January 2020Transmittal 467
Effective: 1/1/2020
Monetary Policy
and Reserve Requirements
Regulation D
The
Board is amending Regulation D (Reserve Requirements of Depository
Institutions) to reflect the annual indexing of the reserve requirement
exemption amount and the low reserve tranche for 2020.
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The Regulation D amendments
set the amount of total reservable liabilities of each depository
institution that is subject to a 0 percent reserve requirement in
2020 at $16.9 million (up from $16.3 million in 2019). This amount
is known as the reserve requirement exemption amount. The Regulation
D amendments also set the amount of net transaction accounts at each
depository institution (over the reserve requirement exemption amount)
that is subject to a 3 percent reserve requirement in 2020 at $127.5
million (up from $124.2 million in 2019). This amount is known as
the low reserve tranche. The adjustments to both of these amounts
are derived using statutory formulas specified in the Federal Reserve
Act.
The Board is also announcing
changes in two other amounts, the nonexempt deposit cutoff level and
the reduced reporting limit, that are used to determine the frequency
at which depository institutions must submit deposit reports.
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The final rule
is effective December 26, 2019 (Regulation D, Docket R-1686) and was published in the Federal Register on November 25, 2019. Banks and Banking
Regulation Q
The Board, the Federal Deposit
Insurance Corporation (FDIC), and the Office of the Comptroller of
the Currency (OCC) (collectively, “the agencies”) are
adopting a final rule that permits insured depository institutions
and depository institution holding companies not subject to the advanced
approaches capital rule to implement certain provisions of the final
rule titled Regulatory Capital: Simplifications to the Capital Rule
Pursuant to the Economic Growth and Regulatory Paperwork Reduction
Act of 1996, which was issued by the agencies on July 22, 2019, (capital
simplifications final rule) on January 1, 2020, rather than April
1, 2020, as initially provided.
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Consistent with this approach,
the transitions provisions of the regulatory capital rule are being
amended to provide that banking organizations not subject to the advanced
approaches capital rule will be permitted to implement the capital
simplifications final rule as of its revised effective date in the
quarter beginning January 1, 2020, or to wait until the quarter beginning
April 1, 2020. The final rule is effective January 1, 2020 (Regulation Q, Docket R-1576) and was published in the Federal Register on November 13, 2019.
The Board, the FDIC, and the OCC are adopting
a final rule that provides for a simple measure of capital adequacy
for certain community banking organizations, consistent with section
201 of the Economic Growth, Regulatory Relief, and Consumer Protection
Act (EGRRCPA).
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Under the final rule, depository institutions and depository institution
holding companies that have less than $10 billion in total consolidated
assets and meet other qualifying criteria, including a leverage ratio
(equal to tier 1 capital divided by average total consolidated assets)
of greater than 9 percent, will be eligible to opt into the community
bank leverage ratio framework. Qualifying community banking organizations
that elect to use the community bank leverage ratio framework and
that maintain a leverage ratio of greater than 9 percent will be considered
to have satisfied the generally applicable risk-based and leverage
capital requirements in the agencies’ capital rules and, if
applicable, will be considered to have met the well-capitalized ratio
requirements for purposes of section 38 of the Federal Deposit Insurance
Act. The final rule includes a two-quarter grace period during which
a qualifying community banking organization that temporarily fails
to meet any of the qualifying criteria, including the greater than
9 percent leverage ratio requirement, generally would still be deemed
well-capitalized so long as the banking organization maintains a leverage
ratio greater than 8 percent. At the end of the grace period, the
banking organization must meet all qualifying criteria to remain in
the community bank leverage ratio framework or otherwise must comply
with and report under the generally applicable rule. Similarly, a
banking organization that fails to maintain a leverage ratio greater
than 8 percent would not be permitted to use the grace period and
must comply with the capital rule’s generally applicable requirements
and file the appropriate regulatory reports. The final rule is effective
January 1, 2020 (Regulation Q, Docket R-1638) and was published in the Federal Register on November 13, 2019. Regulation Q and Regulation
WW
The Board, the FDIC, and the OCC are adopting a final
rule to revise the criteria for determining the applicability of regulatory
capital and liquidity requirements for large U.S. banking organizations
and the U.S. intermediate holding companies of certain foreign banking
organizations.
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The final rule establishes four risk-based categories for determining
the applicability of requirements under the agencies’ regulatory
capital rule and liquidity coverage ratio (LCR) rule. Under the final
rule, such requirements increase in stringency based on measures of
size, cross-jurisdictional activity, weighted short-term wholesale
funding, nonbank assets, and off-balance sheet exposure. The final
rule applies tailored regulatory capital and liquidity requirements
to depository institution holding companies and U.S. intermediate
holding companies with $100 billion or more in total consolidated
assets as well as to certain depository institutions. Separately,
the Board is adopting a final rule that revises the criteria for determining
the applicability of enhanced prudential standards for large domestic
and foreign banking organizations using a risk-based category framework
that is consistent with the framework described in this final rule,
and makes additional modifications to the Board’s company-run
stress test and supervisory stress test rules. In addition, the Board
and the FDIC are separately adopting a final rule that amends the
resolution planning requirements under section 165(d) of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) using
a risk-based category framework that is consistent with the framework
described in this final rule. The final rule is effective December
31, 2019 (Regulation Q and Regulation WW, Docket R-1628) and was published in the Federal Register on November 1, 2019. Regulation Q, Regulation
Y, Regulation LL, Regulation PP, and Regulation YY
The
Board is adopting a final rule that establishes risk-based categories
for determining prudential standards for large U.S. banking organizations
and foreign banking organizations, consistent with section 165 of
the Dodd-Frank Act, as amended by EGRRCPA, and with the Home Owners’
Loan Act.
