HON. RON PAUL
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Wednesday, April 28, 2004
2004 Ron Paul 30:1
Mr. PAUL. Mr. Speaker, I am pleased to cosponsor the legislation offered by Mr. GUTIERREZ
using the Congressional Review Act to
disapprove the Office of the Comptroller of the
Currencys (OCC) preemption regulation because
I strongly oppose any attempt to expand
the OCCs regulatory functions beyond
the power Congress originally granted the
OCC. The OCC was never meant to serve as
a national consumer protection agency. Its limited,
intended role has been underscored by
Federal court rulings that State law remains
applicable to national banks in the absence of
explicit Federal preemption.
2004 Ron Paul 30:2
Expanding the jurisdiction of OCC necessarily infringes on the ability of State lawmakers
to determine their own consumer protection
standards. One-size-fits-all policies
crafted in Washington cannot serve the 50 diverse
States well. Different States and markets
have different needs that are better understood
by State and local legislators. Congressional
conservatives, in particular, should
not endorse an expansion of the Federal regulatory
power at the expense of States rights.
The Tenth Amendment is clear: regulatory
powers not specifically granted to Congress
remain with the States. Congress should stop
usurping State authority and leave consumer
protection laws to those with far more experience
and expertise.
2004 Ron Paul 30:3
This new OCC authority will have far-reaching and unintended consequences. State law
governing mortgage brokers, sub-prime lenders,
check cashing centers, leasing companies,
and even car dealers could be preempted
under the new proposal. This proposal
may also give national banks and their subsidiaries
a competitive advantage over small
mortgage companies. OCC undoubtedly will
need to hire new staff. Yet the OCC still may
be unable to handle the flood of new responsibilities.
Unless Congress resists any expansion
of OCC, it risks creating another huge,
unaccountable, bureaucratic agency. Therefore,
I respectfully urge all my colleagues to
support Mr. Gutierriezs legislation disapproving
the OCCs preemption regulation.