U.S. House of Representatives Financial Services Committee Chairman Jeb Hensarling, R-Texas, sent a letter to Consumer Financial Protection Bureau Director Richard Cordray, calling on the CFPB to comply with several executive orders before issuing any future rules.
Hensarling asked Cordray to give the Financial Services Committee a letter, by Oct. 26, indicating that the agency will commit to future full compliance with the requirements of four executive orders. Executive Order 12866 relates to regulatory planning and review, Executive Order 13563 touches on better regulations and regulatory review, and Executive Orders 13132 and 13175 relate to consultation with state authorities and Native American tribal governments, respectively, prior to rule issuance.
The letter follows an Oct. 11 decision by the U.S. Court of Appeals for the District of Columbia Circuit that reversed a CFPB penalty against PHH Corp., where the agency ordered the company to disgorge $109 million in collected premiums. The justices' 2-1 ruling also deemed the CFPB to be "unconstitutionally structured."
In his Oct. 19 letter, Hensarling pointed out that the decision also ruled that the CFPB would "continue to operate and perform its many duties, but will do so as an executive agency akin to other executive agencies headed by a single person, such as the Department of Justice or the Department of the Treasury," and are thus covered by executive orders.