[Congressional Record Volume 171, Number 64 (Wednesday, April 9, 2025)]
[House]
[Pages H1514-H1519]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  DISAPPROVING THE RULE SUBMITTED BY THE BUREAU OF CONSUMER FINANCIAL 
 PROTECTION RELATING TO ``DEFINING LARGER PARTICIPANTS OF A MARKET FOR 
          GENERAL-USE DIGITAL CONSUMER PAYMENT APPLICATIONS''

  Mr. HILL of Arkansas. Mr. Speaker, pursuant to House Resolution 284, 
I call up the joint resolution (S.J. Res. 28) disapproving the rule 
submitted by the Bureau of Consumer Financial Protection relating to 
``Defining Larger Participants of a Market for General-Use Digital 
Consumer Payment Applications,'' and ask for its immediate 
consideration in the House.
  The Clerk read the title of the joint resolution.
  The SPEAKER pro tempore. Pursuant to House Resolution 294, the joint 
resolution is considered read.
  The text of the joint resolution is as follows:

                              S.J. Res. 28

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That Congress 
     disapproves the final rule submitted by the Bureau of 
     Consumer Financial Protection relating to ``Defining Larger 
     Participants of a Market for General-Use Digital Consumer 
     Payment Applications'' (89 Fed. Reg. 99582 (December 10, 
     2024)), and such rule shall have no force or effect.
  The SPEAKER pro tempore. The joint resolution shall be debatable for 
1 hour equally divided and controlled by the chair and ranking minority 
member of the Committee on Financial Services or their respective 
designees.
  The gentleman from Arkansas (Mr. Hill) and the gentlewoman from 
California (Ms. Waters) each will control 30 minutes.
  The Chair recognizes the gentleman from Arkansas.


                             General Leave

  Mr. HILL of Arkansas. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and include extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arkansas?
  There was no objection.
  Mr. HILL of Arkansas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in strong support of this resolution to 
overturn the Consumer Financial Protection Bureau's deeply flawed final 
rule on larger participants in general-use digital payment 
applications.
  It sounds complicated, Mr. Speaker, but it is not. This is a midnight 
rule created by the Consumer Financial Protection Bureau. It is overly 
broad, and it is imprecise. It treats a wide variety of digital payment 
applications, peer-to-peer apps, digital wallets, and e-commerce tools, 
as though they are identical simply because they facilitate payments 
and serve a large numbers of users.
  However, these products are not the same. They serve different 
models, operate under different rules, and pose different kinds of 
consumer risks.
  This kind of regulatory overreach is bad enough on its own, but what 
makes this rule especially concerning is the process by which it was 
created. The CFPB's approach to carry out this rulemaking is a clear 
example of undemocratic and unjustified action. The CFPB gave the 
public just 30 days to comment on this proposal. That is 30 days for 
businesses across the country, Members of Congress, State regulators, 
and the public to weigh in on a rule that has potentially profound 
consequences for digital commerce, one of the most rapidly growing 
portions of Financial Services and FinTech.
  In addition, the Bureau rushed to finalize the rule in the waning 
days of the Biden administration, ignoring much of the stakeholder 
feedback and pushing it through to try and insulate it from future 
scrutiny or reconsideration.
  Now, this is not the first time that the CFPB has issued rules 
without sufficient transparency or process. In fact, Members on both 
sides of the aisle during my years in Congress have routinely 
criticized the CFPB for rushing matters, not following the process, not 
giving the public sufficient time to criticize and critique its 
proposals. However, Mr. Speaker, this needs to be the last time that 
the CFPB does this.
  In a post-Chevron deference world, Congress must step in and assert 
our Article I authority over independent agencies that stray beyond 
their statutory authority, bypass the legislative process, and 
undermine the public trust.
  Let's be clear: There is no apparent evidence of widespread consumer 
harm that justifies this rule. There is no demonstrated market failure 
here. What we have instead is an agency stretching its mandate in a way 
Congress never intended.
  By allowing this final rule to remain intact, we are affirming that 
scale alone justifies the regulation, meaning size and scope alone 
justifies the regulation regardless of the conduct, the risk, or harm 
to a consumer.
  This CFPB approach violates decades of balanced principles in 
assessing and implementing regulations in finance. It certainly is not 
the barometer that Congress intended for the CFPB to use when 
interpreting their authorities.
  This is not responsible, risk-based regulation. It is a shortcut to 
control, applied without the justification that both consumers and 
innovators deserve.
  Some may try to frame this argument as a gift to Big Tech. That is a 
distraction. This is not about defending large companies. This is about 
defending good governance, our legislative authority, and the public's 
right to be part of major and costly regulatory decisionmaking.

