Federal Register / Vol. 88, No. 200 / Wednesday, October 18, 2023 / Notices 71845 

1This document is for informational purposes 

only. It does not impose any legal requirements, nor 

does it restrict the agencies’ exercise of their 

authorities or confer rights of any kind, and it is not 

enforceable. 

2The CFPB enforces ECOA with respect to any 

person subject to ECOA’s coverage, with limited 

exclusions under the Consumer Financial 

Protection Act. 15 U.S.C. 1691c(a)(9). The DOJ 

enforces ECOA where there is evidence of a 

‘‘pattern or practice’’ of discrimination. 15 U.S.C. 

1691e(h). 

3The list of prohibited bases in 12 CFR 

1002.6(b)(9) does not include all characteristics 

protected under ECOA. The limited circumstances 

for considering certain other prohibited bases, such 

as age and marital status, are discussed elsewhere 

in 12 CFR 1002.6(b). 

4See Espinoza v. Farah Mfg. Co., 414 U.S. 86, 92, 

94 (1973) (noting that title VII, which prohibits 

employment discrimination, ‘‘prohibits 

discrimination on the basis of citizenship whenever 

it has the purpose or effect of discriminating on the 

basis of national origin’’). Courts have generally 

Continued 

Global Markets Advisory Committee, 

through the CFTC website at https://

comments.cftc.gov. Follow the 

instructions for submitting comments 

through the Comments Online process 

on the website. If you are unable to 

submit comments online, contact 

Brigitte Weyls, Designated Federal 

Officer, via the contact information 

listed below to discuss alternate means 

of submitting your comments. Any 

statements submitted in connection 

with the committee meeting will be 

made available to the public, including 

publication on the CFTC website, 

https://www.cftc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Brigitte Weyls, GMAC Designated 

Federal Officer, Commodity Futures 

Trading Commission, 77 West Jackson 

Blvd., Suite 800, Chicago, IL 60604, 

(312) 596–0700; or Philip Raimondi, 

GMAC Alternate Designated Federal 

Officer, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW, Washington, DC, 

(202) 418–5000. 

SUPPLEMENTARY INFORMATION: The 

meeting will be open to the public with 

seating on a first-come, first-served 

basis. Members of the public may also 

listen to the meeting by telephone by 

calling a domestic or international toll 

or toll-free number to connect to a live, 

listen-only audio feed. Call-in 

participants should be prepared to 

provide their first name, last name, and 

affiliation. The meeting will also be 

open to the public via teleconference. 

Domestic Toll and Toll Free Numbers: 

833 435 1820 U.S. Toll Free 

833 568 8864 U.S. Toll Free 

+1 669 254 5252 U.S. (San Jose) 

+1 646 828 7666 U.S. (New York) 

+1 646 964 1167 U.S. (U.S. Spanish 

Line) 

+1 415 449 4000 U.S. (U.S. Spanish 

Line) 

+1 551 285 1373 U.S. 

+1 669 216 1590 US (San Jose) 

International Numbers are available 

here: https://cftc-gov.zoomgov.com/u/ 

acVfb58GDz and will also be posted on 

the CFTC’s website, https://

www.cftc.gov, on the page for the 

meeting, under Related Links. 

Call-In/Webinar ID: 161 832 1892. 

Passcode/Pin Code: 566144. 

Members of the public may also view 

a live webcast of the meeting via the 

www.cftc.gov website. The meeting 

agenda may change to accommodate 

other Committee priorities. For agenda 

updates, please visit https://

www.cftc.gov/About/ 

AdvisoryCommittees/GMAC. 

After the meeting, a transcript of the 

meeting will be published through a 

link on the CFTC’s website, https://

www.cftc.gov. Persons requiring special 

accommodations to attend the meeting 

because of a disability should notify the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

notice. 

Authority: 5 U.S.C. 1001 et seq. 

Dated: October 12, 2023. 

