Proposed Regulation

NAFCU Regulatory Alerts are member-only resources containing important highlights and summaries for proposed rulemakings that affect credit unions. Each alert PDF also provides a link to send NAFCU comments that we will include in our letter to the agency or agencies that issued the proposed rule.

CISA: Cyber Incident Reporting

On April 4, 2024, the Cybersecurity and Infrastructure Security Agency (CISA) published a notice of proposed rulemaking to implement cyber incident and ransom payment reporting requirements adopted in the Cyber Incident Reporting for Critical Infrastructure Act of 2022, which requires covered entities to report cyber incidents within 72 hours after the covered entity reasonably believes that the covered cyber incident has occurred and ransom payments made in response to a ransomware attack within 24 hours after the ransom payment has been made.

FinCEN: RFCs on Collection of Information re: CTRs, SARs, and Beneficial Ownership Requirements

As required by the Paperwork Reduction Act (PRA), through three separate requests for comment (RFC), FinCEN is soliciting input on existing information collections associated with:

CFPB: Fees for Instantaneously Declined Transactions

On January 24, 2024, the Consumer Financial Protection Bureau (CFPB or Bureau) released a notice of proposed rulemaking to prohibit covered financial institutions from charging fees, such as nonsufficient funds (NSF) fees, when consumers initiate payment transactions that are instantaneously declined. Under the rule, charging such fees would constitute an abusive practice under the Consumer Financial Protection Act’s prohibition on unfair, deceptive, or abusive acts or practices (UDAAP).

FinCEN: RFC on Collection of Information re BOI Access Request

In conjunction with FinCEN’s Beneficial Ownership Information (BOI) rulemakings, which implement the Corporate Transparency Act, FinCEN is soliciting feedback on the burden estimate associated with a component of the BOI Access Rule that was finalized in December. Along with the burden estimate, this request for comment (RFC) includes the method by which financial institutions must provide certification to FinCEN when requesting access to the BOI database.

CFPB: Overdraft Lending – Very Large Financial Institutions

On January 17, 2024, the Consumer Financial Protection Bureau (CFPB or Bureau) released a notice of proposed rulemaking to amend Regulations E and Z to update regulatory exceptions for overdraft credit provided by very large financial institutions.

23-EA-24: CFPB - Defining Larger Participants of a Market for General-Use Digital Consumer Payment Applications

On November 7, 2023, the Consumer Financial Protection Bureau (CFPB) published a notice of proposed rulemaking (NPRM) that would designate certain nonbanks offering “general-use digital consumer payment applications” as larger participants subject to the agency’s supervisory jurisdiction.

23-EA-23: FinCEN - Convertible Virtual Currency Mixing

On October 23, 2023, the Financial Crimes Enforcement Network (FinCEN) published a notice of proposed rulemaking (NPRM) in the Federal Register. This proposed rule requires domestic financial institutions to implement certain recordkeeping and reporting requirements for transactions involving convertible virtual currency (CVC) mixing. CVC mixing facilitates CVC transactions in a manner that obfuscates the source, destination, or amount involved in a transaction.

23-EA-22: Federal Reserve - Debit Interchange Fees and Routing

On October 25, 2023, the Board of Governors of the Federal Reserve System (Board) released a notice of proposed rulemaking to update the three components of the interchange fee cap based on the latest data reported to the Board and update the interchange fee cap every other year going forward based on data from the Board’s biennial survey of large debit card issuers.

23-EA-21: NCUA - Fair Hiring in Banking

On October 19, 2023, the National Credit Union Administration (NCUA) Board unanimously agreed to publish a notice of proposed rulemaking (NPRM). This proposed rule would allow people convicted of certain minor offenses to work in the credit union industry without applying for the NCUA Board’s approval.

23-EA-20: CFPB - Personal Financial Data Rights

On October 19, 2023, the Consumer Financial Protection Bureau (CFPB) published a notice of proposed rulemaking (NPRM) to implement section 1033 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).