Proposed Regulation

NAFCU Regulatory Alerts are member-only resources containing important highlights and summaries for proposed rulemakings that affect credit unions. 

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17-EA-09: NCUA - 2017 Regulation Review

The National Credit Union Administration (NCUA) Office of General Counsel is publishing its annual Regulation Review, which evaluates one-third of current regulations for regulatory burdens or administrative hurdles.

17-EA-08: CFPB - Small Business Lending Information Collection RFI

The Consumer Financial Protection Bureau (CFPB) is publishing a Request for Information (RFI) to inform its rulemaking efforts to collect business lending data. The CFPB would like the industry to provide comments on the small business financing market, including understanding more about the products that are offered to small businesses, including women-owned and minority-owned (MO/WO) businesses.

17-EA-07: CFPB - CARD Act Review

The Consumer Financial Protection Bureau (CFPB) is requesting comments from the public to assist in its review of the consumer credit card market. A biennial review of the market is required by the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act).

17-EA-06: CFPB - Amendments to HMDA Final Rule

The Consumer Financial Protection Bureau (CFPB) has issued a Notice of Proposed Rulemaking to solicit feedback on "Technical Corrections and Clarifying Amendments to the Home Mortgage Disclosure (Regulation C) October 2015 Final Rule."

17-EA-05: CFPB - Remittances Rule Assessment

The Consumer Financial Protection Bureau (CFPB) is requesting comment on its plans for assessing the February 2012 Final Rule on remittance transfers (Remittance Rule) and all of its related amendments.

17-EA-04: CFPB - Alternative Data RFI

The Consumer Financial Protection Bureau (CFPB) is publishing this Request for Information (RFI) to seek information about the potential use of alternative data and modeling techniques in the credit process.

17-EA-03: NCUA - Alternative Capital ANPR

The National Credit Union Administration (NCUA) has issued an Advance Notice of Proposed Rulemaking (ANPR) to solicit feedback on potential alternative capital frameworks.

17-EA-02: CDFI Fund - Request for Information Regarding Current Policies and Procedures

The CDFI Fund seeks to increase the number of credit unions certified as CDFIs. Recent developments have included the release of a streamlined application process for certain credit unions seeking CDFI designation.

17-EA-01: Treasury - Participation in the Automated Clearing House

On November 30, 2016, the Department of the Treasury, Bureau of the Fiscal Service (Fiscal Service) issued a proposal to address changes that NACHA – The Electronic Payments Association (NACHA) has made to its operating rules since the publication of the 2013 NACHA Operating Rules & Guidelines book. In general, the proposal would align 31 CFR part 210, which governs the use of the ACH Network by Federal agencies, with the 2014, 2015, and 2016 amendments to the NACHA Operating Rules & Guidelines.

16-EA-16: NCUA Private Flood Insurance

The NCUA, along with four other agencies, has re-proposed a rule regarding loans in areas having special flood hazards. The proposal amends regulations to implement the private flood insurance provisions of the Biggert-Waters Flood Insurance Reform Act of 2012 (Biggert-Waters Act).

16-EA-15: NCUA Field of Membership

On October 27, 2016, the National Credit Union Administration (NCUA) issued a proposal to amend its chartering and field of membership rules. This proposal is separate from the final field of membership rule that NCUA finalized the same day. In general, the proposal would expand field of membership options for federal credit union (FCUs) and correct certain discrepancies in the final rule

16-EA-14: CFPB Amendments to Disclosure of Records and Information

On August 24, 2016, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a request for comments on its proposed “Amendments Relating to Disclosure of Records and Information.” The proposal amends the CFPB’s regulations relating to the treatment and sharing of confidential information obtained under the Freedom of Information Act (FOIA), the Privacy Act of 1974, or through legal proceedings.

16-EA-13: CFPB TRID "Fix" Proposal

The Consumer Financial Protection Bureau (CFPB) has issued a proposal to amend its Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) Integrated Disclosures (TRID) Rule.

16-EA-12: CFPB Consumer Complaint Database

On August 1, 2016, the Consumer Financial Protection Bureau (CFPB) proposed the addition of a Company Response Survey to its Consumer Complaint Database.

16-EA-11: CFPB Third-Party Debt Collection Proposals

The CFPB has published an Outline of Proposals Under Consideration and Alternatives Considered to facilitate the Small Business Regulatory Enforcement Fairness Act Panel’s discussion on debt collection issues relevant to third-party debt collectors.

16-EA-09: CFPB Annual Privacy Notice Requirement

The Consumer Financial Protection Bureau (CFPB) has proposed amending Regulation P to implement the recent amendment to the Gramm-Leach-Bliley Act, which creates an exception to the annual privacy notice requirement for financial institutions that meet certain criteria.

16-EA-10: CFPB Payday Lending

The Consumer Financial Protection Bureau (CFPB) has issued a proposed rule regulating payday, vehicle title, and similar loans. The proposal would serve as a comprehensive overhaul of the short-term, small-dollar lending space, potentially sweeping in a number of other products not traditionally associated with “payday lending.”

16-EA-08: FHFA Front-End Credit Risk Transfer

The Federal Housing Finance Agency (FHFA) has issued a Request for Input (RFI) and is working with Fannie Mae and Freddie Mac as well as stakeholders to evaluate proposed structures for front-end credit risk transfer that are not currently available.

16-EA-07: CFPB Arbitration

The CFPB has proposed a rule to prohibit arbitration agreements which limit consumers’ access to class action litigation in consumer financial products and services contracts. In effect, the CFPB would prohibit the use of “class action waivers” in mandatory pre-dispute arbitration agreements.

16-EA-06: FFIEC Consumer Compliance Rating System

The Federal Financial Institutions Examination Council (FFIEC) has proposed an update to the Consumer Compliance Rating System (CC Rating System) for the first time since 1980. The proposal will not place any new obligations on credit unions, but credit unions should take note of how the CC Rating System framework would change.

16-EA-05: NCUA Incentive Based Compensation

The proposed rule would only cover credit unions with $1 billion or more in assets that offer incentive-based compensation plans. The proposed rule would apply to all persons who receive incentive-based compensation plans at covered credit unions.