IBA’s Washington DC Update for Sept. 8, 2021

IBA ABA Virtual Washington Fly-in Information – Sept. 27-29

We’re excited to announce that registration in now open for the Virtual Washington Fly-In this September 27-29. We kick things off with an ABA briefing and meetings have been confirmed with the FDIC, OCC, FinCEN and the Federal Reserve Board. We expect to confirm the CFPB briefing very soon and we have an invitation out to Treasury to join as well. We’re also hosting an orientation session on Thursday, September 23rd for new advocates and emerging leaders. While IBA would much prefer to be meeting with everyone in person in DC, these engagements with agency leadership are valuable even in the virtual format. Please don’t hesitate to reach out with any questions.

Join us Sept. 27-29 so you don’t miss out on the opportunity to hear from ABA and agency leadership including:

Michael J. Hsu
Acting Head
Comptroller of the Currency

 

Jelena McWilliams
Chairman
Federal Deposit Insurance Corporation

 

Michelle W. Bowman
Governor
Board of Governors of the Federal Reserve System

 

Rob Nichols
President and CEO
American Bankers Association

 

Learn more and register at aba.com/flyin

IBA Opposes Proposed IRS Reporting Requirements in Letter to Idaho Delegation; Bankers Urged to Contact Congress

In a letter to the Idaho Congressional Delegation this week, the Association strongly opposed proposed new Internal Revenue Service reporting requirements that are under consideration in Congress.  The proposal mandates that banks collect and share account and transaction information on millions of customers with the IRS in an effort to increase tax compliance.

The letter notes that, “the new reporting requirements…are extremely expansive, will be complicated and burdensome for the industry to implement, and would intrude into the lives of nearly every individual with a bank account.”  In addition, the Association stated that, “Smaller community banks, which comprise the vast majority of IBA’s membership, will be especially burdened by this mandate, which requires an expensive compliance effort to track and report inflows and outflows on all bank products.”

ACTION NEEDED: All bankers are urged to contact Congress in opposition to the IRS reporting proposal, which is likely to be considered during debate on the house budget reconciliation package in the coming days.  The American Bankers Association (ABA) and the Independent Community Bankers of America (ICBA) have sample letters to send to Idaho’s Delegation. In addition, ICBA has resources to share with your customers to encourage them to oppose this proposal as well.  To access the ABA resources, click here, to access the ICBA resources, click here.

To read IBA’s letter to Senator Crapo, click here.

CFPB Releases Long-Anticipated Small Business Data Collection Proposal

This week, the Consumer Financial Protection Bureau (CFPB) released the long-awaited proposal for implementing Section 1071 of the Dodd-Frank Act, which mandates that lenders collect credit application data for small businesses, including women-owned and minority-owned small businesses. The more than 900-page proposed rule requires banks and other lenders to report: the amount and type of small business credit applied for and extended; the race, ethnicity and sex of the small business owners; and several key elements of the price of the credit offered.

The rule applies to all banks, credit unions and nonbank lenders that originate at least 25 credit transactions in each of the two preceding calendar years that meet the definition of “business credit” under Regulation B and that involve “small businesses”.  Under the proposed rule, “small businesses” are defined as businesses with $5 million or less in gross annual revenue for the business’ preceding fiscal year.  The proposed rule covers business and agricultural-purpose loans, lines of credit, credit cards and merchant cash advances.

Similar to Home Mortgage Disclosure Act (HMDA) data collection, banks would be required to collect data on a calendar-year basis and report it to the CFPB by June 1 of the following year.  The Bureau will make the data available annually to the public on its website, and the proposal seeks input on whether any information should be redacted from the public data set to protect privacy of small businesses.

The Association is reviewing the proposal and plans to submit comments to the CFPB.  Comments are due 90 days after the proposal is published in the Federal Register.

To read more and download the proposed rule, click here.

Banking Agencies Release Guide on Fintech, Community Bank Partnerships

The federal banking agencies on Friday released a guide to help community banks asses risks when considering partnerships with fintech companies. The guide focuses on six key due diligence topics, including business experience and qualifications, financial condition, legal and regulatory compliance, risk management and control processes, information security and operational resilience.

The agencies said community banks may use the guide when performing due diligence on prospective relationship, but added that it is voluntary and does not cover all types of third-party relationships and risks.

The guide is written from a community bank perspective, the agencies said, but added that the fundamental concepts may be useful for banks of varying size and for other types of third-party relationships.

To read more, click here

FDIC review could indicate more virtual bank exams

The Federal Deposit Insurance Corp.’s request for input on how well virtual bank examinations have gone over the last 18 months could be a sign it plans to do more supervision remotely going forward. Some say face-to-face interaction is needed for clear communication between banks and examiners, while those in favor of remote examinations say they reduce travel time and burnout among examiners.

To read more, click here