Close the Shadow Banking Loophole Act

H.R. 1437, Further Continuing Appropriations and Extensions Act, all provisions; H.R. 4373, Further Additional Continuing Appropriations and Extensions Act, 2023, all provisions; H.R. 2627, Consolidated Appropriations Act, all provisions; S. 5189, Close the Shadow Banking Loophole Act, all provisions; H.R. 2954, Securing a Strong Retirement Act of 2022, all provisions; H.R. 1996/ S.910, Safe Banking Act of 2021, all provisions; H.R. 8874/S.4674, Credit Card Competition Act of 2022, all provisions; Crypto currency, general education; ESG general education; SBA program education; CRA modernization general education; cyber security general education.

Client expense: $70,000 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES, SENATE

H.R. 1437, Further Continuing Appropriations and Extensions Act, all provisions; H.R. 4373, Further Additional Continuing Appropriations and Extensions Act, 2023, all provisions; H.R. 2627, Consolidated Appropriations Act, all provisions; S. 5189, Close the Shadow Banking Loophole Act, all provisions; H.R. 2954, Securing a Strong Retirement Act of 2022, all provisions; H.R. 1996/ S.910, Safe Banking Act of 2021, all provisions; H.R. 8874/S.4674, Credit Card Competition Act of 2022, all provisions; Crypto currency, general education; ESG general education; SBA program education; CRA modernization general education; cyber security general education.

Client expense: $70,000 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES, SENATE

Protect the credit union tax exemption; Support legislation and regulation that helps credit unions grow membership, loans, and retained earnings in order to serve their 127 million members; Support regulatory relief for credit unions; Provide guidance or rulemakings rather than rule through enforcement; Support increase in funding for CDFI Fund, MDIs, and the CDRLF; Fair Market: This includes ensuring all lenders are following the same rules of the road and protecting consumers, including making fintechs, predatory payday lenders, and other non-regulated entities subject to proper oversight; Technology and Innovation: As new technologies emerge and disrupt finance, the NCUA needs to foster strong fintech partnerships to help credit unions and support credit unions ability to provide custodial services for digital assets and utilize blockchain technologies; Regulatory Relief: Remove the CFPBs examination and enforcement powers over credit unions, retain the NCUA Boards bipartisan three-member structure, and oppose efforts to place new restrictions on lending and credit reporting that will inhibit credit unions from helping their members; Data Protection: Encouraging federal standards for data privacy and data security that recognize existing regulatory requirements for credit unions, such as a federal standard of privacy rules that aligns with our principles outlined in our white paper; Support extending GLBA like data security measures to retailers; Support recognizing GLBA compliance in any privacy legislation; Oppose SBA direct lending authority; Support improvements to ease the process for forgiveness of PPP loans to small businesses; Oppose limits on fee income for credit unions including courtesy pay; Support CFPB study of overdraft programs to determine the value to consumers; Support limiting burdens of HMDA rule on credit unions; CFPB should remove unnecessary and unused data points related to HMDA reporting; Support permanently increasing reporting thresholds for open- and closed-end loans; Prevent competitive disadvantages for credit unions and market distortions related to the integration of digital assets into traditional financial products; CFPB should make greater use of Section 1022 of the Dodd-Frank Act to exempt credit unions from rules where appropriate; CFPB should engage in interagency coordination on Section 1033 consumer access to financial records rulemaking; Oppose CFPBs characterization of regulated and disclosed financial services fees as junk fees; CFPB should explore streamlining required fee disclosures; CFPB should clarify UDAAP authority; CFPB should respect GLBAs data security regulatory structure; CFPB should limit impact and burden from proposed rule related to Section 1071 Small Business Lending Data Collection (RIN: 3170-AA09); Improve examination coordination between CFPB and NCUA; Support permanent adoption of CFPBs expired temporary relief of E-SIGN regulation; Support CFPB exercise of larger participant authority to oversee fintech companies; Support fair distribution of Regulation E error resolution responsibilities; Support clear regulatory framework for digital assets to encourage responsible innovation and permit credit union participation; Support CDFI Fund transparency on certification changes; Support streamlining and modernization of CDFI Fund certification process; Support Congressional oversight of SBAs Affiliation and Small Business Lending Company proposed rules; Support tax deduction for mortgage insurance premiums; Support modification or removal of the credit union member business lending cap; FHFA should allow GSEs to purchase non-conforming loans from CDFIs; Support alternative credit scoring models; Oppose development of a CBDC; Support prevention of an NFIP lapse; Support improving veterans access to capital by exempting credit unions business loans to veterans from the credit union member business lending cap; Support expanding the definition of Community Financial Institutions (CFIs) in the Federal Home Loan Bank Act (FHLB Act) to include credit unions and Treasury-certified non-depository community development financial institutions; Oppose any interchange/swipe fee legislation including related to routing or any form of market manipulation; Support parity for credit unions related to stablecoin regulation; Treasury should address the demand for coins to help consumers who rely on cash transactions; Support addressing appraisal bias and modernize the appraisal process for consistency; Support for forced arbitration - studies show consumers benefit more often from arbitration than litigation; Support easing requirements for de novo credit unions; Support providing flexibility for credit unions to issue subordinated debt; Support H.R. 5189, the Member Business Loan Expansion Act; Support the Federal Home Loan Banks' Mission Implementation Act (H.R. 3323, S.1684); Support H.R. 4773, the Consumer Financial Protection Commission Act; Oppose legislation granting NCUA third-party vendor examination authority (H.R. 7022, S. 4698); Oppose Credit Card Competition Act (H.R. 8874, S. 4674); Support SAFE Banking Act (H.R. 1996, S. 910); Support Central Liquidity Facility Enhancement Act (H.R. 3958, S. 5183); Support Credit Union Board Modernization Act (H.R. 6889, S. 4325); Support Expanding Financial Access for Underserved Communities Act (H.R. 7003, S. 4879); Support CDFI Bond Guarantee Program Improvement Act (H.R. 7733, S. 3441); Support Title III, Subtitle C of H.R. 2543 - Promoting and Advancing Communities of Color Through Inclusive Lending; Support S. 3590, the Middle Class Mortgage Insurance Premium Act; Oppose inclusion of the Credit Card Competition Act (H.R. 8874, S. 4674) or NCUA third-party vendor examination authority (H.R. 7022, S. 4698) in the FY 2023 NDAA; Support H.R. 5912, the Close the ILC Loophole Act; Support S. 762, the Expanding Access to Lending Options Act; Oppose Senate NDAA amendments 6201 and 6174 on credit card interchange; Support S. 4165, the CDFI Crisis Fund Act; Oppose H.R. 4277, the Overdraft Protection Act; Oppose FDCPA changes that improperly burden creditors in H.R. 6814, the Small Business Fair Debt Collection Protection Act; Oppose inclusion of bank lease provision in FY 2023 NDAA; Oppose H.R. 8152, the American Data Privacy and Protection Act; Support H.R. 5911, the Fair Hiring in Banking Act; Support H.R. 4590, the Promoting New and Diverse Depository Institutions Act; Oppose H.R. 8485, the Expanding Access to Credit through Consumer-Permissioned Data Act; Support the Small LENDER Act (H.R. 6732, S. 4004); Support H.R. 7628, the Improve the SBA Act; Support the SECURE Notarization Act (H.R. 3962, S. 1625); Support the TAILOR Act (H.R. 766, S. 3745); Support the Transparency in Consumer Financial Protection Bureau (CFPB) Cost-Benefit Analysis Act (H.R. 7412, S.4522); Support H.R. 1471, the Access to Credit for Small Businesses Impacted by the COVID-19 Crisis Act; Oppose H.R. 963, the Forced Arbitration Injustice Repeal (FAIR) Act; Support S. 5189, the Close the Shadow Banking Loophole Act; Support for Advancing Technologies to Support Inclusion Act discussion draft; Support for Creation of Diverse and Mission-Driven Community Financial Institutions Act discussion draft; Comments to SBA on RIN 3245-AH87 expressing concern about interaction between Affiliation and Small Business Lending Company proposed rules; Request for extension of temporary NCUA relief on loan participation and eligible obligation regulations due to the COVID-19 pandemic; Request for clarification of CFPB authority and intention for auto loan data collection; Comments to Treasury Dept on Docket No. 2022-21524 requesting streamlined applications for federal community investment programs; Comments to CDFI Fund on Docket No. 2022-22767 requesting modification of proposed pre-approved Target Market assessment methodologies; Comments to EPA on Docket ID No. EPA-HQ-OA-2022-0859 opposing establishment of single national green bank and supporting credit union inclusion as indirect recipients of Greenhouse Gas Reduction Fund disbursements; Comments to NCUA on RIN: 3133-AF43 supporting the elimination of the maximum maturity requirement for subordinated debt; Comments to CDFI Fund on Docket No. 2022-24082 opposing changes to CDFI certification requirements; Comments to NCUA on Docket No. NCUA-2022-0132 opposing overly complex member expulsion process; Support delay of GSEs credit fee caps effective date; Comments to CFPB on Docket No. CFPB-2022-0059 supporting additional flexibility in the Qualified Mortgage rule; Comments to FTC on R111004 opposing data privacy rulemaking absent comprehensive federal legislation; Support elimination of in-person quorum requirement for credit union annual meetings; Comments to CISA on Docket ID: CISA-2022-0010 supporting simplification of cyber incident reporting requirements; Support inclusion of 501(c)(19) veterans organizations as qualified charit[ies] in NCUA regulations; Comments to Treasury Department on Document No. 2022-20279 supporting application of Bank Secrecy Act and anti-money laundering regulations to digital assets and supporting interagency coordination to ensure credit union inclusion in digital asset regulations; Comments to FHFA on Federal Home Loan Bank System review supporting capital requirements for System members and supporting alignment of tangible capital definitions among regulators; Comments to FHFA on Fintech in Housing Finance supporting interagency coordination and caution in integration of non-depository fintech lenders; Comments to NCUA on RIN 3064-ZA33 supporting flexibility in updated commercial real estate loan accommodations policy statement; Oppose increases to NCUAs 2023-2024 budget and support increased budget transparency; Oppose expansion of Regulation E liability;

