HR3445-119

1. Short title This Act may be cited as the Bureau of Consumer Financial Protection Commission Act.

2. Making the Bureau an independent agency led by a commission The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended— in section 1011— in subsection (a)— by striking in the Federal Reserve System,; and by striking independent bureau and inserting independent agency; by striking subsections (b), (c), and (d); by redesignating subsection (e) as subsection (j); in subsection (j), as so redesignated, by striking , including in cities in which the Federal reserve banks, or branches of such banks, are located,; and by inserting after subsection (a) the following new subsections: The commission of the Bureau may prescribe such regulations and issue such orders in accordance with this title as the Bureau may determine to be necessary for carrying out this title and all other laws within the Bureau’s jurisdiction and shall exercise any authorities granted under this title and all other laws within the Bureau’s jurisdiction. The management of the Bureau shall be vested in a commission, which shall be composed of 5 members who shall be appointed by the President, by and with the advice and consent of the Senate, and— at least 2 of whom shall have private sector experience in the provision of consumer financial products and services; and at least 1 of whom shall have been employed as a State bank supervisor (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1803)). The members of the commission shall serve staggered terms, which initially shall be established by the President for terms of 1, 2, 3, 4, and 5 years, respectively. Except with respect to the initial staggered terms described under paragraph (2), each member of the commission, including the Chair, shall serve for a term of 5 years. The President may remove any member of the commission for inefficiency, neglect of duty, or malfeasance in office. Any member of the commission appointed to fill a vacancy occurring before the expiration of the term to which that member’s predecessor was appointed (including the Chair) shall be appointed only for the remainder of the term. Each member of the commission may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed by the President and confirmed by the Senate, except that a member may not continue to serve more than 1 year after the date on which that member’s term would otherwise expire. No member of the commission shall engage in any other business, vocation, or employment. Not more than 3 members of the commission shall be members of any one political party. The first member and Chair of the commission shall be the individual serving as Director of the Bureau of Consumer Financial Protection on the day before the date of the enactment of this subsection. Such individual shall serve until the President has appointed all 5 members of the commission in accordance with subsection (c). Of the 5 members appointed in accordance with subsection (c), the President shall appoint 1 member to serve as the subsequent Chair of the commission. The Chair shall be the principal executive officer of the commission, and shall exercise all of the executive and administrative functions of the commission, including with respect to— the appointment and supervision of personnel employed under the commission (other than personnel employed regularly and full time in the immediate offices of members of the commission other than the Chair); the distribution of business among personnel appointed and supervised by the Chair and among administrative units of the commission; and the use and expenditure of funds. In carrying out any of the Chair’s functions under the provisions of this subsection, the Chair shall be governed by general policies of the commission and by such regulatory decisions, findings, and determinations as the commission may by law be authorized to make. Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the commission may not be submitted by the Chair without the prior approval of the commission. The Chair shall be known as both the Chair of the commission of the Bureau and the Chair of the Bureau. For the 6 month period beginning on the date of enactment of this subsection, the first member and Chair of the commission described under subsection (e)(1) shall constitute a quorum for the transaction of business until the President has appointed all 5 members of the commission in accordance with subsection (c). Following such appointment of 5 members, the quorum requirements of subsection (g) shall apply. No vacancy in the members of the commission after the establishment of an initial quorum under subsection (f) shall impair the right of the remaining members of the commission to exercise all the powers of the commission. Three members of the commission shall constitute a quorum for the transaction of business, except that if there are only 3 members serving on the commission because of vacancies in the commission, 2 members of the commission shall constitute a quorum for the transaction of business. If there are only 2 members serving on the commission because of vacancies in the commission, 2 members shall constitute a quorum for the 6-month period beginning on the date of the vacancy which caused the number of commission members to decline to 2. The Bureau shall have an official seal. The Chair shall receive compensation at the rate prescribed for level I of the Executive Schedule under section 5313 of title 5, United States Code. The 4 other members of the commission shall each receive compensation at the rate prescribed for level II of the Executive Schedule under section 5314 of title 5, United States Code. in section 1012(c)— in the heading, by striking Autonomy of the Bureau and inserting Coordination with the Board of Governors; by striking (1) Coordination with the board of governors.