Markup of Various Measures

Committee on Banking and Currency

2025-03-05

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Source: Congress.gov

Summary

The committee convened for its first legislative markup of the 119th Congress, focusing on a range of financial services issues balancing regulatory oversight with innovation and competitiveness, particularly concerning China and national security.[ 00:31:52-00:32:09 ] Discussions also touched upon the balance between promoting economic growth and safeguarding financial systems from illicit activities and overreach.[ 00:32:07-00:32:09 ] [ 00:33:57-00:34:25 ]

Taiwan's International Financial Integration

The committee addressed Taiwan's role in international financial institutions through two bills.[ 00:37:23-00:37:23 ]

The "Taiwan Non-Discrimination Act" (H.R. 910) aims to support Taiwan's membership and participation in the International Monetary Fund (IMF), recognizing its significant economic power and promoting its voice in global financial governance. Members emphasized Taiwan's status as a major trading partner and its substantial financial reserves, advocating for its inclusion in the IMF to unlock broader involvement in other international bodies like the World Bank. The "Taiwan Conflict Deterrence Act" (H.R. 1716) proposes a mechanism to deter Chinese aggression by requiring the Treasury Secretary to disclose illicit funds of Chinese officials and prohibit U.S. financial institutions from engaging with them if China threatens Taiwan's security. This measure seeks to expose ill-gotten gains and hold Chinese leaders accountable for actions against Taiwan.

Agricultural Security and Foreign Investment

H.R. 1713, the "Agricultural Security Risk Review Act," seeks to bolster national security by adding the Secretary of Agriculture as a permanent member of the Committee on Foreign Investment in the United States (CFIUS). This inclusion is intended to enhance the review of foreign investments in U.S. agricultural land and biotechnology, recognizing food security as a critical national security concern. Discussion included the importance of this measure in preventing hostile foreign entities from acquiring land near sensitive sites.[ 01:26:52-01:26:57 ]

An amendment linking the bill's effectiveness to the Corporate Transparency Act's implementation was withdrawn, following debate on its germaneness and constitutionality.

Financial Privacy and Government Data Oversight

The "Financial Privacy Act of 2025" (H.R. 1602) was introduced to increase transparency and accountability from the Treasury Department regarding data collected by FinCEN under the Bank Secrecy Act. The bill mandates annual reports on the scope of data collection, who accesses it, and the safeguards in place to protect private citizens' information from mass surveillance. While supporters highlighted the need to protect Fourth Amendment rights, some members stressed FinCEN's crucial role in combating money laundering and terrorism financing. An amendment was proposed to extend oversight to the Treasury's payment systems, addressing concerns about data access by external actors, which was ultimately voted down amidst accusations of politicization.[ 01:52:43-01:52:47 ]

CFPB Overdraft Rule Disapproval

H.J. Res. 59 sought to nullify the Consumer Financial Protection Bureau's (CFPB) overdraft rule, which imposes a price cap on overdraft fees and redefines them as credit.[ 00:34:43-00:34:45 ]

Proponents of the resolution argued the rule is misguided, stifles innovation, reduces consumer choice, and could lead to financial exclusion for low-income individuals.[ 00:34:45-00:35:00 ] They cited a Federal Reserve Bank of New York report suggesting that fee caps hinder financial inclusion and that market competition is already addressing fee levels.[ 00:34:58-00:35:00 ] Opponents, however, contended that the CFPB rule protects working families from predatory fees, saves consumers billions, and that many large banks have already voluntarily eliminated such fees, demonstrating the rule's feasibility and public support.[ 03:23:41-03:23:52 ]

Combating Fentanyl Trafficking and Money Laundering

Two bills addressed the fentanyl crisis. The "Stop Chinese Fentanyl Act" (H.R. 747) aims to sanction Chinese entities and government officials who fail to prevent opioid trafficking, targeting the source of fentanyl precursors.[ 02:24:18-02:25:04 ]

The "Stop Fentanyl Money Laundering Act" (H.R. 1577) grants the Treasury Secretary authority to take special measures against entities involved in illicit fentanyl financing and streamlines Suspicious Activity Reports (SARs) for law enforcement to better track narcotics trafficking. Both parties acknowledged the severity of the fentanyl epidemic and the need for robust measures, with some Democrats also highlighting the disproportionate impact of past drug crises on specific communities.[ 02:22:44-02:23:13 ] [ 05:01:09-05:01:21 ]

Financing Nuclear Energy

H.R. 1474 seeks to encourage multilateral development banks (MDBs) to finance nuclear power generation by requiring U.S. Treasury representatives to advocate for lifting existing prohibitions and establishing a trust fund for nuclear projects.[ 03:59:03-03:59:22 ]

The bill aims to promote clean, reliable energy and counter the influence of China and Russia in nuclear project development globally.[ 03:59:37-04:00:19 ] An amendment was adopted to ensure that any nuclear projects supported meet or exceed Western safety and quality standards. A contentious amendment regarding non-proliferation risks, requiring adherence to international protocols, was withdrawn for further collaboration.

