be made available immediately during the pandemic, and it would sunset over 3 years. My friend, Mr. Foster of Illinois, introduced that bill with me. And I hear from constituents pretty frequently, wondering why it takes so long for even a U.S. check to be credited to their account. Mr. Knight, what are some of the current obstacles that cause banks to not be able to provide more immediate credit to consumers? Mr. Knight. Thank you, Representative Hill, for that question. One of the existing issues is that the underlying infrastructure, and that doesn't mean the automatic clearinghouse system, is not a real-time system and, instead, is a batch system that has, I believe, gone to 3 windows, 5 days a week. And so, they batch up all the payments and transmit them during those periods. So if your payment doesn't fall within one of those periods, it will have to move to the next day, or sometimes it can move--if it comes in late on a Friday, it may take until Monday or Tuesday to get there. That system made sense when it was created, and that is a very efficient way to do it. It is a cheap way to do it, which is important in a payment system, but technology has moved on to the point where we can move to real-time payments. Other countries have moved to real-time payments. There is a funding system that provides real-time payments, and the Fed has announced a move to real-time payments. So, all of those things should allow for more expedient payment. Mr. Hill. Thank you very much. Mr. Sands, I really enjoyed your testimony, and I want to congratulate you on the success of your business. I was on the CDFI Advisory Board during the George W. Bush Administration as the community bank representative, and I want to congratulate you on all the good work you are doing, and thanks for participating so vigorously for our minority community, but also in the PPP program. I enjoyed looking at your testimony. You mention the importance of partnerships. I assume in the loan origination arena, that this idea of providing liquidity to Fintech lenders through the use of a bank for balance sheet strength, you think is a good idea if it is done right, I take it, from your testimony? Mr. Sands. That would be correct, sir. One of the things I think we look at is that the U.S., right now, is effectively losing a war at home, and let me just give you an example. Let's take a look at the Citi report that came out last week, entitled, ``Closing the Racial Inequality Gaps: The Economic Cost of Black Inequality in the U.S.'', which found that over the last 2 decades, $16 trillion in GDP could have been created if we had closed the wealth gap. If the gaps are closed going forward, GDP will be increased by $5 trillion over 5 years, or $1 trillion a year. Let's just be clear about that. There are 195 countries in the world. This will be better than 178 countries' GDP, or 2\1/ 2\ times what we are doing with Chinese tariffs right now. So I think it is very, very important that we solve some of these things, and we figure out a constructive measure on how we move forward. Mr. Hill. I appreciate that, and I also took note of your exam frequency suggestions on the CDFI loan funds. I look forward to following up with you on that. And let me just conclude by your constructive comment also on cryptocurrency. Bill Foster and I really are working with the Fed on a digital dollar and have encouraged that work, and I am pleased to see it advancing. And we need a cryptocurrency payment rail as a part of our payment system reforms. I thank my friend, the chairman, and I yield back. Chairman Lynch. The gentleman yields back. The Chair now recognizes Mr. Davidson for 5 minutes for questions. Mr. Davidson. I appreciate the chairman, and I really just want to say thanks so much to the committee for having this hearing. Frankly, between last week's roundtable and this week's hearing, these are topics that I have sought to address since joining the committee in 2017. My sincere hope is that Speaker Boehner's saying about how Congress works which is, to sum it up, ``very slowly until it is very fast,'' I hope that holds true for this long-overdue area of responsibility for the House Financial Services Committee. To adequately regulate this area, we also need to address a foundational principle, which is privacy--frankly, consumer privacy. Wrongly applying existing Bank Secrecy Act provisions, for example, to a true distributed ledger blockchain architecture would undermine privacy, undermine the security inherent to that technology, and undermine the efficiency that Fintech offers our consumers, innovators, and investors, whether it is any number of unfathomable use cases, but in particular, as we talk about payments facilitated in bank charters. Mr. Carrillo laid out the challenges and opportunities nicely. While I don't agree with his conclusion that all of this needs to be centrally managed, particularly by the Postal Service, his exposition on the stakes for privacy merits primary attention for the regulatory framework and civil liberties protections America needs. America needs a strong law protecting consumer privacy, and holding every company, website, app, OEM, et cetera, accountable not just for complying with whatever they