Client expense: $910,000 · Firm income: Not reported

Government targets: Consumer Financial Protection Bureau (CFPB), Defense, Dept of (DOD), Environmental Protection Agency (EPA), Federal Communications Commission (FCC), Federal Housing Finance Agency (FHFA), Federal Reserve System, Federal Trade Commission (FTC), Financial Crimes Enforcement Network (FinCEN), Government Accountability Office (GAO), HOUSE OF REPRESENTATIVES, Housing & Urban Development, Dept of (HUD), Labor, Dept of (DOL), Natl Credit Union Administration (NCUA), SENATE, Securities & Exchange Commission (SEC), Small Business Administration (SBA), Treasury, Dept of, Veterans Affairs, Dept of (VA), White House Office

Protect the credit union tax exemption; Support legislation and regulation that helps credit unions grow membership, loans, and retained earnings in order to serve their 127 million members; Support regulatory relief for credit unions; Provide guidance or rulemakings rather than rule through enforcement; Support increase in funding for CDFI Fund, MDIs, and the CDRLF; Fair Market: This includes ensuring all lenders are following the same rules of the road and protecting consumers, including making fintechs, predatory payday lenders, and other non-regulated entities subject to proper oversight; Technology and Innovation: As new technologies emerge and disrupt finance, the NCUA needs to foster strong fintech partnerships to help credit unions and support credit unions ability to provide custodial services for digital assets and utilize blockchain technologies; Regulatory Relief: Remove the CFPBs examination and enforcement powers over credit unions, retain the NCUA Boards bipartisan three-member structure, and oppose efforts to place new restrictions on lending and credit reporting that will inhibit credit unions from helping their members; Data Protection: Encouraging federal standards for data privacy and data security that recognize existing regulatory requirements for credit unions, such as a federal standard of privacy rules that aligns with our principles outlined in our white paper; Support extending GLBA like data security measures to retailers; Support recognizing GLBA compliance in any privacy legislation; Oppose SBA direct lending authority; Support improvements to ease the process for forgiveness of PPP loans to small businesses; Oppose limits on fee income for credit unions including courtesy pay; Support CFPB study of overdraft programs to determine the value to consumers; Support limiting burdens of HMDA rule on credit unions; CFPB should remove unnecessary and unused data points related to HMDA reporting; Support permanently increasing reporting thresholds for open- and closed-end loans; Prevent competitive disadvantages for credit unions and market distortions related to the integration of digital assets into traditional financial products; CFPB should make greater use of Section 1022 of the Dodd-Frank Act to exempt credit unions from rules where appropriate; CFPB should engage in interagency coordination on Section 1033 consumer access to financial records rulemaking; Oppose CFPBs characterization of regulated and disclosed financial services fees as junk fees; CFPB should explore streamlining required fee disclosures; CFPB should clarify UDAAP authority; CFPB should respect GLBAs data security regulatory structure; CFPB should limit impact and burden from proposed rule related to Section 1071 Small Business Lending Data Collection (RIN: 3170-AA09); Improve examination coordination between CFPB and NCUA; Support permanent adoption of CFPBs expired temporary relief of E-SIGN regulation; Support CFPB exercise of larger participant authority to oversee fintech companies; Support fair distribution of Regulation E error resolution responsibilities; Support clear regulatory framework for digital assets to encourage responsible innovation and permit credit union participation; Support CDFI Fund transparency on certification changes; Support streamlining and modernization of CDFI Fund certification process; Support Congressional oversight of SBAs Affiliation and Small Business Lending Company proposed rules; Support tax deduction for mortgage insurance premiums; Support modification or removal of the credit union member business lending cap; FHFA should allow GSEs to purchase non-conforming loans from CDFIs; Support alternative credit scoring models; Oppose development of a CBDC; Support prevention of an NFIP lapse; Support improving veterans access to capital by exempting credit unions business loans to veterans from the credit union member business lending cap; Support expanding the definition of Community Financial Institutions (CFIs) in the Federal Home Loan Bank Act (FHLB Act) to include credit unions and Treasury-certified non-depository community development financial institutions; Oppose any interchange/swipe fee legislation including related to routing or any form of market manipulation; Support parity for credit unions related to stablecoin regulation; Treasury should address the demand for coins to help consumers who rely on cash transactions; Support addressing appraisal bias and modernize the appraisal process for consistency; Support for forced arbitration - studies show consumers benefit more often from arbitration than litigation; Support easing requirements for de novo credit unions; Support providing flexibility for credit unions to issue subordinated debt; Support H.R. 5189, the Member Business Loan Expansion Act; Support the Federal Home Loan Banks' Mission Implementation Act (H.R. 3323, S.1684); Support H.R. 4773, the Consumer Financial Protection Commission Act; Oppose legislation granting NCUA third-party vendor examination authority (H.R. 7022, S. 4698); Oppose Credit Card Competition Act (H.R. 8874, S. 4674); Support SAFE Banking Act (H.R. 1996, S. 910); Support Central Liquidity Facility Enhancement Act (H.R. 3958, S. 5183); Support Credit Union Board Modernization Act (H.R. 6889, S. 4325); Support Expanding Financial Access for Underserved Communities Act (H.R. 7003, S. 4879); Support CDFI Bond Guarantee Program Improvement Act (H.R. 7733, S. 3441); Support Title III, Subtitle C of H.R. 2543 - Promoting and Advancing Communities of Color Through Inclusive Lending; Support S. 3590, the Middle Class Mortgage Insurance Premium Act; Oppose inclusion of the Credit Card Competition Act (H.R. 8874, S. 4674) or NCUA third-party vendor examination authority (H.R. 7022, S. 4698) in the FY 2023 NDAA; Support H.R. 5912, the Close the ILC Loophole Act; Support S. 762, the Expanding Access to Lending Options Act; Oppose Senate NDAA amendments 6201 and 6174 on credit card interchange; Support S. 4165, the CDFI Crisis Fund Act; Oppose H.R. 4277, the Overdraft Protection Act; Oppose FDCPA changes that improperly burden creditors in H.R. 6814, the Small Business Fair Debt Collection Protection Act; Oppose inclusion of bank lease provision in FY 2023 NDAA; Oppose H.R. 8152, the American Data Privacy and Protection Act; Support H.R. 5911, the Fair Hiring in Banking Act; Support H.R. 4590, the Promoting New and Diverse Depository Institutions Act; Oppose H.R. 8485, the Expanding Access to Credit through Consumer-Permissioned Data Act; Support the Small LENDER Act (H.R. 6732, S. 4004); Support H.R. 7628, the Improve the SBA Act; Support the SECURE Notarization Act (H.R. 3962, S. 1625); Support the TAILOR Act (H.R. 766, S. 3745); Support the Transparency in Consumer Financial Protection Bureau (CFPB) Cost-Benefit Analysis Act (H.R. 7412, S.4522); Support H.R. 1471, the Access to Credit for Small Businesses Impacted by the COVID-19 Crisis Act; Oppose H.R. 963, the Forced Arbitration Injustice Repeal (FAIR) Act; Support S. 5189, the Close the Shadow Banking Loophole Act; Support for Advancing Technologies to Support Inclusion Act discussion draft; Support for Creation of Diverse and Mission-Driven Community Financial Institutions Act discussion draft; Comments to SBA on RIN 3245-AH87 expressing concern about interaction between Affiliation and Small Business Lending Company proposed rules; Request for extension of temporary NCUA relief on loan participation and eligible obligation regulations due to the COVID-19 pandemic; Request for clarification of CFPB authority and intention for auto loan data collection; Comments to Treasury Dept on Docket No. 2022-21524 requesting streamlined applications for federal community investment programs; Comments to CDFI Fund on Docket No. 2022-22767 requesting modification of proposed pre-approved Target Market assessment methodologies; Comments to EPA on Docket ID No. EPA-HQ-OA-2022-0859 opposing establishment of single national green bank and supporting credit union inclusion as indirect recipients of Greenhouse Gas Reduction Fund disbursements; Comments to NCUA on RIN: 3133-AF43 supporting the elimination of the maximum maturity requirement for subordinated debt; Comments to CDFI Fund on Docket No. 2022-24082 opposing changes to CDFI certification requirements; Comments to NCUA on Docket No. NCUA-2022-0132 opposing overly complex member expulsion process; Support delay of GSEs credit fee caps effective date; Comments to CFPB on Docket No. CFPB-2022-0059 supporting additional flexibility in the Qualified Mortgage rule; Comments to FTC on R111004 opposing data privacy rulemaking absent comprehensive federal legislation; Support elimination of in-person quorum requirement for credit union annual meetings; Comments to CISA on Docket ID: CISA-2022-0010 supporting simplification of cyber incident reporting requirements; Support inclusion of 501(c)(19) veterans organizations as qualified charit[ies] in NCUA regulations; Comments to Treasury Department on Document No. 2022-20279 supporting application of Bank Secrecy Act and anti-money laundering regulations to digital assets and supporting interagency coordination to ensure credit union inclusion in digital asset regulations; Comments to FHFA on Federal Home Loan Bank System review supporting capital requirements for System members and supporting alignment of tangible capital definitions among regulators; Comments to FHFA on Fintech in Housing Finance supporting interagency coordination and caution in integration of non-depository fintech lenders; Comments to NCUA on RIN 3064-ZA33 supporting flexibility in updated commercial real estate loan accommodations policy statement; Oppose increases to NCUAs 2023-2024 budget and support increased budget transparency; Oppose expansion of Regulation E liability;

