January 2024Transmittal 515
Effective: 1/1/2024
Monetary Policy and Reserve Requirements
Regulation D
The Board amended Regulation
D (Reserve Requirements of Depository Institutions) to reflect the
annual indexing of the reserve requirement exemption amount and the
low reserve tranche for 2024.
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The annual indexation of these
amounts is required notwithstanding the Board’s action in March
2020 setting all reserve requirement ratios to zero. The reserve requirement
exemption amount for 2024 will remain at $36.1 million, unchanged
from 2023, consistent with the Federal Reserve Act. The Board amended
Regulation D to set the amount of the low reserve tranche at $644.0
million (decreased from $691.7 million in 2023). The adjustment to
the low reserve tranche is derived using a statutory formula specified
in the Federal Reserve Act. The annual indexation of the reserve requirement
exemption amount and low reserve tranche is required by statute but
will not affect depository institutions’ reserve requirements,
which will remain zero. The final rule is effective December 29, 2023
(Regulation D, Docket R–1823) and was published in the Federal Register on November 29, 2023.
The new low reserve tranche will apply beginning January 1, 2024.Banks and Banking
Regulation I
The Board issued a final rule that applies an inflation
adjustment to the threshold for total consolidated assets in Regulation
I. Federal Reserve Bank stockholders that have total consolidated
assets above the threshold receive a different dividend rate on their
Reserve Bank stock than stockholders with total consolidated assets
at or below the threshold.
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The Federal Reserve Act requires
that the Board annually adjust the total consolidated asset threshold
to reflect the change in the Gross Domestic Product Price Index, published
by the Bureau of Economic Analysis. Based on the change in the Gross
Domestic Product Price Index as of September 28, 2023, the total consolidated
asset threshold will be $12,517,000,000 through December 31, 2024.
The final rule is effective December 29, 2023 (Regulation I, Docket R–1824) and was published in the Federal Register on November 29, 2023.
The adjusted threshold for total consolidated assets will apply beginning
January 1, 2024.Bank Secrecy Act Regulations
The U.S. Department of the Treasury’s Financial
Crimes Enforcement Network (FinCEN) issued a final rule requiring
certain entities to file with FinCEN reports that identify two categories
of individuals: the beneficial owners of the entity, and individuals
who have filed an application with specified governmental authorities
to create the entity or register it to do business.
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These regulations implement
section 6403 of the Corporate Transparency Act (CTA), enacted into
law as part of the National Defense Authorization Act for Fiscal Year
2021 (NDAA), and describe who must file a report, what information
must be provided, and when a report is due. These requirements are
intended to help prevent and combat money laundering, terrorist financing,
corruption, tax fraud, and other illicit activity, while minimizing
the burden on entities doing business in the United States. The final
rule is effective January 1, 2024 (Department of the Treasury, Financial Crimes Enforcement Network) and was published in the Federal Register on September 30, 2022.FinCEN issued a final rule to specify when and how entities required
to report beneficial ownership information to FinCEN may use a FinCEN
identifier to report the beneficial ownership information of certain
related entities.
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These regulations amend FinCEN’s Beneficial Ownership
Information Reporting Rule, which implements section 6403 of the CTA.
The CTA was enacted into law as part of the Anti-Money Laundering
Act of 2020, which is itself part of the NDAA. The final rule is effective
January 1, 2024 (Department of the Treasury, Financial Crimes Enforcement Network) and was published in the Federal Register on November 8, 2023.FinCEN is amending the Beneficial Ownership Information Reporting
Rule to extend the filing deadline for certain beneficial ownership
information (BOI) reports.
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Under the reporting rule prior
to this amendment, entities created or registered on or after the
rule’s effective date of January 1, 2024, had to file initial
BOI reports with FinCEN within 30 calendar days of notice of their
creation or registration. This amendment extends that filing deadline
from 30 calendar days to 90 calendar days for entities created or
registered on or after January 1, 2024, and before January 1, 2025,
to give those entities additional time to understand the new reporting
obligation and collect the necessary information to complete their
filings. Entities created or registered on or after January 1, 2025,
will continue to have 30 calendar days to file their BOI reports with
FinCEN. The final rule is effective January 1, 2024 (Department of the Treasury, Financial Crimes Enforcement Network) and was published in the Federal Register on November 30, 2023.Regulations Q, LL, and YY
The Board is adopting
risk-based capital requirements for depository institution holding
companies that are significantly engaged in insurance activities.
