[20180212]LSB10074_D、 C.电路将CFPB的结构维护为宪法——第二部分.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i D.C. Circuit Upholds as Constitutional the Structure of the CFPB Part II February 12, 2018 As discussed in Part I of this two-part Sidebar, the en banc U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a decision last week upholding the structural design of the Consumer Financial Protection Bureau (CFPB). The court ruled in PHH Corp. v. CFPB that the features of independence granted to the agency in the Dodd Frank Act, including a provision that limits the circumstances in which the President can remove the CFPB Director, do not violate Article IIs vestment of executive power in the President. While Part I discusses the courts majority opinion, this part examines several of the separate opinions from PHH that take a different view of the constitutional issues at stake in the case. The Sidebar then concludes with some considerations for Congress, including the potential impact of the decision for the independence of federal agencies and the possibility of Supreme Court review of the en banc ruling. The lengthy PHH decision included several separate opinions that d