​​​​​​​​is issued by the Innovative Payments Association twenty times a year as a service to members.
Editors: Brian Tate, President and CEO, IPA; Ben Jackson, COO, IPA;  Grant Hannah, Director of Government Relations, IPA; Eli Rosenberg, Partner, Baird Holm LLP; and Gray Derrick, Partner, Baird Holm LLP.
Please address comments and suggestions to: gr@ipa.org.

IPA Podcast: Will Cash Survive COVID 19?
 
COVID19 has led to speculation that the pandemic could be the catalyst for the arrival of the cashless society, but research suggest that our assumptions on how the pandemic is shaping payments may need revisiting.

Stay-at-home measures and pandemic fears have led to an increase in online shopping. At the same time, some brick and mortar merchants are refusing cash as a defense against germs. Nonetheless, consumers haven’t abandoned cash just yet. 
Rachel Huber, senior analyst in payments at Javelin Strategies and Research completed a study on the health of cash for ATM provider Cardtronics in late 2019. Given the pandemic, the company thought that she should do another survey to see how the pandemic changed things. 

To give you a sneak preview, it might be too soon to call it a day for cash payments just yet. And our assumptions about who is using cash and why may not be correct. In looking at cash in the context of other payments, Huber learned a few things about contactless adoption as well. 

You can hear about how things are playing out in the episode and find the complete study online. 

Listen to the podcast here!

​IPA Summer of Learning Webinar: Conversation with the CFPB
 
The IPA will host a webinar as part of our Summer of Learning series on July 23 that will feature a conversation with Kirsten Sutton, Chief of Staff and Paul Watkins, Director, Office of Innovation of the Consumer Financial Protection Bureau. Join the IPA & the CFPB as we discuss the CFPB’s COVID-19 Response, the Prepaid Rule, Innovation, and what's coming down the pipeline from the CFPB.
 
Additional information and registration can be found here. Also, please check out the other webinars from our Summer of Learning series!
 
IPA Summer of Learning Webinar: Fireside Chat with OCC Acting Comptroller
 
Join us on July 30 for a fireside chat with the Acting Comptroller of the Currency. We will discuss the OCC’s priorities during the COVID-19 crisis, including the OCC’s Fintech Charter, the potential for a Payment’s Charter, True Lender issues.
 
Additional information and registration can be found here.
 
IPA Summer of Learning: Fireside chat with Joe Vaughn
 
As part of IPA’s Summer of Learning Series, the IPA will host a virtual fireside chat with Joe Vaughn, Senior Diversity and Inclusion Policy Advisor to Rep. Joyce Beatty (D-OH) who chairs the Subcommittee on Diversity & Inclusions of the House Financial Services Committee. Join us to hear from Joe about Chair Beatty’s priorities for her work leading the Diversity & Inclusion Subcommittee, how the Committee is responding to the current national conversation, and more. This timely and important conversation will take a place on Wednesday, August 5 at 2 PM ET.
 
Additional information and registration can be found here.

CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)

CFPB Issues Final Rule on Small Dollar Lending
 
On July 7, the CFPB released issued a final rule concerning small dollar lending “in order to maintain consumer access to credit and competition in the marketplace.” The final rule rescinds the mandatory underwriting provisions of the 2017 rule after re-evaluating the legal and evidentiary bases for these provisions and finding them to be insufficient. The final rule does not rescind or alter the payments provisions of the 2017 rule. 
The Bureau says rescinding the mandatory underwriting provisions of the 2017 rule ensures that consumers have access to credit and competition in states that have decided to allow their residents to use such products, subject to state-law limitations. Currently, 32 states allow small dollar lending. Many of these states set maximum interest rates for small dollar loans or impose other restrictions or limitations on their use.  
The Bureau is also moving forward with implementing the payments provisions of the 2017 final rule. These provisions prohibit lenders from making a new attempt to withdraw funds from an account where two consecutive attempts have failed unless consumers consent to further withdrawals. The payment provisions also require such lenders to provide consumers with written notice before making their first attempt to withdraw payment from their accounts and before subsequent attempts that involve different dates, amounts, or payment channels. These provisions are intended to increase consumer protections from harm associated with lenders’ payment practices. 
Additional information can be found here.

CFPB Issues July 2020 CFPB Complaint Bulletin

On July 16, the CFPB released its July Complaint Bulletin. The Complaint Bulletin reflects complaint data from complaints submitted in 2020, as of June 15, and outlines trends in complaints mentioning coronavirus keywords. 
 
Specifically, the Bulletin highlights that:

• Consumers have submitted approximately 187,000 complaints to the Bureau in 2020, including more than 8,000 complaints that include coronavirus keywords.
• Mortgages (1,575 or 19%) and credit cards (1,512 or 18%) received the most COVID complaints.
  • This differed from complaints overall, which were most often about credit or consumer reporting and debt collection.
• Prepaid received 338 complaints or 4% of all COVID complaints. 
  • Trouble using the card 38% (130) was the most cited concern.
• Comparing the weekly average complaint volume before and after the emergency declaration, shows that prepaid card complaints saw the greatest percent increase and student loan complaints saw the greatest percent decrease. Some of these changes may be explained, in part, by recent changes in market conditions, such as increased unemployment and the implementation of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

 
The full bulletin can be accessed here.

CFPB To Host Symposium on July 29
 
On July 22, the CFPB announced that it will hold a symposium on the use of cost-benefit analysis in consumer financial protection regulation on July 29, 2020 at 9:30 AM ET. According to the Bureau, the symposium is intended to seek perspectives the use of cost-benefit analysis in consumer financial protection regulations. The Bureau also says it is exploring developments in the cost-benefit analysis arena and will consider lessons that may be useful as it nears the start of its second decade of work. 

The event will feature remarks by Bureau Director Kathleen L. Kraninger. This symposium will consist of two panels of experts. The first panel will consider questions related to how the Bureau should use cost-benefit analysis in developing consumer financial regulations and whether the Bureau’s practices provide the proper incentives for the best use and reporting of cost-benefit analysis. The second panel will focus on how the Bureau may help advance the methodology of cost-benefit analysis for consumer financial regulation. The panel may also consider the data and economic models that should be developed for cost-benefit analysis of consumer financial regulation, how to address distributional concerns, and how to partner with others in this work.
 
