During the first two years of the Biden Administration, U.S. Congress appropriated significant amounts of funding outside the regular annual process for several major multiyear initiatives. Major examples include the...more
On May 16, 2024, the U.S. Supreme Court issued a significant opinion in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd., upholding the funding structure of the Consumer...more
On May 16, 2024, the United States Supreme Court, in a 7-2 opinion authored by Justice Clarence Thomas, upheld the constitutionality of the funding mechanism of the Consumer Financial Protection Bureau (“CFPB” or “Bureau”)....more
By a 7-2 vote today, the U.S. Supreme Court rebuffed a challenge to the constitutionality of the Consumer Financial Protection Bureau's funding structure, lifting a cloud that threatened the agency's enforcement and...more
On May 16, 2024, the U.S. Supreme Court issued its decision in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd. In an opinion by Justice Thomas, the Court held, 7-2, that...more
“Although there may be other constitutional checks on Congress’ authority to create and fund an administrative agency, specifying the source and purpose is all the control the Appropriations Clause requires.” With these...more
On May 16, 2024, the Supreme Court reversed a Fifth Circuit decision which held that the funding for the Consumer Financial Protection Bureau (CFPB) violated the Appropriations Clause. This case was viewed as pivotal to the...more
The Supreme Court of the United States issued three decisions today: CFPB v. Community Financial Services Association of America, Limited, No. 22-448: This case involves a constitutional challenge to the federal Consumer...more
The looming government shutdown will likely slow the pace of work at the FDA. The federal government will shut down on October 1, 2023 unless a deal is reached. In the event of a shutdown, 19% of FDA employees would be...more
On Saturday, June 3, President Biden signed into law the Fiscal Responsibility Act of 2023 (H.R. 3746; the “Act”). In addition to suspending the debt limit through January 1, 2025, the Act implements caps on both non-defense...more
On March 31, plaintiffs CFPB and the New York Attorney General moved the U.S. District Court for the Southern District of New York to lift its stay order in their litigation against a remittance provider in response to a...more
House - House Appropriations Chairwoman Kay Granger (R-TX) released fiscal year 2024 member request guidance. House Republicans announced as part of the guidance that congressionally directed spending, also known as...more
On Monday, February 27, the United States Supreme Court granted the petition for a writ of certiorari in the case Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd., No. 22-448,...more
On February 27, 2023, the Supreme Court granted the certiorari petition of the Consumer Financial Protection Bureau (CFPB) to hear a case that could cast doubt on all of the regulations that have been promulgated by the...more
House Majority Leader Steny Hoyer, House Appropriations Committee Chairwoman Rosa DeLauro, and Senate Appropriations Chairman Patrick Leahy have indicated that the U.S. House and Senate are on the verge of reinstating federal...more
President Donald Trump signed into law on Dec. 27 H.R. 133, an end-of-year legislative package that paired the long-awaited Energy Act of 2020, reauthorizing a number of U.S. Department of Energy (DOE) programs, with a...more
The Coronavirus Aid, Relief, and Economic Security (CARES) Act provided $150 billion to the Department of Treasury to be issued to states and local governments through the Coronavirus Relief Fund (CRF), also referred to as...more
Like his FY 2018 and FY 2019 budgets, President Trump’s FY 2020 budget would make the CFPB subject to the regular Congressional appropriations process....more
“No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.” –...more
On May 23, the House Appropriations Committee released the FY 2019 Financial Services spending bill, which provides funding for the Treasury Department, the Judiciary, the Small Business Administration, the Securities and...more
On a recent visit to Washington, D.C. to work on client issues, I attended any number of meetings where we discussed Federal appropriations. But before we get to an observation or two, here is a recap on the process for how...more