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PH FedACTion: Financial Regulatory Updates

Daily Financial Regulation Update -- Tuesday, February 28, 2023

February 28, 2023

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Major Developments

Consumer Financial Protection Bureau

SCOTUS to Review Constitutionality of Consumer Financial Protection Bureau

February 27, 2023

The Supreme Court of the United States granted a petition for certiorari to review the Fifth Circuit's decision in October that the statute providing funding to the Consumer Financial Protection Bureau violates the appropriations clause in Article I, Section 9 of the Constitution.

Federal Agencies

U.S. Department of the Treasury

Secretary of the Treasury Janet L. Yellen Meets with President of Ukraine Volodymyr Zelenksyy

February 27, 2023

Secretary of the Treasury Janet L. Yellen met with President of Ukraine Volodymyr Zelenskyy.

Remarks by Secretary of the Treasury Janet L. Yellen in Kyiv, Ukraine

February 27, 2023

Secretary of the Treasury Janet L. Yellen gave remarks in Kyiv, Ukraine, outlining the United States' commitment to support Ukraine during the war with Russia and met with President Volodymyr Zelenskyy, Prime Minister Denys and Finance Minister Marchenko.

Federal Reserve Board

Speech: Recent Inflation and the Dual Mandate

February 27, 2023

Federal Reserve Board Governor Phillip P. Jefferson gave a speech entitled, "Recent Inflation and the Dual Mandate."

Federal Reserve Bank of New York

Report: Market-Function Asset Purchases

February 27, 2023

The Federal Reserve Bank of New York published a staff report entitled, "Market-Function Asset Purchases."

Report: Noncognitive Skills at the Time of COVID-19: An Experiment with Professional Traders and Students

February 27, 2023

The Federal Reserve Bank of New York published a staff report entitled, "Noncognitive Skills at the Time of COVID-19: An Experiment with Professional Traders and Students."

Report: Workers' Perceptions of Earnings Growth and Employment Risk

February 27, 2023

The Federal Reserve Bank of New York published a staff report entitled, "Workers' Perceptions of Earnings Growth and Employment Risk."

Blog: Does the CRA Increase Household Access to Credit?

February 27, 2023

The Federal Reserve Bank of New York published a Liberty Street Economics blog post entitled, "Does the CRA Increase Household Access to Credit?"

Consumer Financial Protection Bureau

Seeking public input: new proposal for alternative mortgage disclosures for construction loans

February 27, 2023

The Consumer Financial Protection Bureau announced it is seeking public input on a new proposal for alternative mortgage disclosures for construction loans.

Financial Crimes Enforcement Network

FinCEN Alert on Nationwide Surge in Mail Theft-Related Check Fraud Schemes Targeting the U.S. Mail

February 27, 2023

The Financial Crimes Enforcement Network issued an alert to financial institutions on the nationwide surge in check fraud schemes targeting the U.S. Mail. Fraud, including check fraud, is the largest source of illicit proceeds in the United States and is one of the anti-money laundering/countering the financing of terrorism (AML/CFT) National Priorities.

National Credit Union Administration

NCUA Chairman Todd M. Harper Remarks at the 2023 Governmental Affairs Conference

February 27, 2023

National Credit Union Administration Chairman Todd M. Harper gave remarks at the 2023 Governmental Affairs Conference.

Federal Housing Finance Agency

FHFA Announces 2023 Roundtable Discussions and Wrap-Up Listening Session for its FHLBank System at 100: Focusing on the Future Initiative

February 27, 2023

The Federal Housing Finance Agency announced upcoming roundtable discussions and a three-day wrap-up listening session as part of its comprehensive review of the Federal Home Loan Bank System.

Fannie Mae

Fannie Mae Releases January 2023 Monthly Summary

February 27, 2023

Fannie Mae released its monthly summary for January 2023.

Bank Policy Institute

Report: BITS Multifactor Authentication

February 27, 2023

The Bank Policy Institute published a report entitled, "BITS Multifactor Authentication."