Client expense: $910,000 · Firm income: Not reported

Government targets: Consumer Financial Protection Bureau (CFPB), Defense, Dept of (DOD), Environmental Protection Agency (EPA), Federal Communications Commission (FCC), Federal Housing Finance Agency (FHFA), Federal Reserve System, Federal Trade Commission (FTC), Financial Crimes Enforcement Network (FinCEN), Government Accountability Office (GAO), HOUSE OF REPRESENTATIVES, Housing & Urban Development, Dept of (HUD), Labor, Dept of (DOL), Natl Credit Union Administration (NCUA), SENATE, Securities & Exchange Commission (SEC), Small Business Administration (SBA), Treasury, Dept of, Veterans Affairs, Dept of (VA), White House Office

H.R. 5912, "Close the ILC Loophole Act," (corporate governance and industrial loan charters). S. 5189, Close the Shadow Banking Loophole Act (corporate governance and industrial loan charters)

Client expense: $1,720,000 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES, SENATE

Closing the "rent-a-bank" loophole to bypass state regulations on usury caps Increased supervision and enforcement of BNPL Eliminating excessive banking fees, including overdraft Review merger of TD Bank CFPB Examination of Nonbank mortgage, private loan, and payday loan entities Applicability of CFPB 1071 Rule to Farm Credit System Urge CFPB renewed consideration of a larger participant rule H.R.___ - Draft legislation to regulate stablecoins S.5189 - Close the Shadow Banking Loophole Act / H.R.5912 - Close the ILC Loophole Act, a bill to reform the regulation of industrial loan companies S. 5099 / H.R. 9307 - the Safe Lending Act, a bill to amend the Truth in Lending Act to address certain issues relating to the extension of consumer credit

Client expense: $80,000 · Firm income: Not reported

Government targets: Consumer Financial Protection Bureau (CFPB), Federal Deposit Insurance Corporation (FDIC), Federal Reserve System, HOUSE OF REPRESENTATIVES, Natl Credit Union Administration (NCUA), Office of the Comptroller of the Currency (OCC), SENATE, Treasury, Dept of

H.R. 5912 - Close the ILC Loophole Act; entire bill S. 5189 - Close the Shadow Banking Loophole Act; entire bill

Client expense: $260,000 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES, SENATE

H.R.5912 - Close the ILC Loophole Act - entire bill. S.5189 - Close the Shadow Banking Loophole Act - entire bill. H.R.2617 - Consolidated Appropriations Act, 2023 - issues related to banking.

Client expense: Not reported · Firm income: $160,000

Government targets: HOUSE OF REPRESENTATIVES, SENATE

Issues related to autonomous and electric vehicles - no specific legislation. H. R. 3684 - Infrastructure Investment and Jobs Act - issues related to electric vehicle charging stations. H.R. 5376 - Inflation Reduction Act (P.L. 117-169) - Issues related to electric vehicles. S.5189/H.R. 5192 - Close the Shadow Banking Loophole Act - entire bill.

Client expense: Not reported · Firm income: $40,000

Government targets: HOUSE OF REPRESENTATIVES, SENATE

Issues related to autonomous and electric vehicles - no specific legislation. H.R. 5376 - Inflation Reduction Act (P.L. 117-169) - Issues related to electric vehicles. S.5189/H.R. 5192 - Close the Shadow Banking Loophole Act - entire bill.