—; and by striking paragraphs (2), (3), (4), and (5); and in section 1014(b), by striking Not fewer than 6 members shall be appointed upon the recommendation of the regional Federal Reserve Bank Presidents, on a rotating basis. and inserting Not fewer than half of all members shall have private sector experience in the provision of consumer financial products and services.. (b) Authority To prescribe regulations The commission of the Bureau may prescribe such regulations and issue such orders in accordance with this title as the Bureau may determine to be necessary for carrying out this title and all other laws within the Bureau’s jurisdiction and shall exercise any authorities granted under this title and all other laws within the Bureau’s jurisdiction. (c)Composition of the commission (1)In generalThe management of the Bureau shall be vested in a commission, which shall be composed of 5 members who shall be appointed by the President, by and with the advice and consent of the Senate, and— (A)at least 2 of whom shall have private sector experience in the provision of consumer financial products and services; and (B)at least 1 of whom shall have been employed as a State bank supervisor (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1803)). (2)StaggeringThe members of the commission shall serve staggered terms, which initially shall be established by the President for terms of 1, 2, 3, 4, and 5 years, respectively. (3)Terms (A)In generalExcept with respect to the initial staggered terms described under paragraph (2), each member of the commission, including the Chair, shall serve for a term of 5 years. (B)RemovalThe President may remove any member of the commission for inefficiency, neglect of duty, or malfeasance in office. (C)VacanciesAny member of the commission appointed to fill a vacancy occurring before the expiration of the term to which that member’s predecessor was appointed (including the Chair) shall be appointed only for the remainder of the term. (D)Continuation of serviceEach member of the commission may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed by the President and confirmed by the Senate, except that a member may not continue to serve more than 1 year after the date on which that member’s term would otherwise expire. (E)Other employment prohibitedNo member of the commission shall engage in any other business, vocation, or employment. (d)AffiliationNot more than 3 members of the commission shall be members of any one political party. (e)Chair of the commission (1)Initial ChairThe first member and Chair of the commission shall be the individual serving as Director of the Bureau of Consumer Financial Protection on the day before the date of the enactment of this subsection. Such individual shall serve until the President has appointed all 5 members of the commission in accordance with subsection (c). (2)Subsequent ChairOf the 5 members appointed in accordance with subsection (c), the President shall appoint 1 member to serve as the subsequent Chair of the commission. (3)AuthorityThe Chair shall be the principal executive officer of the commission, and shall exercise all of the executive and administrative functions of the commission, including with respect to— (A)the appointment and supervision of personnel employed under the commission (other than personnel employed regularly and full time in the immediate offices of members of the commission other than the Chair); (B)the distribution of business among personnel appointed and supervised by the Chair and among administrative units of the commission; and (C)the use and expenditure of funds. (4)LimitationIn carrying out any of the Chair’s functions under the provisions of this subsection, the Chair shall be governed by general policies of the commission and by such regulatory decisions, findings, and determinations as the commission may by law be authorized to make. (5)Requests or estimates related to appropriationsRequests or estimates for regular, supplemental, or deficiency appropriations on behalf of the commission may not be submitted by the Chair without the prior approval of the commission. (6)DesignationThe Chair shall be known as both the Chair of the commission of the Bureau and the Chair of the Bureau. (f)Initial quorum establishedFor the 6 month period beginning on the date of enactment of this subsection, the first member and Chair of the commission described under subsection (e)(1) shall constitute a quorum for the transaction of business until the President has appointed all 5 members of the commission in accordance with subsection (c). Following such appointment of 5 members, the quorum requirements of subsection (g) shall apply. (g)No impairment by reason of vacanciesNo vacancy in the members of the commission after the establishment of an initial quorum under subsection (f) shall impair the right of the remaining members of the commission to exercise all the powers of the commission. Three members of the commission shall constitute a quorum for the transaction of business, except that if there are only 3 members serving on the commission because of vacancies in the commission, 2 members of the commission shall constitute a quorum for the transaction of business. If there are only 2 members serving on the commission because of vacancies in the commission, 2 members shall constitute a quorum for the 6-month period beginning on the date of the vacancy which caused the number of commission members to decline to 2. (h)SealThe Bureau shall have an official seal. (i)Compensation (1)ChairThe Chair shall receive compensation at the rate prescribed for level I of the Executive Schedule under section 5313 of title 5, United States Code. (2)Other members of the commissionThe 4 other members of the commission shall each receive compensation at the rate prescribed for level II of the Executive Schedule under section 5314 of title 5, United States Code.;

3. Deeming of name Any reference in a law, regulation, document, paper, or other record of the United States to the Director of the Bureau of Consumer Financial Protection, except in subsection (e)(1) of section 1011 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5491), as added by this Act, shall be deemed a reference to the commission leading and governing the Bureau of Consumer Financial Protection, as described under section 1011 of the Consumer Financial Protection Act of 2010.