Christopher J. Kirkpatrick, 

Secretary of the Commission. 

[FR Doc. 2023–22944 Filed 10–17–23; 8:45 am] 

BILLING CODE 6351–01–P 

CONSUMER FINANCIAL PROTECTION 

BUREAU 

Joint Statement on Fair Lending and 

Credit Opportunities for Noncitizen 

Borrowers Under the Equal Credit 

Opportunity Act 

AGENCY: Consumer Financial Protection 

Bureau. 

ACTION: Notice of joint statement. 

SUMMARY: The Consumer Financial 

Protection Bureau (CFPB) and the 

Department of Justice (DOJ) have 

released a joint statement to assist 

creditors and borrowers in 

understanding the potential civil rights 

implications of a creditor’s 

consideration of an individual’s 

immigration status under the Equal 

Credit Opportunity Act (ECOA). 

DATES: This information is current as of 

October 12, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Sonia Lin, Office of Consumer 

Populations, sonia.lin@cfpb.gov. If you 

require this document in an alternative 

electronic format, please contact CFPB_

Accessibility@cfpb.gov. 

SUPPLEMENTARY INFORMATION: The 

Consumer Financial Protection Bureau 

(CFPB) and Department of Justice (DOJ) 

(collectively, the agencies) jointly issue 

this statement 1 to assist creditors and 

borrowers in understanding the 

potential civil rights implications of a 

creditor’s consideration of an 

individual’s immigration status under 

the Equal Credit Opportunity Act 

(ECOA). ECOA does not expressly 

prohibit consideration of immigration 

status, and, as explained further below, 

a creditor may consider an applicant’s 

immigration status when necessary to 

ascertain the creditor’s rights regarding 

repayment. However, creditors should 

be aware that unnecessary or overbroad 

reliance on immigration status in the 

credit decisioning process, including 

when that reliance is based on bias, may 

run afoul of ECOA’s antidiscrimination 

provisions, and could also violate other 

laws. 

I. ECOA and Regulation B 

The agencies are charged with 

enforcing the antidiscrimination 

provisions of ECOA, requirements that 

are essential for ensuring fair, 

competitive and nondiscriminatory 

lending markets.2 ECOA prohibits 

discrimination by a creditor in any 

aspect of a credit transaction, on the 

basis of race, color, religion, national 

origin, sex (including sexual orientation 

and gender identity), marital status, age, 

an applicant’s receipt of public 

assistance, or the good faith exercise of 

an applicant’s rights under the 

Consumer Credit Protection Act. 15 

U.S.C. 1691. Discouraging applications 

for credit on a prohibited basis is also 

prohibited. 

ECOA is implemented by regulations 

found at 12 CFR part 1002, commonly 

known as ‘‘Regulation B.’’ ECOA and 

Regulation B apply to all types of credit, 

including both personal credit and 

business credit. Among other things, 

Regulation B sets forth ‘‘[r]ules 

concerning evaluation of applications’’ 

for credit. 12 CFR 1002.6. Under 

Regulation B, creditors shall not 

consider race, color, religion, national 

origin, or sex in any aspect of a credit 

transaction. 12 CFR 1002.6(b)(9).3

Subject to that restriction, ‘‘a creditor 

may consider any information obtained, 

so long as the information is not used 

to discriminate against an applicant on 

a prohibited basis.’’ 12 CFR 1002.6(a). 

Thus, while ECOA and Regulation B 

do not expressly prohibit consideration 

of immigration status, they do prohibit 

creditors from using immigration status 

to discriminate on the basis of national 

origin, race, or any other protected 

characteristic.4 Regulation B notably 


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71846 Federal Register / Vol. 88, No. 200 / Wednesday, October 18, 2023 / Notices 

interpreted prohibitions under title VII and ECOA 

consistently. See, e.g., Garcia v. Johanns, 444 F.3d 

625, 632 (D.C. Cir. 2006); Mays v. Buckeye Rural 

Elec. Coop., Inc., 277 F.3d 873, 876 (6th Cir. 2002). 

