There has been a great deal of discussion recently about the new federal Consumer Financial Protection Bureau (CFPB), created last year as part of the Dodd-Frank Act. After being elected last year, long before former Ohio attorney general Rich Cordray was nominated to be CFPB director, I expressed my strong concerns about the impact that this new regulator would have on consumer choices and our economy. Because the appointment of a director activates major new powers to regulate everyday consumer transactions and Main Street businesses, I took the position that some commonsense reforms had to occur before I could vote to confirm a new director.
The CFPB has vast power to limit consumer choices on everything from buying a first home to paying for a college education. No other federal regulator has so much authority over personal economic decisions, with so little responsibility to answer to the American people and their elected representatives.
By law, the CFPB answers to no one, sets its own budget, is controlled by a single director, and cannot be restrained unless its regulations threaten the stability of the entire U.S. financial or banking system.
Imagine a local school board structured this way: a one-person board, appointed by the mayor, who can’t be fired, and who can spend millions of public dollars every year without the approval of taxpayers or elected officials. If you wouldn’t want this structure in a local school board, why would you want it for a powerful federal regulator?
When I was first elected, I stated clearly that the CFPB should be more responsible to the people it is intended to serve. That includes three basic reforms.
First, we should fund the CFPB through the normal appropriations process, as is the case for other financial regulators like the Securities and Exchange Commission and the Commodity Futures Trading Commission. Under current law, the CFPB will have access to an annual budget based on a percentage of Federal Reserve revenues. This means over $500 million a year with no control by our elected representatives over how that money is spent. The potential for abuse is obvious.
Second, rather than concentrate these expansive new powers in the hands of one person, we should create a multi-member board to run the CFPB, as is the case with most independent agencies, including the Consumer Product Safety Commission and Federal Reserve Board, to name a few. Alternatively, I would support making the director answerable to the president, as is the case with executive agencies like the Environmental Protection Agency and Department of Labor.
Finally, we should give federal bank regulators, such as the FDIC, a check to prevent CFPB regulations from causing bank failures that will hurt consumers.
Unfortunately, the White House has refused even to engage on the issue of reforming the CFPB, despite my personal efforts to reach out and come to an agreement on these sensible improvements. That is why I voted today against proceeding to the nomination of Mr. Cordray to serve as director.
As noted above, it is important to adopt these reforms before confirming a director because major new powers of the CFPB are triggered as soon as a new director takes office. As a recent Treasury Department Inspector General’s report explained, until a director is confirmed, the CFPB can generally exercise the power to regulate banks transferred by the Dodd-Frank Act from other federal agencies — but not the major new powers to regulate consumer transactions with Main Street businesses, where there is the greatest potential for regulatory excesses.
Checks and balances are central to the American constitutional tradition, and there’s no reason to exempt the CFPB. James Madison famously wrote that “if angels were to govern men, neither external nor internal controls on government would be necessary.” But human nature being what it is, Americans have always insisted on commonsense checks on powerful government agencies to prevent abuses of power.
I believe Mr. Cordray is a good public servant. The question whether to move forward with an appointment and trigger these new powers has never been about him. It is regrettable that the White House has refused even to discuss reforming the CFPB so that the Senate could consider his nomination on the merits. Now that the Senate has voted not to proceed on the nomination, I hope to be able to work with the administration and other interested senators to address these basic accountability reforms in order to find a way forward.
— Rob Portman represents Ohio in the U.S. Senate.
Repeal Dodd-Frank, eliminate the CFPB. Period.
What do you think we sent you to DC to do? Manage the all powerful socialist behemoth the Democrats imposed on us? NO!! We sent you there to eliminate it.
"First, we should fund the CFPB through the normal appropriations process" NO!!! First, defund it. Now. After Jan 2013, when we've thrown Obama out, you can repeal it. In the meantime, stop wasting our money funding this abomination.
"Second, rather than concentrate these expansive new powers in the hands of one person" Second, ask yourself whether the federal government should be granted all these powers in the first place. If your answer is anything other than "NO!!", please resign now so we can replace you with someone that represents the interests of the American people.
Finally, Repeal Dodd-Frank, repeal Obamacare, repeal Sarbanes-Oxley, or get out of the way and let us replace you with someone that will.
Reply to this commentLinkReport AbuseAmen!
Reply to this commentLinkReport AbuseIn the article the funding was explained to be "off-book". It is out of Congress' hands. This is created as a totally independent agency with no oversight at all.
The Founders considered each individual adult citizen (leaving out slaves, of course) a totally independent "agency" with very limited oversight. Would that the current crop in Washington thought that!
The agency is funded at a set percentage of the interest the Fed makes in a year. Congress has no say in the matter. The reason that the proposed director is opposed has nothing to do with him. It is all about the powers that are granted the new agency as soon as a director is appointed. None of it matters anyway. As soon as Congress recesses for Christmas, Obama will recess appoint Cordray (he clearly stated that yesterday). What we need is for The House to stay in session. Let the Jewish members go home for Hannakuh (which actually starts on the 20th I believe Mr. President) and have them back by the 24th so that the rest can go home for Christmas. Everybody back on the 26th. Let's see if they will do it.
Reply to this commentLinkReport Abuse"This means over $500 million a year with no control by our elected representatives over how that money is spent"
Stop the presses! $500 million? To do what? Hand down some nickle and dime regulations about how big the print should be on a loan contract?
