During a Senate Banking Committee Hearing on considering the nominations for the new SEC chair on Thursday, Sen. Tim Scott (R-SC) asked SEC Chair nominee Paul Atkins about whether banks have the right to deny people services.
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NewsTranscript
00:00Thank you very much.
00:01Mr. Atkins, you just heard the congressman talk
00:03about the golden age, and certainly we're looking
00:05for the golden age.
00:06The one thing I can say about the SEC is
00:09under your predecessor, there was no golden age.
00:13The SEC suffered a series of damaging losses as an agency.
00:17It saw multiple rulemakings overturned in court,
00:20had staff attorneys sanctioned for gross abuse of their power
00:25by a federal judge in the debt box case
00:28and experienced its highest attrition rate
00:30in over a decade.
00:32As SEC chair, how can the SEC recover from these losses
00:36and return to its core capabilities as an agency?
00:42Well, thank you, Mr. Chairman.
00:44While I agree with you, I think all those issues
00:48that you raised are very disturbing, and I, you know,
00:51commit to get to work, you know, if I'm confirmed to try
00:54to make sure that we increase the morale of the agency,
00:59that we cure some of the dysfunction that's there,
01:02the demoralization of it, and get back to work
01:05and get back to basics, back to this mission.
01:08That's very important.
01:09Mr. Atkins, I'll continue with you.
01:11As you know, it has long been a priority of mine,
01:14this committee, and frankly the Trump administration,
01:16to end the practice of debanking.
01:19This Congress, the Banking Committee, has focused
01:22on responding to Operation Choke Point 2.0,
01:25where the Biden administration's financial regulators reportedly
01:28pressured banks to avoid offering services
01:30to the crypto industry.
01:32As SEC chairman, will you work to ensure that everyone
01:35who wishes to play by the rules, including those
01:38in the crypto industry, will be treated fairly?
01:41Absolutely.
01:43Mr. Gould, a few weeks ago, I introduced the FIRM Act,
01:47which would eliminate reputational risk
01:50from the consideration in bank examination.
01:53And two weeks ago, that bill passed out of this committee.
01:56Then just last week, the OCC Acting Comptroller Hood took
02:01the step to proactively remove reputational risk
02:03from the Comptroller's handbook, booklets,
02:07and other OCC guidance, and instructed OCC examiners
02:10that they should no longer examine for reputational risk.
02:14Do you support the Acting Comptroller's decision
02:16to remove references to reputational risk?
02:19I do, Senator.
02:20Thank you, sir.
02:21If confirmed, what other steps would you take, if any,
02:25to end debanking, and more generally,
02:27the politicization of federal banking agencies?
02:31Senator, thank you very much for that question.
02:33I think it is unacceptable for banks or regulators
02:37to discriminate on customers on the basis
02:39of the customer's politics or religion or the mere fact
02:43that they are engaged in a lawful activity that
02:46is, for whatever reason, politically disfavored.
02:49So I applaud the committee's efforts
02:51to shine a spotlight on what has been going on for a while.
02:55These are issues, Senator, with which I have been working
02:58since 2018, when I was a lawyer for this committee.
03:01And I commit, Senator, to you and to the committee
03:05to continue to support your oversight efforts,
03:08as well as to use the OCC's full powers,
03:13consistent with its statutory mission with law,
03:16to do whatever I can, if confirmed,
03:18to shine a spotlight on these activities
03:20and ensure that they are not allowed
03:22within the banking system.
03:23Thank you very much.
03:24One last question for you.
03:25As a top priority for me, this committee
03:27and the Trump administration to foster digital asset
03:30innovation so that the US can become
03:32the crypto capital of the world.
03:34In rescinding interpretive letter 1179,
03:38I think Comptroller Hood took a crucial step
03:40in rolling back guidance at the OCC
03:42that limited crypto companies' access to the US banking
03:45system.
03:46Are you supportive of this effort
03:47to foster innovation in the US?
03:49And if confirmed as Comptroller, what role
03:52do you envision the OCC continuing
03:54to play in allowing digital asset innovation?
03:57Thank you for the question, Senator.
04:00I believe that many of these activities
04:03are clearly legally permissible.
04:05And I would hope, if confirmed as Comptroller,
04:08to engage on the hard work of determining ways
04:12constructively in which these activities that
04:14are lawful can be done within the system
04:17in a safe and sound fashion.
04:19I would hope that over the last four years,
04:20the agency that is the OCC, Senator,
04:23has gotten some experience with respect to these assets.
04:27And so we'll be prepared to ensure supervision in a safe
04:30and sound manner going forward.
04:31Thank you very much.