PH FedACTion: Financial Regulatory Updates
Daily Financial Regulation Update -- Thursday, March 16, 2023
March 16, 2023
By Paul Hastings Professional
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Major Developments
Federal Reserve Announces July Launch of FedNow Service
The Federal Reserve announced that the FedNow Service will start operating in July and provided details on preparations for launch.
Congress
U.S. House of Representatives
Committee on Small Business
Chairman Williams Questions Small Business Administration's Decision to Not Account for Taxpayer Dollars
March 15, 2023
Chairman Roger Williams (R-TX) issued a regarding the Small Business Administration's decision to end the collection on purchased Paycheck Protection Program loans with an outstanding balance of $100,000 or less.
Federal Agencies
U.S. Department of the Treasury
Treasury International Capital Data for January
March 15, 2023
The U.S. Department of the Treasury today released Treasury International Capital (TIC) data for January 2023.
Federal Reserve Board
Speech: The Innovation Imperative: Modernizing Traditional Banking
March 14, 2023
Federal Reserve Board Governor Michelle W. Bowman gave a speech entitled, "The Innovation Imperative: Modernizing Traditional Banking."
Federal Reserve Bank of New York
Empire State Manufacturing Survey – March 2023
March 15, 2023
The Federal Reserve Bank of New York released the Empire State Manufacturing Survey report for March 2023.
Federal Reserve Bank of Boston
Article: Boston Fed expanding hiring program for professionals rejoining workforce
March 15, 2023
The Federal Reserve Bank of Boston published an article entitled, "Boston Fed expanding hiring program for professionals rejoining workforce."
Securities and Exchange Commission
SEC Proposes to Expand and Update Regulation SCI
March 15, 2023
The Securities and Exchange Commission (SEC) proposed amendments to expand and update Regulation Systems Compliance and Integrity (SCI), the set of rules adopted in 2014 to help address technological vulnerabilities in the U.S. securities markets and improve SEC oversight of the core technology of key U.S. securities markets entities.
- Proposed Rule
- Fact Sheet
- Press Release
- Chair Gensler Statement
- Commissioner Crenshaw Statement
- Commissioner Lizarraga Statement
- Commissioner Peirce Statement
SEC Proposes New Requirements to Address Cybersecurity Risks to the U.S. Securities Markets
March 15, 2023
The SEC proposed requirements for broker-dealers, clearing agencies, major security-based swap participants, the Municipal Securities Rulemaking Board, national securities associations, national securities exchanges, security-based swap data repositories, security-based swap dealers, and transfer agents (Market Entities) to address their cybersecurity risks.
- Proposed Rule
- Fact Sheet
- Press Release
- Chair Gensler Statement
- Commissioner Crenshaw Statement
- Commissioner Lizarraga Statement
- Commissioner Peirce Statement
SEC Proposes Changes to Reg S-P to Enhance Protection of Customer Information
March 15, 2023
The SEC proposed amendments to Regulation S-P that would enhance the protection of customer information by, among other things, requiring broker-dealers, investment companies, registered investment advisers, and transfer agents to provide notice to individuals affected by certain types of data breaches that may put them at risk of identity theft or other harm.
- Proposed Rule
- Fact Sheet
- Press Release
- Chair Gensler Statement
- Commissioner Crenshaw Statement
- Commissioner Lizarraga Statement
- Commissioner Peirce Statement
SEC Reopens Comment Period for Proposed Cybersecurity Risk Management Rules and Amendments for Registered Investment Advisers and Funds
March 15, 2023
The SEC reopened the comment period on proposed rules and amendments related to cybersecurity risk management and cybersecurity-related disclosure for registered investment advisers, registered investment companies, and business development companies that were proposed by the SEC on February 9, 2022.
Opening Statement before the March 15 Commission Meeting
March 15, 2023
SEC Chair Gary Gensler gave the opening statement at an open meeting of the SEC.
Commodity Futures Trading Commission
CFTC Unanimously Approves Proposed Rule to Codify No-Action Position Regarding the Treatment of Separate Accounts of a Single Customer by Clearing Members
March 15, 2023
The Commodity Futures Trading Commission (CFTC) unanimously approved a proposed rule to codify the no-action position in CFTC Staff Letter No. 19-17 regarding the treatment of separate accounts of a single customer by futures commission merchants (FCMs) that are clearing members of derivatives clearing organizations (DCOs).