5Neither the CFPB nor the DOJ has enforcement 

or regulatory authority with regards to section 1981, 

and therefore discussion of this statute is limited to 

discussing its interaction with ECOA and relevant 

court decisions. 

6See, e.g., Anderson v. Conboy, 156 F.3d 167, 173 

(2d Cir. 1998) (explaining that ‘‘use of ‘persons’ 

rather than ‘citizens’ was deliberate’’ as Congress 

changed a previous version of the statute that 

mentioned ‘‘all citizens’’ to ‘‘all persons’’ in order 

to ‘‘alleviate the plight of Chinese immigrants . . . 

burdened by state laws’’ in addition to African 

Americans); Duane v. GEICO, 37 F.3d 1036, 1043 

(4th Cir. 1994) (‘‘under the plain language of the 

provision, ‘all persons,’ blacks and aliens, receive 

the same protection against discrimination’’); 

Sagana v. Tenorio, 384 F.3d 731, 739 (9th Cir. 

2004), as amended (Oct. 18, 2004) (‘‘§ 1981 

prohibits alienage discrimination’’); but see 

Resendiz v. Exxon Mobil Corp., 72 F.4th 623, 627 

(4th Cir. 2023) (explaining that, although the 

Supreme Court has not said that Section 1981 

protects against alienage-based discrimination, ‘‘the 

Fourth Circuit has squarely done so’’ in Duane). 

7See, e.g., Perez v. Wells Fargo & Co., No. 17–CV– 

00454–MMC, 2017 WL 3314797, at *3 (N.D. Cal. 

Aug. 3, 2017) (denying motion to dismiss for 

Section 1981 claim and rejecting contention that 

ECOA superseded Section 1981, noting that, 

although ECOA was a more specific statute, ECOA 

did not conflict with the section 1981 claims 

because ‘‘[a] creditor can comply with § 1981 and 

the ECOA by not discriminating on the basis of any 

of the categories listed in the two statutes’’); Juarez 

v. Soc. Fin., Inc., No. 20–CV–03386–HSG, 2021 WL 

1375868, at *7 (N.D. Cal. Apr. 12, 2021) (same) (also 

explaining that Regulation B ‘‘does not empower a 

creditor to decline credit solely on the basis of 

immigration status’’); Garcia v. Harborstone Credit 

Union, No. C21–5148 BHS, 2021 WL 3491745, at *3 

(W.D. Wash. Aug. 9, 2021) (ECOA does not 

preclude Section 1981 claim for alienage 

discrimination); Maystrenko v. Wells Fargo, N.A., 

No. 21–CV–00133–JD, 2021 WL 5232221, at *4 

(N.D. Cal. Nov. 10, 2021) (same); Camacho v. 

Alliant Credit Union, No. 22–CV–01690–BLF, 2023 

WL 149999, at *3 (N.D. Cal. Jan. 10, 2023) (same). 

8See, e.g., Juarez, 2021 WL 1375868, at *7 (ECOA 

was ‘‘not intended to limit any of the broad 

protections afforded by § 1981[,]’’ but rather to 

‘‘expand protections against credit 

discrimination.’’) (citing Perez, 2017 WL 3314797, 

at *2–4); Maystrenko, at *4 (noting that ECOA 

prohibits discrimination in lending on the basis of 

race, color, religion, national origin, and other 

grounds, 15 U.S.C. 1691(a), and section 1981 

prohibits alienage discrimination). 