The symposium will be livestreamed on the Bureau’s website. Additional information can be found in the press release below and the link to register can be found here
 
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)
FDIC Releases RFI on Voluntary Certification Program to Promote New Technologies
On July 20, the Federal Deposit Insurance Corporation (FDIC) released a request for information (RFI) seeking public input on the potential for a public/private standard-setting partnership and voluntary certification program to promote the efficient and effective adoption of innovative technologies at FDIC-supervised financial institutions. The FDIC says, given rapid technological developments and evolving consumer behavior, this public/private partnership model program has the potential to help promote innovation across the banking sector and streamline a costly and often duplicative system for both banks and technology firms.
 
Specifically, the RFI asks whether the proposed program might reduce the regulatory and operational uncertainty that may prevent financial institutions from deploying new technology or entering into partnerships with technology firms, including “fintechs.” 
 
Additional information can be found here and a copy of the RFI can be found attached. Comments will be due 60 days from publication in the Federal Register. The IPA is considering filing comments in response. If you have any feedback, comments, or concerns, please let Grant Hannah (ghannah@ipa.org) or Brian Tate (btate@ipa.org) know. 
 
FINANCIAL CRIMES ENFORCEMENT NETWORK (FinCEN)
FinCEN Alerts Financial Institutions to Convertible Virtual Currency Scam Involving Twitter
On July 16, the Financial Crimes Enforcement Network (FinCEN) issued an alert to financial institutions in response to a high-profile scam exploiting Twitter accounts to solicit fraudulent payments denominated in convertible virtual currency (CVC). The alert emphasizes that it is critical that CVC exchanges and other financial institutions identify and report suspicious transactions associated with this type of activity as quickly as possible. It further indicates that financial institutions should include any relevant technical cyber indicators related to cyber events and associated transactions within the available structured cyber event indicator fields on the Suspicious Activity Report (SAR) form. 
 
Read the alert here.
 
FEDERAL TRADE COMMISSION (FTC)
 
Supreme Court Agrees to Hear Cases on FTC’s Authority to Impose Penalties
 
The Supreme Court has agreed to hear the cases AMG Capital Management v. Federal Trade Commission and Federal Trade Commission v. Credit Bureau Center.
 
In the cases, justices will weigh in on a provision of the Federal Trade Commission Act that gives the FTC the power to go to district court to seek a permanent injunction to enforce Section 5 of the act, which bars “unfair methods of competition” and “unfair or deceptive acts or practices.” The question that the court agreed to hear is whether the act also gives the FTC the power to require defendants to return money that they obtained as a result of their illegal activities. AMG Capital Management asked the Supreme Court to review a decision by the U.S. Court of Appeals for the 9th Circuit that upheld a district court order requiring the company to pay the FTC over a billion dollars in “restitution.” The FTC sought review of a ruling by the U.S. Court of Appeals for the 7th Circuit that reversed a district court order requiring a company to pay the FTC over five million dollars after it offered consumers a “free” credit report but then enrolled them in a credit-monitoring service at a cost of $30 per month. Both petitions were filed last year, but the justices did not act on them previously — probably because the petitions were on hold until the court decided Liu v. Securities and Exchange Commission, involving the SEC’s authority to seek repayment of profits in civil enforcement actions. Notably, the petition for review in Credit Bureau Center was filed by the FTC itself, rather than the U.S. solicitor general, who usually represents the federal government and its agencies in the Supreme Court; the government did not defend the 9th Circuit’s ruling in the FTC’s favor in AMG Capital Management or in another case that now appears to be on hold until these cases are decided.​

Additional information can be found here.

​None.

Gift Card Bill Introduced in NY Senate
 
On July 15, a gift card related piece of legislation (SB 8780) was introduced in the New York Senate. In brief, the bill would limit activation fees for open loop cards (the lesser of $4 or 5% of the value) and prohibit the expiration of funds on most gift cards. A more detailed summary can be found below. 
 
The bill is sponsored by Sen. Shelley Mayer (D), who chairs the Education Committee and has been in the Senate since 2013. The bill has been referred to the Senate Consumer Protection Committee, where it currently sits awaiting further action. 
 
As a note, Sen. Mayer, previously introduced a similar, though not identical bill, SB 5771.

​Summary

• Prohibits the issuance of any gift certificate subject to, any activation fee, retroactive fee, redemption fee, service fee, dormancy fee, latency fee, administrative fee, handling fee, access fee, periodic fee, renewal fee, re-loading fee, or any other fee of any kind, other than an open loop gift certificate subject to an initial one-time activation or issuance fee not in excess of the lesser of four dollars or five percent of the face value of such open loop gift certificate.
• Prohibits the selling of a gift certificate that has a face value or balance that declines as a result of the passage of time or the dormancy of a gift certificate.
• Prohibits the selling or issuing of a gift certificate, other than a promotional gift certificate, where the gift certificate or the underlying funds are subject to an expiration date.
• Requires that a gift certificate, other than an open loop gift certificate, with a remaining value of less than five dollars may be redeemed upon request for its cash value.

 
The IPA will track this legislation through and send out updates through our Government Relations Working Group (GRWG). To join the GRWG, please contact Grant Hannah.

​Biden Campaign Releases “Biden-Sanders Unity Task Force” Policy Recommendation
 
Joe Biden’s presidential campaign has released policy recommendations from the “Biden-Sanders Unity Task Force”, which touches on several policy areas, including areas relating to banking, payments, and financial services. The 110-page document lays out policy recommendations for the former vice president to pursue and includes language for the 2020 Democratic platform. The Biden-Sanders Unity Task Force was formed in May by Vice President Biden and Senator Bernie Sanders (I-VT) to promote unity within the Democratic Party.  
 
We wanted to highlight the following policy recommendations from the document: 
 
Starting on p. 18 –
 
Ensuring Equitable Access to Banking and Financial Services
 
One in four American households are either unbanked or underbanked, putting them at risk of losing money due to exorbitant fees or usurious interest rates. Democrats will support and encourage Congressional efforts to guarantee affordable, transparent, trustworthy banking services for low- and middle-income families, including bank accounts and real-time payment systems through the Federal Reserve and easily accessible service locations, including postal banking. Democrats will also expand access to credit by creating a public credit reporting agency to provide a non-discriminatory credit reporting alternative to the private agencies, and will require its use by all federal lending programs, including home lending and student loans. And we will reinvigorate the Consumer Financial Protection Bureau to ensure that banks and lenders cannot prey on consumers.
 
