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PH FedACTion: Financial Regulatory Updates

Daily Financial Regulation Update -- Friday, March 17, 2023

March 17, 2023

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Major Developments

Federal Reserve Issues FAQ on Bank Term Funding Program

The Federal Reserve issued a Frequently Asked Question Page to accompany the Bank Term Funding Program, addressing the program's operations, including eligible borrowers, eligible collateral, pricing and public disclosure of borrowings a year after the program terminates

Congress

U.S. Senate

Committee on Banking, Housing, and Urban Affairs

Brown Presses Regulators to Conduct Full Review of Bank Failures

March 16, 2023

U.S. Sen. Sherrod Brown (D-OH), Chairman of the U.S. Senate Committee on Banking, Housing, and Urban Affairs, sent a letter to the Treasury Department, the Federal Deposit Insurance Corporation (FDIC), and the Board of Governors of the Federal Reserve System (Federal Reserve) requesting a comprehensive review of the failures of Silicon Valley Bank (SVB) and Signature Bank.

U.S. House of Representatives

Committee on Financial Services

McHenry Statement on Private Sector Efforts to Stabilize First Republic Bank

March 16, 2023

The Chairman of the House Financial Services Committee, Patrick McHenry (NC-10), issued a statement in response to the announcement by several U.S. financial institutions that they will make substantial deposits at First Republic Bank to shore up its liquidity.

Committee on Small Business

Small Business Snapshot – March 2023

March 16, 2023

The U.S. House Committee on Small Business released a Small Business Snapshot for March 2023.

Federal Agencies

U.S. Department of the Treasury

Joint Statement by the Department of the Treasury, Federal Reserve, FDIC and OCC

March 16, 2023

Secretary of the Treasury Janet L. Yellen, Federal Reserve Board Chair Jerome H. Powell, FDIC Chairman Martin J. Gruenberg and Acting Comptroller of the Currency Michael J. Hsu released a joint statement on deposits to First Republic Bank.

Testimony of Secretary of the Treasury Janet L. Yellen Before the Committee on Finance, U.S. Senate

March 16, 2023

Secretary of the Treasury Janet L. Yellen testified before the U.S. Senate Committee on Finance.

Federal Reserve Bank of New York

Business Leaders Survey – March 2023

March 16, 2023

The Federal Reserve Bank of New York released the Business Leaders Survey for March 2023.

Commodity Futures Trading Commission

CFTC Statement on Swaps Rules Implicated in Recent Bank Failures

March 16, 2023

The Commodity Futures Trading Commission issued a statement on certain swaps impacted by the failures of SVB and Signature Bank solely related to the transfer of such swaps to bridge banks by the FDIC.

Consumer Financial Protection Bureau

CFPB Heightens Scrutiny of Unlawful Collection of Payments on Discharged Student Loans

March 16, 2023

The Consumer Financial Protection Bureau released a bulletin warning servicers of their obligation to halt unlawful conduct with respect to private student loans that have been discharged by bankruptcy courts.

National Credit Union Administration

NCUA Board Approves Final Subordinated Debt Rule to Support Emergency Capital Investment Program Participation

March 16, 2023

The National Credit Union Administration (NCUA) Board held its third open meeting of 2023 and approved a final rule opening new window for eligible credit unions to access subordinated debt.

NCUA Chairman Todd M. Harper Statement on the Safety and Soundness of the Credit Union System

March 16, 2023

NCUA Chair Todd M. Harper gave a statement during the meeting of the NCUA Board on the safety and soundness of the credit union system.

International

European Commission

EU competitiveness beyond 2030: looking ahead at the occasion of the 30th anniversary of the Single Market

March 16, 2023

The European Commission has published two Communications celebrating the 30th anniversary of the Single Market and setting out how to secure long-term competitiveness of the EU.

European Banking Authority

EBA publishes Handbook on data submission for supervisory benchmarking

March 16, 2023

The European Banking Authority published a Handbook on supervisory benchmarking of internal models.

UK Financial Conduct Authority

Portfolio Letter: FCA priorities for payments firms

March 16, 2023

The UK Financial Conduct Authority (FCA) sent a portfolio letter to CEOs of firms supervised by the FCA on the FCA's priorities for payments firms.

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)

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.