May 2020Transmittal 471
Effective: 5/1/2020
The
Board, the Consumer Financial Protection Bureau, the Federal Deposit
Insurance Corporation (FDIC), the National Credit Union Administration,
the Office of the Comptroller of the Currency (OCC), and the Conference
of State Bank Supervisors issued a joint policy statement providing
needed regulatory flexibility to enable mortgage servicers to work
with struggling consumers affected by the coronavirus disease 2019
(COVID-19) emergency.
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This guidance will facilitate mortgage servicers’ ability
to place consumers in short-term payment forbearance programs such
as the one established by the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act). For more information, see the Joint Statement
on Supervisory and Enforcement Practices Regarding the Mortgage Servicing
Rules in Response to the COVID-19 Emergency and the CARES Act on
the Board’s website: https://www.federalreserve.gov/newsevents/pressreleases/files/bcreg20200403a1.pdf. Banks and Banking
Policy
Statements
The Board, the FDIC, and the OCC
issued on March 19, 2020,
Questions and Answers on Statement on
the Use of Capital and Liquidity Buffers to respond to public
inquiries from banking organizations regarding the use of their capital
and liquidity buffers, and the application of the Board’s total loss-absorbing
capacity rule.
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These questions and answers (Q&As) were developed to provide
further information on the March 17, 2020, Statement on the Use of Capital and Liquidity
Buffers. As discussed in the Q&As, the agencies support
banking organizations that choose to use their capital and liquidity
buffers to lend and undertake other supportive actions in a safe and
sound manner. The agencies expect banking organizations to continue
to manage their capital actions and liquidity risk prudently (Guidance, Capital at 3-1506.35). Regulation Q
In light of recent disruptions
in economic conditions caused by COVID-19 and current strains in U.S.
financial markets, the Board, the FDIC, and the OCC issued an interim
final rule that revises the definition of eligible retained income
for all depository institutions, bank holding companies, and savings
and loan holding companies subject to the agencies’ capital rule.
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The revised definition
of eligible retained income will make any automatic limitations on
capital distributions that could apply under the agencies’ capital
rules more gradual. The interim final rule is effective March 20,
2020 (Regulation Q, Docket R-1703), the same day it was published in the Federal
Register.
To provide liquidity to the money market sector to help
stabilize the financial system, the Board authorized the Federal Reserve
Bank of Boston to establish the Money Market Mutual Fund Liquidity
Facility (MMLF), pursuant to section 13(3) of the Federal Reserve
Act. Under the MMLF, the Federal Reserve Bank of Boston will extend
non-recourse loans to eligible financial institutions to purchase
certain types of assets from money market mutual funds.
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To facilitate this
Federal Reserve lending program, the Board, the FDIC, and the OCC
adopted this interim final rule to allow banking organizations to
neutralize the regulatory capital effects of participating in the
program. This treatment would extend to the community bank leverage
ratio. The interim final rule is effective March 23, 2020 (Regulation Q, Docket R-1705), the same day it was published in the Federal
Register.
The Board, the FDIC, and the OCC are inviting comment
on an interim final rule that delays the estimated impact on regulatory
capital stemming from the implementation of Accounting Standards Update
2016-13,
Financial Instruments—Credit Losses (Topic 326):
Measurement of Credit Losses on Financial Instruments (CECL).
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The interim final
rule provides banking organizations that implement CECL before the
end of 2020 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 such 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. The interim final rule is effective March 31, 2020 (Regulation Q, Docket R-1708), the same day it was published in the Federal
Register. Comments on the interim final rule must be received
by May 15, 2020. Holding and Nonbank Financial Companies
Regulation YY
In
light of recent disruptions in economic conditions caused by COVID-19
and current strains in U.S. financial markets, the Board issued an
interim final rule that revises the definition of eligible retained
income for purposes of the Board’s total loss-absorbing capacity (TLAC)
rule.
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The
revised definition of eligible retained income will make any automatic
limitations on capital distributions that could apply under the TLAC
rule more gradual and aligns to recent action taken by the Board and
the other federal banking agencies in the capital rule. The interim
final rule is effective March 26, 2020 (Regulation YY, Docket R-1706), the same day it was published in the Federal
Register. Procedural and Organizational Rules
Rules Regarding Access to Personal Information
under the Privacy Act of 1974
Pursuant to the
provisions of the Privacy Act of 1974, notice was given that the Board
proposes to amend its Rules Regarding Access to Personal Information
under the Privacy Act of 1974 (12 CFR part 261a).
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The Board is proposing to add
a new system of records entitled BGFRS-43 “FRB—Security Sharing Platform,” to those identified as an “exempt”
system of records. The amendments will become effective May 1, 2020,
without further notice, unless comments dictate otherwise (Rules Regarding Access to Personal Information under the Privacy
Act of 1974, Docket R-1704) and were published in the Federal Register on April 1, 2020.Systems of Records of the Federal Reserve
System
Pursuant to the provisions of the Privacy
Act of 1974, notice was given that the Board proposes to establish
a new system of records
BGFRS-43 “FRB—Security Sharing Platform.”
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The new system of records maintains
records relating to the Security Sharing Platform that will allow
the Board and the twelve Federal Reserve Banks to share information
regarding individuals who are involved in incidents or events that
may affect the safety and security of the premises, grounds, property,
personnel, and operations of the Federal Reserve System. The new system
of records will become effective May 1, 2020, without further notice,
unless comments dictate otherwise (Rules Regarding Access to Personal
Information under the Privacy Act of 1974, Systems of Records of the Federal Reserve System). The new system of
records was published in the Federal Register on April 1, 2020.