The scars of the financial crisis that triggered the Great Recession are still present in our economy and our society. Banks should never be “too big to fail.” Democrats will work to reverse the over-financialization of the American economy by maintaining and expanding safeguards that separate retail banking institutions from more risky investment operations. We will strengthen and enforce the Obama-Biden Administration’s Dodd-Frank financial reform law to protect American workers from the impacts of future financial crises. And when justified by the law, we will back criminal penalties for reckless executives who illegally gamble with the savings and economic security of their clients and American communities.
 
On p. 74 – 
 
Banking, Federal Investment, Economic Power for All
 
Access to financial services and postal banking: Serve the unbanked, increase equity and trust: Support and encourage Congressional efforts to expand access to affordable banking, including short and long-term loans and better banking services to communities so they do not have to rely on predatory lenders.

• Fed accounts: Everyone should have an affordable bank account and believe that the Federal Reserve can play that role. 
• Real time payments: Federal Reserve should create a real-time payment system, so families and individuals do not have to wait days for their checks to settle.
• Postal banking: Government should provide easily accessible service locations, especially postal banking to make it possible for everyone to access physical banking locations

 
Wall Street: Maintain and expand safeguards that separate retail banking institutions from more risky investments. Additionally, strengthen and protect Dodd-Frank provisions to ensure that the harmful impacts of a financial crisis can never again erode the American economy. 
 
Protect consumers from usurious interest rates: Strengthen oversight of consumer lending, including credit cards (as required by Dodd-Frank), through the CFPB and enforce remedies for abusive or deceptive practices. Require transparency on rates charged by ZIP code. Pursue legislative options to limit predatory interest rates on non-residential consumer lending.
 
Tackle inequities stemming from credit reporting: Create the Public Credit Reporting Agency within the Consumer Financial Protection Bureau to provide consumers with a government option that seeks to minimize racial disparities. All federal lending will accept this credit agency and require that this agency be used. This includes, but would not be limited to federal home lending, PLUS loans (parent loans backed by the U.S. government), other loans that are guaranteed by the U.S. government, as well as any employment through federal agencies or for federal contracts.

• The private agencies will also be required to provide their data to the federal credit agency.
• The federal credit agency will also ensure the algorithms used for credit scoring don’t have discriminatory impacts, including accepting non-traditional sources of data like rental history and utility bills to ensure credit.

 
Corporate consolidation: Antitrust regulators should have the power, authority, and budget to conduct a thorough review of mergers and acquisitions.

• Have antitrust regulators conduct a thorough review of all mergers and acquisitions since Trump took office and assess those that have created highly concentrated markets, demonstrably caused harm to workers, raised prices, exacerbated racial inequality or reduced competition. Take steps to hold these companies accountable and derive policies to repair the damage done to working people and to reverse the impact on racial inequity.

 
Enforcement: The enforcement agencies should test for and assess racial equity as part of their enforcement actions, including EEOC, FTC and CFPB.
 
We recognize the empirical literature showing that race plays an important role in employment decisions, with negative impacts for workers of color. We believe it is important for government agencies like the EEOC, CFPB and FTC to take a proactive approach to studying the racial impacts of economic decisions and take the necessary proactive enforcement actions to addressing racial discrimination. 
 
The government should use various forms of testing, including paired testing, and conduct more thorough research on employment impacts by race, including by funding robust and transparent social science research on race and differential outcomes in employment, health, education, criminal justice, and other areas through the National Academies. The administration will make this research transparent, target enforcement and hold companies and organizations accountable where disparate treatment is found
 
The full document can be accessed here.

New Federal Laws
 
None.
 
Pending Federal Bills
 
H.R. 189--Financial Institution Customer Protection Act of 2019
Summary: This bill specifies that a federal banking agency cannot request or order a financial institution to close a customer account unless the agency has a valid reason for doing so, and that reason cannot be only reputational risk.
Introduced:  Jan. 3, 2019
Status: The bill was referred to the House Committee on Financial Services on Jan. 3, 2019.
Sponsor: Rep. Blaine Luetkemeyer (R-MO); 0 co-sponsors. 2% chance of enactment (according to govtrack).
Details
 
H.R. 758--Cooperate with Law Enforcement Agencies and Watch Act of 2019
Summary: The bill would protect institutions from regulatory action for keeping accounts open at the request of law enforcement.
Introduced:  Jan. 24, 2019
Status: The bill was received in the Senate, read twice, and referred to the Committee on Banking, Housing, and Urban Affairs on March 12, 2019.
Sponsor: Rep. J. French Hill (R-AR); 2 co-sponsors. 2% chance of enactment (according to govtrack).
Details
 
H.R. 907—To Clarify Exclusions from the Definition of a Deposit Broker
Summary: The bill would amend the Federal Deposit Insurance Act (“FDIA”) to clarify the exemptions from the definition of a “deposit broker.” Specifically, the bill would amend FDIA Section 29(g)(2)(I) to provide that a deposit broker does not include an agent or nominee (i) whose primary business purpose is not the placement of deposits with an insured financial institution; or (ii) who is an exclusive agent of an insurance company or insured depository institution affiliated with an insurance company, provided that the agent or nominee is, among other things, contractually prohibited from placing funds with any other unaffiliated depository institution.
Introduced:  Jan. 30, 2019
Status: The bill was referred to the House Committee on Financial Services on Jan. 30, 2019.
Sponsor: Rep. Darin LaHood (R-IL); 2 co-sponsors. 2% chance of enactment (according to govtrack).
Details
 
H.R. 1423—Forced Arbitration Injustice Repeal (FAIR) Act
Summary: The bill would prohibit forced arbitration agreements and any agreements that would preclude class action lawsuits. 
Introduced:  Feb. 28, 2019
Status:  Received in the Senate and Read twice and referred to the Committee on the Judiciary on September 24, 2019.
Sponsor: Rep. Johnson, Henry C. “Hank,” Jr. (D-GA); 222 cosponsors. 2% chance of enactment (according to govtrack). 
Details
 