                              {time}  1230

  If we allow this rule to stand, we are setting a dangerous precedent, 
one where Federal agencies can bypass Congress, ignore public input, 
and rewrite rules largely behind closed doors. This is a precedent that 
we cannot afford to set, regardless of who is in the White House or who 
is in the crosshairs.
  Mr. Speaker, the CFPB operated without accountability or 
transparency. It has undermined consumer protections, stifled 
innovation, and eroded public trust.
  I encourage my colleagues to support this resolution and reassert the 
proper role of Congress in setting the regulatory agenda and shaping 
sound financial policy.
  Mr. Speaker, I reserve the balance of my time.
  Ms. WATERS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong opposition to S.J. Res. 28, a 
partisan Congressional Review Act resolution that will block the 
Consumer Financial Protection Bureau from supervising payment apps 
offered by Big Tech firms like Apple and Google.
  Before I explain why this resolution is bad, let us not ignore that 
President Trump and co-president Musk are tearing down key government 
agencies and programs as we speak, like the CFPB and Social Security.
  Last week, the President launched a global trade war against the rest 
of the world, including our friends, resulting in a record 2-day loss 
of $6.6 trillion in wealth. Fed Chair Powell warned that these tariffs 
will lead to higher inflation and job losses.
  Later today, Republicans will try to pass the President's budget that 
is loaded with $7 trillion in tax cuts for Musk and the other Big Tech 
billionaires, all while they are slashing Medicaid by $880 billion and 
walking into our agencies and firing employees, some who have been 
working at these agencies for 10, 15, 20 years, telling them to get out 
by 5 o'clock.

[[Page H1515]]

  I absolutely respect the chair of the Committee on Financial 
Services, Mr. Hill, and what he does, but to talk about good 
government, he is absolutely defending what nobody would consider good 
government. We are in a chaotic position in the government of the 
United States of America. This is the worst we have ever seen. We have 
never seen anything like this. As a matter of fact, I think it is a 
coup d'etat.
  I am here today because instead of considering bills to lower costs 
for consumers, Republicans have called up yet another bill to help out 
the richest man on the planet, the richest man on the planet who is a 
friend of Mr. Trump's, who has not been elected by anybody and who is 
absolutely controlling our government now. He is controlling the firing 
of people and the destroying of agencies. All of that is being done by 
an unelected billionaire who is intent on changing this government in 
ways that make it look like a dictatorship.
  Notably, this resolution will shield Elon Musk's X app, which will 
soon get into the payments business, from supervision and oversight by 
the CFPB.
  The CFPB oversees the largest banks and the services they provide to 
consumers, including their payment apps. However, until the larger 
participant rule was issued, the CFPB did not have the authority to 
supervise and examine the payment platforms of Big Tech companies.
  In 2024, the CFPB leveled the playing field between big banks and Big 
Tech. This rule was necessary because Big Tech and other nonbank firms 
have increasingly offered mobile wallets and payment apps for consumers 
to use.
  While the same consumer protection laws that apply to the banks do 
not apply to these big Big Tech firms, it is critical that the Consumer 
Financial Protection Bureau examine them to ensure that they, too, are 
following the law. This will help the Consumer Financial Protection 
Bureau oversee these great Big Tech apps to protect the millions of 
consumers who use them and their digital wallets from fraud, to 
safeguard their sensitive personal data, and to prevent unfair, 
deceptive, or abusive practices.
  Let's be clear. The Consumer Financial Protection Bureau's rule that 
Republicans want to repeal by passing S.J. Res. 28 imposes no new 
standards on these big, large payment apps. CFPB's rule simply allows 
the government to check these companies are following the law--the very 
law that Congress passed to give the Consumer Financial Protection 
Bureau the authority to examine the largest Big Tech participants.
  Payment fraud is at an all-time high, and these payment apps play a 
big role in that increase. I have received more and more complaints 
from constituents who have been tricked, scammed, and defrauded out of 
their hard-earned money on these payment apps. Consumer use of payment 
apps is only increasing, with lower income households experiencing a 
disproportionate share of complaints.
  Between 2018 and 2021, fraud-related complaints involving Venmo, Cash 
App, and other payment apps surged by over 460 percent while financial 
losses skyrocketed by more than 360 percent.
  Candidly, we should be working together across the aisle to tackle 
this rise in payment fraud, not undermining the authority of the agency 
that can enforce the law. This should not be a partisan issue.
  Instead, Democrats have to fight back against both Trump's efforts to 
kill the Consumer Financial Protection Bureau and Republican efforts to 
gut the authorities of the Consumer Financial Protection Bureau. I am 
hopeful that we are making progress in stopping these efforts to 
protect big Big Tech and predatory lenders.
  A district court judge blocked the Trump administration from 
dismantling the Consumer Financial Protection Bureau before the 
administration appealed the ruling, and even this terrible resolution 
before us received bipartisan opposition in the Senate.
  Mr. Speaker, as we stand here and discuss these anticonsumer CRAs 
today, our constituents are deeply concerned about losing Social 
Security and Medicaid because of Elon Musk's reckless cuts to 
government. Families and businesses across America are struggling as 
Trump raises taxes on Americans nationwide through tariffs.