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The
final rule amends certain prudential standards, including standards
relating to liquidity, risk management, stress testing, and single-counterparty
credit limits, to reflect the risk profile of banking organizations
under each category; applies prudential standards to certain large
savings and loan holding companies using the same categories; makes
corresponding changes to reporting forms; and makes additional modifications
to the Board’s company-run stress test and supervisory stress
test rules, consistent with section 401 of EGRRCPA. Separately, the
FDIC and the OCC are adopting a final rule that revises the criteria
for determining the applicability of regulatory capital and standardized
liquidity requirements for large U.S. banking organizations and the
U.S. intermediate holding companies of foreign banking organizations,
using a risk-based category framework that is consistent with the
framework described in this final rule. In addition, the Board and
the FDIC are separately adopting a final rule that amends the resolution
planning requirements under section 165(d) of the Dodd-Frank Act using
a risk-based category framework that is consistent with the framework
described in this final rule. The final rule is effective December
31, 2019 (Regulation Q, Regulation Y, Regulation LL, Regulation PP, and Regulation YY, Docket R-1658) and was published in the Federal Register on November 1, 2019. Holding and Nonbank
Financial Companies
Regulation Y
The Board,
the FDIC, and the OCC are adopting a final rule to amend the agencies’
regulations requiring appraisals of real estate for certain transactions.
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The final rule
increases the threshold level at or below which appraisals are not
required for residential real estate transactions from $250,000 to
$400,000. The final rule defines a residential real estate transaction
as a real estate-related financial transaction that is secured by
a single 1-to-4 family residential property. For residential real
estate transactions exempted from the appraisal requirement as a result
of the revised threshold, regulated institutions must obtain an evaluation
of the real property collateral that is consistent with safe and sound
banking practices. The final rule makes a conforming change to add
to the list of exempt transactions those transactions secured by residential
property in rural areas that have been exempted from the agencies’
appraisal requirement pursuant to EGRRCPA. The final rule requires
evaluations for these exempt transactions. The final rule also amends
the agencies’ appraisal regulations to require regulated institutions
to subject appraisals for federally related transactions to appropriate
review for compliance with the Uniform Standards of Professional Appraisal
Practice. The final rule is effective January 1, 2020 (Regulation Y, Docket R-1639) and was published in the Federal Register on October 8, 2019. Regulation QQ
The Board and the FDIC are jointly adopting a final rule that
implements the resolution planning requirements of section 165(d)
of the Dodd-Frank Act.
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This final rule is intended to reflect improvements identified
since the agencies finalized their joint resolution plan rule in November
2011 and to address amendments to the Dodd-Frank Act made by EGRRCPA.
Through this final rule, the Board is also establishing risk-based
categories for determining the application of the resolution-planning
requirement to certain U.S. and foreign banking organizations, consistent
with section 401 of EGRRCPA. The final rule also extends the default
resolution plan filing cycle, allows for more focused resolution plan
submissions, and improves certain aspects of the resolution-planning
rule. The final rule is effective December 31, 2019 (Regulation QQ, Docket R-1660) and was published in the Federal Register on November 1, 2019. Consumer and Community
Affairs
Regulation M and CFPB’s Regulation M
The Board and the Consumer Financial Protection Bureau (CFPB)
finalized amendments to the official interpretations and commentary
for the agencies’ regulations that implement the Consumer Leasing
Act (CLA).
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The Dodd-Frank Act amended the CLA by requiring that the dollar
threshold for exempt consumer leases be adjusted annually by the annual
percentage increase in the Consumer Price Index for Urban Wage Earners
and Clerical Workers (CPI-W). If there is no annual percentage increase
in the CPI-W, the Board and the CFPB will not adjust this exemption
threshold from the prior year. However, in years following a year
in which the exemption threshold was not adjusted, the threshold is
calculated by applying the annual percentage change in the CPI-W to
the dollar amount that would have resulted, after rounding, if the
decreases and any subsequent increases in the CPI-W had been taken
into account. Based on the annual percentage increase in the CPI-W
as of June 1, 2019, the exemption threshold will increase from $57,200
to $58,300, effective January 1, 2020. The final rule is effective
January 1, 2020 (Regulation M and Consumer Financial Protection Bureau, Regulation M, Docket R-1676) and was published in the Federal Register on October 30, 2019. Regulation Z and CFPB’s
Regulation Z
The Board, the CFPB, and the OCC finalized
amendments to the official interpretations for their regulations that
implement section 129H of the Truth in Lending Act (TILA).