International

European Banking Authority

EBA publishes a no-action letter on the boundary between the banking book and the trading book provisions

February 27, 2023

The European Banking Authority published a no-action letter stating that competent authorities should not prioritise any supervisory or enforcement action in relation to the new banking book – trading book boundary provisions.

Bank of England

Bank Overground: Mind the (smaller) gap? Implications of the narrowing gap between modelled and standardised residential mortgage risk weights

February 27, 2023

The Bank of England published a Bank Overground post entitled, "Mind the (smaller) gap? Implications of the narrowing gap between modelled and standardised residential mortgage risk weights."

Bank of England Prudential Regulation Authority

Consultation Paper: Remuneration: Enhancing proportionality for small firms

February 27, 2023

The Bank of England Prudential Regulation Authority published a consultation paper entitled, "Remuneration: Enhancing proportionality for small firms."

Consultation Paper: The Strong and Simple Framework: Liquidity and Disclosure requirements for Simpler-regime Firms

February 27, 2023

The Bank of England Prudential Regulation Authority published a consultation paper entitled, "The Strong and Simple Framework: Liquidity and Disclosure requirements for Simpler-regime Firms."

Speech: The regulatory foundations of international competitiveness and growth

February 27, 2023

The Bank of England Prudential Regulation Authority Executive Director Victoria Saporta gave a speech entitled, "The regulatory foundations of international competitiveness and growth."

UK Financial Conduct Authority

IFPR implementation observations: quantifying threshold requirements and managing financial resources

February 27, 2023

The UK Financial Conduct Authority published a multi-firm review entitled, "IFPR implementation observations: quantifying threshold requirements and managing financial resources."

Administration Changes

Vacancies

Office of the Comptroller of the Currency

  • Comptroller – Vacant (Michael Hsu serves as Acting Comptroller)

Financial Crimes Enforcement Network

  • Director – Vacant (Himamauli Das serves as Acting Director)

Appointments/Confirmation Hearings

U.S. Department of the Treasury – Janet Yellen (effective January 26, 2021)

Federal Reserve Board – Jerome H. Powell (effective May 23, 2022)

Federal Reserve Bank of New York – John C. Williams (effective June 18, 2018)

Federal Reserve Bank of Boston – Susan M. Collins (effective July 1, 2022)

Federal Deposit Insurance Corporation – Martin Gruenberg (effective January 5, 2023)

Office of the Comptroller of the Currency – Michael Hsu (acting Comptroller, effective May 10, 2021)

Securities and Exchange Commission – Gary Gensler (effective April 17, 2021)

Commodity Futures Trade Commission – Rostin Behnam (effective December 17, 2021)

Consumer Financial Protection Bureau – Rohit Chopra (effective October 12, 2021)

National Credit Union Administration – Todd M. Harper (effective January 20, 2021)

Small Business Administration – Isabella Casillas Guzman (effective March 16, 2021)

U.S. Department of Housing and Urban Development – Marcia Fudge (effective March 10, 2021)

Federal Housing Finance Agency – Sandra L. Thompson (effective June 22, 2022)

U.S. Department of Education – Dr. Miguel Cardona (effective March 2, 2021)

PH Client Alerts

Click here to read more from our Coronavirus series.

Legislation/Legislative Updates

Click here to view the full text of the Coronavirus Aid, Relief and Economic Security Act (the "CARES Act"), Enacted March 27, 2020.

Click here to view the full text of the Paycheck Protection Program Increase Act of 2020, Enacted April 24, 2020.

Click here to view the full text of the Paycheck Protection Program Flexibility Act of 2020, Enacted June 5, 2020.

Click here to view the full text of the Consolidated Appropriations Act, 2021, Enacted December 27, 2020.

Click here to view the full text of the American Rescue Plan of 2021, Enacted March 11, 2021.

Click here to view the full text of the PPP Extension Act of 2021, Enacted March 30, 2021.

Click here to view a running list of proposed legislation from the Senate Committee on Banking, Housing, and Urban Affairs, Senate Committee on Small Business and Entrepreneurship, House Committee on Financial Services, and House Committee on Small Business.

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