  It makes no sense to pass legislation that eliminates oversight of 
these big Big Tech apps while millions of people are being defrauded, 
scammed, and basically ripped off.
  We see this bill for what it is: a thank-you gift to Elon Musk and 
other Big Tech billionaires who came to Trump's rescue during the 2024 
election. We all saw them front and center at Trump's inauguration. You 
saw those billionaires accompanying him. Why are all the billionaires 
getting together? They are getting together because they don't want to 
pay more taxes. They want to get rid of employees who are providing all 
kinds of services to the constituents of this country in order for the 
richest people in the country to pay less taxes. Well, all of them run 
companies that will directly benefit from passing this resolution.
  Enough is enough.
  I urge Members of this House to show some courage and stand up for 
consumers. Stand up for the rule of law and reject this harmful 
legislation.
  Mr. Speaker, I have a lot more to say, but I reserve the balance of 
my time.
  Mr. HILL of Arkansas. Mr. Speaker, I yield myself such time as I may 
consume.
  I absolutely think Members of this House should stand up for the rule 
of law starting with Article I, the legislative authority that we draft 
the statutes here and direct the independent agencies how to do their 
rulemakings, under what conditions to do their rulemakings, how to 
evaluate their rulemakings, and what is a reasonable amount of time to 
get public input.
  We have the right, on behalf of the elected Representatives of the 
American people, to let our voices be known when a nonelected, to quote 
my good friend, the gentlewoman from California (Ms. Waters), unelected 
bureaucrat chooses to step beyond the bounds of the statute and do 
something not in keeping with process.
  Mr. Speaker, I yield 5 minutes to the gentleman from Nebraska (Mr. 
Flood), my good friend, who serves as the subcommittee chair for the 
Housing and Insurance Subcommittee.
  Mr. FLOOD. Mr. Speaker, I thank Chairman Hill for his attentiveness 
to this issue, and I thank my colleague in the Senate, my co-lead, 
Senator Pete Ricketts from Nebraska, for championing this effort and 
getting the resolution through the U.S. Senate in record time, in less 
than a week. He beat us to it.
  There are a lot of reasons to support this resolution eliminating the 
larger participant rulemaking from the CFPB.
  Number one--think about this--the CFPB finalized this rule in the 
eleventh hour in January days before the transfer of power, well after 
other agencies stopped their rulemaking.
  Number two, the rule itself is effectively a regulatory power grab by 
the CFPB's outgoing Biden nominee, Mr. Chopra. By designating companies 
engaged in payments activities as larger participants, the Bureau will 
get to expand their examination authority over an amorphous and ill-
defined group of firms with payment tools. Given their track record, I 
think it is fair to say that we should not be supporting greater exam 
reach of the CFPB.
  I don't want our concerns to remain abstract. Let's take a look at 
some of the practical effects that CFPB examination would have over 
these payment firms.
  First, let's take a look at some of the problems with how the rule 
actually distinguishes who is and is not a larger participant in 
payments. The rule does not only apply to tools where consumers are 
using wallets to exchange funds on a peer-to-peer basis. It also 
applies to any number of payment intermediaries that assist small 
businesses and merchants.
  For example, express checkout tools would be affected by this 
rulemaking. Let's say you want to buy an item on the website of a small 
retailer in Lincoln, Nebraska. If that website allows interfacing with 
express checkout tools, as many do, then you are going to see the 
effects from this rulemaking on their ability to easily accept payments 
from their customers.
  Congress aside, everybody in this room should fear what happens at my 
house when my wife does not have access to express checkout.

