In the wake of the recent election, President-elect Trump has been making several Cabinet nominations and presidential appointments. However, the nominee for the Director of the Consumer Financial Protection Bureau (CFPB) has not yet been announced. Even once a nominee is chosen, they will need to be confirmed by the Senate before taking office. After his inauguration on January 20, President-elect Trump will have the authority to dismiss Director Chopra if he does not resign upon request.

Several scenarios could unfold regarding how this position might be filled:

According to CFPB statutes, if no action is taken, the Deputy Director is authorized to serve as Acting Director when there is a vacancy in the Director's position.

The Federal Vacancies Reform Act allows a government employee already occupying a Senate-confirmed or senior-level position within the department to temporarily assume an agency role without confirmation. The Act specifies who can serve as acting secretary or director and limits their service duration. Notably, anyone nominated for a Senate-confirmed position cannot also act as secretary or director. During presidential transitions, temporary heads may serve up to 300 days with full departmental powers.

Recess appointments provide another option under certain circumstances. The president can fill vacancies in executive branch positions without Senate confirmation during recesses exceeding ten days. These appointments expire at the end of the next Senate session. Though less common recently, previous administrations have used them; Presidents Clinton made 139 such appointments, Bush 171, and Obama 32.

The regular order Senate confirmation process involves nomination by the president followed by Senate approval through hearings and votes. Historically, over 500 Cabinet nominations have been confirmed through this method.

A related cultural note: "Advise & Consent," a political drama based on Allen Drury's novel, dramatizes this process and was among the last films granted extensive access to U.S. Senate spaces for filming.

November 18th, 2024