9Supreme Court precedent makes clear that 

‘‘when two statutes are capable of co-existence, it 

is the duty of the courts, absent a clearly expressed 

congressional intention to the contrary, to regard 

each as effective.’’ Morton v. Mancari, 417 U.S. 535, 

551 (1974); Radzanower v. Touche Ross & Co., 426 

U.S. 148, 155 (1976) (explaining that unless there 

is an ‘‘‘irreconcilable conflict’ in the sense that 

there is a positive repugnancy between [statutes]’’ 

both are regarded as effective). 

provides that a ‘‘creditor may consider 

[an] applicant’s immigration status or 

status as a permanent resident of the 

United States, and any additional 

information that may be necessary to 

ascertain the creditor’s rights and 

remedies regarding repayment.’’ 12 CFR 

1002.6(b)(7). Regulation B does not, 

however, provide a safe harbor for all 

consideration of immigration status. 

II. Issues Related to ECOA, Regulation 

B and Noncitizen Borrowers 

While Regulation B describes certain 

conditions under which creditors may 

consider immigration status, creditors 

should remain cognizant that ECOA and 

Regulation B expressly forbid 

discrimination on the basis of certain 

protected characteristics, including race 

and national origin. Immigration status 

may broadly overlap with or, in certain 

circumstances, serve as a proxy for these 

protected characteristics. Creditors 

should therefore be aware that if their 

consideration of immigration status is 

not ‘‘necessary to ascertain the creditor’s 

rights and remedies regarding 

repayment’’ and it results in 

discrimination on a prohibited basis, it 

violates ECOA and Regulation B. 

Accordingly, creditors must ensure 

that they do not run afoul of ECOA’s 

nondiscrimination provisions when 

considering immigration status. As a 

general matter, creditors should 

evaluate whether their reliance on 

immigration status, citizenship status, 

or ‘‘alienage’’ (i.e., an individual’s status 

as a non-citizen) is necessary or 

unnecessary to ascertain their rights or 

remedies regarding repayment. To the 

extent that a creditor is relying on 

immigration status for a reason other 

than determining its rights or remedies 

for repayment, and the creditor cannot 

show that such reliance is necessary to 

meet other binding legal obligations, 

such as restrictions on dealings with 

citizens of particular countries, 12 CFR 

part 1002, supp I. ¶ 2(z)–2, the creditor 

may risk engaging in unlawful 

discrimination, including on the basis of 

race or national origin, in violation of 

ECOA and Regulation B. 

For example, if a creditor has a 

blanket policy of refusing to consider 

applications from certain groups of 

noncitizens regardless of the credit 

qualifications of individual borrowers 

within that group, that policy may risk 

violating ECOA and Regulation B. This 

risk could arise because some 

individuals within those groups may 

have sufficient credit scores or other 

individual circumstances that may 

resolve concerns about the creditor’s 

rights and remedies regarding 

repayment. 

In addition, the overbroad 

consideration of certain criteria—such 

as how long a consumer has had a 

Social Security Number—may implicate 

or serve as a proxy for citizenship or 

immigration status, which in turn, may 

implicate a protected characteristic 

under ECOA like national origin or race. 

Such overbroad policies may harm 

applicants with these protected 

characteristics without being necessary 

to ascertain the creditor’s rights and 

remedies for repayment or to meet other 

binding legal obligations. 12 CFR 

1002.6(b)(7); 12 CFR part 1002, supp I. 

¶ 2(z)–2. Any claims that such policies 

are necessary to preserve the creditor’s 

rights and remedies regarding 

repayment or to meet other binding 

legal obligations should be supported by 

evidence and cannot be a pretext for 

discrimination. 

Similarly, if a creditor requires 

documentation, identification, or inperson applications only from certain 

groups of noncitizens, and this 

requirement is not necessary for 

assessing the creditor’s ability to obtain 

repayment or fulfilling the creditors’ 

legal obligations, that policy may violate 

ECOA and Regulation B by harming 

applicants on the basis of national 

origin or race. 

