usc 12 § 5492
Executive and administrative powers (BANKS AND BANKING (12 U.S.C.))
Operative Text
The Bureau is authorized to establish the general policies of the Bureau with respect to all executive and administrative functions, including— the establishment of rules for conducting the general business of the Bureau, in a manner not inconsistent with this title; to bind the Bureau and enter into contracts; 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; to coordinate and oversee the operation of all administrative, enforcement, and research activities of the Bureau; to adopt and use a seal; to determine the character of and the necessity for the obligations and expenditures of the Bureau; the appointment and supervision of personnel employed by the Bureau; the distribution of business among personnel appointed and supervised by the Director and among administrative units of the Bureau; the use and expenditure of funds; implementing the Federal consumer financial laws through rules, orders, guidance, interpretations, statements of policy, examinations, and enforcement actions; and performing such other functions as may be authorized or required by law. The Director of the Bureau may delegate to any duly authorized employee, representative, or agent any power vested in the Bureau by law. 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. Notwithstanding the authorities granted to the Board of Governors under the Federal Reserve Act [ et seq.], the Board of Governors may not— intervene in any matter or proceeding before the Director, including examinations or enforcement actions, unless otherwise specifically provided by law; appoint, direct, or remove any officer or employee of the Bureau; or 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. 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. 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. 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.
Section 5492 of Title 12 defines the scope of executive and administrative authority held by the Consumer Financial Protection Bureau (CFPB) and its Director. The provision grants the Bureau broad internal governance powers—covering personnel, contracts, finances, rulemaking, and enforcement—while explicitly insulating the Bureau from interference by the Federal Reserve's Board of Governors. Rules and orders issued by the Bureau are not subject to the Board of Governors' approval, and the two bodies bear no legal liability for each other's actions or inactions.
Plain English — not legal advice.
For property owners and managers subject to Federal consumer financial laws—such as those governing mortgage lending or certain credit products—12 U.S.C. § 5492 establishes that the CFPB has independent authority to issue rules, conduct examinations, and take enforcement actions without Board of Governors oversight. Compliant operators generally stay current with CFPB-issued rules, orders, and guidance as the authoritative source of their compliance obligations, rather than looking to the Federal Reserve for direction on consumer financial law requirements. Understanding that the Bureau operates independently helps operators identify the correct regulatory channel when responding to examinations or inquiries.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 12 U.S.C. § 5492, the CFPB has the independent authority to implement and enforce Federal consumer financial laws through rulemaking, examinations, and enforcement actions—meaning consumers have a dedicated federal body to turn to when they believe their rights under those laws have been violated. Tenants and consumers who encounter issues related to federally regulated financial products, such as mortgage disclosures or credit reporting, can direct complaints to the CFPB directly, as the Bureau is not subject to approval or interference from the Board of Governors. Tenant-rights organizations and housing counselors can help individuals understand which CFPB rules or enforcement paths may be relevant to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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