Lawyers for the Trump administration notified a federal court of their findings in a Monday letter, which came as a filing in the National Treasury Employees Union’s lawsuit against acting director of the CFPB Russell Vought.

“Defendants respectfully submit this notice to inform the Court and the parties that the Consumer Financial Protection Bureau anticipates exhausting its currently available funds in early 2026. Under the Office of Legal Counsel’s opinion, issued on Friday, ‘the Federal Reserve currently lacks combined earnings from which the CFPB can draw,’” the notice from the Department of Justice lawyers reads.

In a Nov. 7 memo, assistant attorney general for the Office of Special Counsel T. Elliot Gaiser wrote that the OSC determined the “combined earning of the Federal Reserve System,” which fund the CFPB, refer to the profits of the Federal Reserve, and the Federal Reserve has not been profitable since 2022.

“If the Federal Reserve has no profits, it cannot transfer money to the CFPB,” Gaiser wrote. “Because the only lawful source of funding from the Federal Reserve has dried up, the proper method for obtaining additional funds is to request them from Congress.”

A DIMINISHED CFPB, ELIZABETH WARREN’S BRAINCHILD, SURVIVES LATEST GOP THREAT

In the DOJ’s notice to the court of the expected lapse in funds, the Trump administration said Vought is “preparing a report to the President and to congressional appropriations committees,” but that the CFPB “does not know whether and the extent to which Congress will appropriate funding” for the watchdog.

With a majority in both chambers of Congress, Republicans largely frown upon the CFPB. Senate Banking Committee Republicans sought, unsuccessfully, to completely defund the agency’s operating budget this year.