November 2020Transmittal 477
Effective: 11/1/2020
Due
to the extraordinary disruptions from the coronavirus disease 2019
(COVID-19), the Board is extending the temporary actions, announced
on April 23, 2020, that encourage healthy depository institutions
to utilize intraday credit extended by Federal Reserve Banks.
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The temporary actions
were previously scheduled to expire on September 30, 2020, but have
been extended through March 31, 2021 (Docket OP-1716). Banks
and Banking
Regulation Q
The Board, the Federal Deposit Insurance Corporation
(FDIC), and the Office of the Comptroller of the Currency (OCC) issued
a final rule to make technical corrections to certain provisions of
the capital rule related to the standardized approach for counterparty
credit risk, which is used for calculating the exposure amount of
derivative contracts and was adopted in a final rule published on
January 24, 2020.
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The final rule is effective September 17, 2020 (Regulation Q, Docket R-1629), the same day it was published in the Federal
Register.
The Board, the FDIC, and the OCC adopted a final rule
that delays the estimated impact on regulatory capital stemming from
the implementation of Accounting Standards Update No. 2016-13,
Financial Instruments—Credit Losses, Topic 326, Measurement
of Credit Losses on Financial Instruments (CECL).
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The final rule provides banking
organizations that implement CECL during the 2020 calendar year the
option to delay for two years an estimate of CECL’s effect on
regulatory capital, relative to the incurred loss methodology’s
effect on regulatory capital, followed by a three-year transition
period. The agencies are providing this relief to allow these banking
organizations to better focus on supporting lending to creditworthy
households and businesses in light of recent strains on the U.S. economy
as a result of COVID-19, while also maintaining the quality of regulatory
capital. This final rule is consistent with the interim final rule
published in the Federal Register on March 31, 2020, with certain
clarifications and minor adjustments in response to public comments
related to the mechanics of the transition and the eligibility criteria
for applying the transition. The final rule is effective September
30, 2020 (Regulation Q, Docket R-1708), the same day it was published in the Federal
Register.
The Board, the FDIC, and the OCC adopted as final the
revisions to the community bank leverage ratio framework made under
two interim final rules issued in the
Federal Register on April
23, 2020.
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The
final rule adopts these interim final rules with no changes. Under
the final rule, the community bank leverage ratio will remain 8 percent
through calendar year 2020, will be 8.5 percent through calendar year
2021, and will be 9 percent thereafter. The final rule also maintains
a two-quarter grace period for a qualifying community banking organization
whose leverage ratio falls no more than 1 percentage point below the
applicable community bank leverage ratio requirement. The final rule
is effective November 9, 2020 (Regulation Q, Docket R-1711) and was published in the Federal Register on October 9, 2020. Procedural and Organizational Rules
Rules Regarding Availability of Information
The Board issued a final rule revising its Rules
Regarding Availability of Information (12 CFR part 261).
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The revisions clarify
and update the Board’s regulations implementing the Freedom
of Information Act and the rules governing the disclosure of confidential
supervisory information and other nonpublic information of the Board.
