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Fed to roll out new bank application filing system at the end of October
On October 6, the Federal Reserve Board announced that the current bank application filing system will be replaced with a new, upgraded cloud-based system known as FedEZFile later this month. The Fed stated that while the substantive requirements of the applications will remain the same, the new system will make the filing process more intuitive. Paper applications and communications will also be minimized. Under the system, applicants will be provided real-time status tracking, two-way messaging, and the ability to digitally sign documents. A webinar on the new system is forthcoming.
OCC releases bank supervision operating plan for FY 2023
On October 6, the OCC’s Committee on Bank Supervision released its bank supervision operating plan for fiscal year 2023. The plan outlines the agency’s supervision priorities and highlights several supervisory focus areas including: (i) strategic and operational planning; (ii) operational resiliency; (iii) third-party oversight and risk management; (iv) credit risk management with a focus on new products, areas of highest growth, and portfolios representing concentrations; (v) allowances for credit losses (ACL), including instances where ACL processes use third-party modeling techniques; (vi) interest rate risk; (vii) liquidity risk management; (viii) consumer compliance management systems with a focus on how programs are disclosed in relation to UDAP and UDAAP statutes; (ix) Bank Secrecy Act/AML compliance; (x) fair lending risks; (xi) Community Reinvestment Act strategies and the potential for modernization rulemaking; (xii) new products and services in areas such as payments, fintech, and digital assets; and (xiii) climate-change risk management. The plan will be used by OCC staff to guide the development of supervisory strategies for individual national banks, federal savings associations, federal branches and agencies of foreign banking organizations, and certain identified third-party service providers subject to OCC examination.
The OCC will provide updates about these priorities in its Semiannual Risk Perspective, as InfoBytes has previously covered here.
OCC announces updated FFIEC cyber resource guide
On October 6, the OCC announced that the Federal Financial Institutions Examination Council (FFIEC) issued an update to the FFIEC Cybersecurity Resource Guide for Financial Institutions. According to the OCC, the 2022 FFIEC Cybersecurity Resource Guide for Financial Institutions provides a list of voluntary programs and actionable initiatives that are intended to help financial institutions meet their security control objectives and respond to cyber incidents. The 2022 guide rescinds and replaces the 2018 guide, and applies to a wide range of financial institutions including community banks. Highlights of the guidance include: (i) updated resource links for the Assessment, Exercise, Information Sharing, and Response and Reporting categories; and (ii) new ransomware specific resources.
Fed announces pilot climate scenario analysis for large banks
On September 29, the Federal Reserve Board announced that six of the nation’s largest banks will participate in a pilot climate scenario analysis exercise intended to enhance the ability of supervisors and firms to measure and manage climate-related financial risks. The Fed noted that the scenario analysis, in which the resilience of banks is assessed under different hypothetical climate scenarios, is an emerging tool for assessing climate-related financial risks. The Fed further noted that the process is exploratory in nature and that “there will be no capital or supervisory implications from the pilot.” Over the course of the exercise, the participating banks will analyze the impacts of hypothetical climate scenarios on specific portfolios and business strategies. The climate analysis will be separate and distinct from bank stress tests, which are designed to assess whether large banks have enough capital to continue lending to households and businesses during a severe recession. The Fed noted that the climate scenario analysis "can assist firms and supervisors in understanding how climate-related financial risks may manifest and differ from historical experience.”
Fed finalizes debit card transaction requirement changes
On October 3, the Federal Reserve Board adopted a final rule amending Regulation II, which implements Section 920 of the EFTA, to require that each debit card transaction, including “card-not-present” transactions, must be able to be processed on at least two unaffiliated payment card networks. The final rule, which is substantially similar to the Fed’s notice of proposed rulemaking issued in May 2021 (covered by InfoBytes here), also clarified that the debit card issuer is responsible for ensuring at least two unaffiliated networks have been enabled to process a debit card transaction, and standardizes and clarifies the use of certain terminology in the Fed’s Official Board Commentary on Regulation II. The Fed noted that when the rule was initially issued in 2011, the market had not yet developed solutions to broadly support multiple networks for card-not-present debit card transactions. Claiming technology has since evolved to address these challenges, the Fed said the final rule includes changes to make it easier for debit card issuers to determine whether they are in compliance and encourages competition between networks. The Fed noted, however, that the final rule does not modify interchange fee requirements. The agency said it will continue to review these requirements in light of recently collected debit card industry cost data, and may propose to modify these requirements in the future. The final rule is effective July 1, 2023.