[[Page H1516]]

  According to a survey from the Small Business and Entrepreneurship 
Council, 53 percent of small business owners use express checkout 
tools. When asked whether express checkout services help their business 
succeed, 94 percent of small businesses agreed that the online payment 
tool is boosting their businesses' growth.
  Yet, despite the obvious potential for Main Street and small business 
effects from this rulemaking, the CFPB failed to conduct any 
substantive analysis of the effects this rulemaking would have on small 
businesses or even conduct a sufficient cost-benefit analysis of the 
rulemaking more broadly.
  The reason was the Bureau was less interested in the cost of the rule 
than in expanding their own regulatory reach. This rule is a perfect 
example of regulate first, ask questions later. That was the approach 
of Director Chopra.
  Ultimately, this style of regulation is going to chill innovation and 
hurt the smallest players that depend on these technologies to compete 
with the big guys.
  Mr. Speaker, I include in the Record a letter signed by myself and 19 
Financial Services Committee Republicans to Director Chopra in 2023.

                                Congress of the United States,

                                 Washington DC, December 18, 2023.
     Hon. Rohit Chopra,
     Director, Bureau of Consumer Financial Protection, 
         Washington, DC.
       Dear Director Chopra: We write today to express our concern 
     with the Consumer Financial Protection Bureau's (CFPB) 
     proposed rule subjecting large participants within the 
     general-use digital consumer payment application industry to 
     CFPB supervision. Innovation is the driving engine of the 
     American economy and the proposed rulemaking's broad scope 
     will have significant consequences on the ability for nonbank 
     firms to offer innovative products and services and for 
     consumers to benefit from competition in the market.


                         scope of the proposal

       Under the proposed definition and criteria, the CFPB 
     estimates that 17 market participants would be affected by 
     this rule. However, the Bureau fails to identify which firms 
     comprise that number, or to provide specific criteria that 
     would enable market participants to determine the firms 
     captured by the rule. It is essential that businesses and 
     consumers understand the implications of this proposal to 
     enable them to provide comprehensive feedback on its impact.
       Further, it is important to clearly delineate the extent of 
     the rulemaking's scope. In its current form, the proposal 
     leaves open the possibility that entities far outside the 
     market for general-use digital consumer payment applications 
     will be captured. For example, the proposal specifies that 
     the CFPB's supervisory authority ``is not limited to the 
     products or services that qualified the person for 
     supervision.'' This suggests the rule will have no 
     boundaries, which is unacceptable and will create significant 
     uncertainty.
       While the proposed rule contains certain exclusions, these 
     exclusions further confuse the intended scope of the 
     proposal. For example, the definition of a covered consumer 
     payment transaction excludes ``[a] payment transaction 
     conducted by a person for the sale or lease of goods or 
     services that a consumer selected from an online or physical 
     store or marketplace operated prominently in the name or such 
     person or its affiliated company.'' While this exclusion 
     seems to cover transactions between consumers and merchants 
     using a merchant's own payment software, the proposal later 
     states the exemption for merchants would not apply, ``if a 
     merchant or online marketplace's digital consumer application 
     stores, transmits, or otherwise processes payments or 
     financial data for any purpose other than initiating a 
     payments transaction by the consumer.'' When combined, these 
     two provisions within the rule create further ambiguity 
     regarding the scope of the proposal for merchants. Without a 
     meaningful exclusion for merchants, the Bureau's authority 
     could extend from players in consumer payments directly to 
     merchants across the country.
       As you know, third party point of sale technology is used 
     largely by small businesses, and the frequency with which 
     small businesses are accepting digital payments is 
     increasing. With this in mind, the CFPB should consider the 
     impact this rule will have on the merchants that rely on 
     electronic payment services to process payments. The 
     rulemaking could have serious implications for small 
     businesses and sole proprietors across the country, and we 
     believe the CFPB should carefully assess the rule in this 
     context.
       Furthermore, we are concerned the CFPB neglected to fully 
     consider the impact of increased compliance costs. The 
     proposed rule states, ``the CFPB lacks detailed information 
     with which to predict the extent to which increased costs 
     would be borne by providers or passed on to consumers, to 
     predict how providers might respond to higher costs, or to 
     predict how consumers might respond to increased prices.'' 
     However, with no analysis conducted on the compliance costs 
     of the proposal, the rule later certifies that the proposal 
     ``would not have a significant economic impact on a 
     substantial number of small entities.'' The inability to 
     track the costs of compliance of this proposal, and how it 
     would be passed down to small entities, paired with an 
     assurance that the rule will not have a significant effect on 
     those same entities is alarming. If the Bureau believes small 
     entities will not be significantly affected by the rule, it 
     should provide the evidence it uses to support that claim.


