Dodd-Frank Act Proposals
The Board has requested public comment on proposals related to the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act") listed below. The Dodd-Frank Act rules and proposed rules that the Board expects to issue during the next six months are summarized in the Unified Agenda (also known as the Semiannual Regulatory Agenda), which is published twice a year in the Federal Register. View the Board's Unified Agenda. Information about the Board's implementation of the Dodd-Frank Act can be found on the Regulatory Reform web page.
Comments can be submitted through this web site using the "Submit comment" links. Comments may also be submitted in writing or by electronic mail (see text of each proposal for contact information). Please note the closing date for each comment period.
Public comments on the proposals and, if publicly available, related staff materials can be viewed by following the associated links. Comments can also be viewed in Room MP-500 of the Board's Martin Building (20th and C Streets, NW, Washington, D.C.) between 9:00 a.m. and 5:00 p.m. (Eastern Time) weekdays or can be obtained by formal request under the FOIA. All comments are reproduced without alteration except when necessary for technical reasons.
You can find, review, and submit comments on other federal documents that are open for comment and published in the Federal Register at Regulations.gov.
Interagency proposal to establish new appraisal requirements for "higher-risk mortgage loans." For mortgages with an annual percentage rate that exceeds the average prime offer rate by a specified percentage, the proposed rule would require creditors to obtain an appraisal or appraisals meeting certain specified standards, provide applicants with a notification regarding the use of the appraisals, and give applicants a copy of the written appraisals used.
Closing date for comments: 10/15/2012
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Proposed amendment to the Board's Notice of Proposed Rulemaking (NPR) issued February 11, 2011, to establish requirements for determining whether a company is "predominantly engaged in financial activities."
Closing date for comments: 05/25/2012
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Request for comment on proposed rules that would implement the enhanced prudential standards required to be established under section 165 of the Dodd-Frank Act and the early remediation requirements established under section 166 of the Act. The enhanced standards include risk-based capital and leverage requirements, liquidity standards, requirements for overall risk management (including establishing a risk committee), single-counterparty credit limits, stress test requirements, and a debt-to-equity limit for companies that the Financial Stability Oversight Council has determined pose a grave threat to financial stability.
Closing date for comments: 04/30/2012
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Implementation of the Quarterly Savings and Loan Holding Company Report (FR 2320) and extension for three years, without revision, of the Bank Holding Company Report of Insured Depository Institutions' Section 23A Transactions with Affiliates (FR Y-8).
Closing date for comments: 01/9/2012
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Request for public comment on a proposed rule that would implement the so-called Volcker Rule requirements of Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act which contains certain prohibitions and restrictions on the ability of a banking entity and nonbank financial company supervised by the Board to engage in proprietary trading and have certain interests in, or relationships with, a hedge fund or private equity fund.
Closing date for comments: 02/13/2012
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Proposal to approve under OMB delegated authority the implementation of the following information collections: (1) Government-administered, General-use Prepaid Card Surveys (FR 3063a and FR 3063b) and (2) Interchange Transaction Fees Surveys (FR 3064a and FR 3064b).
Closing date for comments: 11/14/2011
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Request for comment on a proposed rule outlining the procedures for securities holding companies (SHCs) to elect to be supervised by the Federal Reserve. An SHC is a nonbank company that owns at least one registered broker or dealer.
Closing date for comments: 10/11/2011
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Proposal to exempt a limited number of SLHCs from initial regulatory reporting using the Federal Reserve's existing regulatory reports and a two-year phase-in period for regulatory reporting for all other SLHCs. Exempt SLHCs would continue to submit Schedule HC, which is currently a part of the Thrift Financial Report, and the OTS H-(b)11 Annual/Current Report.
Closing date for comments: 11/1/2011
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Interim final rule setting forth regulations for savings and loan holding companies ("SLHCs"). This interim final rule provides for the corresponding transfer from the OTS to the Board of the regulations necessary for the
Board to administer the statutes governing SLHCs.
Closing date for comments: 11/1/2011
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Request for comment on a rule to permit banking organizations under its supervision to engage in off-exchange transactions in foreign currency with retail customers. The proposed rule also describes various requirements with which banking organizations must comply to conduct such transactions.
Closing date for comments: 10/11/2011
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Request for comment on a notice that outlines the regulations previously issued by the Office of Thrift Supervision (OTS) that the Federal Reserve will continue to enforce after assuming supervisory responsibility for savings and loan holding companies (SLHCs).