Keynote of Chairman Rostin Behnam at the FIA Boca 2023 International Futures Industry Conference, Boca Raton, Florida
March 15, 2023
CFTC Chair Rostin Behnam gave a keynote address at the FIA Boca 2023 International Futures Industry Conference.
Consumer Financial Protection Bureau
2022 Financial Literacy Annual Report
March 15, 2023
The Consumer Financial Protection Bureau (CFPB) issued the 2022 Financial Literacy Annual Report to Congress.
CFPB Launches Inquiry Into the Business Practices of Data Brokers
March 15, 2023
The CFPB has launched an inquiry into companies that track and collect information on people's personal lives.
FINRA
Regulatory Notice: FINRA Issues Guidance in Connection With Failures of Silicon Valley Bank and Signature Bank
March 15, 2023
FINRA issued a regulatory notice to provide guidance for members affected by the recent failures of Silicon Valley Bank and Signature Bank.
National Credit Union Administration
NCUA Releases Q4 2022 State-level Credit Union Data Report
March 15, 2023
The National Credit Union Administration released the Quarterly U.S. Map Review for the fourth quarter of 2022 showing that federally insured credit unions, overall, experienced continued growth in assets, shares and deposits, and loans during 2022.
Federal Housing Finance Agency
FHFA Director Sandra L. Thompson's Statement on Upfront Fees Based on Certain Borrowers' Debt-To-Income Ratio
March 15, 2023
Federal Housing Finance Agency Director Sandra L. Thompson gave a statement on upfront fees based on certain borrowers' debt-to-income ratio.
Administration Changes
Vacancies
Board of Governors of the Federal Reserve System
- Vice Chair – Vacant (Vice Chair Leal Brainard resigned effective on or around February 20, 2023)
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)
- Vice Chair for Supervision Michael Barr (sworn in July 19, 2022)
- Governor Michelle W. Bowman (sworn in November 26, 2018)
- Governor Christopher J. Waller (sworn in December 18, 2020)
- Governor Phillip N Jefferson (sworn in May 23, 2022)
- Governor Lisa D. Cook (sworn in May 23, 2022)
- Federal Reserve Board announces appointment of Joshua Gallin as Secretary of the Federal Open Market Committee (February 2, 2023)
Federal Reserve Bank of New York – John C. Williams (effective June 18, 2018)
- Vincent Alvarez designated as the Chair of Federal Reserve Bank of New York Board of Directors; Rosa Gil designated as Deputy Chair (January 10, 2023)
- Pat Wang appointed as a Class C Director to the Federal Reserve Bank of New York (January 10, 2023)
- Federal Reserve Bank of New York names Roberto Perli SOMA Manager (February 2, 2023)
Federal Reserve Bank of Boston – Susan M. Collins (effective July 1, 2022)
Federal Deposit Insurance Corporation – Martin Gruenberg (effective January 5, 2023)
- Vice Chairman Travis Hill (sworn in January 5, 2023)
- Director Jonathan McKernan (sworn in January 5, 2023)
- Director Michael Hsu (Acting Comptroller of the Currency)
- Director Rohit Chopra (Director of Consumer Financial Protection Bureau)
- FDIC announces senior leadership changes in Division of Risk Management Supervision (January 26, 2023)
Office of the Comptroller of the Currency – Michael Hsu (acting Comptroller, effective May 10, 2021)
- OCC announces Deputy Comptroller for Systemic Risk Identification and Support (January 11, 2023)
- Kristen Baldwin named OCC Chief Information Officer (February 8, 2023)
Securities and Exchange Commission – Gary Gensler (effective April 17, 2021)
- SEC announces appointment of Cristina Martin Firvida as Investor Advocate (January 10, 2023)
- Paul Munter named Chief Accountant (January 11, 2023)
- Erik Gerding named Director of Division of Corporation Finance (January 13, 2023)
- Silvestre Fontes named Director of Boston Regional Office (January 25, 2023)
- Cicely LaMothe named Deputy Director, Disclosure Operations, for the Division of Corporation Finance (February 14, 2023)
Commodity Futures Trade Commission – Rostin Behnam (effective December 17, 2021)
- Commissioner Pham announces members of the CFTC's Global Markets Advisory Committee (January 12, 2023)
- CFTC Commissioner Pham announces additional staff appointment (February 7, 2023)
- Chairman Behnam announces veteran Federal prosecutor Ian McGinley as Enforcement Director (February 28, 2023)
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.