[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Proposed Rules]
[Pages 71231-71236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26636]
[[Page 71231]]
Vol. 84
Thursday,
No. 247
December 26, 2019
Part XXIII
Bureau of Consumer Financial Protection
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Semiannual Regulatory Agenda
Federal Register / Vol. 84 , No. 247 / Thursday, December 26, 2019 /
UA: Reg Flex Agenda
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BUREAU OF CONSUMER FINANCIAL PROTECTION
12 CFR CH. X
Semiannual Regulatory Agenda
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Semiannual regulatory agenda.
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SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is
publishing this agenda as part of the Fall 2019 Unified Agenda of
Federal Regulatory and Deregulatory Actions. The Bureau reasonably
anticipates having the regulatory matters identified below under
consideration during the period from October 1, 2019, to September 30,
2020. The next agenda will be published in spring 2020 and will update
this agenda through spring 2021. Publication of this agenda is in
accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
DATES: This information is current as of July 25, 2019.
ADDRESSES: Bureau of Consumer Financial Protection, 1700 G Street NW,
Washington, DC 20552.
FOR FURTHER INFORMATION CONTACT: A staff contact is included for each
regulatory item listed herein. If you require this document in an
alternative electronic format, please contact
[email protected].
SUPPLEMENTARY INFORMATION: The Bureau is publishing its Fall 2019
Agenda as part of the Fall 2019 Unified Agenda of Federal Regulatory
and Deregulatory Actions, which is coordinated by the Office of
Management and Budget under Executive Order 12866. The agenda lists the
regulatory matters that the Bureau reasonably anticipates having under
consideration during the period from October 1, 2019, to September 30,
2020, as described further below.\1\ The Bureau's participation in the
Unified Agenda is voluntary. The complete Unified Agenda is available
to the public at the following website: http://www.reginfo.gov.
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\1\ The listing does not include certain routine, frequent, or
administrative matters. Further, the fields ``Unfunded Mandates,''
``E.O. 13771 Designation,'' and ``Federalism Implications'' are not
required for independent regulatory agencies, including the Bureau,
and, accordingly, the Bureau has indicated responses of ``no'' or
``Independent Agency'' for such fields.
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Pursuant to the Dodd-Frank Wall Street Reform and Consumer
Protection Act, Public Law 111-203, 124 Stat. 1376 (Dodd-Frank Act),
the Bureau has rulemaking, supervisory, enforcement, consumer
education, and other authorities relating to consumer financial
products and services. These authorities include the authority to issue
regulations under more than a dozen Federal consumer financial laws,
which transferred to the Bureau from seven Federal agencies on July 21,
2011. The Bureau's general purpose, as specified in section 1021(a) of
the Dodd-Frank Act, is to implement and enforce Federal consumer
financial law consistently for the purpose of ensuring that all
consumers have access to markets for consumer financial products and
services and that markets for consumer financial products and services
are fair, transparent, and competitive.
Section 1021 of the Dodd-Frank Act specifies the objectives of the
Bureau, including ensuring that, with respect to consumer financial
products and services, consumers are provided with timely and
understandable information to make responsible decisions about
financial transactions; consumers are protected from unfair, deceptive,
or abusive acts and practices and from discrimination; outdated,
unnecessary, or unduly burdensome regulations are regularly identified
and addressed in order to reduce unwarranted regulatory burdens; that
Federal consumer financial law is enforced consistently, without regard
to the status of a person as a depository institution, in order to
promote fair competition; and markets for consumer financial products
and services operate transparently and efficiently to facilitate access
and innovation.
As a general matter, the Bureau believes that it can best achieve
these statutory purposes by using its various tools to focus on the
prevention of consumer harm. With specific regard to rulemaking, the
Bureau seeks to articulate clear rules of the road for regulated
entities that promote competition, increase transparency, and preserve
fair markets for financial products and services. If Congress directs
the Bureau to promulgate rules or address specific issues through
rulemaking, the Bureau will comply with the law. If the Bureau has
discretion, the Bureau will focus on preventing consumer harm by
maximizing informed consumer choice, and by reducing unwarranted
regulatory burden which can adversely affect competition and consumers'
access to financial products and services. The Bureau is working on
various initiatives to achieve these objectives as described below.