H.R. 2514—Counter Act of 2019
Summary: This bill would make changes to the Bank Secrecy Act and anti-money laundering laws. It would require the financial regulators and Financial Crimes Enforcement Network to each appoint a civil liberties and privacy officer who would need to consult on any new regulations. It would create a public-private information sharing program between FinCEN and the financial services industry, and it would require AML training for examiners. 
Introduced: May 3, 2019
Status: The bill passed the House of Representatives on October 28, 2019 and was received in the Senate and referred to the Senate Banking Committee on October 29, 2019.
Sponsor: Rep. Emanuel Cleaver (D-MO); 2 co-sponsors, 2% chance of enactment (according to govtrack).
Details

H.R. 2630—Cash Always Should be Honored (CASH) Act
Summary: This bill would make it unlawful for any physical retail establishment to refuse to accept cash as payment.
Introduced:  May 9, 2019
Status: The bill was referred to the House Committee on Energy and Commerce on May 9, 2019.
Sponsor: Rep. David Cicilline (D-RI); 10 co-sponsors. 2% chance of enactment (according to govtrack).
Details
 
H.R. 4501— Consumer Transaction Account Protection Act of 2019
Summary: This bill would specify that consumer transaction account deposits of an insured depository institution shall not be considered to be funds obtained through a deposit broker.
Introduced:  September 26, 2019
Status: The bill was referred to the House Committee on Financial Services on September 26, 2019.
Sponsor: Rep. Roger Williams (R-TX); 1 co-sponsor. 2% chance of enactment (according to govtrack).
Details

H.R. 4767—Financial Services Innovation Act of 2019
Summary: The bill requires federal regulators to create Financial Services Innovation Offices (FSIOs) within their agencies to foster innovation in financial services. Companies would also be able to apply for an “enforceable compliance agreement” with the FSIOs that, if accepted, will allow them to provide an innovative product or service under an alternative compliance plan.
Introduced:  Oct. 21, 2019
Status: The bill was referred to the House Financial Services Committee and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. On Nov. 11, 2019 it was referred to the Subcommittee on Commodity Exchanges, Energy, and Credit of the Committee on Agriculture.
Sponsor: Rep. Patrick McHenry (R-NC); 1 co-sponsor; 2% chance of enactment (according to govtrack).
Details
 
H.R. 6116-- Consumer Financial Protection Commission Act
Summary: The bill would eliminate signatures for swipe, dip, or tap point-of-sale transactions.
Introduced:  March 5, 2020
Status: The bill was referred to the House Financial Services Committee.
Sponsor: Rep. Blaine Luetkemeyer (R-MO); 25 co-sponsors; 4% chance of enactment (according to govtrack).
Details
 
H.R. 6241-- Touchless Transactions Act of 2020
Summary: The bill would convert the leadership structure of the CFPB from a sole director to a commission. The commission would be made up of 5 members who are appointed by the president and approved by the Senate to serve 5-year terms. No more than 3 members of the commission would be allowed to be from the same political party. The name of the Bureau would also be changed to the Consumer Financial Protection Commission. 
Introduced:  March 12, 2020
Status: The bill was referred to the House Financial Services Committee.
Sponsor: Rep. French Hill (R-AR); 10 co-sponsors; 4% chance of enactment (according to govtrack).
 
S. 142—The American Data Dissemination Act
Summary: The bill would impose privacy requirements on providers of internet services similar to the requirements imposed on federal agencies under the Privacy Act of 1974.
Introduced: Jan. 16. 2019
Status: The bill was referred to the Senate Commerce, Science, and Transportation Committee on Jan. 16, 2019.
Sponsor: Sen. Marco Rubio (R-FL), 0 co-sponsors, 2% chance of enactment (according to govtrack).
Details

S. 149—Stop Senior Scams Act
Summary:  The bill would establish an advisory council made up of federal regulators and industry representatives from, among others, gift card and prepaid card companies, to collect and review information in the development of model materials to provide to retailers, financial services companies, and wire-transfer companies to be used to educate employees on how to identify and prevent scams affecting seniors.
Introduced: Jan. 16, 2019
Status: Passed the Senate on June 16, 2020 by unanimous consent and was sent to the House of Representatives for further consideration. 
Sponsor:  Sen. Robert Casey (D-PA); 2 co-sponsors, 83% chance of enactment (according to govtrack).
Details: https://www.congress.gov/bill/116th-congress/senate-bill/149/text?q=%7B%22search%22%3A%5B%22S.149%22%5D%7D&r=1&s=2
 
S. 189—The Social Media Privacy Protection and Consumer Rights Act of 2019
Summary: This bill requires online platform operators to inform a user, prior to a user creating an account or otherwise using the platform, that the user’s personal data produced during online behavior will be collected and used by the operator and third parties.
Introduced: Jan. 17, 2019
Status: Read twice and referred to the Committee on Commerce, Science, and Transportation on Jan. 17, 2019
Sponsor:  Sen. Amy Klobuchar (D-MN); 3 co-sponsors, 2% chance of enactment (according to govtrack).
Details
 
S. 453—A Bill to Amend the Consumer Financial Protection Act of 2010 to Subject the Bureau of Consumer Financial Protection to the Regular Appropriations Process
Summary: The bill would amend the Consumer Financial Protection Act of 2010 to subject the Consumer Financial Protection Bureau to the regular appropriations process.
Introduced:  Feb. 12, 2019
Status:  Read twice and referred to the Committee on Banking, Housing, and Urban Affairs on Feb. 12, 2019.
Sponsor: Sen. David Perdue (R-GA); 18 cosponsors. 2% chance of enactment (according to govtrack). 
Details
 
S. 3108— Consumer Transaction Account Protection Act of 2019
Summary: This bill would specify that consumer transaction account deposits of an insured depository institution shall not be considered to be funds obtained through a deposit broker.
Introduced:  December 19, 2020
Status: The bill was referred to the Committee on Banking, Housing, and Urban Affairs on December 19, 2019.
Sponsor: Sen. Doug Jones (D-AL); 2 co-sponsors. 2% chance of enactment (according to govtrack).
Details
 
S. 3962— Asset Growth Restriction Act of 2020
Summary: The bill would strike the current legal framework for brokered deposits and replace it with an authorization for the FDIC to limit the asset growth of financially troubled banks by regulation, rule, or order.
Introduced:  June 15, 2020
Status: The bill was referred to the Committee on Banking, Housing, and Urban Affairs on June 15, 2020.
Sponsor: Sen. Jerry Moran (R-KS); 0 co-sponsors. 2% chance of enactment not yet available (according to govtrack).
Details

​​​​​​​is issued by the Innovative Payments Association twenty times a year as a service to members.
Editors: Brian Tate, President and CEO, IPA; Ben Jackson, COO, IPA;  Grant Hannah, Director of Government Relations, IPA; Eli Rosenberg, Partner, Baird Holm LLP; and Gray Derrick, Partner, Baird Holm LLP.
Please address comments and suggestions to: gr@ipa.org.

