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Friday, May 19, 2023 1:43:17 PM
eral bank regulators would be subject to the same consti-
tutional claim."
"A. No federal bank regulator is funded through an-
nual appropriations.
Among federal bank regulators, the CFPB’s funding
mechanism is typical. Not one federal bank regulator is
funded by standard congressional appropriations."
"These other bank regulators, moreover, are funded
using similar mechanisms. The Office of the Comptroller
of the Currency (OCC) is funded through chartering and
examination fees assessed on national banks. See 12
U.S.C. 16. Similarly, the Federal Deposit Insurance Cor-
poration (FDIC), the National Credit Union Administra-
tion (NCUA), and the Farm Credit System Insurance
Corporation are funded with insurance premiums as-
sessed on the mutual insurance funds that those agencies administer. See Henry B. Hogue et al., Cong. Rsch. Serv.,
Independence of Federal Financial Regulators: Struc-
ture, Funding, and Other Issues 27 (Feb. 28, 2017),
https://perma.cc/XXM5-GH7N (Independence of Federal
Financial Regulators); Farm Credit Sys. Ins. Corp., Au-
dited Financial Statements for the Years Ended Decem-
ber 31, 2022 and 2021 F5 (2023), https://perma.cc/
VR2S-CTRM. The Farm Credit Administration is funded
by assessments on the banks and credit associations that
make up the Farm Credit System. See 12 U.S.C. 2002,
2250(a). And the Federal Housing Finance Agency is
funded by assessments on Fannie Mae, Freddie Mac, and
the Federal Home Loan Banks. 12 U.S.C. 4516."
"Although the CFPB regulates more entities than does
the Federal Housing Finance Agency, the latter regulates
entities that finance nearly all domestic residential mort-
gage lending. The Farm Credit Administration, moreo-
ver, regulates lenders that finance over 40% of the U.S.
agriculture industry. See Farm Credit Admin., History of
FCA, https://perma.cc/27ZV-F77B (updated Oct. 12,
2021). And while the FDIC, OCC, and NCUA supervise a
smaller group of entities, those agencies regulate both
consumer financing and, more broadly, “safety and sound-
ness.” See, e.g., 12 U.S.C. 93(b), 1786, 1818."
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