The final rule is effective October 15, 2020 (Procedural and Organizational
Rules, Rules Regarding Availability of Information, Docket R-1665) and
was published in the Federal Register on September 15, 2020. Bank Secrecy Act
Statutory and technical amendments have been made to the Bank Secrecy
Act (at
3-1750 et seq.) by the following:
- Taxpayer First Act, Pub. L. No. 116-25, July 1, 2019
(133 Stat. 986)
Bretton Woods Agreements Act
Statutory and technical amendments have been made to
the Bretton Woods Agreements Act (
1-474 et seq.) by the following:
- Coronavirus Aid, Relief, and Economic Security Act,
Pub. L. No. 116-136, March 27, 2020 (134 Stat. 595)
Emergency Relief and Construction Act
Statutory and technical amendments have been
made to the Emergency Relief and Construction Act (at
1-289) by the
following:
- Agriculture Improvement Act, Pub. L. No. 115-334,
Dec. 20, 2018 (132 Stat. 4490, 4685)
Expedited Funds Availability Act
Statutory and technical amendments have been made to
the Expedited Funds Availability Act (
9-675 et seq.) by the following:
- Economic Growth, Regulatory Relief, and Consumer Protection
Act, Pub. L. No. 115-174, May 24, 2018 (132 Stat. 1312)
Fair Credit Reporting Act
Statutory and technical amendments have been made to the
Fair Credit Reporting Act (
6-1550 et seq.) by the following:
- Economic Growth, Regulatory Relief, and Consumer
Protection Act, Pub. L. No. 115-174, May 24, 2018 (132 Stat. 1326-32,
1333, 1335, 1366)
- Coronavirus Aid, Relief, and Economic Security Act,
Pub. L. No. 116-136, March 27, 2020 (134 Stat. 489)
Federal Deposit Insurance Act
Statutory and technical amendments have been made to
the Federal Deposit Insurance Act (
1-339 et seq.) by the following:
- Economic Growth, Regulatory Relief, and Consumer
Protection Act, Pub. L. No. 115-174, May 24, 2018 (132 Stat. 1296,
1310, 1316, 1360)
Financial Stability Act
Statutory and technical amendments have been made to the Financial
Stability Act (
3-2702) by the following:
- Economic Growth, Regulatory Relief, and Consumer
Protection Act, Pub. L. No. 115-174, May 24, 2018 (132 Stat. 1312)
Gold Reserve Act of 1934
Statutory and technical amendments have been made to the Gold Reserve
Act of 1934 (
1-421) by the following:
- Coronavirus Aid, Relief, and Economic Security Act,
Pub. L. No. 116-136, March 27, 2020 (134 Stat. 496)
Home Mortgage Disclosure Act
Statutory and technical amendments have been made to
the Home Mortgage Disclosure Act (
6-5228 et seq.) by the following:
- Economic Growth, Regulatory Relief, and Consumer
Protection Act, Pub. L. No. 115-174, May 24, 2018 (132 Stat. 1300,
1301)
Revised Statutes
Statutory
and technical amendments have been made to the Revised Statutes (
3-1000 et seq.) by the following:
- Coronavirus Aid, Relief, and Economic Security Act,
Pub. L. No. 116-136, March 27, 2020 (134 Stat. 478)
Truth in Lending Act
Statutory and technical amendments have been made to the Truth in
Lending Act (
6-1030 et seq.) by the following:
- Economic Growth, Regulatory Relief, and Consumer Protection
Act, Pub. L. No. 115-174, May 24, 2018 (132 Stat. 1304, 1305, 1306)
Proposed Rules
The Board
is inviting comment on a notice of proposed rulemaking to tailor the
requirements in the Board’s capital plan rule, which applies
to large bank holding companies and U.S. intermediate holding companies
of foreign banking organizations.
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Specifically, as foreshadowed
in the Board’s October 2019 rulemaking that updated the prudential
framework for these companies, the proposal would make conforming
changes to the capital planning, regulatory reporting, and stress
capital buffer requirements for firms subject to Category IV standards
to be consistent with the tailoring framework. To be consistent with
recent changes to the Board’s stress testing rules, the proposal
would make other changes to the Board’s stress testing rules, Stress Testing Policy Statement, and regulatory reporting requirements
relating to business plan change assumptions, capital action assumptions,
and the publication of company-run stress test results for savings
and loan holding companies. This proposal also solicits comment on
the Board’s guidance on capital planning for all firms supervised
by the Board, in light of recent changes to relevant regulations and
as part of the Board’s ongoing practice of reviewing its policies
to ensure that they are having their intended effect. Comments on
this notice of proposed rulemaking must be received by November 20,
2020 (Docket R-1724).
The Federal Open Market Committee (FOMC) is inviting comment
on a notice of proposed rulemaking that would amend the FOMC’s
Rules Regarding Availability of Information (85 Fed. Reg. 65,262).
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The amendments
clarify and update the FOMC’s regulations implementing the Freedom
of Information Act by streamlining its regulations and incorporating
guidance from the Department of Justice. Comments on this notice of
proposed rulemaking must be received by December 14, 2020.
The Board is publishing for public comment
an advance notice of proposed rulemaking to solicit public input regarding
modernizing the Board’s Community Reinvestment Act regulatory
and supervisory framework.
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The Board is seeking comment
on all aspects of the proposed rulemaking from all interested parties
and also requests commenters to identify other issues that the Board
should consider. Comments on this notice of proposed rulemaking must
be received by February 16, 2021 (Docket R-1723).