NCUA, CFPB release Spring 2019 rulemaking agendas

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Both the NCUA and CFPB released their 2019 Spring rulemaking agendas this week. A number of issues on the agenda are already underway, including payday lending, real estate appraisals, federal credit union bylaws and more.

The agenda items for NCUA include:

  • Rate ceiling for federal credit union loans: The agenda indicates an advance notice of proposed rulemaking to gather feedback on the issue is slated for this summer. The NCUA in August voted to maintain the interest rate ceiling at a fixed 18 percent;
  • Payday alternative loans (PALs): NCUA’s agenda indicates that the agency expects to finalize its 2018 proposal to create additional PALs programs this month;
  • Federal credit union bylaws: The agenda indicates the agency will release a final rule in July;
  • Real estate appraisals: The agency is set to finalize this rule this summer, and is expected to issue a proposed rule for residential real estate proposals in June;
  • Subordinated debt/regulatory capital: The agency issued an advance notice of proposed rulemaking in 2017, which sought feedback on both supplemental and alternative capital. A formal proposal is expected this summer; and
  • Credit Union Service Organizations (CUSOs).

CFPB has the following agenda items:

  • Debt collection: The bureau earlier this month issued a proposed rulemaking related to third-party debt collection;
  • Payday lending: The bureau proposed delaying the implementation date of the rule until 2020 and removing mandatory underwriting requirements, including ability-to-repay provisions;
  • Regulation CC: With the Federal Reserve, the bureau last year issued a proposed rule that would introduce a new calculation methodology for adjusting dollar amounts under the Electronic Funds Availability Act to account for inflation and make technical amendments to the regulation;
  • Home Mortgage Disclosure Act (HMDA): The bureau recently issued a notice of proposed rulemaking on the thresholds and an advance notice of proposed rulemaking (ANPR) on the costs and benefits of reporting certain data points; and
  • Ability-to-repay (ATR)/qualified mortgage (QM) rule: the bureau noted its assessment of the ATR/QM and said it’s focusing now on the government-sponsored enterprise (GSE) patch provision.


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