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This risk-based
capital framework, termed the Building Block Approach, adjusts and
aggregates existing legal entity capital requirements to determine
enterprise-wide capital requirements. The final rule also contains
a risk-based capital requirement excluding insurance activities, in
compliance with section 171 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Dodd-Frank Act). The Board also is adopting
a reporting form FR Q-1 related to the Building Block Approach. The
capital requirements and associated reporting form meet statutory
mandates and will help to prevent the economic and consumer impacts
resulting from the failure of organizations engaged in banking and
insurance. The final rule is effective January 1, 2024 (Regulation Q, Regulation LL, and Regulation YY, Docket R–1673) and was published in the Federal Register on November 27, 2023.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). Under regulations adopted by the agencies, if there
is no annual percentage increase in the CPI–W, the agencies
will not adjust this exemption threshold from the prior year. Additionally,
in years following a year in which the exemption threshold was not
adjusted because the CPI–W decreased, 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, 2023, the exemption threshold will increase from $66,400
to $69,500. The final rule is effective January 1, 2024 (Regulation M and Consumer Financial Protection Bureau, Regulation M, Docket R–1821) and was published in the Federal Register on November 29, 2023.Regulation Z and CFPB’s Regulation Z
The Board, the CFPB, and the Office of the Comptroller of the Currency
(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 Federal Deposit Insurance Corporation (FDIC), the Federal Housing
Finance Agency, the National Credit Union Administration, and the
OCC jointly issued final rules implementing these requirements, effective
January 18, 2014. 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. Additionally, in years following
a year in which the exemption threshold was not adjusted because the
CPI–W decreased, 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, 2023, the exemption
threshold will increase from $31,000 to $32,400. The final rule is
effective January 1, 2024 (Regulation Z and Consumer Financial Protection Bureau, Regulation Z, Docket R–1819) and was published in the Federal Register on November 29, 2023.The Board and the CFPB are amending the official interpretations
and commentary for the agencies’ regulations that implement
TILA.
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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. Under regulations adopted
by the agencies, 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. Additionally, in years following a
year in which the exemption threshold was not adjusted because the
CPI–W decreased, 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, 2023,
the exemption threshold will increase from $66,400 to $69,500. The
final rule is effective January 1, 2024 (Regulation Z and Consumer Financial Protection Bureau, Regulation Z, Docket R–1820) and was published in the Federal Register on November 29, 2023.CFPB’s Regulation Z
The CFPB is amending the regulation text and official
interpretations for Regulation Z, which implements TILA.
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The CFPB calculates
the dollar amounts for several provisions in Regulation Z annually;
this final rule revises, as applicable, the dollar amounts for provisions
implementing TILA and amendments to TILA, including under the Home
Ownership and Equity Protection Act of 1994 (HOEPA), and the Dodd-Frank
Act. The CFPB is adjusting these amounts, where appropriate, based
on the annual percentage change reflected in the Consumer Price Index
in effect on June 1, 2023. The final rule is effective January 1,
2024 (Consumer Financial Protection Bureau, Regulation Z) and was published in the Federal Register on September 21, 2023.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 2024 calendar year. The final
rule is effective January 1, 2024 (Consumer Financial Protection Bureau, Regulation V) and was published in the Federal Register on November 15, 2023.Procedural and Organizational Rules
Rules
Regarding Delegation of Authority
The Board
is revising its Rules Regarding Delegation of Authority to add delegations
of authority previously approved by the Board and make certain technical
corrections.
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The final rule is effective November 17, 2023 (Rules Regarding Delegation of Authority, Docket R–1778),
the same day it was published in the Federal Register.Proposed Rules
On September 19, 2023, the Board, the FDIC, and
the OCC published in the
Federal Register a proposal to require
certain large depository institution holding companies, U.S. intermediate
holding companies of foreign banking organizations, and insured depository
institutions to issue and maintain outstanding a minimum amount of
long-term debt.
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The agencies have determined that an extension of the comment period
is appropriate. Comments on this notice of proposed rulemaking must
be received by January 16, 2024 (Docket R–1815).Regulation II
implements a provision of the Dodd-Frank Act that requires the Board
to establish standards for assessing whether the amount of any interchange
fee received by a debit card issuer is reasonable and proportional
to the cost incurred by the issuer with respect to the transaction.
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Under the current
rule, for a debit card transaction that does not qualify for a statutory
exemption, the interchange fee can be no more than the sum of a base
component of 21 cents, an ad valorem component of 5 basis points
multiplied by the value of the transaction, and a fraud-prevention
adjustment of 1 cent if the issuer meets certain fraud-prevention-standards.
The Board developed the current interchange fee cap in 2011 using
data voluntarily reported to the Board by large debit card issuers
concerning transactions performed in 2009. Since that time, data collected
by the Board every other year on a mandatory basis from large debit
card issuers show that certain costs incurred by these issuers have
declined significantly; however, the interchange fee cap has remained
the same. For this reason, the Board proposes to update all three
components of the interchange fee cap based on the latest data reported
to the Board by large debit card issuers. Further, the Board proposes
to update the interchange fee cap every other year going forward by
directly linking the interchange fee cap to data from the Board’s
biennial survey of large debit card issuers. Initially, under the
proposal, the base component would be 14.4 cents, the ad valorem component would be 4.0 basis points (multiplied by the value of
the transaction), and the fraud-prevention adjustment would be 1.3
cents for debit card transactions performed from the effective date
of the final rule to June 30, 2025. The Board also proposes a set
of technical revisions to Regulation II. Comments on this notice of
proposed rulemaking must be received by February 12, 2024 (Docket R–1818).