A new permanent director of the Bureau took office in December
2018. The Director embarked on a listening tour to engage with Bureau
stakeholders, employees, and outside experts, building on feedback
submitted through more than 88,000 public comments in response to the
Bureau's 2018 ``Call for Evidence'' initiative. This Unified Agenda
represents the first one the Bureau has prepared following the
Director's listening tour. It seeks to provide the public with
visibility into the rulemaking activities in which the Bureau is likely
to be engaged over the next 12 months and those that are contemplated
in the ensuing year. To enhance transparency, the Bureau has updated
this Unified Agenda to identify current priorities and to delete
outdated items.
Implementing Statutory Directives
The Bureau is engaged in a number of rulemakings to implement
directives mandated in the Economic Growth, Regulatory Relief, and
Consumer Protection Act of 2018 (EGRRCPA), Public Law 115-174, 132
Stat. 1297, the Dodd-Frank Act, and other statutes. As part of these
rulemakings, the Bureau is working to maximize consumer welfare and
achieve other statutory objectives through protecting consumers from
harm and minimizing regulatory burden, including facilitating industry
compliance with rules.
For example, in March 2019, the Bureau published an Advance Notice
of Proposed Rulemaking (ANPRM) to seek public comment relating to
implementation of section 307 of the EGRRCPA, which amends the Truth in
Lending Act (TILA) to mandate that the Bureau prescribe certain
regulations relating to ``Property Assessed Clean Energy'' (PACE)
financing. As defined by EGRRCPA section 307, PACE financing results in
a tax assessment on a consumer's real property and covers the costs of
home improvements. The required regulations must carry out the purposes
of TILA's ability-to-repay (ATR) requirements, currently in place for
residential mortgage loans, with respect to PACE financing, and apply
TILA's general civil liability provision for violations of the ATR
requirements the Bureau will prescribe for PACE financing. The
regulations must ``account for the unique nature'' of PACE financing.
The Bureau is reviewing the comments it received in response to the
ANPRM, as it considers next steps to facilitate the development of a
Notice of Proposed Rulemaking (NPRM).
The Bureau has also been engaged in a range of other activities to
support its rulemaking to implement the EGRRCPA. For example, the
Bureau updated its small entity compliance guides and
[[Page 71233]]
other compliance aids to reflect the EGRRCPA's statutory changes. The
Bureau also issued written guidance as encouraged by section 109 of the
Act, which states that the Bureau ``should endeavor to provide clearer,
authoritative guidance'' on certain mortgage regulations.\2\ Finally,
the Bureau anticipates engaging in guidance activity, as needed, to
facilitate compliance, regarding the EGRRCPA provisions that do not
require rulemaking to take effect.
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\2\ See, e.g., ``TILA-RESPA Integrated Disclosure FAQs''--
available at https://www.consumerfinance.gov/policy-compliance/guidance/tila-respa-disclosure-rule/tila-respa-integrated-disclosure-faqs/.
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In anticipation of rulemaking activity, the Bureau has also
conducted a preliminary analysis of the number of lenders potentially
impacted by implementation of section 108 of the EGRRCPA, which relates
to escrow requirements for loans made by certain creditors. The Bureau
released the analysis late this summer, which shows that a limited
number of additional lenders would be exempt under section 108 of the
EGRRCPA once implemented by rule.
Section 1071 of the Dodd-Frank Act amended the Equal Credit
Opportunity Act to require, subject to rules prescribed by the Bureau,
financial institutions to collect, report, and make public certain
information concerning credit applications made by women-owned,
minority-owned, and small businesses. The Bureau is hosting a symposium
on small business data collection in November 2019 in order to
facilitate a robust discussion with outside experts on the issues
implicated by creating such a data collection and reporting regime.