4. Conforming amendments Except as provided under paragraph (2), the Consumer Financial Protection of 2010 (12 U.S.C. 5481 et seq.) is amended— by striking Director of the Bureau each place such term appears, other than where such term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection, and inserting Bureau; by striking Director each place such term appears and inserting Bureau, other than where such term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection; and in section 1002, by striking paragraph (10). The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended— in section 1013(c)(3)— by striking Assistant Director of the Bureau for and inserting Head of the Office of; and in subparagraph (B), by striking Assistant Director and inserting Head of the Office; in section 1013(g)(2)— by striking Assistant director and inserting Head of the Office; and by striking an assistant director and inserting a Head of the Office of Financial Protection for Older Americans; in section 1016(a), by striking Director of the Bureau and inserting Chair of the Bureau; and by striking section 1066. The table of contents for the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by striking the item relating to section 1066. The Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended— in section 111(b)(1)(D), by striking Director and inserting Chair; and in section 1447, by striking Director of the Bureau each place such term appears and inserting Chair of the Bureau. Section 921(a)(4)(C) of the Electronic Fund Transfer Act (15 U.S.C. 1693o–2(a)(4)(C)), as added by section 1075(a)(2) of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Bureau of Consumer Financial Protection and inserting Chair of the Bureau of Consumer Financial Protection. The Expedited Funds Availability Act (12 U.S.C. 4001 et seq.), as amended by section 1086 of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Bureau each place such term appears and inserting Bureau. Section 2 of the Federal Deposit Insurance Act (12 U.S.C. 1812), as amended by section 336(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by striking Director of the Consumer Financial Protection Bureau each place such term appears and inserting Chair of the Bureau of Consumer Financial Protection. Section 1004(a)(4) of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)), as amended by section 1091 of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Consumer Financial Protection Bureau and inserting Chair of the Bureau of Consumer Financial Protection. Section 513 of the Financial Literacy and Education Improvement Act (20 U.S.C. 9702), as amended by section 1013(d)(5) of the Consumer Financial Protection Act of 2010, is amended by striking Director each place such term appears and inserting Chair. Section 307 of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2806 et seq), as amended by section 1094(6) of the Consumer Financial Protection Act of 2010, is amended by striking Director of the Bureau of Consumer Financial Protection each place such term appears and inserting Bureau of Consumer Financial Protection. The Interstate Land Sales Full Disclosure Act (15 U.S.C. 1701 et seq), as amended by section 1098A of the Consumer Financial Protection Act of 2010, is amended— in section 1402— by striking paragraph (1); and by redesignating paragraphs (2) through (12) as paragraphs (1) through (11), respectively; in section 1403(c)— by striking him and inserting the Bureau; and by striking he and inserting the Bureau; in section 1407— in subsection (c), by striking he and inserting the Bureau; and in subsection (e), by striking Director or anyone designated by him and inserting Bureau; in section 1411(a)— by striking his findings and inserting the findings of the Bureau; and by striking his recommendation and inserting the recommendation of the Bureau; in section 1415— in subsection (a), by striking he may, in his discretion, and inserting the Bureau may, in the discretion of the Bureau,; in subsection (b)— by striking in his discretion each place such term appears and inserting in the discretion of the Bureau; by striking he deems and inserting the Bureau determines; and by striking he may deem and inserting the Bureau may determine; and in subsection (c), by striking the Director, or any officer designated by him, and inserting the Bureau; in section 1416(a)— by striking Director of the Bureau of Consumer Financial Protection who may delegate any of his and inserting Bureau of Consumer Financial Protection, which may delegate any; by striking his administrative and inserting administrative; and by striking himself and inserting the commission of the Bureau; in section 1418a(b)(4), by striking Secretary’s determination and inserting determination of the Bureau; and by striking Director each place such term appears and inserting Bureau. Section 5 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604), as amended by section 1450 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended— by striking The Director of the Bureau of Consumer Financial Protection (hereafter in this section referred to as the Director) and inserting The Bureau of Consumer Financial Protection (hereafter in this section referred to as the Bureau); and by striking Director each place such term appears and inserting Bureau. The S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.), as amended by section 1100 of the Consumer Financial Protection Act of 2010, is amended— by striking Director each place such term appears in headings and text and inserting Bureau of Consumer Financial Protection; and in section 1503, by striking paragraph (10). Section 3513(c) of title 44, United States Code, as amended by section 1100D(b) of the Consumer Financial Protection Act of 2010, is amended by striking Director of the.