Federal Reserve Governor Michelle W. Bowman voted against adopting the final rule. “During the public comment process, community banks raised substantial concerns with the proposal,” she said. “Although the Board has attempted to identify the likely effects of the proposed rule based on available information, I believe that significant questions remain about how the rule will affect banks, and particularly community banks, with respect to both fraud and the cost of compliance. Given this continued uncertainty, I do not support the final rule.”
Agencies say “living will” guidance for large banks is forthcoming
On September 30, the FDIC and Federal Reserve Board jointly announced that resolution plan guidance for Category II and Category III banking organizations is forthcoming. Large banks that fall withing these categories are generally those with more than $250 billion in total assets but that are not global systemically important banks (G-SIBs). “Larger and more complex banks are already subject to guidance from the agencies,” the agencies said, explaining that Category II and III banks have not received resolution plan guidance yet. These plans—commonly known as “living wills”—outline a bank’s strategy for rapid and orderly resolution under bankruptcy in the event of financial distress or failure. An opportunity for public comment on the guidance will be provided before it is finalized.
FDIC releases August enforcement actions
On September 30, the FDIC released a list of administrative enforcement actions taken against banks and individuals in August. During the month, the FDIC made public seven orders consisting of “one consent order, one order terminating consent order, two orders of prohibition from further participation and three orders granting permission to file application and approving application for consent to participate in the conduct of the affairs of any insured depository institution.” Among the orders is a consent order imposed against a Mississippi-based bank by the FDIC and the Mississippi Department of Banking and Consumer Finance, which alleged that the bank engaged in unsafe or unsound banking practices or violations of law relating to the Bank Secrecy Act (BSA). While the bank consented to the action, it did so without admitting or denying any charges. Under the consent order, the bank must, among other things: (i) develop, adopt, and implement a written customer due diligence program; (ii) develop and establish a system of internal controls; and (iii) establish and maintain an independent testing program for compliance with the BSA and its implementing rules and regulations. The bank must also “conduct a lookback review all transactions of $3M or more starting with July 1, 2020, through February 28, 2022, to ensure all suspicious activity is identified, investigated and/or a SAR filed or a documented decision not to file is completed.”
OCC issues $6 million penalty against national bank, terminates formal agreement
On September 27, the OCC announced a $6 million civil money penalty against a national bank for alleged unsafe or unsound practices related to a low-document mortgage loan program offered by the bank. According to the OCC, from mid-2011 to December 2019, the bank allegedly, among other things: (i) originated numerous loans that had false or fraudulent loan applications; (ii) falsified applicants’ information on supporting loan documents; (iii) failed to make a reasonable and good faith determination of applicants’ ability to repay; (iv) failed to ensure that documents used to verify applicants’ employment, income, and assets obtained from third parties, were reasonably reliable and accurate; (v) failed to properly disclose fees to third-party mortgage brokers on loan estimates and closing disclosures; and (vi) failed to implement an adequate system of Bank Secrecy Act/anti-money laundering internal controls and failed to file Suspicious Activity Reports in a timely manner. The bank must pay a $6 million civil penalty to the U.S. Treasury Department. The OCC also terminated a 2019 formal agreement between the OCC and the bank to remediate unsafe or unsound practices and violations of law. The OCC found that the bank implemented corrective actions required by the agreement and is in compliance with the enforcement action. The OCC also noted that it is continuing “to review the conduct of institution-affiliated parties subject to OCC jurisdiction who were associated with the now-ceased [program],” and that the “work remains ongoing.”