IPA Podcast: Managing the Liquidity Crisis with Prepaid
 
The COVID19 pandemic has created new challenges for individuals, businesses, and government agencies as they try to manage money and deliver payroll or benefits. 

Prepaid cards have filled gaps for a variety of payments, and in this episode Lori Breitske and Jerry Uffner, from payments processor FIS, explain how. They talk about how prepaid has been used for everything from school lunch benefits to payroll. They also cover how new developments will create payments innovations that will yield benefits beyond the current crisis. 

This podcast contains an edited extract of the audio portion of a Webinar presented by the IPA and FIS. 

You can find a video of the full Webinar at our site or on our YouTube channel.

Listen to the podcast here!
 
IPA Summer of Learning Webinar: Conversation with FDIC General Counsel
 
The IPA will host a webinar as part of our Summer of Learning series that will feature a conversation with FDIC General Counsel Nick Podsiadly. The discussion will touch on topics like the FDIC’s NPR on Brokered Deposits, the FDIC’s planned Office of Innovation, the FDIC’s response to the COVID-19 pandemic, and others.
 
Additional information and registration can be found here. Also, please check out the other webinars from our Summer of Learning series!
 
IPA Summer of Learning Webinar: Fireside Chat with OCC Acting Comptroller
 
Join us on July 30th for a fireside chat with the Acting Comptroller of the Currency.  We will discuss the OCC’s priorities during the COVID-19 crisis, including the OCC’s Fintech Charter, the potential for a Payment’s Charter, True Lender issues.
 
Additional information and registration can be found here.

CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)
 
Supreme Court Rules CFPB's Structure Unconstitutional
 
On June 29, the Supreme released its ruling in Seila Law LLC v. Consumer Financial Protection Bureau. In brief, the Court ruled that the structure of the CFPB violates the separation of powers, but, at the same time, that the CFPB Director’s removal protection, as granted in the Dodd-Frank Act, is severable from the other statutory provisions on the CFPB’s authority in the Dodd-Frank Act. In light of this, the Court holds that the CFPB may therefore continue to operate, but its Director must be removable by the President at will. 
 
The impact of this will be important to watch, especially with the election in November. Because of this ruling, if Joe Biden wins in November, current CFPB Director Kraninger could be removed from office as soon as he assumes the presidency. This also could have implications in the PayPal case. If the Prepaid rule were to ultimately be vacated by the courts and Biden won, the Bureau could start over and try and write another rule covering prepaid, only this time under a director who perhaps takes a more aggressive approach to regulation. 
 
The full text of the ruling can be found here.
 
CFPB Files Response to PayPal’s Motion for Summary Judgement in Case Challenging Prepaid Rule
 
On July 7, the Consumer Financial Protection Bureau (Bureau) filed its motion for summary judgement in the PayPal case. This filing comes in response to PayPal’s own motion for summary judgement from May. In brief, the Bureau is urging the Court to deny PayPal’s motion for summary judgement and to consider its motion for summary judgement. The Bureau also defends the Prepaid Rule in its entirety and argues that PayPal’s challenges distort the governing statutory framework, the Bureau’s reasons for adopting the Rule, and the scope of the Rule itself, and asks the Court to reject them. 
 
Specifically, the Bureau lays out the following arguments in defense of the Prepaid Rule: 
 

• Congress delegated the Bureau broad authority to promulgate rules to ensure that consumers understand the terms and conditions of financial products so that they can make informed financial decisions.
• The Rule easily satisfies the Administrative Procedures Act’s requirement for reasoned decision making.
• The Bureau thoroughly considered the benefits and costs of the Rule in compliance with its statutory obligations
• The Rule’s disclosure requirements are entirely consistent with the First Amendment.

 
In addition, the Bureau argues that even if the Court concluded that some of PayPal’s challenges had merit, that would not warrant the wholesale invalidation of the Rule that PayPal seeks. The Bureau, therefore, requests that if the Court rules one portion of the rule is invalid, the court should “sever and affirm” the remainder.
 
PayPal will now have the opportunity to file a reply in support of its motion for summary judgment and opposition to the Bureau’s motion for summary judgment, which is due by August 21, 2020.
 
CFPB Releases Spring 2020 Rulemaking Agenda
 
On July 1, the Consumer Financial Protection Bureau released its Spring 2020 Rulemaking Agenda. The agenda lists the regulatory matters that the Bureau expects to focus on between May 1, 2020 and April 30, 2021.
 
Specifically, the Spring 2020 Agenda highlights a number of proposed or final rules that the Bureau issued in May and June 2020. These include:

• A final rule amending the Bureau’s Remittance Rule to provide tailored exceptions that permit certain insured institutions to disclose estimates instead of exact amounts to consumers in certain circumstances. 
• A proposed rule to address the anticipated discontinuation of LIBOR, to facilitate compliance by open-end and closed-end creditors and to lessen the financial impact to consumers by providing examples of replacement indices that meet Regulation Z requirements.
• Two proposed rules concerning possible amendments to the qualified mortgage provisions of Regulation Z. 
• An extension to August 4, 2020, for the public to file comments on a supplemental proposed rule related to time-barred debt disclosures; the proposed rule was published in early 2020 after completion of consumer testing.

 
In addition to continuing to move these and other pending regulations forward, the Bureau also notes that it has several other regulatory activities planned for the remainder of 2020 through the spring of 2021, including the following: 
 

• A proposed rule to implement section 108 of the Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018 (EGRRCPA), which requires the Bureau to conduct a rulemaking to exempt certain loans from the escrow requirements applicable to higher-priced mortgage loans if they are made by certain creditors with assets of $10 billion or less and that meet other criteria.
• In September 2020, the Bureau plans to take a step forward toward implementing section 1071 of the Dodd-Frank Act, which 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. 
• In the fall of 2020, the Bureau expects to propose two new rules under the Home Mortgage Disclosure Act (HMDA). 
• The Bureau expects to take final action in October 2020 with regard to the May 2019 proposed rule that 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. 
• Finally, the Bureau is considering issuing later this year a proposed rule proposing a new “seasoning” definition of QM. This definition would create an alternative pathway to QM safe-harbor status for certain mortgages when the borrower has consistently made timely payments for a period.