Client expense: Not reported · Firm income: $40,000

Government targets: HOUSE OF REPRESENTATIVES, SENATE

Delivered a coalition letter calling on the Board of Governors of the Federal Reserve System (the Fed) to require big banks to take climate change seriously. This included delivery of a coalition petition signed by 60,888 people calling for the climate principles, including about 9,100 PIRG members. We joined coalition partners outside the Fed for photos. We also signed a separate Center for American Progress coalition letter about the same topic. 26 Oct 22 Joined consumer letter urging all financial regulators (CFPB, FDIC, OCC, NCUA, FRB, FHA, FHFA) to take action to protect credit reports and scores of victims of recent Hurricanes Ian and Fiona, at a minimum to support the provisions of the CARES ACT (Pub. L. No. 116-136). 6 December 22 USPIRG joined group letter from broad coalition also including bank trade associations urging House and Senate leaders to close the industrial loan company (ILC) loophole, S.5189 - Close the Shadow Banking Loophole Act (Brown-OH) 6 December 22 Moderated panel at Consumer Federation of America Financial Services Conference featuring CFPB General Counsel Seth Frotman. At this conference and related events, had brief interactions with other CFPB officials. 7 December 22 Jointly with Center for Digital Democracy, filed supplemental comments on Big Tech Payment Platforms in docket CFPB-2021-0017. 19 Dec 22: Joined group comments to CFPB, Enhancing Public Data on Auto Lending Docket No. CFPB-2022-0075

Client expense: $10,000 · Firm income: Not reported

Government targets: Consumer Financial Protection Bureau (CFPB), Federal Deposit Insurance Corporation (FDIC), Federal Reserve System, HOUSE OF REPRESENTATIVES, Office of the Comptroller of the Currency (OCC), SENATE, Treasury, Dept of

H.R. 1996 SAFE Banking Act H.R. 2543 Federal Reserve Racial and Economic Equity Act, Credit Union Provisions & Community Bank Amendment H.R. 2561 Promoting Access to Capital in Underbanked Communities Act of 2021 H.R. 2617 Consolidated Appropriations Act, opposed amendments related to Credit Card Competition Act H.R. 4277 Overdraft Protection Act H.R. 4345 FY 2022 Financial Services and General Government Appropriation - Postal Banking Pilot Program H.R. 5886 Prohibit IRS Financial Surveillance Act H.R. 5912 Close ILC Loophole Act H.R. 6037 Prohibit SBA 7(a) Direct Lending H.R. 6054 Small Business Lending Disclosure Act H.R. 6732 Small LENDER Act H.R. 6814 Small Business Fair Debt Collection Practices Act H.R. 7003 Expanding Financial Access for Underserved Communities Act H.R. 7412 Transparency in CFPB Cost-Benefit Analysis Act H.R. 7768 Farm Credit Administration Independence Authority Act H.R. 7776 National Defense Authorization Act, master accounts and services database H.R. 7900 National Defense Authorization Act, opposed amendments related to Credit Card Competition Act H.R. 8152 American Data Privacy and Protection Act H.R. 8443 Making the CFPB Accountable Act H.R. 8833 The Making Communities Stronger Through the Community Reinvestment Act H.R. 8874 Credit Card Competition Act H.R. 8950 the Digital Commodities Consumer Protection Act of 2022 H.R. 9599 Consumer Information Notification Requirement Act S. 910 SAFE Banking Act S. 1684 Federal Home Loan Banks Mission Implementation Act S. 3056 Prohibit IRS Financial Surveillance Act S. 3715 E-Sign Modernization Act S. 3954 Ban CBDC S. 3970 Stablecoin Transparency Act S. 4004 Small LENDER Act S. 4356 Lummis-Gillibrand Responsible Financial Innovation Act S. 4522 Transparency in CFPB Cost-Benefit Analysis Act S. 4674 Credit Card Competition Act S. 4698 Improving Cybersecurity of Credit Unions Act S. 4831 No CBDC Act S. 5189 Close the Shadow Banking Loophole Act S. 5340 Stablecoin TRUST Act of 2022 S. 5341 A bill to amend the Federal Reserve Act to provide greater accountability to the Federal Reserve System Bank Merger Policy BankOn accounts Banking Services Fees Cannabis Banking CDFI Certification Central Bank Digital Currency Climate Risk Disclosure Requirements Climate-Related Financial Regulation Community Bank Access to Capital Community Banks on Military Bases Community Development Financial Institutions (CDFI) Fund Appropriations Community Reinvestment Act Consolidated Appropriations Act, supported inclusion of the SAFE Banking Act; opposed inclusion of Credit Card Competition Act Credit Reporting Credit Union Acquisitions of Community Banks Credit Union Business Lending Powers Credit Union Cybersecurity Requirements Credit Union Field of Membership Rules Credit Union Growth/Powers/Abusive Behavior Credit Union Supplemental Capital Cryptocurrency Customer Data Access, Implementation of Dodd Frank Act Section 1033 Cybersecurity Data Privacy Discussion Draft Data Security, Breaches and Privacy De Novo Bank Formation Dodd Frank Act 1071- Small Business Loan Data Collection Digital Assets Regulation Durbin Amendment on Interchange; Extension to Credit Cards FDIC Deposit Insurance Assessments FDIC Premium Increases FDIC Supervisory Appeals Review Committee and Policy FHFA Capital Rules Financial Data Privacy Discussion Draft Fintech Regulatory Requirements Fintech/Banking Relationships Flood Insurance Reauthorization Industrial Loan Corporation Loophole Reforms/ Rakuten (ILC) et al, Deposit Insurance Applications Interchange Minority Depository Institutions Issues National Defense Authorization Act, Report Language on Financial Institution leases on military bases National Defense Authorization Act, Supported Inclusion of the SAFE Banking Act; Opposed Inclusion of Credit Card Competition Act as an Amendment Overdraft Fees Overdraft Protection P2P Payment Applications Fraud Postal Banking SAFE Banking Act, support for inclusion in America COMPETES Act Conference SBA 7(a) Loan Program Funding and Terms SBA Direct 7(a) Direct Lending Secure Notarization Small Business Loan Data Collection--CFPB Implementation of Dodd-Frank Act Section 1071 Stablecoins Stablecoin Innovation and Protection Act of 2022 (draft) Stablecoin Legislation - Waters-McHenry Discussion Draft Stablecoin TRUST Act (draft)

Client expense: $1,303,790 · Firm income: Not reported

Government targets: Consumer Financial Protection Bureau (CFPB), Federal Deposit Insurance Corporation (FDIC), Federal Reserve System, HOUSE OF REPRESENTATIVES, Office of the Comptroller of the Currency (OCC), SENATE, Treasury, Dept of

General issues related to banking. H.R.2617 - Consolidated Appropriations Act, 2023. H.R.5912 - Close the ILC Loophole Act - entire bill. S.5189 - Close the Shadow Banking Loophole Act - entire bill.