                             digital assets

       Lastly, we also have concerns regarding the rule's 
     applicability to digital assets and digital asset wallet 
     providers. The proposed rule indicates that the purchase of a 
     crypto asset using fiat currency would be exempted by the 
     rule. However, the rule includes digital assets in its 
     definition of ``funds.'' Taken together, these two provisions 
     raise many questions, including what crypto asset 
     transactions would be included in the rule and whether the 
     rule extends to certain wallet providers.
       The CFPB's proposed rule also comes as other jurisdictions 
     are pushing to promote both competition and innovation in 
     payments. Given the CFPB's track record of overreach, we 
     strongly urge the Bureau to refrain from exceeding its 
     authority and instead, commit to clarifying and narrowing the 
     scope of this rule. Given the breadth of the proposal and 
     ambiguity regarding its applicability, we urge the Bureau to 
     extend the comment period for an additional 30 days. This 
     additional time will give market participants the opportunity 
     to provide comprehensive feedback.
           Sincerely,
         Patrick McHenry, Chairman, House Committee on Financial 
           Services; Mike Flood, Andy Barr, Tom Emmer, Dan Meuser, 
           Byron Donalds, Young Kim, Scott Fitzgerald, French 
           Hill, Ann Wagner, Bryan Steil, William R. Timmons, IV, 
           Erin Houchin, Michael V. Lawler, Alex X. Mooney, Andy 
           Ogles, Andrew R. Garbarino, Zach Nunn, Barry 
           Loudermilk, Ralph Norman, Members of Congress.

  Mr. FLOOD. Mr. Speaker, in addition, the Bureau has consistently 
tried to imply their authority would not only apply to tech companies, 
but there is a chance they could bring merchants into their regulatory 
purview as well. The general counsel of the CFPB said in a speech 
during Director Chopra's tenure that merchants might be implicated as 
large payment players in the future if they aren't mom-and-pops.
  Last year, in response to a question on the record from me on this 
topic, the Director made the case that a merchant that incorporates 
payment capabilities directly into a website could potentially blur the 
lines between banking and commerce and, therefore, be subject to the 
CFPB oversight in the future.

                              {time}  1245

  However, Dodd-Frank explicitly calls for an exclusion for the 
merchants from the CFPB's regulatory purview. That idea that a merchant 
engaging in a commercial financial activity due to payment activities 
in a merchant's own store or website is outright ridiculous, and it 
represents yet another expansion of the CFPB's rapidly growing 
authority.
  Finally, I would like to highlight another major concern with CFPB 
examination authority of these firms and what it would bring. The firms 
within the scope of this rulemaking are payments firms, but some of 
these firms also have a social media element to their businesses.
  If we fail to act here in Congress, there will be career bureaucrats 
from the CFPB with the authority to examine some of the most 
influential social media companies in the country behind the scenes.
  Do any of us really think that a liberal CFPB examiner would restrict 
their comments to only a social media company's payment activities?
  Are we sure that they wouldn't provide some ``feedback'' on the free 
speech policies of Meta or X?
  Leaving this rulemaking in place could provide the next Democratic 
administration with the tools that they need to more directly influence 
even social media.
  Ms. WATERS. Mr. Speaker, I yield myself such time as I may consume.
  It is interesting that my friend, Chairman Hill, raised process 
concerns over the CFPB, Consumer Financial Protection Bureau, rule that 
would include following the Administrative Procedure Act.
  Mr. Speaker, really? This doesn't make good sense.
  Shouldn't Trump, Elon Musk, and DOGE minions have to follow the law?

[[Page H1517]]

