To amend the Consumer Financial Protection Act of 2010 to require that no deference be given to the interpretation of consumer financial law by the Bureau of Consumer Financial Protection, to define the scope of judicial review of Bureau actions, and for other purposes.

This bill amends the Consumer Financial Protection Act of 2010 to repeal the declaration that the deference that a court affords to the Consumer Financial Protection Bureau (CFPB) regarding its determination of the meaning or interpretation of any provision of a federal consumer financial law shall be applied as if the CFPB were the only agency authorized to apply, enforce, interpret, or administer the provisions of that law.

In any judicial review of a CFPB agency action, the reviewing court shall determine the meaning or applicability of the terms of a CFPB agency action and decide de novo all relevant questions of law, including the interpretation of constitutional and statutory provisions, as well as CFPB rules. No law may exempt any civil action for judicial review from the application of this bill except by specific reference to it.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5490 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5490

To amend the Consumer Financial Protection Act of 2010 to require that 
 no deference be given to the interpretation of consumer financial law 
by the Bureau of Consumer Financial Protection, to define the scope of 
       judicial review of Bureau actions, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2016

  Mrs. Love introduced the following bill; which was referred to the 
 Committee on Financial Services, and in addition to the Committee on 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Consumer Financial Protection Act of 2010 to require that 
 no deference be given to the interpretation of consumer financial law 
by the Bureau of Consumer Financial Protection, to define the scope of 
       judicial review of Bureau actions, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. NO DEFERENCE TO THE INTERPRETATION OF CONSUMER FINANCIAL LAW 
              BY THE BUREAU OF CONSUMER FINANCIAL PROTECTION.

    (a) No Deference to Bureau Interpretation Over the Interpretation 
of Another Agency.--The Consumer Financial Protection Act of 2010 (12 
U.S.C. 5481 et seq.) is amended--
            (1) in section 1022(b)(4)--
                    (A) by striking ``(A) In general.--''; and
                    (B) by striking subparagraph (B); and
            (2) in section 1061(b)(5)(E)--
                    (A) by striking ``affords the--'' and all that 
                follows through ``(i) Federal Trade Commission'' and 
                inserting ``affords the Federal Trade Commission'';
                    (B) by striking ``; or'' and inserting a period; 
                and
                    (C) by striking clause (ii).

SEC. 2. SCOPE OF JUDICIAL REVIEW OF BUREAU ACTIONS.

    Section 1022 of the Consumer Financial Protection Act of 2010 (12 
U.S.C. 5512) is amended by adding at the end the following:
    ``(e) Scope of Judicial Review of Agency Actions.--Notwithstanding 
any other provision of law, in any judicial review of an agency action 
of the Bureau pursuant to chapter 7 of title 5, United States Code, to 
the extent necessary to decision and when presented, the reviewing 
court shall determine the meaning or applicability of the terms of an 
agency action of the Bureau and decide de novo all relevant questions 
of law, including the interpretation of constitutional and statutory 
provisions, and rules made by the Bureau. Notwithstanding any other 
provision of law, this subsection shall apply in any action for 
judicial review of an agency action of the Bureau authorized under any 
provision of law. No law may exempt any such civil action from the 
application of this subsection except by specific reference to this 
subsection.''.
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