After the symposium, the Bureau anticipates that its next step will be
the release of materials in advance of convening a panel under the
Small Business Regulatory Enforcement Fairness Act, in conjunction with
the Office of Management and Budget and the Small Business
Administration's Chief Counsel for Advocacy, to consult with
representatives of small businesses that may be affected by the
rulemaking.
Promoting Competition, Increasing Transparency and Preserving Fair
Markets
1. Continuation of Other Rulemakings
The Bureau is continuing certain other rulemakings described in its
Spring 2019 Agenda to articulate clear rules of the road for regulated
entities that promote competition, increase transparency, and preserve
fair markets for financial products and services.
For example, to consider concerns about possible unwarranted
regulatory burden, the Bureau issued an NPRM in May 2019 to reconsider
the thresholds for reporting data about closed-end mortgage loans and
open-end lines of credit under the Bureau's 2015 Home Mortgage
Disclosure Act (HMDA) rule. The NPRM also proposed to incorporate into
Regulation C an interpretive and procedural rule that the Bureau issued
in August 2018 to clarify partial HMDA exemptions created by the
EGRRCPA. This summer, the Bureau reopened the comment period of certain
aspects of the proposed rule until mid-October. Thus, the Bureau plans
to issue two separate final rules to address different aspects of the
proposed rule at different times--the first one in the fall of 2019
would address the proposed 2-year extension of the temporary threshold
for collecting and reporting data on open-end lines of credit and the
EGRRCPA partial exemption provisions, and the second one in the spring
of 2020 would address the proposed changes to the permanent thresholds
for collecting and reporting data on open-end lines of credit and
closed-end mortgage loans. Likewise, to consider concerns about
possible unwarranted regulatory burden, the Bureau also issued an ANPRM
in May 2019 concerning certain data points that are reported under the
2015 HMDA rule and coverage of certain business or commercial purpose
loans. In June 2019, the Bureau extended the comment period on the
ANPRM to mid-October. In summer 2020, the Bureau expects to issue an
NPRM to follow up on the ANPRM. The Bureau also expects to issue an
NPRM addressing the public disclosure of HMDA data in light of consumer
privacy interests, so that collection and reporting of data points and
public disclosure of those data points can be considered
concurrently.\3\
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\3\ The 2010 Dodd-Frank Act amendments to HMDA direct the Bureau
to develop regulations that modify or require modification of the
public HMDA data for the purpose of protecting consumer privacy
interests. The Bureau's 2015 HMDA rule adopted a balancing test to
determine whether and how HMDA data should be modified prior to its
disclosure to the public in order to protect applicant and borrower
privacy while also fulfilling HMDA's public disclosure purpose. The
Bureau in 2018 issued final policy guidance applying the test to
current data points and announced its intention to conduct a notice-
and-comment rulemaking to seek further input on the public release
going forward. Commencing a notice-and-comment rulemaking will also
enable the Bureau to adopt a more definitive approach to disclosing
HMDA data to the public in future years after considering new
information concerning the privacy risks and benefits of disclosure
of the HMDA data. Until the Bureau promulgates a final rule on the
public disclosure of HMDA data, it anticipates that it will continue
to disclose HMDA data in the manner detailed in the final policy
guidance.
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In addition, in February 2019, the Bureau issued an NPRM relating
to reconsideration of the mandatory underwriting requirements of a 2017
rule titled Payday, Vehicle Title, and Certain High-Cost Installment
Loans. In the NPRM, the Bureau initially determined that the evidence
underlying the identification of the unfair and abusive practice in the
mandatory underwriting provisions of the 2017 rule was not sufficiently
robust and reliable to support that determination, in light of the
impact those provisions will have on the market for covered short-term
and longer-term balloon-payment loans, and the ability of consumers to
obtain such loans, among other things. The Bureau also initially
determined that its approach for its unfairness and abusiveness
determinations was sufficiently problematic to necessitate
reconsideration. Based on its reconsideration of those issues, the
Bureau proposed to rescind the mandatory underwriting provisions in
their entirety. The comment period for the NPRM closed in May 2019 and
the Bureau is carefully reviewing the approximately 190,000 comments it
received. The Bureau expects to take final action with respect to this
proposal in April 2020.