  Let me be clear. It is unconstitutional for the President to delete 
the Consumer Financial Protection Bureau or any other agency without 
congressional approval.
  Mr. Speaker, I yield 4 minutes to the gentleman from California (Mr. 
Sherman), who is also the ranking member of the Subcommittee on Capital 
Markets.
  Mr. SHERMAN. Mr. Speaker, we are here to deal with two regulations, 
the first dealing with payment systems, and the second dealing with 
overdraft protection. In both cases, I came here for the entertainment 
value to watch Republican after Republican tell us how much the 
majority doesn't trust the Trump administration. It is as if Trump 
doesn't control the CFPB.
  Mr. Speaker, the regulation we are considering now is just a 
regulation that says that this is an area we are going to look at. 
Republicans are afraid the Trump administration will look at it. It 
doesn't do anything except begin a process.
  Mr. Speaker, as to both of these CRAs, the effect is not only to 
erase what was done under the Biden administration but prohibit the new 
administration from adopting any consumer protection. That is because 
my colleagues on the other side of the aisle want zero consumer 
protection and the Trump administration to have an excuse.
  The excuse is: Congress passed the CRA. We are prohibited from 
writing a regulation in that area.
  The Republican administration could rewrite these rules. Congress 
could overwrite these rules. Instead, we are erasing the rules and 
prohibiting other rules from being there.
  Mr. Speaker, I spent this morning being told that we need to have 
cryptocurrency because it is going to be this great payment system and, 
for some reason, the payment systems that use U.S. dollars aren't good. 
Now I am here on the floor being told that Venmo and its competitors 
are so wonderful that there should be absolutely no regulation.
  On the one hand, we have to create a new currency for drug dealers, 
and, on the other hand, the current system using the U.S. dollar 
shouldn't even be regulated because it is perfect.
  Why do we need to regulate here? First, to prevent excessive fees; 
second, to prevent deception; but, third--and this is obvious--to 
prevent the loss of consumer money.
  Venmo is holding $7 billion of consumers' money. If you have a tiny 
bank that is one-tenth or one-hundredth the size of Venmo, you have to 
make sure that you have reserves. You can't take the money to the horse 
races. Yet, Venmo can do anything with the money. If they lose the $7 
billion, you as a consumer are out of luck, and Trump can say: It 
wasn't my fault because Congress prohibited us from having prudential 
regulations.
  If an entity in the transactions business is going to hold $7 billion 
of consumers' money, shouldn't we at least make sure that the money is 
still there, and shouldn't we make sure that they don't engage in 
Botswana currency swaps and others with the highest risk transactions 
they can find to perhaps make a lot of money or lose all of the 
consumers' money. Heads, I win. Tails, the consumers lose.
  Mr. Speaker, I will take 1 minute or 2 to talk about the other 
regulation because, after Members vote against the first of these 
resolutions, you are going to feel so good that you are going to want 
to vote against the second one.
  This is the one that limits overdraft fees to $5 for the big banks, 
the 175 biggest banks, or they can charge what their actual cost is if 
it is more than $5. It requires disclosure of what these overdraft fees 
are going to be.
  It will save American consumers $6.1 billion every year. If we are 
concerned about inflation, why shouldn't we tell the banks that 
overdraft is not a profit center? They can recover their costs or maybe 
a little bit more, but they don't turn to the consumer and say: You 
were so dumb that you had an overdraft, so we are going to hit you with 
a wild fee.