Client expense: $230,000 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES, SENATE

CBAI 2022 Federal Policy Priorities - Community Bank Response to the COVID-19 Pandemic COVID-19 has focused community bank efforts on helping their individual and small business customers and their communities weather the virus crisis and assist in the recovery effort. Community banks stepped-up during the crisis despite the many challenges and frustrations they encountered. They should be commended for what they are doing, treated fairly and equally, encouraged to do more, and not penalized for successfully performing their essential function. Independent Community Bankers of Americas Legislative and Regulatory Agenda for the Second Session of the 117th Congress CBAI joins the Independent Community Bankers of America (ICBA) in supporting a more efficient system of regulation, unbiased laws governing the financial sector, a safer and more secure business environment, and more efficient agricultural policies to support the nations economic growth and development in every corner of the country. Additional Meaningful Regulatory Relief for Community Banks Community bankers seek additional regulatory relief including on several fronts (i.e., BSA reform, CTRs, SARs, and the CBLR) to permit them to better serve their customers and communities while proudly fulfilling their reasonable responsibility to identify and report illicit actors. Community Bank Position on Credit Unions and Their Expanded Powers Credit unions have long-since strayed from their founding purpose of serving individuals of modest means and with a common bond. They blatantly abuse their competitive advantages and are virtually indistinguishable from tax-paying community banks. Credit union acquisitions of community banks is a recent and disturbing trend that negatively impacts all taxpayers. An exit fee should be imposed on these acquisitions. This escalation of credit unions abusing of their tax-exemption should prompt Congress to act now. This abuse is an existential threat to community banks and the communities they serve. Community Bank Position on the Farm Credit System and its Expanded Powers The Farm Credit System (FCS) has long-since strayed from its founding purposes, blatantly abusing its competitive advantages against community banks. The FCS is the only GSE that competes directly with community banks. This blatant and continuing discrimination against community banks must end and FCS competitive advantages must be reined-in, and the playing field leveled for community banks. Closing the Industrial Loan Company (ILC) Regulatory Loophole ILCs represent the unacceptable mixing of banking and commerce. They pose risks to the financial system, our economy and American taxpayers. ILCs are the functional equivalent of banks and should be properly regulated. The loophole permits their holding companies from being supervised and regulated by the Federal Reserve - and must be closed. Federal Reserves Role in Payments System Improvement (FedNow Service) A fast and secure payments system is the very foundation of financial services and economy and must be modernized. The payments system must not be monopolized by The Clearing House and its 25 large bank owners that endangered our financial system and the entire economy during the financial crisis. Community banks, small businesses and consumers must rely on the Federal Reserve to provide access to a safe and secure payments system. The Federal Reserve must be supported in its development of the FedNow Service to ensure that all participants have access to a real-time system on a fair and impartial basis. Modernizing the Community Reinvestment Act (CRA) The modernization of the CRA must enhance the ability of community banks to serve their communities and must not impose any additional regulatory burden. All financial service providers must be subject to the CRA to provide a complete picture of every financial institutions performance in serving their communities. A modernization of the CRA that does not encompass credit unions, Farm Credit System lenders and Fintechs (including the OCCs Special Purpose National Banks) will be a sham. All the banking regulators must cooperate on a joint final rule to modernize the CRA. Safe Harbor for Banking Cannabis-Related Businesses Without taking a position on the legalization of cannabis, a safe harbor from federal sanctions for financial institutions that choose to serve legally compliant cannabis-related business in states where cannabis is legal is a matter of public safety and should be permitted. De Novo Community Bank Formation, the Dual Banking System and Charter Choice Newly chartered (de novo) community banks are vitally important to maintaining a strong, growing, evolving and vibrant profession in the face of banking industry consolidation. Many new banks must be chartered each year to help maintain the vitality of the community banking profession. The dual banking system, where chartering and supervision is divided between the federal government and the states is important and must be maintained. Community banks should be able to choose the banking charter that best fits their unique business model. A banking system with multi-agency (state and federal) regulators and charter choice provides the necessary checks and balances as well as improved rulemaking on complex issues. Sound Principles for GSE Reform The seemingly endless and ongoing period of government ownership and control of Fannie and Freddie must come to an end. GSE reform remains critically important to the future of the housing market and the U.S. economy. Community banks depend on the GSE for direct access to the secondary market. The GSEs must provide a steady and reliable source of funding for home mortgage lending for lenders of all sizes and through all economic cycles. This is particularly critical to maintaining liquidity when the markets are experiencing financial stress. Federal Home Loan Banks Most community banks are members and shareholders of their regional Federal Home Loan Bank (FHLB). The FHLBs provide short-term liquidity, long-term funding, mortgage-related products, and other financial services in order to help their members provide affordable credit to the local communities they serve. The regional structure, special functions, and unique purpose of the FHLBs must be recognized and maintained by the Federal Housing Finance Agency (FHFA). As the Administration and Congress consider reforming the housing finance system, care must be taken not to harm the FHLBs. They must remain healthy, stable, and reliable sources of funding for their members. Agriculture and Rural America A vibrant rural economy is vital to Americas prosperity. The multi-year Farm Bill provided a strong safety net for farmers and ranchers including adequate price-protection programs and enhanced USDA-guaranteed farm and business loan programs. These programs must be protected from cuts or any adverse changes that would discourage farmer and rancher participation or undermine private-sector delivery. Enhanced Data, Cyber and Payment Card Security (Data Security) Enhanced security standards should be enforced through a tiered system where the more restrictive rules and are imposed on the largest and most critical members of the financial system and economy where their lapses pose the greatest threat to the largest number of consumers. Core data security principals in standards enacted by legislation and regulations must include the complete cost of data breaches being borne by that party that caused the breach; all participants should be subject to verifiable Gramm-Leach-Bliley Act-like data security standards; and any new data security standard proposals should ensure that community banks are not overburdened with redundant standards. Consumer Financial Protection Bureau Reform and Meaningful Exemptions for Community Banks Regulations promulgated by the CFPB must provide community banks with the flexibility to meet the needs of its customers and they must not be burdened with additional and unnecessary regulatory requirements that would prevent them from serving their customers and communities. A one-size-fits-all approach to CFPB regulations harms the successful community bank business model. In reforming the CFPB, the single Director governance should be replaced by a five-member board or commission; a broader definition of firms that grant credit should be subject to the CFPB rules, these firm should be robustly supervised and examined; and the focus of any enhanced regulation of financial products should be on the mega banks and financial firms, the unregulated shadow financial industry and emerging Fintech companies. The CFPB has the statutory authority under the Dodd-Frank Act to exempt any class of providers [community banks] or any products or services from the rules it writes, but to-date the Bureau has been far too reticent to do so. The effective use of this authority will ensure community banks continue to be a healthy alternative to large banks and non-banks for consumers seeking to use responsible financial service providers. Community Bank Positions on New and Emerging Issues - Leadership for Bank Regulatory Agencies (Administration, Congress, and the Agencies) Recent nominees have held extreme views on the banking system and financial services and their nominations have increasingly caused unproductive political wrangling. Nominees should be qualified, hold reasonable positions, be willing to work collegially and cooperatively with colleagues and counterparts, serve the best interests of the banking and financial system and economy, and clearly understand the vital importance of and support community banks. Fintechs and Innovation in Financial Services (Congress and the Agencies) Financial innovation presents community banks with challenges and opportunities which they are rising to meet. Policymakers should reasonably assist community banks to prepare for this new and evolving era, not