Finally, the Bureau issued an NPRM in May 2019, which would
prescribe rules under Regulation F to govern the activities of debt
collectors, as that term is defined under the Fair Debt Collection
Practices Act. The Bureau's proposal would, among other things, address
communications in connection with debt collection; interpret and apply
prohibitions on harassment or abuse, false or misleading
representations, and unfair practices in debt collection; and clarify
requirements for certain consumer-facing debt collection disclosures.
The proposal builds on the Bureau's research and pre-rulemaking
activities regarding the debt collection market, which remains a top
source of complaints to the Bureau. The Bureau also is engaged in
testing of consumer disclosures related to time-barred debt disclosures
that were not the focus of the May 2019 proposal. After testing, the
Bureau will assess whether to issue a supplemental NPRM seeking
comments on any disclosure proposal related to the collection of time-
barred debt. The Bureau expects to take final action with regard to the
May 2019 NPRM in 2020.
In addition to these three rulemakings in which the Bureau already
has issued proposals, the Bureau also is continuing work related to a
potential rulemaking to amend the Bureau's Remittance Rule.
[[Page 71234]]
After completing an assessment in October 2018 of its rules to
implement Dodd-Frank Act requirements for remittance transfers,\4\ the
Bureau issued in April 2019 a Request for Information to gather
information related to the scope of the Remittance Rule's coverage and
the expiration of a statutorily-established exception in the Remittance
Rule that permits insured banks and insured credit unions to estimate
certain required disclosures and other potential remittance transfer
issues. In its consideration of appropriate next steps, including
potentially rulemaking, the Bureau is considering stakeholder feedback
during the assessment process and comments received in response to the
Request for Information.
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\4\ ``Remittance rule assessment report''--available at https://www.consumerfinance.gov/data-research/research-reports/remittance-rule-assessment- report/.
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2. New Projects and Further Planning
In January 2019, the Bureau completed an assessment of rules
implementing Dodd-Frank Act provisions that require mortgage lenders to
determine consumers' ability to repay loans and define certain
``qualified mortgages'' that are presumed to comply with the statutory
requirements.\5\ The Bureau is now focusing its attention on a
regulatory provision that extends qualified mortgage status to loans
that are eligible to be purchased or guaranteed by either Fannie Mae or
Freddie Mac (which are often called the Government Sponsored
Enterprises or GSEs) while they operate under Federal conservatorship
or receivership. The ``GSE patch'' provision is set to expire in
January 2021, meaning that loans originated after that date would not
be eligible for qualified mortgage status under its criteria. In July
2019, the Bureau issued an ANPRM to solicit information about possible
amendments to the qualified mortgage provisions of Regulation Z,
specifically information about issues related to the scheduled
expiration of the GSE patch. The Bureau currently plans to allow the
GSE patch to expire and is considering whether to revise Regulation Z's
general qualified mortgage definition in light of this planned
expiration. The Bureau is further considering a limited extension of
the expiration date only as necessary to allow for a smooth and orderly
transition away from the GSE Patch.
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\5\ ``2013 Ability-to-Repay and Qualified Mortgage Assessment
Report''--available at https://www.consumerfinance.gov/data-research/research-reports/2013-ability-repay-and-qualified-mortgage-assessment-report/.
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In light of feedback received in response to the Bureau's 2018 Call
for Evidence and various other outreach to stakeholders, the Bureau has
decided to add two new entries to its long-term regulatory agenda. This
portion of the agenda focuses on potential regulatory actions that an
agency may engage in beyond the current fiscal year, and currently
includes issues such as potential rulemaking or other activity
regarding the Dodd-Frank Act's prohibition on abusive acts or
practices. The Bureau is now adding entries to address issues of
concern in connection with loan originator compensation and to
facilitate the use of electronic channels of communication in the
origination and servicing of credit card accounts.
