Overview
Title
To amend the Consumer Financial Protection Act of 2010 to update the purpose of the Bureau of Consumer Financial Protection, and for other purposes.
ELI5 AI
The bill wants to change how a special group, which helps people with money problems, does its job. It would make the group focus on making things fair, clear, and giving people more choices by working more with businesses.
Summary AI
H. R. 2183, also known as the “CFPB Dual Mandate and Economic Analysis Act,” seeks to update the Consumer Financial Protection Act of 2010. It changes the goals of the Bureau of Consumer Financial Protection to focus not only on fairness and transparency but also on increasing competition and enhancing consumer choice by involving the private sector more. The bill establishes an Office of Economic Analysis within the Bureau to review and assess the Bureau's rules and their impact on consumers. This includes requiring the Bureau to identify problems that rules aim to solve and specify how success will be measured.
Published
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AnalysisAI
General Summary of the Bill
This bill, known as the "CFPB Dual Mandate and Economic Analysis Act," seeks to amend the Consumer Financial Protection Act of 2010. The key amendments include updating the Bureau of Consumer Financial Protection's purpose and establishing an Office of Economic Analysis within the Bureau. The bill outlines that the Bureau should focus on fostering private sector participation in markets, absent government interference or subsidies, to boost competition and consumer choice. It also mandates a structured review process for proposed and existing regulations to assess their impact on consumer markets.
Summary of Significant Issues
One of the primary issues raised by the bill is the removal of the word "competitive" from the Bureau's purpose statement. This change might create ambiguity about whether maintaining competitive markets remains a core goal of the Bureau. Additionally, the phrase "without Government interference or subsidies" can be interpreted in various ways, potentially altering government roles in market regulations and oversight.
The creation of the Office of Economic Analysis has sparked concerns around resources and efficiency. The bill does not specify budgetary allocations for this office, which could lead to inefficiencies or wasteful spending. Moreover, the mandate for this office to review every rule and regulation might require extensive staffing and resources.
Finally, the language used in the bill, including terms like "enhance consumer choice," may lead to varying interpretations and possibly unclear enforcement standards. The absence of specific benchmarks for success raises concerns about consistency in evaluating the effectiveness of regulations.
Impact on the Public
The bill might broadly impact the public by shifting the focus of the Bureau towards less government intervention in financial markets, theoretically allowing for greater private sector innovation and potentially lower costs. On the other hand, if removing the emphasis on "competitive" markets reduces scrutiny on monopolistic practices, consumers could face fewer choices and higher prices, ultimately harming consumer welfare.
Furthermore, the establishment of the Office of Economic Analysis aims to ensure that financial regulations are thoroughly assessed for their effects on consumers. This might lead to more well-informed rule-making, potentially benefitting consumers if the findings are transparent and accessible.
Impact on Specific Stakeholders
Financial institutions and private-sector businesses may view the bill positively, as it implies a reduction in government oversight and the potential for increased market participation. This could lead to more innovative financial products and services.
On the other hand, consumer advocacy groups might express concerns about the potential weakening of consumer protections if competition is deprioritized. The ambiguity surrounding government interference could lead to fewer regulatory checks on financial practices detrimental to consumers.
For policymakers and regulatory bodies, implementing the new requirements, such as establishing the Office of Economic Analysis and conducting robust assessments, might prove resource-intensive. This implementation without a specified budget could divert resources from other consumer protection efforts, impacting their overall efficacy.
In conclusion, while the bill aims to modernize and refine the Bureau's purpose, the potential consequences, both negative and positive, depend heavily on the interpretations of its provisions and the practicalities of its implementation.
Issues
The amendment's removal of the word 'competitive' from the purpose of the Bureau might cause ambiguity about whether promoting competition remains a primary goal, which could significantly impact market dynamics and consumer protections (Section 2).
The new purpose statement includes the phrase 'without Government interference or subsidies,' which might be interpreted in multiple ways, potentially changing the scope of permissible government intervention in the markets and affecting market regulation (Section 2).
The mandate for the Office of Economic Analysis to review every rule, regulation, guidance, and order without specific budgeting details could lead to inefficiencies and potentially excessive or wasteful spending (Section 3).
Lack of detailed criteria or benchmarks for measuring the success of rules and regulations as stated in the bill might introduce subjective judgment and variable interpretations, which could undermine consistent enforcement and evaluations (Section 3).
The 'enhance consumer choice' language in Section 2 is somewhat subjective and may lead to unclear enforcement standards, affecting how effectively consumer protections can be implemented (Section 2).
The legal terminology used throughout these sections, including phrases like 'seek to implement and, where applicable, enforce,' may not be easily understood by all stakeholders, potentially hindering transparency and public understanding of the Bureau's objectives (Section 2).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the act establishes its short title, stating that it can be referred to as the “CFPB Dual Mandate and Economic Analysis Act”.
2. Purpose Read Opens in new tab
Summary AI
Section 2 amends the Consumer Financial Protection Act of 2010 by removing the word "competitive" from a specific part of the law. It also adds that the Bureau should work to encourage more private sector participation in markets by enforcing financial laws consistently, without government interference or subsidies, to enhance competition and consumer choice.
3. Office of Economic Analysis Read Opens in new tab
Summary AI
The text establishes an Office of Economic Analysis within the Consumer Financial Protection Bureau, which will review and assess the impact of proposed and existing rules on consumer choice and credit access, and publish reports on their effectiveness. Additionally, before issuing any new rules, the Director must consider these reviews and provide explanations if they disagree, and must also identify problems and metrics to measure the success of the rules.