pose any unreasonable requirements, and not give fintechs any competitive advantages over community banks by subjecting them to lesser regulatory requirements. Special Purpose National Banks (SPNBs) (OCC) SPNBs, raise many concerns. They cannot have the advantages of a bank charter with limited requirements, regulations, and liability. Digital Assets - Crypto Currency, Central Bank Digital Currency (CBDC), and Stablecoins (Congress and the Agencies) The risks posed by digital assets are enormous, as well as the consequences for monetary policy, our financial system, and the banking industry (i.e. disintermediation.). They also pose threats to the privacy and security of consumers and small business. Of great concern is that there is no single regulator responsible for this rapidly growing sector which combines elements of currency, payments, and investments, and there is insufficient transparency and lack of accountability in this ecosystem. Policymakers must cooperate and collaborate in the development and implementation of a comprehensive approach to ensure a consistent Federal regulatory framework that does not permit digital assets to threaten the essential and highly successful business model of regulated and responsible community banks. IRS Reporting Plan (Administration, Congress, and Treasury) The various proposed IRS reporting requirements are unprecedented, misguided, raises serious concerns about government overreach, and is an invasion of their financial privacy. If implemented, they will damage the trusted and beneficial relationship between community banks and their customers. If the IRS wants to ensure greater compliance with tax laws, it can be accomplished by more appropriately using the existing tools and the wealth of information it currently possesses. SBA Direct Lending (Congress) Community banks and the SBA have a long, beneficial, and cooperative private sector/public sector relationship, where SBA does not compete with banks in lending to small businesses. Direct SBA lending would violate this tradition. Community banks are far superior in establishing and prudently underwriting commercial lending relationships. The SBA originating and disbursing 7(a) loans will put billions of taxpayer dollars at risk of loss. Financial Inclusion (Congress and the Agencies) CBAI supports government initiatives that educate consumers and encourage financial inclusion, but it is not the proper role of government to provide banking services direct to individuals either through the Federal Reserve, state-owned public banks, or the U.S. Postal Service. Providing banking services to individuals and businesses is the proper role of the private-sector banking system. Government can assist the private sector in financial inclusion efforts especially to low- and middle-income consumers, which are those most likely to be un- or underbanked. Postal Banking - Congress Postal banking is misguided and any entry of the USPS (Postal Service) into banking services is a significant government-sponsored, competitive threat to the viability of tax-paying community banks. Public Banking (Congress) Public banking (i.e., publicly owned banks) is misguided and is a significant government-sponsored, competitive threat to the viability of tax-paying community banks. Current Expected Credit Loss Model (CECL) (FASB and the Agencies) Community bankers and Congress must continue to be vigilant to assure the CECL Model implementation provides a clear, practical, and easy-to-use methodologies for calculating expected losses which can be seamlessly incorporated into existing processes for community banks. Customer Data Sharing (CFPB) Community banks are financially sound and take great care in protecting consumer privacy. Non-bank entities must be held responsible for ensuring the safety of the customer information they are accessing and to be able to satisfy the liability for any financial harm which they cause community banks and their consumers. Small Business Data Collection (CFPB) Small business lending data clearly suggests fair lending is not a problem at community banks as they treat their customers honestly and fairly. The regulatory burden of these collection and reporting requirements falls disproportionately hard on community banks, and community banks should be provided with meaningful exemptions in this rulemaking. Nonsufficient Funds (Overdraft) Policies and Practices (OCC and the CFPB) CBAI does not support overdraft policies and practices that abuse consumers. Policymakers must accept that it is the consumers responsibility to always know their account balance and not write checks or initiate debit transactions that would overdraw their account. The cost for processing overdrafts may include including returning the item or paying the overdraft which creates the equivalent of an unauthorized, unsecured, and interest-free loan. Effectively managing risks associated with overdrafts is a safety and soundness regulatory requirement. Reporting Beneficial Ownership Information (FinCEN) Provisions in the NDAA in the 116th Congress shifted the burden of collecting and reporting beneficial ownership to FinCEN. This transfer must be accomplished expeditiously. Financial Transaction Tax (Congress) Tax laws should encourage and promote robust economic activity and a thriving community banking sector, not impose new bank-specific fees, punitive new levies, transaction taxes, limitations on the deductibility of expenses, revenue offsets or pay-fors that target the banking industry. Rather, there should be parity among all financial service providers; there should be tax incentives for community banks serving low- and moderate-income individuals, small businesses, and small farms; and there should be a tax credit equivalent to the cost of community bank compliance with BSA compliance. Climate Risks (Administration, Congress, and the Agencies) CBAI opposes any climate change regulations that will adversely impact community banks and their ability to support their customers and communities including setting hard lending concentration limits on lending to fossil fuel or other carbon-intensive industries, stress testing or scenario analysis based on adverse climate change assumptions, and capital requirements based on climate risks. Community bankers high-contact and relationship-based lending model together with the soon-to-be-implemented Current Expected Credit Loss model, will incorporating material risk assumptions in estimating loan losses - including climate risks. Additional separate climate risk stress testing, concentration limits, and capital requirements for community banks are duplicative and unnecessary. Bank Merger Activity (Congress and the Agencies) New bank merger legislation or regulation should not apply to community banks. Rather, policymakers should seriously consider the impact on our financial system, economy, and American taxpayers by allowing the nations mega banks, which are too big and unable to fail, to become even larger and more interconnected. Finally Address the Risks of Too-Big-To-Fail Banks and Financial Firms to Protect Our Financial System, the Economy, and American Taxpayers from Future Bailouts The financial crisis, taxpayer bailouts, and subsequent recession was caused by the misconduct of the nations largest banks and financial firms. These megabanks have proven, at great cost to American taxpayers, that they cannot be effectively managed, supervised or disciplined. They are clearly too-big-to-change, too-big-to-fail and must be downsized. (House and Senate, Federal Reserve) Legislation and Regulation - H.R. 8874 - the Credit Card Competition Act of 2022 (all sections) which is legislation to overhaul the payments system (House) S. 910 - The SAFE Banking Act in the Senate (all sections) which permits the banking of cannabis related businesses in states where it is legal (Senate) H.R. 5912 - Close the ILC Loophole Act (all sections) which is legislation to reform the regulation of industrial loan companies (ILCs) and their parent companies to provide for consolidated federal supervision (House) S. 5189 - Close the Shadow Banking Loophole Act (all sections) which is legislation to reform the regulation of industrial loan companies (ILCs) and their parent companies to provide for consolidated federal supervision (Senate) Letters - Comment Letter to the FDIC regarding Proposed Policy Statement on Prudent Commercial Real Estate Loan Accommodations and Workouts - RIN 3064-ZA33 (FDIC) Comment Letter to the FHFA regarding FHLBank System at 100: Focusing on the Future - the comprehensive review of the FHLBs including their role and potential policy changes (FHFA, Federal Reserve, OCC, FDIC, House) Action Alerts - Action Alert titled Help Defend the FHLBs! which is regarding the FHFAs request for written comments regarding the future role and functions of the FHLBs (FHFA) Miscellaneous - FHFA Listening Session - FHLBank System at 100: Focusing on the Future regarding the comprehensive review of the FHLBs including their role and potential policy changes (FHFA, Federal Reserve, OCC, FDIC) FHFA regarding the Net Tangible Capital issue that would impact members ability to obtain new or renew existing FHLB advances (FHFA, Federal Reserve, OCC, FDIC, Senate) Federal Reserve regarding a variety of issues including - CBDC/Digital Assets, trade area within the modernization of the CRA, Fed supervised banks and requirements regarding crypto currency, fintech partnerships, fraudulent return items, CFPB and the Administrations rhetoric about bank so-called junk fees, and regulators advocacy for the banks they are responsible for regulating to ensure their safety and soundness (Federal Reserve) Letter to the Administration (President Biden) and the CFPB (Director Chopra) regarding their rhetoric about bank service charges and fees and their characterization of them as junk fees (Administration/President, CFPB, House) Letter regarding a members continuing to serve on House Financial Services Committee (House)

