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Mulvaney urges Congress to strip agency's powers

Mulvaney urges Congress to strip agency's powers
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The acting director of the Consumer Financial Protection Bureau (CFPB) asked a House committee Wednesday to rein in the agency’s power to police the financial sector.

Mick MulvaneyMick MulvaneyHeadhunters having hard time finding jobs for former Trump officials: report Trump holdovers are denying Social Security benefits to the hardest working Americans Mulvaney calls Trump's comments on Capitol riot 'manifestly false' MORE, who is also the White House budget director, urged the House Financial Services Committee to impose several new restrictions on the bureau. He said lawmakers need to take control of the agency’s funding, make his successors fireable at will by the president and install an inspector general, among other things.

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"It's not accountable to you. It's not accountable to the public. It's not accountable to anybody but itself," Mulvaney said of the CFPB, telling lawmakers to “take back authority as the legislature of the country.”

Republicans showered praise on Mulvaney’s efforts to pull back the CFPB, an agency they’ve long accused of violating the law and abusing its powers to wage a crusade against financial institutions. 

“It is sheer irony and great comic relief to see the wailing and gnashing of teeth of many of my Democratic colleagues who now denounce the unaccountable nature of the CFPB, but only because now a Republican is in control,” said House Financial Services Committee Chairman Jeb HensarlingThomas (Jeb) Jeb HensarlingLawmakers battle over future of Ex-Im Bank House passes Ex-Im Bank reboot bill opposed by White House, McConnell Has Congress lost the ability or the will to pass a unanimous bipartisan small business bill? MORE (R-Texas). 

“I ask, ‘Where have you been?’ ”

Democrats who long resisted GOP efforts to change the CFPB ripped Mulvaney for his efforts to ease off its historically aggressive enforcement. Some of them even refused to recognize him as the bureau’s acting chief.

“Mr. Mulvaney is not the acting director of the Consumer Financial Protection Bureau,” said Rep. Maxine WatersMaxine Moore WatersThe tale of the last bipartisan unicorns Tulsa marks race massacre centennial as US grapples with racial injustice Fauci may have unwittingly made himself a key witness for Trump in 'China Flu' hate-speech case MORE (Calif.), the committee’s ranking Democrat. “He was illegally appointed by President TrumpDonald TrumpChinese apps could face subpoenas, bans under Biden executive order: report Kim says North Korea needs to be 'prepared' for 'confrontation' with US Ex-Colorado GOP chair accused of stealing more than 0K from pro-Trump PAC MORE.”

Even so, Waters said that Democrats needed to press Mulvaney on the “impactful and indeed harmful decisions” he has made in his nearly five months leading the agency.

Trump appointed Mulvaney as acting CFPB chief in November following the resignation of Richard CordrayRichard Adams CordrayDennis Kucinich jumps into race to be Cleveland mayor Biden administration reverses Trump-era policy that hampered probes of student loan companies On The Money: IRS to start monthly payments of child tax credit July 15 | One-fourth of Americans took financial hits in 2020: Fed MORE (D), the bureau’s first director. Cordray had sought to choose his temporary heir by elevating Leandra English, then his chief of staff, to the deputy director position. 

A federal judge ruled in November that Trump’s appointment of Mulvaney superseded English’s claim to the job as the CFPB's deputy chief. That decision gave Mulvaney free reign to transform the agency he had once sought to eliminate as a member of Congress.

Mulvaney’s major actions include delaying a controversial rule on short-term, high-interest loans, restructuring the bureau’s office for policing lending discrimination and starting a sweeping review of the CFPB’s operations. The goal, he said, is to end what he considers the bureau’s overzealous and harmful history of aggressive fines and lawsuits.

“Regulation by enforcement is done,” Mulvaney said. “Financial services providers should be allowed to know what the law is before being accused of breaking it.” 

Republicans on the panel joined Mulvaney, a former member of the committee, in denouncing the CFPB’s broad power and independence. 

“You are thankfully both a terrible bureaucrat but a great leader,” said Rep. Blaine LuetkemeyerWilliam (Blaine) Blaine LuetkemeyerMissouri Republicans move to block Greitens in key Senate race Democratic Kansas City, Mo., mayor eyes Senate run Keeping fintech's promise: A modest proposal MORE (R-Mo.).

Mulvaney stressed his commitment to doing nothing beyond enforcing consumer protection laws and fulfilling his obligations as CFPB director. He denied Democratic charges that he is seeking to destroy the bureau from within. He cited as proof his continuation of the 25 lawsuits Cordray filed against lenders accused of fraud or abuse and the more than 100 investigations being conducted by the bureau. 

Other Democrats pressed Mulvaney for signs that he’s abused his position to benefit special interests or crossed ethical lines meant to separate his work at the CFPB and as Trump’s budget director.

“We’re still going after bad actors,” Mulvaney said. “We’re doing it differently than other folks might do it, because elections have consequences.”

Democrats said the fact that Mulvaney had not initiated any of his own actions against banks was proof of his unfitness for the job.

“The clear implication is that the people who were enforcing before are not enforcing anymore,” said Rep. Stephen LynchStephen Francis LynchOvernight Defense: Ex-Pentagon chief defends Capitol attack response as GOP downplays violence | Austin, Biden confer with Israeli counterparts amid conflict with Hamas | Lawmakers press Pentagon officials on visas for Afghan partners GOP downplays Jan. 6 violence: Like a 'normal tourist visit' GOP's Gosar defends Jan. 6 rioter, says she was 'executed' MORE (D-Mass.). “What the heck are they doing now?”

Mulvaney will appear before the Senate Banking Committee on Thursday. Sen. Elizabeth WarrenElizabeth WarrenOvernight Health Care: Takeaways on the Supreme Court's Obamacare decision | COVID-19 cost 5.5 million years of American life | Biden administration investing billions in antiviral pills for COVID-19 Democratic senators press PhRMA over COVID-19 lobbying efforts  Schumer vows to only pass infrastructure package that is 'a strong, bold climate bill' MORE (D-Mass.), the architect of the CFPB who has emerged as the most vocal critic of Mulvaney, will have a chance to question Mulvaney at the hearing.