Proposed Regulations

On May 1, 2023, the Consumer Financial Protection Bureau (CFPB or Bureau) published a notice of proposed rulemaking (NPRM) seeking to prescribe ability-to-repay rules for Property Assessed Clean Energy (PACE) financing and to apply the civil liability provisions of the Truth in Lending Act (TILA) for violations. Specifically, the Bureau proposes to implement Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA) section 307 and to amend Regulation Z to address how TILA applies to PACE transactions to account for the unique nature of PACE.

On April 25, 2023, the National Credit Union Administration (NCUA) published a request for information (RFI) seeking public input on current and future climate and natural disaster risks to federally insured credit unions (FICUs), related entities, their members, and the National Credit Union Share Insurance Fund (SIF). The NCUA also seeks input of any interested parties on the development of potential future guidance, regulation, reporting requirements, and/or supervisory approaches for FICUs’ management of climate-related financial risks.

On March 16, 2023, the Consumer Financial Protection Bureau (CFPB or Bureau) published a request for information (RFI) soliciting public feedback on the economic impact of Regulation Z’s Mortgage Loan Originator Rules (Loan Originator Rules).

On March 21, 2023, the Consumer Financial Protection Bureau (CFPB or Bureau) published a request for information (RFI) soliciting public feedback on the business practices of data brokers and other entities collecting and selling consumer information.

On February 16, 2023, the National Credit Union Administration (NCUA) released a proposed rule seeking comment on proposed amendments to the NCUA’s chartering and field of membership (FOM) regulations.

On February 1, 2023, the Consumer Financial Protection Bureau (CFPB or Bureau) published a notice of proposed rulemaking to amend Regulation Z to ensure fees charged on credit card accounts are “reasonable and proportional” to the late payment as required under the Truth in Lending Act (TILA).

On February 1, 2023, the Consumer Financial Protection Bureau (CFPB or Bureau) published a proposal to require supervised nonbanks to register each year in a system established by the CFPB information about their use of certain terms and conditions in form contracts for consumer financial products and services that pose risks to consumers.

On January 27, 2023, the Consumer Financial Protection Bureau (CFPB) published a request for information (RFI) to solicit information from the public about a number of aspects of the consumer credit card market in accordance with Section 502(a) of the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act).

On December 16, 2022, the Financial Crimes Enforcement Network (FinCEN) published a notice of proposed rulemaking (NPRM) promulgating proposed regulations regarding access by authorized recipients to beneficial ownership information (BOI) that will be reported to FinCEN.

On December 15, 2022, the National Credit Union Administration (NCUA) released a proposed rule seeking comment on proposed amendments to the NCUA’s loan participation and eligible obligation regulations.

On November 7, 2022, the Small Business Administration (SBA) published a notice of proposed rulemaking to lift the moratorium on licensing new Small Business Lending Companies (SBLCs) and add a new type of entity called a Mission-Based SBLC. SBA is also proposing to remove the requirement for a Loan Authorization.

On October 26, 2022, the Small Business Administration (SBA) published a notice of proposed rulemaking to amend various regulations governing SBA's 7(a) Loan Program and 504 Loan Program, including use of proceeds for partial changes of ownership, lending criteria, loan conditions, reconsiderations, and affiliation standards, to expand access to capital for small businesses and drive economic recovery.

On October 5, 2022, the National Credit Union Administration (NCUA) published a proposal to amend its rules governing subordinated debt and grandfathered secondary capital (GSC) to accommodate a longer maximum maturity.

On September 22, 2022, the National Credit Union Administration (NCUA) issued a notice of proposed rulemaking to develop a policy by which a federal credit union (FCU) member may be expelled for cause by a two-thirds vote of a quorum of the FCU’s board of directors.

On August 22, 2022, the Federal Trade Commission (FTC) published an advance notice of proposed rulemaking (ANPR) to seek comment on the prevalence of commercial surveillance and data security acts and practices that harm consumers.

On August 2, 2022, the National Credit Union Administration (NCUA), along with the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC), proposed and requested comment on a joint agency Policy Statement on Prudent Commercial Real Estate Loan Accommodations and Workouts (the proposed policy statement).

On July 27, 2022, the National Credit Union Administration (NCUA) published a proposal to require a federally insured credit union (FICU) that experiences a reportable cyber incident to report the incident to the NCUA as soon as possible and no later than 72 hours after the FICU reasonably believes that it has experienced a reportable cyber incident.

On July 19, 2022, the Board of Governors of the Federal Reserve System (Board) issued a notice and request for comment on a proposed regulation that would establish benchmark replacements for contracts that reference the London Inter-Bank Offered Rate (LIBOR) and that do not have terms that provide for the use of a clearly defined and practicable replacement benchmark rate following the discontinuation of LIBOR.

On July 18, 2022, the Federal Housing Finance Agency (FHFA) published a request for information (RFI) soliciting public input on the role of technology in housing finance and how the FHFA can interact with stakeholders to facilitate responsible innovation.

On July 8, 2022, the Department of the Treasury (Treasury) issued a request for comment (RFC) soliciting input on how development of digital assets and related technologies could impact financial market and payment infrastructures for consumers, investors, and businesses. The RFC is linked to Treasury’s obligation under President Biden’s March 9, 2022, Executive Order, “Ensuring Responsible Development of Digital Assets” (the Executive Order or EO), to prepare, in coordination with other federal agencies, several reports pertaining to digital assets.

On June 22, 2022, the Consumer Financial Protection Bureau (CFPB or Bureau) published an advance notice of proposed rulemaking (ANPRM) inviting comments on questions relating to credit card late fee amounts, card issuers’ costs and losses associated with late payments, the use of Regulation Z’s safe harbor provisions, and card issuers’ revenue and expenses related to credit card operations.