GUIDE Compliance Act

Bill: 115-hr-5534
Sponsor: full_name: Rep. Duffy, Sean P. [R-WI-7]
Introduced: 2018-04-17
Policy area: Finance and Financial Sector
Subjects: Administrative law and regulatory procedures

Civil actions and liability

Consumer Financial Protection Bureau

Consumer credit

Government information and archives
Latest action: action_date: 2018-12-21
text: Placed on the Union Calendar, Calendar No. 847.

Summaries:
action_date: 2018-04-17
action_desc: Introduced in House
text: <p><b>Give Useful Information to Define Effective Compliance Act or the GUIDE Compliance Act </b></p> <p>This bill amends the Consumer Financial Protection Act of 2010 to require certain procedures for guidance issued by the Consumer Financial Protection Bureau. </p>

tv_txt: I 115th CONGRESS 2d Session H. R. 5534 IN THE HOUSE OF REPRESENTATIVES April 17, 2018 Mr. Duffy (for himself and Mr. Perlmutter ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Consumer Financial Protection Act of 2010 to provide procedures for guidance issued by the Bureau of Consumer Financial Protection, and for other purposes.

1. Short title This Act may be cited as the Give Useful Information to Define Effective Compliance Act or the GUIDE Compliance Act . 2. Procedures for Bureau guidance Section 1022(b) of the Consumer Financial Protection Act of 2010 is amended by adding at the end the following: (5) Procedures for Bureau guidance (A) Guidance requirements The Director shall issue guidance that is necessary or appropriate to enable the Bureau to carry out Federal consumer financial law, including facilitating compliance with such law. (B) Guidance defined For purposes of this paragraph, the term guidance — (i) means any written interpretive or legislative rule, interim final rule, bulletin, statement of policy, letter, examination manual, frequently asked question, or other document issued by the Bureau regarding compliance with a Federal consumer financial law that is exempt from notice and comment rulemaking requirements under section 553(b) of title 5, United States Code; and (ii) does not include a complaint, consent order, judgment, or decision issued under subtitle E. (C) Rulemaking (i) Proposed rule The Bureau shall publish in the Federal Register and on its website within 1 year after the date of the enactment of this paragraph a proposed rule defining— (I) each type of guidance it shall provide; (II) the criteria the Bureau will use for selecting each type of guidance; (III) the process and timelines for requests for guidance; (IV) the time periods for the response of the Bureau to a request for each type of guidance; (V) a process for amending or revoking guidance issued under the rule, including a process for public notice and comment on any proposal to amend or revoke guidance, unless the Bureau determines public notice and comment is not required due to public exigency. (ii) Final rule The Bureau shall publish a final rule based on the proposed rule described in clause (i) within 18 months after the date of the enactment of this paragraph. (D) Reliance on Bureau guidance No person shall be held liable for any act done or omitted in good faith in conformity with any applicable guidance from the Bureau or any predecessor agency that was in effect at the time of such act or omission, even if such guidance is later revoked, amended, or rendered inconsistent by guidance or action by the Bureau or a determination by a court of competent jurisdiction. (E) Development of a penalty matrix Not later than 18 months after the date of the enactment of this subparagraph, the Bureau shall publish in the Federal Register and on its website a proposed rule establishing guidelines for determining the size of any civil monetary penalties issued by the Bureau based on the severity of the actionable conduct in violation of a Federal consumer financial law and the level of culpability. The regulations prescribed under this paragraph shall, to the fullest extent possible, align with any chart, matrix, rule, or guideline published by the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, or the Board of Governors of the Federal Reserve System. .

tv_txt: IB Union Calendar No. 847 115th CONGRESS 2d Session H. R. 5534 [Report No. 115–1095] IN THE HOUSE OF REPRESENTATIVES April 17, 2018 Mr. Duffy (for himself and Mr. Perlmutter ) introduced the following bill; which was referred to the Committee on Financial Services December 21, 2018 Additional sponsors: Mr. Ratcliffe , Mr. Royce of California , Mr. Marchant , Ms. Sinema , Mr. Young of Iowa , Mr. Brooks of Alabama , Mr. Tipton , Mr. Barr , Mr. Coffman , and Mr. David Scott of Georgia December 21, 2018 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on April 17, 2018 A BILL To amend the Consumer Financial Protection Act of 2010 to provide procedures for guidance issued by the Bureau of Consumer Financial Protection, and for other purposes.