 
Additional details on the Bureau’s agenda can be found here.
 
CFPB Announces Tech Sprints Initiative
 
On June 29, the Consumer Financial Protection Bureau (Bureau) announced a new Tech Sprints initiative. According to the Bureau, the Tech Sprints initiative will bring together regulators, technologists, software providers, consumer groups, and financial institutions to develop technological solutions to shared compliance challenges and has a goal of reducing regulatory burden and improving consumer understanding of financial services. 

The first Tech Sprint will kick off in October with another in March 2021. Participants in the October 5-9, 2020, Tech Sprint will be asked to improve upon existing consumer disclosures. Participants in this Tech Sprint will design innovative electronic methods for informing consumers about adverse credit actions, including from the use of algorithms. The March 22-26, 2021, Tech Sprint will focus on the Home Mortgage Disclosure Act (HMDA) platform and submission process. Tech Sprint participants may help develop new tools to address compliance challenges and improve the filing process, and may work to further develop the HMDA Platform’s Application Programming Interfaces (APIs) to increase efficiency and lower cost.  

Additional information can be found here. 

FEDERAL RESERVE BANK OF ATLANTA
Atlanta Fed Releases Annual Survey of Consumer Payment Choices
The Atlanta Fed has released its annual Survey of Consumer Payment Choices. The 2019 Survey of Consumer Payment Choice is the 12th in a series of annual studies that aim to gain a comprehensive understanding of the payment behavior of U.S. consumers. A summary of results can be found below. 
 
The 2019 Survey of Consumer Payment Choice: Summary Results 
 
Kevin Foster, Claire Greene, and Joanna Stavins – June, 2020 
 
In 2019, U.S. consumers made 69 payments per month on average. They made six in 10 payments with debit, credit, or prepaid cards, or 42 payments. Debit cards were used the most, for 24 payments, followed by credit cards (17 payments), and cash (15 payments). Over the 12 years of the survey, debit, cash, and credit have consistently been the most popular ways to pay. 
 
Some notable results about consumer payment behavior in 2019: 
 
• Fifty-nine percent of consumers adopted mobile banking and 75 percent online banking. 
• Half of consumers adopted at least one online payment method, such as PayPal, Venmo, or Zelle. 
• Three-quarters of consumers paid electronically from a bank account, either by using their bank’s online bill pay or providing their bank account number to a third party. 
• On average, consumers made 30 percent of in-person retail payments in cash in a typical month. 
• Half of consumers reported that in a typical month they made at least one payment to another person (for example, friend or family). 
 
From 2018 to 2019, the share of payments made with cash declined 2 percentage points, a statistically significant change. Also statistically significant, the share of payments made with online banking bill pay (OBBP) increased about one-half of 1 percentage point. The shares of payments made with cards (debit, credit, prepaid) were stable; no change was statistically significant. The shares of consumers who purchased goods or services online or who made a mobile payment were stable from 2018. 
 
Additionally, interactive charts, showing payment use by transaction type, income, and age, are posted on the Atlanta Fed’s website. 
 
FINANCIAL CRIMES ENFORCEMENT NETWORK (FinCEN)
FinCEN Guidance Regarding Due Diligence Requirements under the BSA for Hemp-Related Business Customers
 
On June 29, the Financial Crimes Enforcement Network (FinCEN) issued guidance to address questions related to Bank Secrecy Act/Anti-Money Laundering (BSA/AML) regulatory requirements for hemp-related business customers.  This guidance explains how financial institutions can conduct due diligence for hemp-related businesses, and identifies the type of information and documentation financial institutions can collect from hemp-related businesses to comply with BSA regulatory requirements.  
 
This clarification is intended to enhance the availability of financial services for, and the financial transparency of, hemp-related businesses in compliance with federal law.  This guidance supplements the December 3, 2019 interagency statement on providing financial services to customers engaged in hemp-related businesses.
 
Read the Guidance here.
 
FinCEN Issues Advisory on Imposter Scams and Money Mule Schemes Related to COVID-19
 
On July 7, the Financial Crimes Enforcement Network (FinCEN) issued an advisory to alert financial institutions to potential indicators of imposter scams and money mule schemes, which are two forms of consumer fraud observed during the COVID-19 pandemic. The advisory contains descriptions of these scams and schemes, financial red flag indicators for both, and information on reporting suspicious activity.
 
The advisory is based on FinCEN’s analysis of COVID-19-related information obtained from Bank Secrecy Act data, open source reporting, and law enforcement partners. FinCEN will issue COVID-19-related information to financial institutions to help enhance their efforts to detect, prevent, and report suspected illicit activity on its website at https://www.fincen.gov/coronavirus. 
 
Read the advisory here.
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​Recap of June 30 House Financial Services Committee and Senate Banking Committee Hearings 
 
On June 30, the Senate Banking Committee held a hearing entitled, “The Digitization of Money and Payments.” In addition, the House Financial Services Committee held a hearing entitled, “Oversight of the Treasury Department's and Federal Reserve's Pandemic Response”, which featured Treasury Secretary Steven Mnuchin and Federal Reserve Chair Jerome Powell. Below, please find summaries of notable moments from the hearings as well as some common topics that were discussed. 
 
Senate Banking Hearing – “The Digitization of Money and Payments”
 
Witness List: 
 

• The Honorable J. Christopher Giancarlo, Senior Counsel, Willkie Farr & Gallagher LLP and former Chairman, U.S. Commodity Futures Trading Commission
• Mr. Charles Cascarilla, Chief Executive Officer And Co-Founder, Paxos
• Professor Nakita Q. Cuttino, Visiting Assistant Professor Of Law, Duke University School of Law

 
Professor Cuttino spent a significant portion of her opening statement on early wage access products and told the Committee that, in some ways, this market poses unmitigated loan-like risks reminiscent of payday loans under the guise of real-time payments. She also mentioned in her opening statement that access barriers to banks and payment delays drive demand for “fringe tech” services like high rate prepaid cards, check cashers, and payday loans. 
 
In his questioning , Ranking Member Sherrod Brown (D-OH) asked Professor Cuttino how his Banking for All Act, which includes provisions establishing FedAccounts, digital dollar, and postal banking, provides the benefits of “fringe tech” products without the downsides. Professor Cuttino responded that it would provide faster access to funds and more secure storage of funds than payment apps like Venmo where they store funds like a bank but they don’t have protections like deposit insurance. Having an account under the Act would protect consumer funds, provide interest, drive savings rates, and keep costs low, she said.
 
Sen. Tom Cotton (R-AR) asked Mr. Giancarlo, if the United States had a digital dollar, how different did he think things would have looked earlier this year when Treasury took several weeks to send out millions of dollars of relief payments under the CARES Act, including over 80 million via paper check. Mr. Giancarlo responded that distribution of relief payments would have been able to be instantaneous to those with smart phones. He acknowledged that there is not universal adoption of smart phones and it is an issue that itself is worthy of further analysis. He went onto say that at least the technology would be there for instantaneous distribution. 
 
Other common topics discussed include: establishing a national regulatory framework for cryptocurrency and blockchain, central bank digital currencies (CBDC), and the need for the U.S. to develop a CBDC to remain competitive globally, especially to counter China, which is developing a digital Yuan. 
 
A recording of the hearing can be accessed here. 
 
House Financial Services Committee Hearing – “Oversight of the Treasury Department's and Federal Reserve's Pandemic Response”
 
Witness List:
 

• The Honorable Steven Mnuchin, Secretary, U.S. Department of the Treasury
• The Honorable Jerome Powell, Chair, Board of Governors of the Federal Reserve System

 
In his opening statement, Sec. Mnuchin mentioned Treasury has distributed nearly 160 million Economic Impact Payments totaling more than $260 billion so far. 
 
Rep. William Lacy Clay (D-MO) asked Sec. Mnuchin when Treasury will issue guidelines articulating the expectations that financial institutions refrain from garnishing stimulus payments. Sec. Mnuchin said Treasury believes there should have been no garnishment of CARES Act stimulus payments, but it needs to be addressed in the next relief bill because there are certain state laws that were not overridden in the CARES Act. 
 
Other common topics of discussion include: the best way to utilize leftover PPP money, issues related to the Mainstreet Lending Program and commercial real estate, additional funding in the next pandemic relief bill for hotel and other entities in the hospitality industry, and expanding access to Fed & Treasury lending programs for CDFIs and MDIs.
 
A recording of the hearing can be accessed here. 

Appeal in NY Payroll Litigation Dismissed
 
The IPA has learned that the New York State Court of Appeals dismissed Global Cash Card’s appeal in the ongoing litigation on the New York Department of Labor’s (“NYDOL”) final rule on the methods and payment of wages upon the ground that no substantial constitutional question is directly involved. As a reminder, Global Cash Card filed its intent to appeal a decision issued by the New York Supreme Court, Appellate Division, Third Judicial Department earlier this year, which upheld the NYDOL final rule on the methods and payment of wages. As previously noted, the New York State Supreme Court, Appellate Division, Third Judicial Department, held that the New York Industrial Board acted arbitrarily and capriciously by completely revoking the NYDOL’s Final Rule instead of just revoking the provisions addressing payroll cards that had been challenged.
 
The IPA is working to gather additional information and will provide updates through our Government Relations Working Group (GRWG). To join the GRWG, please contact Grant Hannah at ghannah@ipa.org. 

New Federal Laws
 
None.

PENDING FEDERAL BILLS
H.R. 189—Financial Institution Customer Protection Act of 2019
Summary: This bill specifies that a federal banking agency cannot request or order a financial institution to close a customer account unless the agency has a valid reason for doing so, and that reason cannot be only reputational risk.
Introduced: Jan. 3, 2019
Status: The bill was referred to the House Committee on Financial Services on Jan. 3, 2019.
Sponsor: Rep. Blaine Luetkemeyer (R-MO); 0 co-sponsors. 4% chance of enactment (according to govtrack).
Details link

​H.R. 758—Cooperate with Law Enforcement Agencies and Watch Act of 2019
Summary: The bill would protect institutions from regulatory action for keeping accounts open at the request of law enforcement.
Introduced: Jan. 24, 2019
Status: The bill was received in the Senate, read twice, and referred to the Committee on Banking, Housing, and Urban Affairs on March 12, 2019.
Sponsor: Rep. J. French Hill (R-AR); 2 co-sponsors. 4% chance of enactment (according to govtrack).
Details Link

H.R. 907—To Clarify Exclusions from the Definition of a Deposit Broker
Summary: The bill would amend the Federal Deposit Insurance Act (“FDIA”) to clarify the exemptions from the definition of a “deposit broker.” Specifically, the bill would amend FDIA Section 29(g)(2)(I) to provide that a deposit broker does not include an agent or nominee (i) whose primary business purpose is not the placement of deposits with an insured financial institution; or (ii) who is an exclusive agent of an insurance company or insured depository institution affiliated with an insurance company, provided that the agent or nominee is, among other things, contractually prohibited from placing funds with any other unaffiliated depository institution.
Introduced: Jan. 30, 2019
Status: The bill was referred to the House Committee on Financial Services on Jan. 30, 2019.
Sponsor: Rep. Darin LaHood (R-IL); 2 co-sponsors. 4% chance of enactment (according to govtrack).
Details Link

H.R. 1423—Forced Arbitration Injustice Repeal (FAIR) Act
Summary: The bill would prohibit forced arbitration agreements and any agreements that would preclude class action lawsuits.
Introduced: Feb. 28, 2019
Status: Received in the Senate and Read twice and referred to the Committee on the Judiciary on September 24, 2019. Sponsor: Rep. Johnson, Henry C. “Hank,” Jr. (D-GA); 222 cosponsors. 4% chance of enactment (according to govtrack). Details Link

H.R. 2514—COUNTER ACT OF 2019
Summary: This bill would make changes to the Bank Secrecy Act and anti-money laundering laws. It would require the financial regulators and Financial Crimes Enforcement Network to each appoint a civil liberties and privacy officer who would need to consult on any new regulations. It would create a public-private information sharing program between FinCEN and the financial services industry, and it would require AML training for examiners.
Introduced: May 3, 2019
Status: The bill passed the House of Representatives on October 28, 2019 and was received in the Senate and referred to the Senate Banking Committee on October 29, 2019.
Sponsor: Rep. Emanuel Cleaver (D-MO); 2 co-sponsors, 4% chance of enactment (according to govtrack).
Details Link