Client expense: $60,000 · Firm income: Not reported

Government targets: Consumer Financial Protection Bureau (CFPB), Federal Deposit Insurance Corporation (FDIC), Federal Housing Finance Agency (FHFA), Federal Reserve System, HOUSE OF REPRESENTATIVES, Office of the Comptroller of the Currency (OCC), President of the U.S., SENATE

CBAI 2022 Federal Policy Priorities - Community Bank Response to the COVID-19 Pandemic COVID-19 has focused community bank efforts on helping their individual and small business customers and their communities weather the virus crisis and assist in the recovery effort. Community banks stepped-up during the crisis despite the many challenges and frustrations they encountered. They should be commended for what they are doing, treated fairly and equally, encouraged to do more, and not penalized for successfully performing their essential function. Independent Community Bankers of Americas Legislative and Regulatory Agenda for the Second Session of the 117th Congress CBAI joins the Independent Community Bankers of America (ICBA) in supporting a more efficient system of regulation, unbiased laws governing the financial sector, a safer and more secure business environment, and more efficient agricultural policies to support the nations economic growth and development in every corner of the country. Additional Meaningful Regulatory Relief for Community Banks Community bankers seek additional regulatory relief including on several fronts (i.e., BSA reform, CTRs, SARs, and the CBLR) to permit them to better serve their customers and communities while proudly fulfilling their reasonable responsibility to identify and report illicit actors. Community Bank Position on Credit Unions and Their Expanded Powers Credit unions have long-since strayed from their founding purpose of serving individuals of modest means and with a common bond. They blatantly abuse their competitive advantages and are virtually indistinguishable from tax-paying community banks. Credit union acquisitions of community banks is a recent and disturbing trend that negatively impacts all taxpayers. An exit fee should be imposed on these acquisitions. This escalation of credit unions abusing of their tax-exemption should prompt Congress to act now. This abuse is an existential threat to community banks and the communities they serve. Community Bank Position on the Farm Credit System and its Expanded Powers The Farm Credit System (FCS) has long-since strayed from its founding purposes, blatantly abusing its competitive advantages against community banks. The FCS is the only GSE that competes directly with community banks. This blatant and continuing discrimination against community banks must end and FCS competitive advantages must be reined-in, and the playing field leveled for community banks. Closing the Industrial Loan Company (ILC) Regulatory Loophole ILCs represent the unacceptable mixing of banking and commerce. They pose risks to the financial system, our economy and American taxpayers. ILCs are the functional equivalent of banks and should be properly regulated. The loophole permits their holding companies from being supervised and regulated by the Federal Reserve - and must be closed. Federal Reserves Role in Payments System Improvement (FedNow Service) A fast and secure payments system is the very foundation of financial services and economy and must be modernized. The payments system must not be monopolized by The Clearing House and its 25 large bank owners that endangered our financial system and the entire economy during the financial crisis. Community banks, small businesses and consumers must rely on the Federal Reserve to provide access to a safe and secure payments system. The Federal Reserve must be supported in its development of the FedNow Service to ensure that all participants have access to a real-time system on a fair and impartial basis. Modernizing the Community Reinvestment Act (CRA) The modernization of the CRA must enhance the ability of community banks to serve their communities and must not impose any additional regulatory burden. All financial service providers must be subject to the CRA to provide a complete picture of every financial institutions performance in serving their communities. A modernization of the CRA that does not encompass credit unions, Farm Credit System lenders and Fintechs (including the OCCs Special Purpose National Banks) will be a sham. All the banking regulators must cooperate on a joint final rule to modernize the CRA. Safe Harbor for Banking Cannabis-Related Businesses Without taking a position on the legalization of cannabis, a safe harbor from federal sanctions for financial institutions that choose to serve legally compliant cannabis-related business in states where cannabis is legal is a matter of public safety and should be permitted. De Novo Community Bank Formation, the Dual Banking System and Charter Choice Newly chartered (de novo) community banks are vitally important to maintaining a strong, growing, evolving and vibrant profession in the face of banking industry consolidation. Many new banks must be chartered each year to help maintain the vitality of the community banking profession. The dual banking system, where chartering and supervision is divided between the federal government and the states is important and must be maintained. Community banks should be able to choose the banking charter that best fits their unique business model. A banking system with multi-agency (state and federal) regulators and charter choice provides the necessary checks and balances as well as improved rulemaking on complex issues. Sound Principles for GSE Reform The seemingly endless and ongoing period of government ownership and control of Fannie and Freddie must come to an end. GSE reform remains critically important to the future of the housing market and the U.S. economy. Community banks depend on the GSE for direct access to the secondary market. The GSEs must provide a steady and reliable source of funding for home mortgage lending for lenders of all sizes and through all economic cycles. This is particularly critical to maintaining liquidity when the markets are experiencing financial stress. Federal Home Loan Banks Most community banks are members and shareholders of their regional Federal Home Loan Bank (FHLB). The FHLBs provide short-term liquidity, long-term funding, mortgage-related products, and other financial services in order to help their members provide affordable credit to the local communities they serve. The regional structure, special functions, and unique purpose of the FHLBs must be recognized and maintained by the Federal Housing Finance Agency (FHFA). As the Administration and Congress consider reforming the housing finance system, care must be taken not to harm the FHLBs. They must remain healthy, stable, and reliable sources of funding for their members. Agriculture and Rural America A vibrant rural economy is vital to Americas prosperity. The multi-year Farm Bill provided a strong safety net for farmers and ranchers including adequate price-protection programs and enhanced USDA-guaranteed farm and business loan programs. These programs must be protected from cuts or any adverse changes that would discourage farmer and rancher participation or undermine private-sector delivery. Enhanced Data, Cyber and Payment Card Security (Data Security) Enhanced security standards should be enforced through a tiered system where the more restrictive rules and are imposed on the largest and most critical members of the financial system and economy where their lapses pose the greatest threat to the largest number of consumers. Core data security principals in standards enacted by legislation and regulations must include the complete cost of data breaches being borne by that party that caused the breach; all participants should be subject to verifiable Gramm-Leach-Bliley Act-like data security standards; and any new data security standard proposals should ensure that community banks are not overburdened with redundant standards. Consumer Financial Protection Bureau Reform and Meaningful Exemptions for Community Banks Regulations promulgated by the CFPB must provide community banks with the flexibility to meet the needs of its customers and they must not be burdened with additional and unnecessary regulatory requirements that would prevent them from serving their customers and communities. A one-size-fits-all approach to CFPB regulations harms the successful community bank business model. In reforming the CFPB, the single Director governance should be replaced by a five-member board or commission; a broader definition of firms that grant credit should be subject to the CFPB rules, these firm should be robustly supervised and examined; and the focus of any enhanced regulation of financial products should be on the mega banks and financial firms, the unregulated shadow financial industry and emerging Fintech companies. The CFPB has the statutory authority under the Dodd-Frank Act to exempt any class of providers [community banks] or any products or services from the rules it writes, but to-date the Bureau has been far too reticent to do so. The effective use of this authority will ensure community banks continue to be a healthy alternative to large banks and non-banks for consumers seeking to use responsible financial service providers. Community Bank Positions on New and Emerging Issues - Leadership for Bank Regulatory Agencies (Administration, Congress, and the Agencies) Recent nominees have held extreme views on the banking system and financial services and their nominations have increasingly caused unproductive political wrangling. Nominees should be qualified, hold reasonable positions, be willing to work collegially and cooperatively with colleagues and counterparts, serve the best interests of the banking and financial system and economy, and clearly understand the vital importance of and support community banks. Fintechs and Innovation in Financial Services (Congress and the Agencies) Financial innovation presents community banks with challenges and opportunities which they are rising to meet. Policymakers should reasonably assist community banks to prepare for this new and evolving era, not pose any unreasonable requirements, and not