OFAC Licensure for Investigators

The "OFAC Licensure for Investigators Act" (H.R. 1450) is a bipartisan bill proposing a pilot program for the Treasury Secretary to issue temporary licenses to private sector firms. These licenses would permit firms, such as blockchain analytics companies, to conduct nominal financial transactions with sanctioned entities to gather intelligence for law enforcement investigations into illicit networks, while maintaining strict oversight and reporting requirements.

Tone of the Meeting

The meeting displayed a generally professional but often sharply divided tone, particularly concerning the merits of regulatory actions and the current administration's policies. While several bills garnered strong bipartisan support, especially those related to national security, China, and financial crime, debates on topics like the CFPB overdraft rule and government data access highlighted deep ideological differences.[ 00:33:47-00:33:51 ]

[ 01:16:44 ] There was a pervasive sense of urgency regarding various economic, national security, and public health threats, such as fentanyl. [ 00:33:57-00:34:25 ] [ 02:22:44-02:23:13 ]

Participants

Transcript

Without objection, the chair is authorized to declare a recess of the committee at any time.  Without objection, all members shall have five legislative days within which to submit additional materials to the chair for inclusion in the record.  A quorum being present, we will now proceed to today's business.  The chair will recognize himself for an opening statement.   Good morning and welcome to our first legislative markup for the 119th Congress.  I'm eager to start our work.  For these next two years, we'll focus on balancing regulatory oversight with the promotion of innovation and competitiveness in the U.S.  financial services sector.   Over our first full month, with great help from all of our members, our subcommittee chairs have either held hearings or policy or a roundtable on subcommittees' areas of focus already in this year.  The Financial Services Committee, under Republican leadership, has legislative priorities that we will conduct hearings and pursue solutions in each of our subcommittees and the task force.   Subcommittee chairs will tackle these issues through a portfolio approach where subcommittee chairs will encourage all members to work together and fully participate.  We'll do the hard work to find solution and encourage all members, Republican and Democrat, to bring your ideas to your subcommittee chair and ranking member.   I will emphasize to my friends across the aisle, our doors are open for discussion.  This is evidenced by the fact that just last week we held a full committee hearing on the challenge being posed by China across a range of bipartisan issues.  We all agree.   the United States will prevail over China.  To show our commitment to defending the United States and our allies against China, this markup includes several bipartisan measures championed by members of this committee.  These bills underscore the scope of the committee's jurisdiction and the unique way that our members contribute to our national security.   We will be promoting a forward-looking agenda by safeguarding the integrity of our financial system against fentanyl trafficking, mitigating longer-term risks in the Chinese financial system, supporting our friends in Taiwan at the international financial institutions, and by ensuring that we finance global energy infrastructure supplied by the United States and our allies.
These are just a few of the initiatives that I look forward to passing today.  As I noted our hearing on China last week, we're focused on winning the economic and global leadership race with China by building a better system than China.  And that includes building a global financial system where our values and our interests prevail.   I commend all of our sponsors for their work to make this a reality.  Today, we'll also consider a Congressional Review Act resolution to nullify the Consumer Financial Protection Bureau's harmful overdraft rule.  The CFPB's misguided overdraft rule imposes a government-mandated price cap that would reduce consumer choice, deny this needed service to many of our citizens while stifling innovation.  Don't take my word for it.   A Federal Reserve Bank of New York report concluded that overdraft fee caps hinder financial inclusion.  When constrained by fee caps, banks reduce overdraft coverage and deposit supply, causing more return checks and a decline in account ownership among low-income households.   The CFPB overdraft rule exceeded authority granted to the CFPB by Congress under the Truth in Lending Act.  This resolution simply reverses the CFPB overreach.  I would implore my friends across the aisle to consider the impact of the CFPB's overdraft rule.  By forcing banks   through a government mandate to cut their fees or treat overdrafts as loans legally.  Banks will limit the service, especially to low income and low credit customers.  That will drive customers in a pinch towards alternative products, much more costly non-bank type services.  Certainly that cannot be the intention with a no vote on this resolution.   With that, I yield back the balance of my time, and I recognize Mr. Kasten of Illinois for an opening statement, and let me say before you start, Mr. Kasten, that we regret the passing of Mr. Turner of Houston, and we...