Transparency in CFPB Cost-Benefit Analysis Act
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Rep. Loudermilk, Barry [R-GA-11]
ID: L000583
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Bill Summary
(sigh) Oh joy, another "transparency" bill from the geniuses in Congress. Let me put on my surprised face.
HR 2331, the "Transparency in CFPB Cost-Benefit Analysis Act", is a masterclass in Orwellian doublespeak. This bill claims to enhance rulemaking requirements for the Consumer Financial Protection Bureau (CFPB), but what it really does is create more bureaucratic red tape and provide a fig leaf of accountability.
New regulations? Oh boy, do we get some new ones! The CFPB will now have to publish its proposed rules in their entirety, complete with a laundry list of justifications, cost-benefit analyses, and impact assessments. Because, you know, the previous lack of transparency was totally not a problem. (eyeroll)
Affected industries? Well, it's not like the financial sector wasn't already drowning in regulations. This bill will further burden small businesses, banks, and other financial institutions with more paperwork and compliance costs.
Compliance requirements? Timelines? Ha! Good luck with that. The CFPB will have to consult with various stakeholders, including the Small Business Administration, to minimize the impact on small businesses. Yeah, because that's always worked out well in the past.
Enforcement mechanisms and penalties? Oh, don't worry, there are plenty of those too. If the CFPB determines that a regulation would increase costs for small businesses, they'll have to justify it. And if the quantified benefits don't outweigh the costs... well, I'm sure the bureaucrats will just magically make it work.
Economic and operational impacts? (chuckles) Let's just say this bill is a job creation program for lawyers, accountants, and compliance officers. The financial sector will love spending more money on regulatory overhead, and small businesses will be thrilled to spend their limited resources on paperwork instead of actual innovation.
Diagnosis: This bill is suffering from a bad case of "Regulatory Fever", where the symptoms include an overabundance of bureaucratic zeal, a complete disregard for the law of unintended consequences, and a healthy dose of congressional hubris. Treatment? A strong dose of skepticism, a dash of common sense, and a willingness to actually listen to the people affected by these regulations.
Prognosis: This bill will likely pass with flying colors, because who doesn't love more regulations? The financial sector will grumble, small businesses will suffer, and the CFPB will get to justify its existence. Just another day in the sausage factory that is Congress.
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Project 2025 Policy Matches
This bill shows semantic similarity to the following sections of the Project 2025 policy document. Higher similarity scores indicate stronger thematic connections.
Introduction
ā 837 ā Financial Regulatory Agencies l Require the SEC and the CFTC to publish a detailed annual report on SRO supervision. AUTHORāS NOTE: The preparation of this chapter was a collective enterprise of individuals involved in the 2025 Presidential Transition Project. All contributors to this chapter are listed at the front of this volume, but Paul Atkins, C. Wallace DeWitt, Christopher Iacovella, Brian Knight, Chelsea Pizzola, and Andrew Vollmer deserve special mention. The author alone assumes responsibility for the content of this chapter, and no views expressed herein should be attributed to any other individual. CONSUMER FINANCIAL PROTECTION BUREAU Robert Bowes The Consumer Financial Protection Bureau (CFPB) was authorized in 2010 by the DoddāFrank Act.32 Since the Bureauās inception, its status as an āinde- pendentā agency with no congressional oversight has been questioned in multiple court cases, and the agency has been assailed by critics33 as a shakedown mecha- nism to provide unaccountable funding to leftist nonprofits politically aligned with those who spearheaded its creation. In 2015, for example, Investorās Business Daily accused the CFPB of ādiverting potentially millions of dollars in settlement payments for alleged victims of lending bias to a slush fund for poverty groups tied to the Democratic Partyā and plan- ning āto create a so-called Civil Penalty Fund from its own shakedown operations targeting financial institutionsā that would use āramped-up (and trumped-up) anti-discrimination lawsuits and investigationsā to ābankroll some 60 liberal non- profits, many of whom are radical Acorn-style pressure groups.ā34 The CFPB has a fiscal year (FY) 2023 budget of $653.2 million35 and 1,635 full- time equivalent (FTE) employees.36 From FY 2012 through FY 2020, it imposed approximately $1.25 billion in civil money penalties;37 in FY 2022, it imposed approximately $172.5 million in civil money penalties.38 These penalties are imposed by the CFPB Civil Penalty Fund, described as āa victims relief fund, into which the CFPB deposits civil penalties it collects in judicial and administrative actions under Federal consumer financial laws.ā39 The CFPB is headed by a single Director who is appointed by the President to a five-year term.40 Its organizational structure includes five divisions: Operations; Consumer Education and External Affairs; Legal; Supervision, Enforcement and Fair Lending; and Research, Monitoring and Regulations.41 Each of these divisions reports to the Office of the Director, except for the Operations Division, which reports to the Deputy Director. Passage of Title X of DoddāFrank was a bid to placate concern over a series of regulatory failures identified in the wake of the 2008 financial crisis. The law imported a new superstructure of federal regulation over consumer finance and ā 838 ā Mandate for Leadership: The Conservative Promise mortgage lending and servicing industries traditionally regulated by state bank- ing regulators. Consumer protection responsibilities previously handled by the Office of the Comptroller of the Currency, Office of Thrift Supervision, Federal Deposit Insurance Corporation, Federal Reserve, National Credit Union Admin- istration, and Federal Trade Commission were transferred to and consolidated in the CFPB, which issues rules, orders, and guidance to implement federal consumer financial law. The CFPB collects fines from the private sector that are put into the Civil Pen- alty Fund.42 The fund serves two ostensible purposes: to compensate the victims whom the CFPB perceives to be harmed and to underwrite āconsumer educationā and āfinancial literacyā programs.43 How the Civil Penalty Fund is spent is at the discretion of the CFPB Director. The CFPB has been unclear as to how it decides what āconsumer educationā or āfinancial literacy programsā to fund.44 As noted, critics have charged that money from the Civil Penalty Fund has ended up in the pockets of leftist activist organizations. In Seila Law LLC v. Consumer Financial Protection Bureau,45 the Supreme Court of the United States held that the CFPBās leadership by a single individual remov- able only for inefficiency, neglect, or malfeasance violated constitutional separation of powers requirements because ā[t]he Constitution requires that such officials remain dependent on the President, who in turn is accountable to the people.ā46 The CFPB Director is thus subject to removal by the President. The CFPB is not subject to congressional oversight, and its funding is not determined by elected lawmakers in Congress as part of the typical congressional appropriations process. It receives its funding from the Federal Reserve, which is itself funded outside the appropriations process through bank assessments. CFPB funding represents 12 percent of the total operating expenses of the Fed- eral Reserve and is disbursed by the unelected Board of Governors of the Federal Reserve System.47 This is not the case with respect to any other federal agency. On October 19, 2022, in Community Financial Services Association of America v. Consumer Financial Protection Bureau, the U.S. Court of Appeals for the Fifth Circuit held that the CFPBās āperpetual insulation from Congressās appropriations power, including the express exemption from congressional review of its funding, renders the Bureau āno longer dependent and, as a result, no longer accountableā to Congress and, ultimately, to the peopleā48 and that ā[b]y abandoning its āmost complete and effectualā check on āthe overgrown prerogatives of the other branches of the governmentāāindeed, by enabling them in the Bureauās caseāCongress ran afoul of the separation of powers embodied in the Appropriations Clause.ā49 The Court further remarked that the CFPBās ācapacious portfolio of authority acts āas a mini legislature, prosecutor, and court, responsible for creating substantive rules for a wide swath of industries, prosecuting violations, and levying knee-buckling penalties against private citizens.āā50
About These Correlations
Policy matches are calculated using semantic similarity between bill summaries and Project 2025 policy text. A score of 60% or higher indicates meaningful thematic overlap. This does not imply direct causation or intent, but highlights areas where legislation aligns with Project 2025 policy objectives.