want to put in their terms of service, but with meaningful legal protections for an individual's personal data. Concurrent with the development of that privacy law, we need a more unified, not more fragmented, approach to regulation--one prudential bank regulator rather than a bigger, broader patchwork. In the absence of action by Congress, some States have already moved ahead, some with poor results like New York's bit licensed approach, and have scared capital and innovation offshore. And others have been much better, but no State has worked with more precision and clarity than Wyoming. Mr. Knight, as you look at the approach in Wyoming that resulted in Kraken's bank charter, what are you seeing as being the most important features for the Federal level in ensuring that this kind of innovation takes place across the United States? Mr. Knight. Thank you, Representative Davidson. When I look at that and the broader innovation picture, I think what we need is a system that allows for interstate competition that can involve a federally-licensed or chartered entity, but it should also allow State-licensed and chartered entities to have the essential powers they need to compete interstate, and allow consumers to choose which system they want and what laws they want to take advantage of. And then to your point about privacy, I think you are absolutely right, and this is something we need to think very hard on. And, yet, as Mr. Carrillo mentioned, first of all, I think getting rid of cash is a bad idea. But, second, we do need to be thinking about privacy protections balanced with the legitimate needs of law enforcement, and that applies to private sector actors, and it applies to public sector actors as well. I think those are some of the essential things Congress needs to be looking at. Mr. Davidson. Yes. So, we are blending things here, but when we look at the architecture of distributed ledger technology, it goes about it in a different way. Probably, many of the members of the committee and some of our witnesses saw the Buzzfeed article that highlighted the suspicious activity reports (SARs) approach that, frankly, hasn't resulted in a real stop to money laundering. There is still a big problem. The Financial Crimes Enforcement Network (FinCEN) highlights that. But, frankly, the approach is essentially the concern I have with Mr. Carrillo. We are concerned about what was surveillance, so why would we give the people who are doing the most warrantless surveillance more power to do more? Why would we go double down on Bank Secrecy Act anti-money- laundering provisions that create a bigger black market, frankly, that underserves the underbanked already? And that is where I think the encouraging work in Fintech companies like Bank U, which are banking the unbanked and creating a transaction history, really helps build an identity for people. They are doing that outside the United States, but are an Austin-based company. And when you look at these kinds of companies, before they can be regulated as a bank, they have to raise the capital. That is why getting the certainty into the regulatory framework as to what is a security and what is not a security is so vital. So, I hope our committee will take that up and notice some of the bills in this space. As you can tell, I have more to cover in that space than we can in this hearing, but thanks again to the committee for the work to put this together. Thanks, Mr. Foster and Mr. Emmer, for getting it here, and I appreciate our witnesses. Thanks again, and I yield back. Chairman Lynch. The gentleman yields back. Much appreciated. The Chair now recognizes my friend from Michigan, Ms. Tlaib, for 5 minutes for questions. Ms. Tlaib. Thank you so much, Mr. Chairman. As we all know, the pandemic and COVID-19 has exposed a number of broken systems, not only in our healthcare system but also the economic divide in our country. And this includes the barriers that exist due to lack of bank branches in many low- and moderate-income neighborhoods, and most notably, in Black neighborhoods, like those in my district. To me, there is no doubt, and I truly believe this, that companies like Amazon, Facebook, JPMorgan Chase, and Venmo will take advantage of the financial gap in the market that will lead to exploitation of the unbanked and underbanked communities. I know the OCC has proceeded to move forward and really, I believe, overstepped its authority by determining what a bank is or removing that authority from Congress to determine ultimately, again, what is in the best interest of the American people. Mr. Carrillo, do you think that the consumers should be treated differently or be offered less protection by Fintech companies than they are with traditional banks? Mr. Carrillo. Thank you, Representative Tlaib. The short answer to your question is no, I don't think that consumers should have fewer protections, mainly because they are using a Big Tech platform, for instance, that portends to store funds for long periods of time but not offer corollary protections. And to your point, I think that Congress needs to step up here, define what a deposit is, define what banking is, and make sure when funds are exposed and used in this manner, that consumers have