In addition to potential violations of 

ECOA and Regulation B, creditors 

should be mindful of their obligations 

under 42 U.S.C. 1981 (section 1981).5

Section 1981 provides, in relevant part, 

that ‘‘[a]ll persons within the 

jurisdiction of the United States shall 

have the same right in every State and 

Territory to make and enforce contracts 

. . . as is enjoyed by white citizens[,]’’ 

42 U.S.C. 1981(a), and has long been 

construed to prohibit discrimination 

based on alienage.6 To the extent that a 

creditor’s consideration of immigration 

status would violate Section 1981, 

courts have made clear that the limited 

consideration of immigration status that 

is permissible under ECOA and 

Regulation B does not conflict with 

Section 1981, creditors must therefore 

comply with both statutes.7 Indeed, far 

from conflicting, courts have observed 

that ECOA’s prohibition of national 

origin discrimination and Section 

1981’s prohibitions complement one 

another 8 and that discrimination that 

arises from overbroad restrictions on 

lending to noncitizens may violate 

either or both statutes.9

Conclusion 

ECOA and other laws protect 

consumers and help ensure fair lending 

and credit opportunities for qualified 

borrowers. Creditors should be mindful 

of those obligations as they relate to 

noncitizen borrowers and ensure that 


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Federal Register / Vol. 88, No. 200 / Wednesday, October 18, 2023 / Notices 71847 

credit decisions are based on nondiscriminatory criteria. 

Rohit Chopra, 

Director, Consumer Financial Protection 

Bureau. 

[FR Doc. 2023–22968 Filed 10–17–23; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF EDUCATION 

[Docket No.: ED–2023–SCC–0147] 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget for Review 

and Approval; Comment Request; 

Consolidated State Plan 

AGENCY: Office of Elementary and 

Secondary Education (OESE), 

Department of Education (ED). 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act (PRA) of 

1995, the Department is proposing an 

extension without change of a currently 

approved information collection request 

(ICR). 

DATES: Interested persons are invited to 

submit comments on or before 

November 17, 2023. 

ADDRESSES: Written comments and 

recommendations for proposed 

information collection requests should 

be submitted within 30 days of 

publication of this notice. Click on this 

link www.reginfo.gov/public/do/ 

PRAMain to access the site. Find this 

information collection request (ICR) by 

selecting ‘‘Department of Education’’ 

under ‘‘Currently Under Review,’’ then 

check the ‘‘Only Show ICR for Public 

Comment’’ checkbox. Reginfo.gov 

provides two links to view documents 

related to this information collection 

request. Information collection forms 

and instructions may be found by 

clicking on the ‘‘View Information 

Collection (IC) List’’ link. Supporting 

statements and other supporting 

documentation may be found by 

clicking on the ‘‘View Supporting 

Statement and Other Documents’’ link. 

FOR FURTHER INFORMATION CONTACT: For 

specific questions related to collection 

activities, please contact Melissa Siry, 

(202) 260–0926. 

SUPPLEMENTARY INFORMATION: The 

Department is especially interested in 

public comment addressing the 

following issues: (1) is this collection 

necessary to the proper functions of the 

Department; (2) will this information be 

processed and used in a timely manner; 

(3) is the estimate of burden accurate; 

(4) how might the Department enhance 

the quality, utility, and clarity of the 

information to be collected; and (5) how 

might the Department minimize the 

burden of this collection on the 

respondents, including through the use 

of information technology. Please note 

that written comments received in 

response to this notice will be 

considered public records. 

Title of Collection: Consolidated State 

Plan. 

OMB Control Number: 1810–0576. 

Type of Review: Extension without 

change of a currently approved ICR. 

Respondents/Affected Public: State, 

Local, and Tribal Governments. 

Total Estimated Number of Annual 

Responses: 52. 

Total Estimated Number of Annual 

Burden Hours: 108,155. 

