Congress moves to restore anti-discrimination lending rules quietly gutted in 2025
S.J.Res. 157 — A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to the withdrawal of the rule relating to "Bulletin 2012-04: Lending discrimination (April 18, 2012)". · Filed by Peter Welch (D-VT) · Introduced Mar 26, 2026 · Referred to committee
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What it does
This resolution uses the Congressional Review Act to block the CFPB's 2025 decision to withdraw its 2012 anti-lending-discrimination guidance (Bulletin 2012-04), which directed lenders to avoid practices that disproportionately harm minority borrowers. If passed, the CFPB's withdrawal would be nullified and the original fair lending bulletin would remain in force. Financial institutions subject to CFPB oversight — including insurers and banks — would continue to face compliance obligations under the reinstated guidance.
Why we flagged it
This resolution attempts to reinstate a CFPB anti-discrimination lending guidance that was withdrawn, effectively restoring regulatory oversight over lenders' fair lending compliance obligations. It is a straightforward CRA disapproval measure aimed at reversing a deregulatory action.
What the text implies
- Reinstating Bulletin 2012-04 restores CFPB authority to pursue disparate-impact lending discrimination cases against financial institutions, shifting enforcement risk from intent-based standards to outcome-based liability.
- Financial institutions (banks, insurers, mortgage lenders) mapped to CFPB jurisdiction will face renewed compliance costs, litigation exposure, and potential retroactive enforcement actions for lending practices implemented during the May 2025–present deregulatory window.
The full analysis lists 5 implications of this text.
Who stands to gain
consumer advocacy organizations; fair lending legal services; minority borrowers and communities historically subject to lending discrimination