specific protections. This is especially important when mobile payment platforms and other Fintech technologies are being advertised to communities of color as a way up, as a path towards upward mobility in our society. Privacy protections are also extremely important here. Consumer protections cannot be voided in that realm either. We cannot ask communities of color to fundamentally sacrifice their privacy, especially given the way the data is used for corporations for targeted ads, et cetera, but also the way that law enforcement agencies may intend to misuse the data that is collected, especially from Black folks, Muslim folks, Latino folks, indigenous folks, and people who have political dissent with the existing government. Thank you. Ms. Tlaib. Given our recent negative experience with unregulated shadow banks, which is a huge issue, regarding the safety and soundness of privately issued mobile money, it is really risky to allow unregulated Fintech companies to offer critical payment services provided to moderate-income communities. And so one of the things I want--when I am trying to explain this to my mom, what is the worst-case scenario here for many of our residents at home? Mr. Carrillo. We are talking about fundamentally moving payments towards a system that is not appropriately protected. I agree with Mr. Knight and the other panelists that things are changing via the pandemic, but I have actually not seen any hard evidence that these private Fintech companies are, ``saving the day.'' In fact, I am worried about the transactions occurring without proper protections. And if anything, as I mentioned in my testimony, it is even more important to make sure that we are establishing a framework in the public interest. Ms. Tlaib. Yes. And actually, during the pandemic, I see them expanding their services, which seems to be more in the vein of traditional banks right now. Do you believe that the OCC is the best suited to have regulatory authority over Fintech companies offering stable coin deposits, or is there an agency more suited to deal with the coin resulting payment system like the FDIC or the Fed? Mr. Carrillo. Another excellent question. Thank you, Representative Tlaib. I think that the banking regulators and Congress need to have a discussion about extending protections. But to your point, there is fundamentally a gap in the law right now that allows shadow banking generally, as Professor Wilmarth's research has shown, and as Vanderbilt Law Professor Morgan Ricks' research has shown, and this has to be addressed or we are not going to have coherent banking law and we are not going to have it before Silicon Valley enters the fray and makes it all the more necessary. Ms. Tlaib. Yes. I am really pleased. Thank you, Mr. Chairman, for allowing me to be part of this last task force hearing. All of those Fintech companies may be offering new benefits, but this type of product offered goes beyond the reach of fair lending laws and regulations, which is what we should be worried about the most right now. So, I hope that we move forward in trying to create, again, some sort of way to make sure that our residents are protected as these Fintech companies move in towards traditional banking in our communities. Thank you so much, and I yield back. Mr. Sands. Representative Tlaib, may I ask you a quick question? Ms. Tlaib. Sure. I have 18 seconds. Go ahead. Mr. Sands. I think we need to be careful about defining ``underserved'' versus ``poorly served.'' One of the things I would like to recommend this committee to do is--we constantly are talking about the ``stick,'' but we have not talked about the ``carrot.'' And if we can incentivize good practitioners to come in, then States like your own and others could properly serve. There are good institutions that are trying to do these things. Thank you. Ms. Tlaib. No, I agree, and I have worked with many of the local institutions to do that. We are just not doing enough of it. Chairman Lynch. At this point, I am just going to go with one follow-up question, and, of course, I will afford Mr. Emmer a follow-up question on the Republican side. Mr. Sands, one of the great promises of Fintech was the idea that it might help us to bank the unbanked, and the evidence is really mixed. We have seen examples where the use of certain algorithms has blocked out people; they have been an obstacle to financial access. And I have seen areas in Nigeria and other parts of Africa where it is the only game in town, there has been no legacy banking system there, so it has actually worked wonders in some of those countries. Somalia is a particular problem, and I think the answer has to be Fintech in some fashion or mobile banking. How do we maximize that promise of banking the unbanked, especially where we are looking at this shift where Fintech-- arguably, large tech firms come in, and they are the driving force in this. How do we make sure that we fulfill that promise of banking the unbanked in whatever the final version of our solution might look like? You have a great perspective, in your position, and I would love to hear your thoughts on that. Mr. Sands. Thank you, Chairman Lynch, for the opportunity. This is one of the things I would like to ask all