Title 12Banks and BankingRelease 119-73

§5492 Executive and administrative powers

Title 12 › Chapter CHAPTER 53— - WALL STREET REFORM AND CONSUMER PROTECTION › Subchapter SUBCHAPTER V— - BUREAU OF CONSUMER FINANCIAL PROTECTION › Part Part A— - Bureau of Consumer Financial Protection › § 5492

Last updated Apr 6, 2026|Official source

Summary

The Bureau can set its own rules and run its day-to-day operations. It can make rules for how it works, sign contracts, create offices, coordinate its admin, enforcement, and research work, use a seal, decide what it must spend money on, hire and supervise staff, assign work, spend funds, enforce consumer financial laws through rules, orders, guidance, exams, and enforcement actions, and do other tasks the law allows. The Director can give any of the Bureau’s powers to authorized employees, representatives, or agents. The Federal Reserve Board can give the Bureau authority to examine people the Board supervises for compliance with consumer financial laws. But the Board may not interfere in Bureau matters or proceedings (unless another law says it can), may not hire, fire, or direct Bureau officers, and may not merge the Bureau into its own units. The Board cannot approve, review, delay, or stop Bureau rules or orders. No U.S. officer or agency can force the Director to get approval before sending legislative advice or testimony to Congress if the Director says those views are the Director’s and not necessarily the Board’s or the President’s. The Bureau and the Board are not legally responsible for each other’s actions or failures.

Full Legal Text

Title 12, §5492

Banks and Banking — Source: USLM XML via OLRC

(a)The Bureau is authorized to establish the general policies of the Bureau with respect to all executive and administrative functions, including—
(1)the establishment of rules for conducting the general business of the Bureau, in a manner not inconsistent with this title; 11 See References in Text note below.
(2)to bind the Bureau and enter into contracts;
(3)directing the establishment and maintenance of divisions or other offices within the Bureau, in order to carry out the responsibilities under the Federal consumer financial laws, and to satisfy the requirements of other applicable law;
(4)to coordinate and oversee the operation of all administrative, enforcement, and research activities of the Bureau;
(5)to adopt and use a seal;
(6)to determine the character of and the necessity for the obligations and expenditures of the Bureau;
(7)the appointment and supervision of personnel employed by the Bureau;
(8)the distribution of business among personnel appointed and supervised by the Director and among administrative units of the Bureau;
(9)the use and expenditure of funds;
(10)implementing the Federal consumer financial laws through rules, orders, guidance, interpretations, statements of policy, examinations, and enforcement actions; and
(11)performing such other functions as may be authorized or required by law.
(b)The Director of the Bureau may delegate to any duly authorized employee, representative, or agent any power vested in the Bureau by law.
(c)(1)Notwithstanding any other provision of law applicable to the supervision or examination of persons with respect to Federal consumer financial laws, the Board of Governors may delegate to the Bureau the authorities to examine persons subject to the jurisdiction of the Board of Governors for compliance with the Federal consumer financial laws.
(2)Notwithstanding the authorities granted to the Board of Governors under the Federal Reserve Act [12 U.S.C. 221 et seq.], the Board of Governors may not—
(A)intervene in any matter or proceeding before the Director, including examinations or enforcement actions, unless otherwise specifically provided by law;
(B)appoint, direct, or remove any officer or employee of the Bureau; or
(C)merge or consolidate the Bureau, or any of the functions or responsibilities of the Bureau, with any division or office of the Board of Governors or the Federal reserve banks.
(3)No rule or order of the Bureau shall be subject to approval or review by the Board of Governors. The Board of Governors may not delay or prevent the issuance of any rule or order of the Bureau.
(4)No officer or agency of the United States shall have any authority to require the Director or any other officer of the Bureau to submit legislative recommendations, or testimony or comments on legislation, to any officer or agency of the United States for approval, comments, or review prior to the submission of such recommendations, testimony, or comments to the Congress, if such recommendations, testimony, or comments to the Congress include a statement indicating that the views expressed therein are those of the Director or such officer, and do not necessarily reflect the views of the Board of Governors or the President.
(5)The Bureau shall not be liable under any provision of law for any action or inaction of the Board of Governors, and the Board of Governors shall not be liable under any provision of law for any action or inaction of the Bureau.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This title, referred to in subsec. (a)(1), is title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 1955, known as the Consumer Financial Protection Act of 2010, which enacted this subchapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of title X to the Code, see

Short Title

note set out under section 5301 of this title and Tables. The Federal Reserve Act, referred to in subsec. (c)(2), is act Dec. 23, 1913, ch. 6, 38 Stat. 251, which is classified principally to chapter 3 (§ 221 et seq.) of this title. For complete classification of this Act to the Code, see

References in Text

note set out under section 226 of this title and Tables.

Reference

Citations & Metadata

Citation

12 U.S.C. § 5492

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73