H.R. 2630—CASH ALWAYS SHOULD BE HONORED (CASH) ACT
Summary: This bill would make it unlawful for any physical retail establishment to refuse to accept cash as payment. Introduced: May 9, 2019
Status: The bill was referred to the House Committee on Energy and Commerce on May 9, 2019.
Sponsor: Rep. David Cicilline (D-RI); 10 co-sponsors. 4% chance of enactment (according to govtrack).
Details Link

H.R. 4501— CONSUMER TRANSACTION ACCOUNT PROTECTION ACT OF 2019
Summary: This bill would specify that consumer transaction account deposits of an insured depository institution shall not be considered to be funds obtained through a deposit broker.
Introduced: September 26, 2019
Status: The bill was referred to the House Committee on Financial Services on September 26, 2019. Sponsor: Rep. Roger Williams (R-TX); 1 co-sponsor. 4% chance of enactment (according to govtrack). 
Details Link

H.R. 4767—FINANCIAL SERVICES INNOVATION ACT OF 2019
Summary: The bill requires federal regulators to create Financial Services Innovation Offices (FSIOs) within their agencies to foster innovation in financial services. Companies would also be able to apply for an “enforceable compliance agreement” with the FSIOs that, if accepted, will allow them to provide an innovative product or service under an alternative compliance plan.
Introduced: Oct. 21, 2019
Status: The bill was referred to the House Financial Services Committee and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. On Nov. 11, 2019 it was referred to the Subcommittee on Commodity Exchanges, Energy, and Credit of the Committee on Agriculture.
Sponsor: Rep. Patrick McHenry (R-NC); 1 co-sponsor; 4% chance of enactment (according to govtrack).
Details Link

H.R. 6116— CONSUMER FINANCIAL PROTECTION COMMISSION ACT
Summary: The bill would convert the leadership structure of the CFPB from a sole director to a commission. The commission would be made up of 5 members who are appointed by the president and approved by the Senate to serve 5- year terms. No more than 3 members of the commission would be allowed to be from the same political party. The name of the Bureau would also be changed to the Consumer Financial Protection Commission.
Introduced: March 5, 2020
Status: The bill was referred to the House Financial Services Committee.
Sponsor: Rep. Blaine Luetkemeyer (R-MO); 25 co-sponsors; 3% chance of enactment (according to govtrack).
Details Link

H.R. 6241-- Touchless Transactions Act of 2020
Summary: The bill would convert the leadership structure of the CFPB from a sole director to a commission. The commission would be made up of 5 members who are appointed by the president and approved by the Senate to serve 5-year terms. No more than 3 members of the commission would be allowed to be from the same political party. The name of the Bureau would also be changed to the Consumer Financial Protection Commission. 
Introduced:  March 12, 2020
Status: The bill was referred to the House Financial Services Committee.
Sponsor: Rep. French Hill (R-AR); 10 co-sponsors; 2% chance of enactment (according to govtrack).

S. 142—The American Data Dissemination Act
Introduced: Jan. 16. 2019
Status: The bill was referred to the Senate Commerce, Science, and Transportation Committee on Jan. 16, 2019. Sponsor: Sen. Marco Rubio (R-FL), 0 co-sponsors, 4% chance of enactment (according to govtrack).
Details Link

S. 149—Stop Senior Scams Act
Summary: The bill would establish an advisory council made up of federal regulators and industry representatives from,
among others, gift card and prepaid card companies, to collect and review information in the development of model
materials to provide to retailers, financial services companies, and wire-transfer companies to be used to educate employees on how to identify and prevent scams affecting seniors.
​Introduced: Jan. 16, 2019
Status: The Senate Commerce, Science, and Transportation Committee ordered the bill to be reported with an amendment in the nature of a substitute favorably on July 10, 2019. It was reported out of the Commerce Committee on December 19,2019. 
​Sponsor: Sen. Robert Casey (D-PA); 2 co-sponsors, 83% chance of enactment (according to govtrack).
Details Link

S. 189—The Social Media Privacy Protection and Consumer Rights Act of 2019
Summary: This bill requires online platform operators to inform a user, prior to a user creating an account or otherwise using the platform, that the user’s personal data produced during online behavior will be collected and used by the operator and third parties. 
Introduced: Jan. 17, 2019
Status: Read twice and referred to the Committee on Commerce, Science, and Transportation on Jan. 17, 2019 Sponsor: Sen. Amy Klobuchar (D-MN); 3 co-sponsors, 3% chance of enactment (according to govtrack).
Details Link

S. 453—A Bill to Amend the Consumer Financial Protection Act of 2010 to Subject the Bureau of Consumer Financial Protection to the Regular Appropriations Process
Summary: The bill would amend the Consumer Financial Protection Act of 2010 to subject the Consumer Financial Protection Bureau to the regular appropriations process.
Introduced: Feb. 12, 2019
Status: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs on Feb. 12, 2019. Sponsor: Sen. David Perdue (R-GA); 18 cosponsors. 4% chance of enactment (according to govtrack).
Details Link

S. 3108— CONSUMER TRANSACTION ACCOUNT PROTECTION ACT OF 2019
Summary: This bill would specify that consumer transaction account deposits of an insured depository institution shall not be considered to be funds obtained through a deposit broker.
Introduced: December 19, 2020
Status: The bill was referred to the Committee on Banking, Housing, and Urban Affairs on December 19, 2019. Sponsor: Sen. Doug Jones (D-AL); 2 co-sponsors. 2% chance of enactment (according to govtrack).
Details Link

S. 3962— Asset Growth Restriction Act of 2020
Summary: The bill would strike the current legal framework for brokered deposits and replace it with an authorization for the FDIC to limit the asset growth of financially troubled banks by regulation, rule, or order.
Introduced:  June 15, 2020
Status: The bill was referred to the Committee on Banking, Housing, and Urban Affairs on June 15, 2020.
Sponsor: Sen. Jerry Moran (R-KS); 0 co-sponsors. % chance of enactment not yet available (according to govtrack).
Details: https://www.congress.gov/bill/116th-congress/senate-bill/3962?s=7&r=9

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