of us to consider, is that we have to be very careful about the stick and not think about the carrot, as I mentioned before. The modernization of laws would be very important if we enabled the good guys to be able to do what they do in a high-quality way. I will give you an example, Chairman Lynch. I wanted, and Lendistry wanted, to provide PPP loans in your State, but we were not allowed to because of the current rules. Again, the current rules, under SBA and others, have been made to be a form of risk management. While we respect them, there needs to be some type of review so that the good guys aren't fighting the fight with one hand behind their back. Representative Tlaib just mentioned that we are not doing things in a scaleable fashion. Part of the reason why we are not doing them in a scaleable fashion is because we are not allowed to. Another example will be, we are not allowed to participate in the Main Street Program. We are not allowed to become members of the Federal Reserve System. I really think that if we look and we give the good guys an opportunity to participate in a high-quality way, you are going to see massive change, and you are going to see massive things happen. And then, I think the good guys will overshadow and, quite frankly, beat, from a competitive perspective, many of the unscrupulous players. Thank you, again, Chairman Lynch. Mr. Emmer. Mr. Lynch, this is Tom Emmer. I let your staff know that I had no objection to an additional question, and I don't have one right at this moment. Chairman Lynch. Okay. Mr. Carrillo, could you follow up on that question? I know I have about a minute and 45 seconds left. I thought you might have an interesting perspective as well. Mr. Carrillo. Just to clarify, Chairman Lynch, you would like me to comment on how we best approach the problem of serving the unbanked and the underbanked? Chairman Lynch. Right. That is the big promise, that we can bank the unbanked, and the results so far have been mixed, and I would like to figure out, if you can just elaborate, on how we can do better. Mr. Carrillo. Yes, sir. I think that if providing payments infrastructure and banking services is as important as everybody on this panel says it is today, then we need to establish a public option. We need to start treating this sort of infrastructure like it is integral to the economy, as it very much is. And I think that fundamentally, firms, no matter how noble or altruistic they may be in their outlook, tend to gain customers based on whether those customers are going to be profitable to them. There is no public service mandate for these companies, and I doubt that folks who run the companies would welcome such a mandate. If we do think that it is important as everybody needing to have basic digital financial services in the 21st Century, then we need to treat this like railroads, like canals, like telecom infrastructure is in other countries, and provide it to everybody as a matter of course. Chairman Lynch. Thank you very much. Mr. Wilmarth. If I may comment, Chairman Lynch? Chairman Lynch. Please, go right ahead. Mr. Wilmarth. I think that as we go forward, it is critical not to allow nonbanks to do what banks are doing without the same type of regulatory and public interest safeguards that we have established for banks. And Mr. Carrillo focused on the issue of deposits, that payments providers are essentially holding deposits without any deposit insurance or any of the other requirements that we impose on depository institutions. What if one of those payment providers fail? The customers are going to demand their money back and there is going to be no deposit insurance. The one other thing I would say is, I think there is good space for partnerships between banks and Fintechs if it is done in a legal and responsible way. And I would point the committee task force to the recent Marlette Funding, and Avant settlements in Colorado, where the bank that partners with a nonbank lender has to maintain control over the lending, and they have to comply with the 36 percent cap on interest rates. They can't simply claim preemptive immunity and try to make 100 percent loans. So, I think there is room for good partnerships, but we have to maintain the integrity of banking regulation and the public interest safeguards with which we expect banks to comply. Chairman Lynch. I appreciate that, and I agree. Thank you. Mr. Emmer. Mr. Chairman, I will change my approach. I would like to follow up, if you don't mind. Chairman Lynch. Please, go right ahead, Mr. Emmer. Mr. Emmer. Thank you. I appreciate it. Mr. Carrillo, this struck me when you were speaking earlier: Beware of the promise of helping out the unbanked. With an open distributive ledger-type technology, I think the promise is enormous, and I think government, quite frankly, is putting up obstacles, and the uncertainty is getting in the way of the idea that we have to have intermediaries in all of these things, which is, I think, where all of you are coming from, and that is not exactly the way all cryptocurrency works. Mr. Knight, do you have another side of this coin where we should be looking at the real promise that this would afford? Not just to innovation and the ability to access