As to loan originator compensation, the Bureau has received
feedback that aspects of Regulation Z's loan originator compensation
requirements are unnecessarily restrictive. The Bureau is considering a
rulemaking to address certain of these concerns. In particular, the
Bureau plans to examine whether to permit adjustments to a loan
originator's compensation in connection with originating State housing
finance authority loans in order to facilitate the origination of such
loans. The Bureau also plans to examine whether to permit creditors to
decrease a loan originator's compensation due to the loan originator's
error in order to provide clearer rules of the road for regulated
entities. The Bureau has no current plans to consider other significant
potential changes.
As to electronic communications, the Bureau has received feedback
that the intersection of certain requirements of Regulation Z and the
Electronic Signatures in Global and National Commerce Act (E-SIGN) are
too restrictive for consumers applying for credit card accounts via
electronic channels and for consumers willing, or preferring, to
receive account information electronically only. To decrease regulatory
burdens that may be inhibiting the use of electronic communication, the
Bureau is considering a rulemaking to address a range of issues at the
intersection of E-SIGN and Regulation Z with regard to credit cards.
The Bureau also notes that similar concerns about the effect of E-SIGN
have been raised with respect to other types of consumer financial
products and services including checking accounts. The Bureau
anticipates that what it learns in considering these issues in the
credit card context may assist the Bureau in assessing whether there
are similar concerns with other financial products and services that
may be appropriate to address in future rulemakings.
The Bureau is engaged in other rulemakings consistent with its
general interest in modernizing disclosure rules in light of new and
emerging technology. For example, the Bureau issued an NPRM in May
that, among other things, proposed regulations that would modernize
content and delivery requirements for certain disclosures in the debt
collection context. The Bureau is interested in exploring ways to adapt
disclosure regulations so that they more effectively inform the
increasing number of consumers who use digital media for financial
products and services, including, but not limited to, financial
products, such as credit cards.
The Bureau is also actively reviewing existing regulations. Section
1022(d) of the Dodd-Frank Act requires the Bureau to conduct an
assessment of each significant rule or order adopted by the Bureau
under Federal consumer financial law and publish a report of each
assessment not later than 5 years after the effective date of the
subject matter or order. The Bureau will be conducting an assessment of
its regulations to consolidate various mortgage origination disclosures
under the Truth in Lending Act and Real Estate Settlement Procedures
Act. The Regulatory Flexibility Act (RFA) requires the Bureau to
consider the effect on small entities of certain rules it promulgates.
The Bureau published in May 2019 its plan for conducting reviews,
consistent with section 610 of the RFA, of certain regulations which
are believed to have a significant impact on a substantial number of
small entities. Congress specified that the purpose of such reviews
shall be to determine whether such rules should be continued without
change, or should be amended or rescinded, consistent with the stated
objectives of the applicable statutes, to minimize any significant
economic impact of the rules upon a substantial number of such small
entities. The Bureau is reviewing comments received in response to its
request for comment on the first such review, concerning the impact on
small banks and credit unions of a 2009 Regulation E amendment
concerning overdraft. In 2020, the Bureau expects to conduct additional
reviews pursuant to section 610 of the RFA, including a review of the
Regulation Z rules that implement the Credit Card Accountability
Responsibility and Disclosure Act of 2009.
Finally, as required by the Dodd-Frank Act, the Bureau is also
continuing to monitor markets for consumer financial products and
services to identify risks to consumers and the proper functioning of
such markets. As
[[Page 71235]]
discussed in a recent report by the Government Accountability Office,
the Bureau's Division of Research, Markets, and Regulations and
specifically its Markets Offices continuously monitor market
developments and risks to consumers. The Bureau also has created a
number of cross-Bureau working groups focused around specific markets
which advance the Bureau's market monitoring work. The Bureau's market
monitoring work assists in identifying issues for potential future
rulemaking work.
Dated: July 26, 2019.
Lisa J. Cole,
Acting Assistant Director for Regulations, Bureau of Consumer Financial
Protection.
Consumer Financial Protection Bureau--Prerule Stage
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Regulation
Sequence No. Title Identifier No.
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411....................... Business Lending Data 3170-AA09
(Regulation B).