Closing date for comments: 08/31/2011
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Proposed rule under Regulation B to clarify that motor vehicle dealers temporarily are not required to comply with certain data collection requirements in the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) until the Board issues final regulations to implement the statutory requirements.
Closing date for comments: 07/29/2011
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Request for comment on a proposed rule that would create new protections for consumers who send remittance transfers to recipients located in a foreign country, by providing consumers with disclosures and error resolution rights. The proposed amendments implement statutory requirements set forth in the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Closing date for comments: 07/20/2011
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Request for public information and comment to conduct two studies regarding the resolution of financial companies under Chapter 7 or Chapter 11 of the United States Bankruptcy Code, and conduct a study regarding international coordination relating to the resolution of systemic financial companies under the Bankruptcy Code and applicable foreign law.
Closing date for comments: 05/31/2011
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Proposal under Regulation Z that would require creditors to determine a consumer's ability to repay a mortgage before making the loan and would establish minimum mortgage underwriting standards. The proposal also implements the Act's limits on prepayment penalties.
Closing date for comments: 07/22/2011
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Request for comment on a notice that outlines how it intends to apply certain parts of its current consolidated supervisory program for bank holding companies to savings and loan holding companies (SLHCs) after assuming supervisory responsibility for SLHCs in July 2011. The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 transfers supervisory functions related to SLHCs and their non-depository subsidiaries to the Board on July 21, 2011.
Closing date for comments: 05/23/2011
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Proposal that implements Section 165(d) of the Dodd-Frank Act requiring each nonbank financial company supervised by the Board and each bank holding company with assets of $50 billion or more to report periodically regarding resolution plans and credit exposure reports to the Board, the Corporation, and the Financial Stability Oversight Council.
Closing date for comments: 06/10/2011
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Agencies are requesting comment on a proposed rule to establish minimum margin and capital requirements for registered swap dealers, major swap participants, security-based swap dealers, and major security-based swap participants as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Closing date for comments: 07/11/2011
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Joint notice and request for comment on a proposal to require savings associations currently filing the Thrift Financial Report (TFR) to convert to filing the Consolidated Report of Condition and Income (Call Report) beginning with the reporting period ending on March 31, 2012.
Closing date for comments: 04/11/2011
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Proposal to require the reporting of incentive-based compensation arrangements by a covered financial institution. Proposal would also prohibit incentive-based compensation arrangements at a covered financial institution when such compensation is excessive, could expose the institution to inappropriate risks, or potentially lead to material financial loss.
Closing date for comments: 05/31/2011
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Proposal to implement statutory changes made by the Dodd-Frank Act that lengthen the time for which a mandatory escrow account established for a higher-priced mortgage loan must be maintained. In addition, the proposal would implement the Act's disclosure requirements regarding escrow accounts. The proposal also would exempt certain loans from the statute's escrow requirement. The primary exemption would apply to mortgage loans extended by creditors that operate predominantly in rural or underserved areas, originate a limited number of mortgage loans, and do not maintain escrow accounts for any mortgage loans they service.
Closing date for comments: 05/2/2011
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Notice of Proposed rulemaking and request for comment regarding proposed amendments to Regulation Y that (1) establish the criteria for determining whether a company is "predominantly engaged in financial activities" and (2) define the terms "significant nonbank financial company" and "significant bank holding company" for purposes of Title I of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the "Dodd-Frank Act" or "Act").
Closing date for comments: 03/30/2011
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Proposed amendments to the Truth in Lending Act (TILA) by increasing the threshold for exempt consumer credit transactions from $25,000 to $50,000. In addition, the Dodd-Frank Act provides that, on or after December 31, 2011, this threshold must be adjusted annually by any annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers. Accordingly, the Board is proposing to make corresponding amendments to Regulation Z, which implements TILA, and to the accompanying staff commentary.
Closing date for comments: 02/1/2011
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Proposed amendments to the Consumer Leasing Act (CLA) by increasing the threshold for exempt consumer leases from $25,000 to $50,000. In addition, the Dodd-Frank Act provides that, on or after December 31, 2011, this threshold must be adjusted annually by any annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers. Accordingly, the Board is proposing to make corresponding amendments to Regulation M, which implements the CLA, and to the accompanying staff commentary.