Abstract: This collection, currently 

approved by OMB under control 

number 1810–0576, covers the 

consolidated State plan (previously 

known as the consolidated State 

application), as well as assessment peer 

review guidance. Section 8302 of the 

ESEA, as amended by the ESSA, permits 

each SEA, in consultation with the 

Governor, to apply for program funds 

through submission of a consolidated 

State plan (in lieu of individual program 

State plans). The purpose of 

consolidated State plans as defined in 

ESEA is to improve teaching and 

learning by encouraging greater crossprogram coordination, planning, and 

service delivery; to enhance program 

integration; and to provide greater 

flexibility and less burden for State 

educational agencies. This is a request 

for extension without change for this 

collection. 

Dated: October 12, 2023. 

Kun Mullan, 

PRA Coordinator, Strategic Collections and 

Clearance, Governance and Strategy Division, 

Office of Chief Data Officer, Office of 

Planning, Evaluation and Policy 

Development. 

[FR Doc. 2023–22939 Filed 10–17–23; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings # 1 

Take notice that the Commission 

received the following electric rate 

filings: 

Docket Numbers: ER23–2334–003. 

Applicants: Southwest Power Pool, 

Inc. 

Description: Tariff Amendment: 

2198R34 Kansas Power Pool NITSA 

NOA to be effective 9/1/2023. 

Filed Date: 10/12/23. 

Accession Number: 20231012–5008. 

Comment Date: 5 p.m. ET 11/2/23. 

Docket Numbers: ER23–2407–000. 

Applicants: Strauss Wind, LLC. 

Description: Second Supplement to 

July 14, 2023, Strauss Wind, LLC tariff 

filing. 

Filed Date: 10/2/23. 

Accession Number: 20231002–5387. 

Comment Date: 5 p.m. ET 10/19/23. 

Docket Numbers: ER23–2443–001. 

Applicants: Midcontinent 

Independent System Operator, Inc. 

Description: Tariff Amendment: 

2023–10–12_SA 4126 Deficiency 

Response METC-Wolverine-MPPA-Eagle 

GIA (J1389) to be effective 9/19/2023. 

Filed Date: 10/12/23. 

Accession Number: 20231012–5100. 

Comment Date: 5 p.m. ET 11/2/23. 

Docket Numbers: ER23–2749–000. 

Applicants: AEUG Union Solar, LLC. 

Description: Supplement to August 

31, 2023 AEUG Union Solar, LLC tariff 

filing. 

Filed Date: 10/10/23. 

Accession Number: 20231010–5398. 

Comment Date: 5 p.m. ET 10/31/23. 

Docket Numbers: ER24–76–000. 

Applicants: PJM Interconnection, 

L.L.C. 

Description: § 205(d) Rate Filing: 

Revised SA No. 1313 NITSA Among 

PJM and Central Virginia Electric 

Cooperative to be effective 12/1/2023. 

Filed Date: 10/12/23. 

Accession Number: 20231012–5000. 

Comment Date: 5 p.m. ET 11/2/23. 

Docket Numbers: ER24–77–000. 

Applicants: Midcontinent 

Independent System Operator, Inc. 

Description: § 205(d) Rate Filing: 

2023–10–12_SA 2523 ITC-Pheasant Run 

5th Rev GIA (J075 J466) to be effective 

10/6/2023. 

Filed Date: 10/12/23. 

Accession Number: 20231012–5055. 

Comment Date: 5 p.m. ET 11/2/23. 

Docket Numbers: ER24–79–000. 

Applicants: New York State Electric & 

Gas Corporation, New York 

Independent System Operator, Inc. 

Description: § 205(d) Rate Filing: New 

York State Electric & Gas Corporation 

submits tariff filing per 35.13(a)(2)(iii: 

NYISO–NYSEG Joint 205: Amended 

SGIA for Scipio Solar Project SA2527 

(CEII) to be effective 9/27/2023. 

Filed Date: 10/12/23. 

Accession Number: 20231012–5075. 

Comment Date: 5 p.m. ET 11/2/23. 

Docket Numbers: ER24–80–000. 

Applicants: Essential Power 

Newington, LLC. 


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