[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2213 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2213

To replace the Director of the Bureau of Consumer Financial Protection 
                     with a five-person Commission.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 3, 2014

 Mrs. Fischer introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To replace the Director of the Bureau of Consumer Financial Protection 
                     with a five-person Commission.

    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 
Commission Act of 2014''.

SEC. 2. ESTABLISHMENT OF THE COMMISSION.

    Section 1011 of the Consumer Financial Protection Act of 2010 (12 
U.S.C. 5491) is amended--
            (1) by striking subsections (b), (c), and (d);
            (2) by redesignating subsection (e) as subsection (j); and
            (3) by inserting after subsection (a) the following new 
        subsections:
    ``(b) Establishment of the Commission.--
            ``(1) In general.--There is established a commission 
        (referred to in this title as the `Commission') that shall 
        serve as the head of the Bureau.
            ``(2) Authority to prescribe regulations.--The Commission--
                    ``(A) may prescribe such regulations and issue such 
                orders in accordance with this title as the Commission 
                may determine to be necessary for carrying out this 
                title and all other laws within the jurisdiction of the 
                Commission; and
                    ``(B) shall exercise any authorities granted under 
                this title and all other laws within the jurisdiction 
                of the Commission.
    ``(c) Composition of the Commission.--
            ``(1) In general.--The Commission shall be composed of 5 
        members who shall be appointed by the President, by and with 
        the advice and consent of the Senate, from among individuals 
        who--
                    ``(A) are citizens of the United States; and
                    ``(B) have strong competencies and experiences 
                related to consumer financial protection.
            ``(2) Staggering.--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.
            ``(3) Terms.--
                    ``(A) In general.--Except as provided in paragraph 
                (2), each member of the Commission, including the 
                Chair, shall serve for a term of 5 years.
                    ``(B) Removal for cause.--The President may remove 
                any member of the Commission only for inefficiency, 
                neglect of duty, or malfeasance in office.
                    ``(C) Vacancies.--Any member of the Commission 
                appointed to fill a vacancy occurring before the 
                expiration of the term to which the predecessor of that 
                member was appointed (including the Chair) shall be 
                appointed only for the remainder of the term.
                    ``(D) Continuation of service.--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 for more than 1 year 
                after the date on which the term of that member would 
                otherwise expire.
                    ``(E) Other employment prohibited.--No member of 
                the Commission shall engage in any other business, 
                vocation, or employment during the term of service of 
                that member on the Commission.
    ``(d) Affiliation.--With respect to members appointed pursuant to 
subsection (c), not more than 3 shall be members of any one political 
party.
    ``(e) Chair of the Commission.--
            ``(1) Appointment.--The Chair of the Commission shall be 
        appointed by the President from among the members of the 
        Commission.
            ``(2) Authority.--The Chair shall be the principal 
        executive officer of the Bureau, and shall exercise all of the 
        executive and administrative functions of the Bureau, including 
        with respect to--
                    ``(A) the appointment and supervision of personnel 
                employed under the Bureau (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 Bureau; and
                    ``(C) the use and expenditure of funds.
            ``(3) Limitation.--In carrying out any of the functions of 
        the Chair 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.
            ``(4) Requests or estimates related to appropriations.--
        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.
    ``(f) No Impairment by Reason of Vacancies.--No vacancy in the 
membership of the Commission 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 membership of 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 membership of 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.
    ``(g) Seal.--The Commission shall have an official seal.
    ``(h) Compensation.--
            ``(1) Chair.--The Chair shall receive compensation at the 
        rate prescribed for level II of the Executive Schedule under 
        section 5313 of title 5, United States Code.
            ``(2) Other members of the commission.--The 4 members of 
        the Commission other than the Chair shall each receive 
        compensation at the rate prescribed for level III of the 
        Executive Schedule under section 5314 of title 5, United States 
        Code.
    ``(i) Initial Quorum Established.--During any time period prior to 
the date of confirmation of at least 2 members of the Commission, 1 
member of the Commission shall constitute a quorum for the transaction 
of business. Following the confirmation of at least 2 additional 
commissioners, the quorum requirements of subsection (f) shall 
apply.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Consumer Financial Protection Act of 2010.--
            (1) In general.--Except as provided under paragraph (2), 
        the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 
        et seq.) is amended--
                    (A) by striking ``Director of the'' each place that 
