— 843 —
Financial Regulatory Agencies
37. Table 7, “Civil Penalty Fund Significant Activity,” in Consumer Financial Protection Bureau, Financial Report
of the Consumer Financial Protection Bureau, Fiscal Year 2022, November 15, 2022, p. 21, https://files.
consumerfinance.gov/f/documents/cfpb_financial-report_fy2022.pdf (accessed March 23, 2023).
38. Ibid.
39. Consumer Financial Protection Bureau, Financial Report of the Consumer Financial Protection Bureau, Fiscal
Year 2022, p. 20.
40. 12 U.S. Code § 5491, https://www.law.cornell.edu/uscode/text/12/5491 (accessed March 23, 2023).
41. Consumer Financial Protection Bureau, “Bureau Structure,” last updated March 15, 2023, https://www.
consumerfinance.gov/about-us/the-bureau/bureau-structure/ (accessed March 23, 2023).
42. See Consumer Financial Protection Bureau, “Consumer Financial Civil Penalty Fund Rule,” https://www.
consumerfinance.gov/rules-policy/final-rules/consumer-financial-civil-penalty-fund-rule/ (accessed
March 23, 2023).
43. Consumer Financial Protection Bureau, “Civil Penalty Fund: Consumer Education and Financial Literacy,”
https://www.consumerfinance.gov/enforcement/payments-harmed-consumers/civil-penalty-fund/consumer-
education-financial-literacy/ (accessed March 23, 2023).
44. U.S. Government Accountability Office, Consumer Financial Protection Bureau: Opportunity Exists to Improve
Transparency of Civil Penalty Fund Activities, GAO-14-551, June 2014, https://www.gao.gov/assets/gao-14-551.
pdf (accessed March 23, 2023).
45. Seila Law LLC v. Consumer Financial Protection Bureau, 591 U.S. ___ (2020), https://www.supremecourt.gov/
opinions/19pdf/19-7_n6io.pdf (accessed March 23, 2023).
46. Ibid., p. 37.
47. See 12 U.S. Code § 5497(a)(1), https://www.law.cornell.edu/uscode/text/12/5497 (accessed March 23, 2023).
Congress specified that the amount transferred to the CFPB “shall not exceed” 12 percent “of the total
operating expenses of the Federal Reserve System…in fiscal year 2013, and in each year thereafter.” Ibid., §
5497(2)(A)(iii).
48. Community Financial Services Association of America v. Consumer Financial Protection Bureau (5th Cir. 2022),
pp. 31–32, https://www.ca5.uscourts.gov/opinions/pub/21/21-50826-CV0.pdf (accessed March 23, 2023).
49. Ibid., p. 32.
50. Ibid. (quoting Seila Law LLC v. CFPB, 140 S. Ct. 2183, 2202 n. 8 (2020)).
51. U.S. Supreme Court, “Order List: 598 U.S.,” February 27, 2023, Docket No. 22–448, CFPB et al. v. Com. Fin.
Services Assn., et al., https://www.supremecourt.gov/orders/courtorders/022723zor_6537.pdf (accessed
March 23, 2023).
52. Devin Watkins, Competitive Enterprise Institute, “Consumer Financial Protection Bureau: Ripe for Reform,”
testimony before the Subcommittee on Financial Institutions and Monetary Policy, Committee on
Financial Services, U.S. House of Representatives, March 9, 2023, https://docs.house.gov/meetings/BA/
BA20/20230309/115384/HHRG-118-BA20-Wstate-WatkinsD-20230309.pdf (accessed March 23, 2023);
Norbert J. Michel, “7 Steps Next Director Can Take to Make the Consumer Financial Protection Bureau Less
Awful,” Heritage Foundation Commentary, July 28, 2018, https://www.heritage.org/markets-and-finance/
commentary/7-steps-next-director-can-take-make-the-consumer-financial.
53. The Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corporation, Federal Reserve,
and National Credit Union Administration. Those functions performed by the Office of Thrift Supervision (OTS)
prior to Dodd–Frank should be transferred to the OCC since OTS has merged with OCC.
54. See “Section 1071 of the Dodd–Frank Act” in David R. Burton, “Improving Small Business Access to Capital,”
Consumer Financial Protection Bureau Symposium on Section 1071 of the Dodd–Frank Act, Small Business
Lending Panel, November 6, 2019, https://files.consumerfinance.gov/f/documents/cfpb_burton-written-
statement_symposium-section-1071.pdf (accessed March 23, 2023).
55. 5 U.S. Code Chapter 5, https://www.law.cornell.edu/uscode/text/5/part-I/chapter-5 (accessed March 23, 2023).
56. Consumer Financial Protection Bureau, “Administrative Adjudication Proceedings,” https://www.
consumerfinance.gov/administrative-adjudication-proceedings/ (accessed March 23, 2023), and 12 Code of
Federal Regulations Part 1081—Rules of Practice for Adjudication Proceedings, https://www.law.cornell.edu/
cfr/text/12/part-1081 (accessed March 23, 2023).
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28
FEDERAL
COMMUNICATIONS
COMMISSION
Brendan Carr
MISSION STATEMENT
The FCC should promote freedom of speech, unleash economic opportunity,
ensure that every American has a fair shot at next-generation connectivity, and
enable the private sector to create good-paying jobs through pro-growth reforms
that support a diversity of viewpoints, ensure secure and competitive communi-
cations networks, modernize outdated infrastructure rules, and represent good
stewardship of taxpayer dollars.
OVERVIEW AND BACKGROUND
The FCC is an independent regulatory agency that has jurisdiction over inter-
state and international communications by radio, television, wire, satellite, and
cable.1 Five Commissioners are appointed by the President and confirmed by the
Senate for fixed five-year terms.2 The FCC does not have any other presidentially
appointed, Senate-confirmed officials. Ordinarily, the five-member FCC is divided
politically three to two with a majority of Commissioners from the same political
party as the President. The Commissioners’ terms are staggered so that every year
at the end of June, one Commissioner’s term expires.3 However, a Commissioner
can continue to serve until the end of the next session of Congress (or up to 1.5
years beyond the expiration of the term) if no replacement is confirmed after his
or her term ends.4
By law, only a bare majority of Commissioners can be from the same politi-
cal party (no more than three when there are five members).5 By tradition, the
Chairperson resigns when a new President of a different political party is sworn