[20180212]LSB10073_D、 C.电路支持CFPB第一部分的结构.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i D.C. Circuit Upholds as Constitutional the Structure of the CFPBPart I February 12, 2018 The entire U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a potentially important decision on January 31, upholding the structural design of the Consumer Financial Protection Bureau (CFPB). The en banc court held by a vote of 7-3 that the agencys various statutory elements of independence, including a provision that limited the Presidents authority to remove the CFPB Director, do not infringe upon the Presidents powers under Article II of the Constitution. The decision, PHH Corp. v. CFPB, comes after a previous (but since vacated) three-judge panel decision held that providing removal protections to the sole director of the CFPB violated the Constitution. Although the en banc court rejected the earlier panels constitutional reasoning, the D.C. Circuit nonetheless reinstated the previous decisions statutory holding, which had invalidated the CFPBs interpretation of the Real Estate Settlement Procedures Act of 1974 (RESPA). The D.C. Circuits latest decision therefore