The CFPB has submitted its Fall 2017 rulemaking agenda to the Fall 2017 Unified Agenda of Federal Regulatory and Deregulatory Actions issued by the Office of Information and Regulatory Affairs, a part of the Office of Management and Budget. The preamble indicates that the information in the agenda is current as of September 28, 2017 and “lists the regulatory matters that the CFPB reasonably anticipates having under consideration during the period from November 1, 2017, to October 31, 2018.”
Since former Director Cordray’s resignation became effective at midnight on November 24, the agenda does not reflect the CFPB’s rulemaking plans under the Trump Administration. Whether under the temporary leadership of Mick Mulvaney, President Trump’s designee as CFPB Acting Director, or the permanent leadership of a CFPB Director appointed by President Trump and confirmed by the Senate, the CFPB can be expected to review the rules and guidance finalized under former Director Cordray, and reassess the rulemaking activities that were in process at the time of his resignation.
The new agenda’s likely irrelevance is perhaps confirmed by the absence of any CFPB blog post about it. It had previously been the CFPB’s practice to publish a blog post announcing the online posting of an updated agenda it had submitted to the Unified Agenda.
Readers interested in viewing the preamble and agenda can do so at the links provided above. However, given the agenda’s unreliability as a road map of future CFPB rulemaking activity, rather than describing its contents in a blog post, we will instead hold a webinar on January 16, 2018, from 12 p.m. to 1 p.m. ET, on the fate of final and in-process CFPB rules under the Trump Administration. Click here for more information and to register.