  The SPEAKER pro tempore (Mr. Crawford). The time of the gentleman has 
expired.
  Ms. WATERS. Mr. Speaker, I yield an additional 30 seconds to the 
gentleman from California.
  Mr. SHERMAN. Mr. Speaker, do not vote to prohibit regulation of 
payment systems. Do not vote to prohibit limitations on overdraft 
protection. Do not vote to allow $6.1 billion to be transferred from 
constituents to the biggest banks in the country. Vote ``no,'' and then 
vote ``no'' again.
  Mr. HILL of Arkansas. Mr. Speaker, I reserve the balance of my time.
  Ms. WATERS. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Texas (Ms. Garcia).
  Ms. GARCIA of Texas. Mr. Speaker, I thank the ranking member for 
yielding me time.
  Mr. Speaker, the Consumer Financial Protection Bureau, known as CFPB, 
was created for one reason: to protect everyday people from getting 
ripped off, especially when tech companies start acting like banks.
  If a tech company wants to be trusted with your money, it should play 
by the same rules as any bank. That is what the CFPB was doing. It was 
making sure the rules apply to everyone.
  Yet, Elon Musk doesn't want to follow the rules. He wants to turn X, 
formerly known as Twitter, into a payment platform without any 
accountability and no rules. If you get scammed, that is too bad. No 
refunds, nothing, nada.
  The people who will get hurt are those people like in my district who 
I represent: young people, working families, and folks just starting to 
save for the future. We are fighting to protect them because the CFPB 
isn't just a watchdog. It is a lifeline.
  We are not going to stand by while Donald Trump, Elon Musk, and their 
billionaire buddies try to kill it.
  Mr. HILL of Arkansas. Mr. Speaker, I yield 1 minute to the gentleman 
from North Carolina (Mr. Moore), the distinguished former speaker of 
the house of North Carolina, who is a new member of the House Committee 
on Financial Services.
  Mr. MOORE of North Carolina. Mr. Speaker, I thank the chairman for 
yielding me time.
  Mr. Speaker, I rise today in support of S.J. Res. 28, a joint 
resolution to overturn the CFPB's final rule targeting larger 
participants in general-use digital consumer payment applications.
  This rule is a textbook case of regulatory overreach. It stems from a 
flawed process and applies an overly broad approach that blurs 
important distinctions between very different products and services in 
the digital economy.
  Rather than taking a thoughtful and tailored approach, the CFPB opted 
for a sweeping rule that treats all digital payment services as if they 
are the same, ignoring critical differences that matter for both 
consumers as well as providers.
  When regulators fail to distinguish fundamentally different products, 
they don't just risk getting it wrong, but they guarantee it. The 
digital economy is too important and evolving too quickly for blanket 
policies built on vague definitions and rushed processes. We need 
thoughtful, targeted oversight that reflects reality, not a one-size-
fits-all mandate that will do more harm than good.
  Mr. Speaker, I thank Congressman Flood and Chairman Hill for their 
work on this resolution, and I urge my colleagues to support this 
resolution.
  Ms. WATERS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, CFPB's larger participant rule does not apply any new 
consumer protection standards. It only helps the Consumer Financial 
Protection Bureau ensure that Big Tech companies comply with the laws 
they must already follow.
  Both banks and nonbanks are already subject to Federal consumer 
financial protection laws, but Consumer Financial Protection Bureau 
supervision is a key tool to ensure that Big Tech follows the law and 
does not misuse consumer data and that consumers are not being scammed, 
defrauded, or unlawfully debanked.
  This rule allows the Consumer Financial Protection Bureau to also 
conduct routine exams of the 17 largest nonbank payment apps that 
facilitated $12.8 billion payment transactions in 2021 with a total 
dollar value of about $1.7 trillion.
  This is not the first time the Consumer Financial Protection Bureau 
has used this authority in this way. The Consumer Financial Protection 
Bureau previously issued five larger participant rules to examine the 
largest

[[Page H1518]]

nonbanks with respect to consumer reporting, consumer debt collection, 
student loan servicing, international money transfers, and automobile 
financing.
  Why should Big Tech get special treatment? Why should they be treated 
any differently?
  Our colleague, the gentleman from Nebraska (Mr. Flood), claimed that 
the Consumer Financial Protection Bureau did not conduct sufficient 
cost-benefit analysis for this rule, but that is not accurate. There 
are more than 30 pages of highly detailed cost-benefit analysis, and 
the gentleman just doesn't like it.
  Mr. Speaker, we know that side of the aisle wishes to kill the 
Consumer Financial Protection Bureau. Republicans have tried in every 
way possible. Yet, this side of the aisle maintains that our 
constituents send us here to represent them. Consumers need somewhere 
to make complaints. Those complaints need to be investigated. 
Organizations need to be fined if those operations or organizations are 
abusing them or misusing them.

  Mr. Speaker, as we debate this issue, I remind everyone what is truly 
happening. Through this CRA, Republicans are opening the door for 
President Trump and co-president Musk to further enrich themselves and 
all of their business ventures with their own digital payment systems, 
including X and Trump's new payment system, Stablecoin.
  Mr. Speaker, this is a point that everybody should pay attention to: 
The President of the United States and his family have created their 
own crypto companies. In addition to that, in the middle of us trying 
to negotiate on Stablecoin to come to some agreement about guardrails 
to protect the average investor, he has now founded a new company where 
he is going to own Stablecoin.
  As a matter of fact, Republican efforts to dismantle and weaken the 
CFPB's authority allows Trump and Musk's companies to conveniently 
avoid the CFPB's oversight and supervision.
  When I was chair of the Committee on Financial Services, Democrats 
held Big Tech companies to account, including convening a hearing with 
Facebook CEO Mark Zuckerberg over his plans to develop cryptocurrency 
called Libra.
  Moreover, when Democrats led passage of the Dodd-Frank Act, we 
empowered the CFPB to supervise any large nonbank, including Big Tech, 
when they facilitate payments or offer financial products to consumers 
to ensure that consumers are always protected, no matter who they are 
dealing with.
  Mr. Speaker, what we are dealing with now through Trump's and Musk's 
unapologetic conflicts of interest and self-profiteering poses far 
greater risks.