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Consumer Financial Protection Bureau--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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412....................... Debt Collection Rule...... 3170-AA41
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CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)
Prerule Stage
411. Business Lending Data (Regulation B)
E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 1691c-2
Abstract: Section 1071 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Dodd-Frank Act) amends the Equal Credit
Opportunity Act (ECOA) to require financial institutions to report
information concerning credit applications made by women-owned,
minority-owned, and small businesses. The amendments to ECOA made by
the Dodd-Frank Act require that certain data be collected, maintained,
and reported, including the number of the application and date the
application was received; the type and purpose of the loan or credit
applied for; the amount of credit applied for and approved; the type of
action taken with regard to each application and the date of such
action; the census tract of the principal place of business; the gross
annual revenue of the business; and the race, sex, and ethnicity of the
principal owners of the business. The Dodd-Frank Act also provides
authority for the Bureau to require any additional data that the Bureau
determines would aid in fulfilling the purposes of this section. The
Bureau may adopt exceptions to any requirement of section 1071 and may
exempt any financial institution from its requirements, as the Bureau
deems necessary and appropriate to carry out section 1071's purposes.
The Bureau issued a Request for Information in 2017 seeking public
comment on, among other things, the types of credit products offered
and the types of data currently collected by lenders in this market,
and the potential complexity, cost of, and privacy issues related to,
small business data collection. The Bureau is hosting a symposium on
small business data collection later this year. The information
received in response to the Request for Information and the symposium
will help the Bureau as it determines how to implement the rule
efficiently while minimizing burdens on lenders. After the symposium,
the Bureau anticipates that its next step will be the release of
materials in advance of convening a panel under the Small Business
Regulatory Enforcement Fairness Act, in conjunction with
representatives of small businesses that may be affected by the
rulemaking.
Timetable:
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Action Date FR Cite
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Request for Information............. 05/15/17 82 FR 22318
Request for Information Comment 09/14/17 .......................
Period End.
Pre-rule Activity................... 11/00/19 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Elena Grigera Babinecz, Office of Regulations,
Consumer Financial Protection Bureau, Phone: 202 435-7700.
RIN: 3170-AA09
CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)
Proposed Rule Stage
412. Debt Collection Rule
E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 1692l(d)
Abstract: The Bureau issued a Notice of Proposed Rulemaking in May
2019, which would prescribe rules under Regulation F to govern the
activities of debt collectors, as that term is defined under the Fair
Debt Collection Practices Act. The Bureau's proposal would, among other
things, address communications in connection with debt collection;
interpret and apply prohibitions on harassment or abuse, false or
misleading representations, and unfair practices in debt collection;
and clarify requirements for certain consumer-facing debt collection
disclosures. The proposal builds on the Bureau's research and pre-
rulemaking activities regarding the debt collection market, which
remains a top source of complaints to the Bureau. The Bureau also is
engaged in testing of consumer disclosures related to time-barred debt
disclosures that were not addressed in the May 2019 proposal. After
testing, the Bureau will assess whether to publish a supplemental
Notice of Proposed Rulemaking related to time-barred debt disclosures.
Timetable:
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Action Date FR Cite
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ANPRM............................... 11/12/13 78 FR 67847
ANPRM Comment Period Extended....... 01/14/14 79 FR 2384
ANPRM Comment Period End............ 02/10/14 .......................
ANPRM Comment Period Extended End... 02/28/14 .......................
Pre-Rule Activity................... 07/28/16 .......................
NPRM................................ 05/21/19 84 FR 23274
NPRM Comment Period Extended........ 08/02/19 84 FR 37806
[[Page 71236]]
NPRM Comment Period End............. 08/19/19 .......................
NPRM Comment Period Extended End.... 09/18/19 .......................
Other............................... 01/00/20 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kristin McPartland, Office of Regulations, Consumer
Financial Protection Bureau, Phone: 202 435-7700.
RIN: 3170-AA41
[FR Doc. 2019-26636 Filed 12-23-19; 8:45 am]
BILLING CODE 4810-AM-P