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Section 129H of
TILA establishes special appraisal requirements for “higher-risk
mortgages,” termed “higher-priced mortgage loans”
or HPMLs in the agencies’ regulations.
The Board, the CFPB, the FDIC, the Federal
Housing Finance Agency (FHFA), the National Credit Union Administration,
and the OCC issued joint final rules implementing these requirements,
effective January 18, 2014.
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The agencies’ rules exempted,
among other loan types, transactions of $25,000 or less, and required
that this loan amount be adjusted annually based on any annual percentage
increase in the CPI-W. If there is no annual percentage increase in
the CPI-W, the Board, the CFPB, and the OCC will not adjust this exemption
threshold from the prior year. However, in years following a year
in which the exemption threshold was not adjusted, the threshold is
calculated by applying the annual percentage increase in the CPI-W
to the dollar amount that would have resulted, after rounding, if
the decreases and any subsequent increases in the CPI-W had been taken
into account. Based on the CPI-W in effect as of June 1, 2019, the
exemption threshold will increase from $26,700 to $27,200, effective
January 1, 2020. The final rule is effective January 1, 2020 (Regulation Z and Consumer Financial Protection Bureau, Regulation Z, Docket R-1678) and was published in the Federal Register on October 30, 2019.
The Board and the CFPB published final rules
amending the official interpretations and commentary for the agencies’
regulations that implement TILA. The Dodd-Frank Act amended TILA by
requiring that the dollar threshold for exempt consumer credit transactions
be adjusted annually by the annual percentage increase in the CPI-W.
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If there is no
annual percentage increase in the CPI-W, the Board and the CFPB will
not adjust this exemption threshold from the prior year. However,
in years following a year in which the exemption threshold was not
adjusted, the threshold is calculated by applying the annual percentage
change in the CPI-W to the dollar amount that would have resulted,
after rounding, if the decreases and any subsequent increases in the
CPI-W had been taken into account. Based on the annual percentage
increase in the CPI-W as of June 1, 2019, the exemption threshold
will increase from $57,200 to $58,300, effective January 1, 2020.
The final rule is effective January 1, 2020 (Regulation Z and Consumer Financial Protection Bureau, Regulation Z, Docket R-1677) and was published in the Federal Register on October 30, 2019.
The CFPB is issuing this final rule amending
the regulation text and official interpretations for Regulation Z,
which implements TILA.
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The CFPB is required to calculate annually the dollar amounts
for several provisions in Regulation Z; this final rule revises, as
applicable, the dollar amounts for provisions implementing TILA and
amendments to TILA, including under the Credit Card Accountability
Responsibility and Disclosure Act of 2009, the Home Ownership and
Equity Protection Act of 1994, and the Dodd-Frank Act. The CFPB is
adjusting these amounts, where appropriate, based on the annual percentage
change reflected in the CPI-W in effect on June 1, 2019. The final
rule is effective January 1, 2020 (Consumer Financial Protection Bureau, Regulation Z) and was published in the Federal Register on August 1, 2019. CFPB’s
Regulation C
The CFPB is amending Regulation C to adjust
the threshold for reporting data about open-end lines of credit by
extending to January 1, 2022, the current temporary threshold of 500
open-end lines of credit.
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The CFPB is also incorporating
into Regulation C the interpretations and procedures from the interpretive
and procedural rule that the CFPB issued on August 31, 2018, and implementing
further the EGRRCPA. The final rule is effective January 1, 2020 (Consumer
Financial Protection Bureau, Regulation C, Docket CFPB-2019-0021) and was published in the Federal Register on October 29, 2019. CFPB’s Regulation
V
The CFPB is amending Regulation V, which implements the
Fair Credit Reporting Act (FCRA).
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The CFPB is required to calculate
annually the dollar amount of the maximum allowable charge for disclosures
by a consumer reporting agency to a consumer pursuant to section 609
of the FCRA (15 U.S.C. 1681g); this final rule establishes the maximum
allowable charge for the 2020 calendar year. The final rule is effective
January 1, 2020 (Consumer Financial Protection Bureau, Regulation V) and was published in the Federal Register on November 27,
2019. Proposed Rules
On October 24, 2019, the Board published
in the Federal Register a proposal to establish risk-based
capital requirements for depository institution holding companies
that are significantly engaged in insurance activities. The Board
has determined that an extension of the comment period until January
22, 2020, is appropriate (Docket R-1673).
The Board, the Department of Housing
and Urban Development, the FDIC, the FHFA, the OCC, and the Securities
and Exchange Commission are providing notice of the commencement of
the review of the definition of qualified residential mortgage; the
community-focused residential mortgage exemption; and the exemption
for qualifying three-to-four unit residential mortgage loans, in each
case as currently set forth in the credit risk retention regulations
as adopted by the agencies.
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Comments on the review must
be received by February 3, 2020 (Docket OP-1688).