                term appears, other than where that term is used to 
                refer to a Director other than the Director of the 
                Bureau of Consumer Financial Protection;
                    (B) by striking ``Director'' each place that term 
                appears, other than where that term is used to refer to 
                a Director other than the Director of the Bureau of 
                Consumer Financial Protection, and inserting 
                ``Bureau''; and
                    (C) in section 1002, by striking paragraph (10) and 
                inserting the following:
            ``(10) [Reserved].''.
            (2) Exceptions.--The Consumer Financial Protection Act of 
        2010 (12 U.S.C. 5481 et seq.) is amended--
                    (A) in section 1012(c)(4), by striking ``Director'' 
                each place that term appears and inserting ``Commission 
                of the Bureau'';
                    (B) in section 1013(c)(3)--
                            (i) by striking ``Assistant Director of the 
                        Bureau for'' and inserting ``Head of the Office 
                        of''; and
                            (ii) in subparagraph (B), by striking 
                        ``Assistant Director'' and inserting ``Head of 
                        the Office'';
                    (C) in section 1013(g)(2)--
                            (i) in the paragraph heading, by striking 
                        ``Assistant director'' and inserting ``Head of 
                        the office''; and
                            (ii) by striking ``an assistant director'' 
                        and inserting ``a Head of the Office of 
                        Financial Protection for Older Americans'';
                    (D) in section 1016(a), by striking ``Director of 
                the Bureau'' and inserting ``Chair of the Commission'';
                    (E) in section 1017(c)(1), by striking the 
                ``Director'' the second place that term appears, and 
                inserting the ``Commission of the Bureau'';
                    (F) in section 1027(l)(1), by striking ``Director 
                and the''; and
                    (G) in section 1066(a), by striking ``Director of 
                the Bureau is'' and inserting ``first member of the 
                Commission is''.
    (b) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The 
Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 
111-203) is amended--
            (1) in section 111(b)(1)(D), by striking ``Director'' and 
        inserting ``Chair of the Commission''; and
            (2) in section 1447, by striking ``Director of the Bureau'' 
        each place that term appears and inserting ``Bureau''.
    (c) Electronic Fund Transfer Act.--Section 921(a)(4)(C) of the 
Electronic Fund Transfer Act (15 U.S.C. 1693o-2(a)(4)(C)) is amended by 
striking ``Director of the Bureau of Consumer Financial Protection'' 
and inserting ``Bureau of Consumer Financial Protection''.
    (d) Expedited Funds Availability Act.--The Expedited Funds 
Availability Act (12 U.S.C. 4001 et seq.) is amended by striking 
``Director of the Bureau'' each place that term appears and inserting 
``Bureau''.
    (e) Federal Deposit Insurance Act.--Section 2 of the Federal 
Deposit Insurance Act (12 U.S.C. 1812) is amended by striking 
``Director of the Consumer Financial Protection Bureau'' each place 
that term appears and inserting ``Chair of the Commission of the Bureau 
of Consumer Financial Protection''.
    (f) Federal Financial Institutions Examination Council Act of 
1978.--Section 1004(a)(4) of the Federal Financial Institutions 
Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)) is amended by 
striking ``Director of the Consumer Financial Protection Bureau'' and 
inserting ``Chair of the Commission of the Bureau of Consumer Financial 
Protection''.
    (g) Financial Literacy and Education Improvement Act.--Section 513 
of the Financial Literacy and Education Improvement Act (20 U.S.C. 
9702) is amended by striking ``Director'' each place that term appears 
and inserting ``Chair of the Commission''.
    (h) Home Mortgage Disclosure Act of 1975.--Section 307 of the Home 
Mortgage Disclosure Act of 1975 (12 U.S.C. 2806) is amended by striking 
``Director of the Bureau of Consumer Financial Protection'' each place 
that term appears and inserting ``Bureau of Consumer Financial 
Protection''.
    (i) Interstate Land Sales Full Disclosure Act.--The Interstate Land 
Sales Full Disclosure Act (15 U.S.C. 1701 et seq.) is amended--
            (1) in section 1402, by striking paragraph (1) and 
        inserting the following:
    ``(1) `Chair' means the Chair of the Commission of the Bureau of 
Consumer Financial Protection;''; and
            (2) in section 1416(a), by striking ``Director of the 
        Bureau of Consumer Financial Protection'' and inserting 
        ``Chair''.
    (j) Real Estate Settlement Procedures Act of 1974.--Section 5 of 
the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604) is 
amended--
            (1) 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''; and
            (2) by striking ``Director'' each place that term appears 
        and inserting ``Bureau''.
    (k) S.A.F.E. Mortgage Licensing Act of 2008.--The S.A.F.E. Mortgage 
Licensing Act of 2008 (12 U.S.C. 5101 et seq.) is amended--
            (1) by striking ``Director'' each place that term appears, 
        other than where such term is used in the context of the 
        Director of the Office of Thrift Supervision, and inserting 
        ``Bureau''; and
            (2) in section 1503, by striking paragraph (10) and 
        inserting the following:
            ``(10) [Reserved].''.
    (l) Title 44, United States Code.--Section 3513(c) of title 44, 
United States Code, is amended by striking ``Director of the Bureau'' 
and inserting ``Bureau''.

SEC. 4. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall be effective 
as of July 16, 2018.
                                 <all>