Closing date for comments: 02/1/2011
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Request for comment on all aspects of the interim final rule to ensure that real estate appraisers are free to use their independent professional judgement in assigning home values without influence or pressure from those with interests in the transactions. The rule also seeks to ensure that appraisers receive customary and reasonable payments for their services. The interim final rule is required by the Dodd-Frank Act.
Closing date for comments: 12/27/2010
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The Board is publishing for comment a proposed rule to amend Regulation Z, which implements the Truth in Lending Act (TILA). The proposed rule would implement Section 1461 of the recently enacted Dodd-Frank Act. Section 1461 amends TILA to provide a separate, higher threshold for determining coverage of the Board's escrow requirement applicable to
higher-priced mortgage loans, for loans that exceed the maximum principal balance eligible for sale to Freddie Mac.
Closing date for comments: 10/25/2010
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Final Dodd-Frank Act Proposals
The Board has taken final action on the Dodd-Frank Act proposals listed below. The Board's final action and the comments submitted on the proposal may be viewed by clicking the appropriate links.
Interagency proposal to modify the agencies' market risk capital rules, published in the Federal Register on January 11, 2011, to incorporate certain alternative methodologies for calculating specific risk capital requirements for debt and securitization positions that do not rely on credit ratings.
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Request for comment on provisions in Regulation II
(Debit Card Interchange Fees and Routing) adopted in accordance with Section 920(a)(5) of the Electronic Fund
Transfer Act, which governs adjustments to debit interchange transaction fees for fraud-prevention
costs.
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Proposed amendments that would repeal Regulation Q, Prohibition Against Payment of Interest on Demand Deposits, effective July 21, 2011. The proposed amendments would also repeal the Board's published interpretation of Regulation Q, and remove references to Regulation Q found in the Board's other regulations, interpretations, and commentary.
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Joint proposal to revise the content requirements for risk-based pricing notices and to add related model forms to reflect the new credit score disclosure requirements.
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Proposal to promulgate risk-management standards governing the operations related to the payment, clearing, and settlement activities of certain financial market utilities that are designated as systemically important by the Financial Stability Oversight Council.
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Request for comment on a proposed rule that would implement the conformance period during which banking entities and nonbank financial companies supervised by the Board must bring their activities and investments into compliance with the prohibitions and restrictions on proprietary trading and relationships with hedge funds and private equity funds imposed by section 619 of the Dodd-Frank Act. Section 619 is commonly referred to as the "Volcker Rule."
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Notice of its intention to require savings and loan holding companies (SLHCs) to submit the same reports as bank holding companies (BHCs), beginning with the March 31, 2012, reporting period. (1) Annual Report of Bank Holding Companies [FR Y-6], (2) Annual Report of Foreign Banking Organizations [FR Y-7], (3) Financial Statements for Bank Holding Companies, [FR Y-9C, FR Y-9LP, FR Y-9SP, FR Y-9ES, and FR Y-9CS], (4) Report of Changes in Organizational Structure [FR Y-10], (5) Financial Statements for Nonbank Subsidiaries of U.S. Bank Holding Companies [FR Y-11 and FR Y-11S], (6) Financial Statements of Foreign Subsidiaries of U.S. Banking Organizations [FR- 2314 and FR-2314S], (7) Bank Holding Company Report of Insured Depository Institutions' Section 23A Transactions with Affiliates [FR Y-8], and (8) Consolidated Bank Holding Company Report of Equity Investments in Nonfinancial Companies, and the Annual Report of Merchant Banking Investments Held for an Extended Period [FR Y-12 and FR Y-12A].
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The Board is requesting comment on two alternative interchange fee standards that would apply to all covered issuers: one based on each issuer's costs, with a safe harbor (initially set at 7 cents per transaction) and a cap (initially set at 12 cents per transaction); and the other a stand-alone cap (initially set at 12 cents per transaction). Under both alternatives, circumvention or evasion of the interchange fee limitations would be prohibited. The Board also is requesting comment on possible frameworks for an adjustment to the interchange fees to reflect certain issuer costs associated with fraud prevention.
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Proposal to revise the Consolidated Reports of Condition and Income (Call Report) for banks, the Thrift Financial
Report (TFR) for savings associations, the Report of Assets and Liabilities of U.S. Branches and Agencies of Foreign
Banks (FFIEC 002), and the Report of Assets and Liabilities of a Non-U.S.Branch that is Managed or Controlled by a U.S. Branch or Agency of a Foreign (Non-U.S.) Bank (FFIEC 002S), all of which are currently approved collections of information.
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