capital, but for the unbanked, the folks who just haven't been included in the system, where there is someone on the other side of the world because of cultural reasons, maybe it is a young woman who isn't allowed to do this sort of thing, or hasn't been, this would give them a lot of hope. I would appreciate your perspective. Mr. Knight. Thank you, Representative Emmer. Yes, I do believe that you are perhaps giving short shrift to the value of competition and innovation in helping to serve people. And that is not to say that there aren't rules of the road that should be followed, though those rules really need to be tied to the actual risks created and not just applied holistically across all competitors regardless of differences in business models. And I do think that we have seen that changes in business models, changes in technology, more efficiencies gained, can help make providing services to some groups, where it used to previously not be cost-effective or feasible--it helps improve that. Now, the changes are often marginal, right? We don't go from 10 percent lack of access to zero lack of access. But marginal improvements do matter. And I think we need to be very cautious and always bear in mind that the costs of regulation, the costs of the foregone service, in addition to the potential risks from a lack of regulation, it is two sides of the balance and they both need to be considered. Mr. Emmer. Amen. Mr. Chairman, at this point, I would respectfully yield the balance of my time to my colleague from Ohio, Mr. Davidson. Mr. Davidson. I thank the ranking member. Thanks for this extra question here. Mr. Sands, as you spoke, I thought of so many companies that I have met with and so many innovators I have met with who have been frustrated by the lack of regulatory clarity or the stigma that, frankly, bad actors have put on this innovative space. And their plea hasn't been for no regulation. Frankly, they have pled for some regulatory clarity. In fact, a lot of companies have left the United States, not to avoid our laws, but to find regulatory clarity so they can do the very things they have promised here in the United States but, frankly, for others. And so, as we think about the charter that we are talking about, or as we think about even raising capital, have you heard about this phenomenon? And then, when you think about the architecture that some, whether it is your firm or others in the space, have, what are the challenges of having this technology that maybe has a similar objective--faster payments, for example--but a different architecture? It seems to me that the regulatory framework has to allow for both in States, as consumer protection, for example, to happen, but maybe compliance is done in a different way. You deliver the protection in the firm, but you may be able to comply differently than somebody who maybe gets really good at printing off some more SARs and providing surveillance services for Federal agencies. Mr. Sands, could you address that? Mr. Sands. Absolutely. Thank you, Representative Davidson. I think one of the keys to success that we are--we haven't quite focused on, but it can't be underscored, is that, as I mentioned, I have been regulated by eight different regulators at a time. Even here at Lendistry, we have five different regulators. The convergence of multiple regulators at the same time is part of the secret to success of regulation. So I want us to always keep that in the forefront and think about that as we move into the future decisions. One of the things that we do need to make sure we think about with the OCC is that they kind of crawl, walk, run. Because if they step out by themselves without some, what I will call peers, it could change things. That being said, we do need to definitely think about how do we modernize and how do we think about the future. There is an amazing opportunity to grow GDP, grow tax revenue, and I think it is important, if we can do this correctly. Thank you, sir. Mr. Davidson. Thank you so much. Mr. Emmer, I yield your time back that I have fully consumed. Chairman Lynch. Okay. That concludes our witness testimony. I want to thank Mr. Carrillo, Mr. Sands, Professor Wilmarth, and Mr. Knight for your contributions, and your very thoughtful commentary. Just in conclusion, I do want to note that, without objection, the following letters will be placed into today's record: the Conference of State Banking Supervisors; the American Bankers Association; the Utah Department of Financial Institutions; the Center for Responsible Lending; the Electronic Transactions Association; and the National Association of Federal Credit Unions. The Chair notes that some Members may have additional questions for this panel, which they may wish to submit in writing. Without objection, the hearing record will remain open for 5 legislative days for Members to submit written questions to these witnesses and to place their responses in the record. Also, without objection, Members will have 5 legislative days to submit extraneous materials to the Chair for inclusion in the record. Hearing is now adjourned. Thank you, and please safe. [Whereupon, at 1:32 p.m., the hearing was adjourned.] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]