give fintechs any competitive advantages over community banks by subjecting them to lesser regulatory requirements. Special Purpose National Banks (SPNBs) (OCC) SPNBs, raise many concerns. They cannot have the advantages of a bank charter with limited requirements, regulations, and liability. Digital Assets - Crypto Currency, Central Bank Digital Currency (CBDC), and Stablecoins (Congress and the Agencies) The risks posed by digital assets are enormous, as well as the consequences for monetary policy, our financial system, and the banking industry (i.e. disintermediation.). They also pose threats to the privacy and security of consumers and small business. Of great concern is that there is no single regulator responsible for this rapidly growing sector which combines elements of currency, payments, and investments, and there is insufficient transparency and lack of accountability in this ecosystem. Policymakers must cooperate and collaborate in the development and implementation of a comprehensive approach to ensure a consistent Federal regulatory framework that does not permit digital assets to threaten the essential and highly successful business model of regulated and responsible community banks. IRS Reporting Plan (Administration, Congress, and Treasury) The various proposed IRS reporting requirements are unprecedented, misguided, raises serious concerns about government overreach, and is an invasion of their financial privacy. If implemented, they will damage the trusted and beneficial relationship between community banks and their customers. If the IRS wants to ensure greater compliance with tax laws, it can be accomplished by more appropriately using the existing tools and the wealth of information it currently possesses. SBA Direct Lending (Congress) Community banks and the SBA have a long, beneficial, and cooperative private sector/public sector relationship, where SBA does not compete with banks in lending to small businesses. Direct SBA lending would violate this tradition. Community banks are far superior in establishing and prudently underwriting commercial lending relationships. The SBA originating and disbursing 7(a) loans will put billions of taxpayer dollars at risk of loss. Financial Inclusion (Congress and the Agencies) CBAI supports government initiatives that educate consumers and encourage financial inclusion, but it is not the proper role of government to provide banking services direct to individuals either through the Federal Reserve, state-owned public banks, or the U.S. Postal Service. Providing banking services to individuals and businesses is the proper role of the private-sector banking system. Government can assist the private sector in financial inclusion efforts especially to low- and middle-income consumers, which are those most likely to be un- or underbanked. Postal Banking - Congress Postal banking is misguided and any entry of the USPS (Postal Service) into banking services is a significant government-sponsored, competitive threat to the viability of tax-paying community banks. Public Banking (Congress) Public banking (i.e., publicly owned banks) is misguided and is a significant government-sponsored, competitive threat to the viability of tax-paying community banks. Current Expected Credit Loss Model (CECL) (FASB and the Agencies) Community bankers and Congress must continue to be vigilant to assure the CECL Model implementation provides a clear, practical, and easy-to-use methodologies for calculating expected losses which can be seamlessly incorporated into existing processes for community banks. Customer Data Sharing (CFPB) Community banks are financially sound and take great care in protecting consumer privacy. Non-bank entities must be held responsible for ensuring the safety of the customer information they are accessing and to be able to satisfy the liability for any financial harm which they cause community banks and their consumers. Small Business Data Collection (CFPB) Small business lending data clearly suggests fair lending is not a problem at community banks as they treat their customers honestly and fairly. The regulatory burden of these collection and reporting requirements falls disproportionately hard on community banks, and community banks should be provided with meaningful exemptions in this rulemaking. Nonsufficient Funds (Overdraft) Policies and Practices (OCC and the CFPB) CBAI does not support overdraft policies and practices that abuse consumers. Policymakers must accept that it is the consumers responsibility to always know their account balance and not write checks or initiate debit transactions that would overdraw their account. The cost for processing overdrafts may include including returning the item or paying the overdraft which creates the equivalent of an unauthorized, unsecured, and interest-free loan. Effectively managing risks associated with overdrafts is a safety and soundness regulatory requirement. Reporting Beneficial Ownership Information (FinCEN) Provisions in the NDAA in the 116th Congress shifted the burden of collecting and reporting beneficial ownership to FinCEN. This transfer must be accomplished expeditiously. Financial Transaction Tax (Congress) Tax laws should encourage and promote robust economic activity and a thriving community banking sector, not impose new bank-specific fees, punitive new levies, transaction taxes, limitations on the deductibility of expenses, revenue offsets or pay-fors that target the banking industry. Rather, there should be parity among all financial service providers; there should be tax incentives for community banks serving low- and moderate-income individuals, small businesses, and small farms; and there should be a tax credit equivalent to the cost of community bank compliance with BSA compliance. Climate Risks (Administration, Congress, and the Agencies) CBAI opposes any climate change regulations that will adversely impact community banks and their ability to support their customers and communities including setting hard lending concentration limits on lending to fossil fuel or other carbon-intensive industries, stress testing or scenario analysis based on adverse climate change assumptions, and capital requirements based on climate risks. Community bankers high-contact and relationship-based lending model together with the soon-to-be-implemented Current Expected Credit Loss model, will incorporating material risk assumptions in estimating loan losses - including climate risks. Additional separate climate risk stress testing, concentration limits, and capital requirements for community banks are duplicative and unnecessary. Bank Merger Activity (Congress and the Agencies) New bank merger legislation or regulation should not apply to community banks. Rather, policymakers should seriously consider the impact on our financial system, economy, and American taxpayers by allowing the nations mega banks, which are too big and unable to fail, to become even larger and more interconnected. Finally Address the Risks of Too-Big-To-Fail Banks and Financial Firms to Protect Our Financial System, the Economy, and American Taxpayers from Future Bailouts The financial crisis, taxpayer bailouts, and subsequent recession was caused by the misconduct of the nations largest banks and financial firms. These megabanks have proven, at great cost to American taxpayers, that they cannot be effectively managed, supervised or disciplined. They are clearly too-big-to-change, too-big-to-fail and must be downsized. (House and Senate, Federal Reserve) Legislation and Regulation - H.R. 8874 - the Credit Card Competition Act of 2022 (all sections) which is legislation to overhaul the payments system (House) S. 910 - The SAFE Banking Act in the Senate (all sections) which permits the banking of cannabis related businesses in states where it is legal (Senate) H.R. 5912 - Close the ILC Loophole Act (all sections) which is legislation to reform the regulation of industrial loan companies (ILCs) and their parent companies to provide for consolidated federal supervision (House) S. 5189 - Close the Shadow Banking Loophole Act (all sections) which is legislation to reform the regulation of industrial loan companies (ILCs) and their parent companies to provide for consolidated federal supervision (Senate) Letters - Comment Letter to the FDIC regarding Proposed Policy Statement on Prudent Commercial Real Estate Loan Accommodations and Workouts - RIN 3064-ZA33 (FDIC) Comment Letter to the FHFA regarding FHLBank System at 100: Focusing on the Future - the comprehensive review of the FHLBs including their role and potential policy changes (FHFA, Federal Reserve, OCC, FDIC, House) Action Alerts - Action Alert titled Help Defend the FHLBs! which is regarding the FHFAs request for written comments regarding the future role and functions of the FHLBs (FHFA) Miscellaneous - FHFA Listening Session - FHLBank System at 100: Focusing on the Future regarding the comprehensive review of the FHLBs including their role and potential policy changes (FHFA, Federal Reserve, OCC, FDIC) FHFA regarding the Net Tangible Capital issue that would impact members ability to obtain new or renew existing FHLB advances (FHFA, Federal Reserve, OCC, FDIC, Senate) Federal Reserve regarding a variety of issues including - CBDC/Digital Assets, trade area within the modernization of the CRA, Fed supervised banks and requirements regarding crypto currency, fintech partnerships, fraudulent return items, CFPB and the Administrations rhetoric about bank so-called junk fees, and regulators advocacy for the banks they are responsible for regulating to ensure their safety and soundness (Federal Reserve) Letter to the Administration (President Biden) and the CFPB (Director Chopra) regarding their rhetoric about bank service charges and fees and their characterization of them as junk fees (Administration/President, CFPB, House) Letter regarding a members continuing to serve on House Financial Services Committee (House)

Client expense: $60,000 · Firm income: Not reported

Government targets: Consumer Financial Protection Bureau (CFPB), Federal Deposit Insurance Corporation (FDIC), Federal Housing Finance Agency (FHFA), Federal Reserve System, HOUSE OF REPRESENTATIVES, Office of the Comptroller of the Currency (OCC), President of the U.S., SENATE