1. Short title This Act may be cited as the Give Useful Information to Define Effective Compliance Act or the GUIDE Compliance Act . 2. Procedures for Bureau guidance Section 1022(b) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5512(b) ) is amended by adding at the end the following: (5) Procedures for Bureau guidance (A) Definitions In this paragraph— (i) the term Bureau means— (I) the Director of the Bureau; (II) the Deputy Director of the Bureau; and (III) any employee of the Bureau described in section 1013(a)(1)(B); and (ii) the term guidance — (I) means— (aa) an agency statement of general applicability and future effect, other than a regulatory action, that sets forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statutory or regulatory issue; and (bb) any written interpretive rule, bulletin, statement of policy, letter, examination manual, frequently asked question, notice, directive, news release, blog post, small entity compliance guide, or other authoritative document issued by the Bureau regarding compliance with a Federal consumer financial law; and (II) does not include— (aa) a purely internal Bureau policy; (bb) a law enforcement communication such as a complaint, consent order, judgment, legal opinion, warning letter, investigatory letter, notice of hearing, civil investigative demand, subpoena, no-action letter, advisory opinion, or any request in lieu of the foregoing; (cc) an individualized supervisory communication such as a supervisory letter, report of examination, memorandum of understanding, board resolution, matter requiring attention, or individualized communication or agreement pursuant to the supervisory authority of the Bureau; or (dd) a decision issued under subtitle E. (B) Guidance requirements The Director shall issue guidance that is necessary or appropriate to enable the Bureau to carry out Federal consumer financial law, including facilitating compliance with such law. (C) Rulemaking (i) Proposed rule Not later than 18 months after the date of enactment of this paragraph, the Bureau shall publish in the Federal Register and on the website of the Bureau a proposed rule defining— (I) each type of guidance the Bureau shall provide; (II) the criteria the Bureau shall use for selecting each type of guidance; (III) the process and timelines for requests for guidance; (IV) the time periods for the response of the Bureau to a request for each type of guidance; and (V) a process for amending or revoking guidance issued under the rule, including a process for public input on any proposal to amend or revoke guidance, unless the Bureau determines public input is not required due to public exigency. (ii) Final rule Not later than 1 year after the date on which the proposed rule described in clause (i) is published, the Bureau shall publish a final rule based on the proposed rule. (D) Reliance on Bureau guidance No person shall be held liable for any act done or omitted in good faith in conformity with any applicable guidance from the Bureau or any predecessor agency that was in effect at the time of the act or omission, even if the guidance is later revoked, amended, or rendered inconsistent by guidance or action by the Bureau or a determination by a court of competent jurisdiction. (E) Development of a penalty matrix (i) Proposed rule Not later than 18 months after the date of the enactment of this subparagraph, the Bureau shall publish in the Federal Register and on the website of the Bureau a proposed rule establishing guidelines for determining the size of any civil monetary penalties issued by the Bureau based on the severity of the actionable conduct in violation of a Federal consumer financial law and the level of culpability. The regulations prescribed under this paragraph shall, to the extent possible, align with any chart, matrix, rule, or guideline published by the Office of the Comptroller of the Currency, the Corporation, or the Board of Governors. (ii) Final rule Not later than 1 year after the date on which the proposed rule described in clause (i) is published, the Bureau shall publish a final rule based on the proposed rule. .

December 21, 2018 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed