H.J.Res. 59: Disapproving the rule submitted by the Bureau of Consumer Financial Protection relating to "Overdraft Lending: Very Large Financial Institutions".

Sponsor

J. Hill

J. Hill

Republican · AR-2

Big banks' overdraft fees lost their $5 ceiling

3 min readLast updated September 25, 2026

Why it matters

The CFPB estimated its overdraft rule would save households $1.5 billion to $5 billion a year — up to $225 for each household that pays overdraft fees. H.J.Res. 59 would cancel that rule for banks and credit unions with more than $10 billion in assets, leaving fees where each bank sets them.

In December 2024, the CFPB finalized a rule for banks and credit unions with more than $10 billion in assets. Those institutions would have had three choices on overdraft: charge a flat $5, charge a fee that only covers their actual costs, or treat overdraft as credit and give you the same disclosures you get on a credit card.

The rule was set to take effect on October 1, 2025. Smaller banks and credit unions were never covered.

H.J.Res. 59 would cancel that rule entirely, leaving overdraft fees at the largest banks to be set by the banks themselves. It uses the Congressional Review Act, a fast-track process that lets Congress veto a finished agency rule with a simple majority in each chamber.

The resolution is one sentence. It adds no fee limit, no disclosure requirement, and no refunds. It also carries a lasting effect: under the Congressional Review Act, the CFPB cannot issue a substantially similar rule again unless Congress authorizes it.

Sponsors, led by House Financial Services Chairman French Hill, argue the rule was government price-setting that would push banks to drop overdraft coverage and send customers toward costlier options. Consumer groups and the CFPB's defenders argue overdraft fees fall hardest on people living paycheck to paycheck, and that a $35 charge on a small shortfall functions as a high-cost loan.

Bill Progress

IntroducedFeb 13
Committee 
Pass House 
Pass Senate 
Signed 
Law 

Latest Action · Mar 21, 2025

1/2

Placed on House floor schedule, Calendar No. 16.

H.J.Res. 59 Bill Summary

What H.J.Res. 59 actually does.

1

The $5 overdraft option disappears

The resolution disapproves the CFPB's "Overdraft Lending: Very Large Financial Institutions" rule, published December 30, 2024, and says it has no force or effect. That removes the $5 benchmark, the cost-based fee option, and the requirement to treat higher fees as credit.

2

Only customers of the largest institutions were in scope

The cancelled rule applied to banks and credit unions with more than $10 billion in assets. Customers of smaller community banks and credit unions were never covered by it.

3

Nothing replaces the rule

The resolution sets no fee cap, adds no new disclosures, and provides no refunds. Overdraft pricing at large banks returns to what each bank decides, within existing law.

4

The CFPB cannot try the same rule again

Under the Congressional Review Act, once a rule is disapproved the agency is barred from issuing a substantially similar one unless Congress passes a new law authorizing it.

Who benefits from H.J.Res. 59?

Banks and credit unions with over $10 billion in assets

They keep setting their own overdraft fees instead of choosing between a $5 charge, a cost-based fee, or full credit-card-style lending rules.

Customers who rely on overdraft coverage

Sponsors argue that without the rule, banks are less likely to cut back overdraft coverage for customers who use it to avoid declined payments or bounced bills.

Lawmakers seeking limits on CFPB rulemaking

The resolution blocks both this rule and any substantially similar future version, which supporters see as a check on the bureau's authority over pricing.

Who is affected by H.J.Res. 59?

People who pay overdraft fees at large banks

A $35 overdraft stays a $35 overdraft. Someone who overdraws eight times a year would pay about $280 in fees, versus about $40 under the rule's $5 option.

The CFPB

The bureau loses a finished rule and the ability to reissue a substantially similar one without new authority from Congress.

Community banks and smaller credit unions

Institutions under $10 billion in assets were outside the rule, so their overdraft practices do not change either way.

Consumer advocates

Groups that backed the rule would need Congress or state legislatures to set overdraft limits, since the CFPB route is closed for this approach.

Share this story
Tracking floor activity — no debate on H.J.Res. 59 yet. Updates when a legislator speaks on the record.

HJRES59 Legislative Journey

3 actions

House: Committee Action

Mar 21, 2025

119-26

Reported by the Committee on Financial Services. H. Rept. 119-26.

