[co-author: David Baumann]
On January 3, 2026, the Senate sent the nomination of Stuart Levenbach to be CFPB Director back to the President—a move that would allow Russell Vought to remain acting head of the bureau through August 1.
President Trump nominated Levenbach, an Associate Director of the Office of Management and Budget, as CFPB Director in November. Levenbach handles natural resources, energy, science and water issues. During President Trump’s first term, Levenbach was chief of staff of the National Oceanic and Atmospheric Administration. He does not have a background in consumer protection and his nomination was widely considered to be a technical one to allow Vought to stay as bureau Director for more time.
Vought is director of the Office of Management and Budget and has been serving in an acting capacity at the CFPB. He has said that his goal is to close the CFPB in the coming months. The Trump Administration has tried to lay off more than 1,400 bureau employees, but that move is tied up in federal court.
Trump originally nominated Jonathan McKernan to head the CFPB, but McKernan eventually joined the Treasury department and his nomination was withdrawn.
However, under the Act, once a second person is nominated to fill the position, the acting director may serve while the nomination is pending in the Senate. Should that nomination be rejected, returned, or withdrawn, the acting director may continue to serve for an additional 210 days from the date of the rejection, return, or withdrawal.
Under the Federal Vacancies Reform Act, Vought could only serve as Acting Director for 210 days from May 12, 2025, the date that McKernan’s nomination was officially withdrawn, absent a second nomination.
However, under the Act, once a second person is nominated to fill the position, the acting director may serve while the nomination is pending in the Senate. Should that nomination be rejected, returned, or withdrawn, the acting director may continue to serve for an additional 210 days from the date of the rejection, return, or withdrawal.
Vought may serve as Acting Director through August 1 and under the Vacancies Reform Act, Vought cannot be extended beyond that date by Trump simply nominating another candidate.
That is because the VRA only allows the extension for two nominations. Assuming that no one else is nominated and confirmed beforehand, as of August 2, the Deputy Director (presently Geoff Gradler) will automatically become the new Acting Director. Gradler was appointed in September of last year.
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