House Financial Services Committee Chairman Rep. Jeb Hensarling (R-Texas) played a powerful political cardthis week when he said Consumer Financial Protection Bureau Director Richard Cordraywon't be allowed to testify until confirmed by the Senate.

The committee was expected to call Cordray to a hearing incoming weeks, as it has before, to present the CFPB's semi-annualreport to Congress.

Also Read:
Waters Says Not So Fast

Hensarling said Monday that untilCordray is confirmed, “the committee intends to continue to conductrigorous oversight of the CFPB's activities, and will expect theCFPB's cooperation in those efforts, including making otheremployees available to testify at committee hearings and respondingfully to committee requests for documents and information.”

In a letter to CFPB General Counsel Meredith Fuchs, Hensarlingreferenced a Jan. 25 District of Columbia federal appeals courtruling that invalidated appointments made by President BarackObama while the Senate was in recess. Those appointments were madethe same day Cordray was also appointed to head the CFPB.

“The court's unanimous ruling makes it clear that there is nolegally appointed director of the CFPB at this time,” the TexasRepublican said. “By law, the committee can receive thistestimony only from a director who is appointed in accordance withthe Constitution and the Dodd-Frank Act, which created thebureau.”

Hensarling also sent a letter on Monday to Cordray, noting the federal appeals courtruling and requirements under Dodd-Frank that specify the CFPBdirector must be appointed with the adviceand consent of the Senate.

“Absent contrary guidance from the United States Supreme Court,you do not meet the statutory requirements of a validly-servingdirector of the CFPB, and cannot be recognized as such,” Hensarlingwrote.

Hensarling and other Republicans have called for a bipartisancommission to replace Cordray's director position. They have alsosaid the CFPB should be subject to the appropriations process,which are typical checks and balances for federalagencies.

Hensarling also said Sen. Elizabeth Warren (D-Mass.), whocreated the CFPB, originally called for the agency to be governedby a bipartisan board.