Why does the federal government need to oversee "consumer protection" anyway? Aren't there federal and state banking regulations to cover most consumer credit issues? And isn't this new bureaucracy supposed to be the "solution" to not letting people get into subprime mortgages again?
$500 million to do what other agencies, at a variety of levels, should already be doing (not to mention the fact that people have resources at their finger tips to research all kinds of consumer issues THEMSELVES).
Reply to this commentLinkReport AbuseSenator-
If you oppose the law, you shouldn't "talk" to the administration, you should enact a new law repealing the law you oppose. Senate "nullification" of a duly enacted law is not something I recall being part of our Constitution. If I am mistaken, perhaps you could point to the Article and Clause where Senate nullification of enacted laws is contained in the Constitution.
So, stop blaming the Administration and get to work on repealing the law. That is the way you can accomplish something.
Reply to this commentLinkReport AbuseFirst of all, why do we need another agency and czar--repeal/eliminate the whole thing. Otherwise, you're part of the problem, the mindset that there must be a government fix/agency/program for everything. There plenty of laws on the books protecting against usury, fraud-in-lending, predatory lending practices and the like. Enforce them.
Reply to this commentLinkReport AbusePortman is your typical squish Republican. He's wants to spend his time tidying up big government. Pathetically, it's what he thinks the voters are calling for.
Reply to this commentLinkReport AbuseI've got a better common sense reform to prevent CPFB reform:
ABOLISH THE ABOMINATION
QUIT PASSING ENDLESS LAWS
QUIT DELEGATING THE LEGISLATIVE POWER TO UNACCOUNTABLE BUREAUCRATS
QUIT ALREADY
JUST FRIGGING QUIT
Reply to this commentLinkReport AbuseTypical, thinks that creating a bureaucracy will solve problems that may, or may not, exist. We need a clean sweep, get all the career politicians out of office. They can ride off into the sunset with their great, constantly increasing, pensions and their lifetime, nearly, free health care. We desperately need term limits.
Reply to this commentLinkReport AbuseHere is an idea.
Get 60 votes if you want to change the law. It took 60 votes to pass the law, it should take 60 votes to repeal it.
The fact is, as conservatives have shown, the filibuster enables the minority to sabotage the workings of government. It needs to go.
In the meantime, Democrats should NEVER compromise with Republicans on ANYTHING to do with the CFPB until they stop their reckless campaign of sabotage.
Reply to this commentLinkReport Abuse" It took 60 votes to pass the law, it should take 60 votes to repeal it." It does, do you really not know this?
"filibuster ... needs to go." You do realize the R's will have 53-55 Senate seats come Jan 2013, right? Without the filibuster, the whole marxist nightmare passed by Obama could easily by eradicated. We could eliminate the whole of LBJ's 'great society' and the whole socialist experiment FDR imposed on us too, with a simple majority.
Most propagandists for socialist tyranny want to get rid of the filibuster because they know it has blocked them from creating the all-powerful central government they so desire. Eliminating it on the eve of losing the majority in the Senate though, that would be spectacularly stupid. So, go ahead...
"compromise" The D's idea of compromise is for us to cave in and do what they want in exchange for nothing. Reagan found this out when he made a deal for spending cuts in exchange for tax hikes. The tax hikes took effect, the D's reneged on the spending cuts. Then, they did the same thing to Bush. I don't think you need worry much about compromise, there's not much left in the way of trust in the Senate - there simply are too few (if any) D Senators that are trustworthy.
Reply to this commentLinkReport AbuseActually, to pass a law, one needs three things to happen:
1. 218 representatives to vote aye
2. 60 senators to allow a vote and 51 to vote aye (or 50 plus the VP)
3. A president to sign the law.
So, to get rid of something Republicans don't like, they will have to have a clean sweep. It just won't happen. The Dems will never give up the filibuster now. I think we are looking at gridlock (and the downward spiral of our economy) for the forseeable future. As bad as one may think Dem economic policies are, they are better than doing nothing.
Reply to this commentLinkReport AbuseThe fillibuster is only bad when it thwarts liberal programs.
Reply to this commentLinkReport AbuseYeah, brilliant idea. In the present political environment, reduce the need to get at least some buy-in from the minority. We could start every new congress with a blanket repeal of everything the last Congress passed.
Do you people even think about what you're saying?
Reply to this commentLinkReport AbuseThank you for the DNC talking points, David.
Reply to this commentLinkReport AbuseI see that David is still pushing the line that Republicans are constitutionally obligated to do whatever Obama tells them to do.
Reply to this commentLinkReport AbuseThe REAL abuse is the abuse by Senator Portman and his colleagues to sabotage legislation that was adopted with by a super majority by abusing the privileges granted to the minority.
And this is why the filibuster has to go.
This country is ungovernable.
Reply to this commentLinkReport AbuseWe elected you to impede and repeal Dodd-Frank. If you can't, resign.
Reply to this commentLinkReport AbuseSen Portman, I'm a constituent of yours. You cannot possibly expect me to believe that your outrageous filibuster was in the name of consumer "protection." Really. I truly had no idea the depth of the GOP's passionate concern for consumers. This on the same day you're fighting to legalise cell phone telemarketing using minutes I'm paying for.
Do tell me more.
Reply to this commentLinkReport AbuseSenator Portman,
Stop the doggone filibuster. If there is ever a Republican president and 41 Democrats in the Senate, I don't think anything will ever pass.
You are a member the party of "no." Republicans never miss an opportunity to miss an opportunity.
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