House: Vote: 30-19

Mar 5, 2025

30-19

Ordered to be Reported by the Yeas and Nays: 30 - 19.

House: Committee Action

Feb 13, 2025

Referred to the House Committee on Financial Services.

About the Sponsor

J. Hill

J. Hill

Republican, Arkansas's 2nd congressional district · 11 years in Congress

Committees: Financial Services, House Permanent Select Committee on Intelligence

View full profile →

Cosponsors at time of passage (17)

All 17 cosponsors are Republicans. Cosponsors represent 14 states: Florida, Georgia, Kentucky, and 11 more.

17Republicans·14 states

Committee Sponsors

Financial Services Committee

23D30R
|14 signed39 others

14 of 53 committee members cosponsored at the time

H.J.Res. 59 Quick Facts

Cosponsors
17
Daniel Meuser
Andrew Ogles
Ann Wagner
Bill Huizenga
William Timmons
+12 more
Committee
Financial Services
Chamber
House
Policy
Finance and Financial Sector
Introduced
Feb 13, 2025

Placed on House floor schedule, Calendar No. 16.

Mar 21, 2025

Official Sources

H.J.Res. 59 on Congress.gov

Official status page for H.J.Res. 59, with its text, sponsors, and committee actions.

S.J.Res. 18 on Congress.gov

The identical Senate resolution that passed both chambers and cancelled the overdraft rule.

Public Law 119-10 on GovInfo

The enacted law, signed May 9, 2025, that gave the overdraft rule no force or effect.

CFPB Overdraft Lending: Very Large Financial Institutions Rule

The CFPB page for the overdraft rule this resolution would cancel, with its October 1, 2025 effective date.

Overdraft Lending Final Rule, 89 FR 106768

Full text of the final rule as published December 30, 2024, the exact citation the resolution disapproves.

House Report 119-26 on GovInfo

The House Financial Services Committee report filed when it reported the resolution on March 21, 2025.

Congressional Review Act, 5 U.S.C. Chapter 8

The statute behind the fast-track process, including the bar on reissuing a substantially similar rule.

CRS: Congress Repeals CFPB’s Overdraft Rule

Congressional Research Service analysis of how Congress cancelled the overdraft rule and what it means for future CFPB action.

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H.J.Res. 59 Common Questions

What does H.J.Res. 59 do?

It cancels the CFPB's overdraft rule for banks and credit unions with more than $10 billion in assets. That rule would have pushed overdraft fees at those institutions toward $5, or required banks to treat pricier overdraft as a loan.

What was the CFPB $5 overdraft fee rule?

Finalized in December 2024, it gave large banks three options: charge $5 per overdraft, charge only what overdraft costs them, or treat it as credit with credit-card-style disclosures. It was set to take effect October 1, 2025.

Was the overdraft rule actually repealed?

Yes, through the Senate's matching resolution. S.J.Res. 18 passed both chambers and was signed into law on May 9, 2025. H.J.Res. 59, the House version, was reported by committee but is no longer needed to cancel the rule.

Does my bank or credit union fall under the overdraft rule?

Only if it has more than $10 billion in assets — roughly the largest national and regional banks and a handful of big credit unions. Smaller community banks and credit unions were never covered.

How much would the overdraft rule have saved consumers?

The CFPB estimated $1.5 billion to $5 billion a year, or up to $225 for each household that pays overdraft fees. Banks disputed those figures and argued many customers would lose access to overdraft coverage instead.

Can the CFPB write a new overdraft rule after this?

Not one substantially similar to the cancelled rule. Under the Congressional Review Act, a disapproved rule can't be reissued in the same form unless Congress passes a new law allowing it.

Will I get refunds for overdraft fees I already paid?

No. Neither the rule nor the resolution involved refunds for past fees. The resolution only cancels the rule, and it adds no fee limits or disclosures of its own.

Why do supporters want to cancel the overdraft rule?

Sponsors, led by Rep. French Hill (R-AR), argue it amounted to government price-setting that could lead banks to drop overdraft coverage and push customers toward costlier short-term credit. Supporters of the rule argue large banks charge far more than overdraft costs them.

Based on H.J.Res. 59 bill text

H.J.Res. 59 Bill Text

“Disapproving the rule submitted by the Bureau of Consumer Financial Protection relating to “Overdraft Lending: Very Large Financial Institutions”.”

Source: U.S. Government Publishing Office

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