                              {time}  1300

  The Consumer Financial Protection Bureau is extraordinarily 
important. We worked hard for consumers to have somewhere to go when 
they have complaints about being ripped off. Why is it that we would 
have any Member of Congress in any way oppose protecting our consumers? 
I can't answer that. I don't know why.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HILL of Arkansas. Mr. Speaker, I am prepared to close, and I 
reserve the balance of my time.
  Ms. WATERS. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, Seth Frotman, CFPB's former general counsel and student 
loan ombudsman summed up our current situation well. He testified: 
``You, your family, your neighbors, and your community are at risk 
today because President Trump, Elon Musk, and Russell Vought have 
corruptly handed over the keys of our Nation's consumer watchdog to the 
largest banks and tech companies in the world. What is happening at the 
Consumer Financial Protection Bureau is an insult--to Congress, to the 
rule of law--to all of us.''
  ``When you look past the rhetoric--the deceptively labeled bills 
touting through-the-looking-glass `reform'--what is going on in the 
executive branch, alongside what is being talked about here in 
Congress, really boils down to the one time-tested proposition: Which 
side are you on?
  ``If you are going to stand idly by when the Nation's consumer 
watchdog is decimated--if you push a legislative agenda of more junk 
fees, abusive medical debt collection practices, Big Tech domination, 
and predatory lending--then the answer is pretty clear.''
  Mr. Speaker, S.J. Res. 28 is opposed by nearly 200 consumer, civil 
rights, religious, and good governance organizations. It was also 
opposed by a bipartisan group of Senators. I urge my colleagues to vote 
for American consumers, not the unelected Elon Musk and other Big Tech 
oligarchs and billionaires that are just waiting to take over this 
country. Vote ``no'' on this bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HILL of Arkansas. Mr. Speaker, I yield myself the balance of my 
time.
  Mr. Speaker, let me say that, again, we are talking about unelected 
bureaucrats in an agency that is not following the strict direction of 
Congress and have overreached in how they have proposed this rule at 
the last minute at the end of the Biden administration. It is truly a 
midnight rule with limited comment period.
  Mr. Speaker, 30 days is the minimum under anybody's consideration of 
a fair-minded Administrative Procedure Act comment period. Yet, 
everything you read says that it should be extended if market 
participants feel like they haven't been heard, and 30 days at the end 
of an administration over the holiday period at the end of the year is 
not sufficient time for Members of Congress, market participants, 
consumers, and others to weigh in. I do have process concerns about how 
the former director of the CFPB carried on this particular proposal.
  Secondly, my colleagues have talked about the substance of it and how 
it is confusing and steps beyond, again, the mission and the direction 
by Congress to the CFPB.
  My good friend from California (Ms. Waters), the ranking member of 
the full committee, referenced several other large participant-type 
rules that had been proposed by the CFPB, but they were in discrete 
market segments.
  Mr. Speaker, this is actually one of the biggest concerns about this 
proposal. It is a wide variety of digital payment services from peer-
to-peer apps, to a digital wallet, to e-commerce tools, like the 
gentleman from Nebraska talked about, as if they are identical simply 
because they facilitate a certain number of payments, but they are not 
substantively the same. They can't be treated identically. That is a 
huge flaw in this rule.
  Mr. Speaker, I reiterate my support for Mr. Flood's support of S.J. 
Res. 28. He has worked hard on this with Senator Ricketts from his home 
State of Nebraska. They stand on the facts that a vote for this 
resolution is a vote to prevent the CFPB from stifling financial 
innovation with its one-size-fits-all approach and limiting customers' 
access to increased access to financial payments.
  Nonbank providers of digital payments are already being regulated at 
both the State and the Federal levels. American consumers did not 
petition us, Mr. Speaker, to intervene in this way at the last minute 
in the waning days of the Biden administration. Of all the CFPB's 
annual complaints that they collect year in and year out, less than 1 
percent even touch on this market.
  This Congressional Review Act will overturn last-minute rulemaking 
from the Biden-Harris administration and ensure that consumers have 
access to innovative financial products.
  Mr. Speaker, I urge all my colleagues on both sides of the aisle to 
support S.J. Res. 28, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Knott). All time for debate has expired.
  Pursuant to House Resolution 294, the previous question is ordered on 
the joint resolution.
  The question is on third reading of the bill.
  The joint resolution was ordered to be read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on passage of the joint 
resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. HILL of Arkansas. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.

[[Page H1519]]

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

                          ____________________