Consumer Financial Protection Bureau Accountability Act of 2021

#2790 | S Congress #117

Subjects:

Last Action: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (9/21/2021)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary



The Consumer Financial Protection Bureau Accountability Act of 2021 is a bill aimed at amending the Consumer Financial Protection Act of 2010. The main purpose of this bill is to subject the Bureau of Consumer Financial Protection to the regular appropriations process. This means that the Bureau's budget and financial management will be subject to the same process as other government agencies, rather than being able to transfer funds from the Board of Governors as previously allowed. This bill also includes provisions for the treatment of excess amounts in the Civil Penalty Fund and authorizes the appropriation of funds for fiscal year 2023. The effective date for these changes is October 1, 2022.

Possible Impacts



1. The Act may limit the funding available to the Bureau of Consumer Financial Protection and affect its ability to carry out its duties effectively.
2. Individuals who have been victims of financial fraud or abuse may be impacted by the changes to the Civil Penalty Fund, as any excess funds will now be transferred to the general fund of the Treasury instead of being used to compensate victims.
3. The annual budget for the Bureau may be affected by this Act, potentially leading to changes in the organization's operations and services.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2790 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2790

 To amend the Consumer Financial Protection Act of 2010 to subject the 
 Bureau of Consumer Financial Protection to the regular appropriations 
                    process, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2021

Mr. Hagerty (for himself, Ms. Lummis, Mr. Scott of South Carolina, Mr. 
   Kennedy, Mrs. Blackburn, Mr. Cruz, Mr. Barrasso, Mr. Hoeven, Mr. 
 Grassley, Mr. Braun, Mr. Rubio, Mrs. Capito, Ms. Collins, Mr. Cotton, 
   Mr. Cramer, Mr. Boozman, and Mr. Scott of Florida) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the Consumer Financial Protection Act of 2010 to subject the 
 Bureau of Consumer Financial Protection to the regular appropriations 
                    process, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Financial Protection Bureau 
Accountability Act of 2021''.

SEC. 2. SUBJECTING THE BUREAU OF CONSUMER FINANCIAL PROTECTION TO THE 
              REGULAR APPROPRIATIONS PROCESS.

    (a) In General.--Section 1017 of the Consumer Financial Protection 
Act of 2010 (12 U.S.C. 5497) is amended--
            (1) in subsection (a)--
                    (A) in the subsection heading, by striking 
                ``Transfer of Funds From Board Of Governors.--'' and 
                inserting ``Budget and Financial Management.--'';
                    (B) by striking paragraphs (1) through (3);
                    (C) by redesignating paragraphs (4) and (5) as 
                paragraphs (1) and (2), respectively; and
                    (D) in paragraph (1), as so redesignated--
                            (i) in the paragraph heading, by striking 
                        ``Budget and financial management.--'' and 
                        inserting ``In general.--'';
                            (ii) by striking subparagraph (E); and
                            (iii) by redesignating subparagraph (F) as 
                        subparagraph (E);
            (2) by striking subsections (b) and (c);
            (3) by redesignating subsections (d) and (e) as subsections 
        (b) and (c), respectively;
            (4) in subsection (b), as so redesignated--
                    (A) in paragraph (2)--
                            (i) in the first sentence, by inserting 
                        ``direct'' before ``victims''; and
                            (ii) by striking the second sentence; and
                    (B) by adding at the end the following:
            ``(3) Treatment of excess amounts.--If, after the Bureau 
        obtains a civil penalty in a judicial or administrative action 
        under Federal consumer financial laws, deposits that civil 
        penalty into the Civil Penalty Fund under paragraph (1), and, 
        under paragraph (2), makes payments to all of the direct 
        victims of activities for which that civil penalty was imposed, 
        amounts remain in the Civil Penalty Fund with respect to that 
        civil penalty, the Bureau shall transfer those excess amounts 
        to the general fund of the Treasury.''; and
            (5) in subsection (c), as so redesignated--
                    (A) by striking paragraphs (1) through (3) and 
                inserting the following:
            ``(1) Authorization of appropriations.--There is authorized 
        to be appropriated such funds as may be necessary to carry out 
        this title for fiscal year 2023.''; and
                    (B) by redesignating paragraph (4) as paragraph 
                (2).
    (b) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2022.
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