Agencies announce hurricanes Fiona and Ian disaster relief guidance
On September 29, the FDIC, Federal Reserve Board, NCUA, OCC, and the Conference of State Bank Supervisors issued a joint interagency statement covering supervisory practices for financial institutions affected by Hurricanes Fiona and Ian. Among other things, the agencies informed institutions facing operational challenges that the regulators will expedite requests for temporary facilities, noting that in most cases, “a telephone notice to the primary federal and/or state regulator will suffice initially to start the approval process, with necessary written notification being submitted shortly thereafter.” The agencies also called on financial institutions to “work constructively” with affected borrowers, noting that “prudent efforts” to adjust or alter loan terms in affected areas “should not be subject to examiner criticism.” Institutions facing difficulties in complying with any publishing and reporting requirements should contact their primary federal and/or state regulator. Additionally, the agencies noted that institutions may receive Community Reinvestment Act consideration for community development loans, investments, or services that revitalize or stabilize federally designated disaster areas. Institutions are also encouraged to monitor municipal securities and loans impacted by Hurricanes Fiona and Ian.
HUD also announced disaster assistance for areas in Puerto Rico affected by Hurricane Fiona. The disaster assistance follows President Biden’s major disaster declaration on September 21. According to the announcement, effective immediately, HUD is issuing 29 regulatory and administrative waivers intended to provide flexibility and relief to impacted communities. The waivers cover the following HUD programs: The Community Development Block Grant Program, HOME Investment Partnerships Program, Housing Opportunities for Persons with AIDS Program, Continuum of Care Program, and Emergency Solutions Grant Program. HUD is also providing an automatic 90-day moratorium on foreclosures of FHA-insured home mortgages for covered properties effective September 21, as well as for mortgages to Native American borrowers guaranteed under Section 184 Indian Home Loan Guarantee program and home equity conversion mortgages. HUD is also making various FHA insurance options available to victims whose homes require repairs or were destroyed or severely damaged. HUD’s Section 203(h) program allows borrowers from participating FHA-approved lenders to obtain 100 percent financing, including closing costs, for homes in which “reconstruction or replacement is necessary.” Additionally, HUD’s Section 203(k) loan program will allow individuals to finance the purchase of a house, or refinance an existing house and the costs of repair, through a single mortgage. The program also allows homeowners with damaged property to finance the repair of their existing single-family homes. HUD will also share information on housing providers and HUD programs with FEMA and the state, and will provide flexibility to public housing agencies. Similar disaster assistance measures were also announced (see here and here) for areas of Alaska affected by severe storms, flooding, and landslides from September 15-20, and areas in Florida impacted by Hurricane Ian.
The FDIC also issued FIL-42-2022 to provide regulatory relief to financial institutions and help facilitate recovery in areas of Puerto Rico affected by Hurricane Fiona from September 17 and later. The FDIC acknowledged the unusual circumstances faced by institutions affected by the storms and suggested that institutions work with impacted borrowers to, among other things: (i) extend repayment terms; (ii) restructure existing loans; or (iii) ease terms for new loans to those affected by the severe weather, provided the measures are done “in a manner consistent with sound banking practices.” Additionally, the FDIC noted that institutions “may receive favorable Community Reinvestment Act consideration for community development loans, investments, and services in support of disaster recovery.” The FDIC will also consider regulatory relief from certain filing and publishing requirements.
Additionally, the OCC issued a proclamation permitting OCC-regulated institutions, at their discretion, to close offices affected by Hurricane Ian in Florida “for as long as deemed necessary for bank operation or public safety.” The proclamation directed institutions to OCC Bulletin 2012-28 for further guidance on actions they should take in response to natural disasters and other emergency conditions. According to the 2012 Bulletin, only bank offices directly affected by potentially unsafe conditions should close, and institutions should make every effort to reopen as quickly as possible to address customers’ banking needs.
NYDFS also issued an industry letter advising state-regulated financial institutions to take reasonable and prudent measures to assist consumers and businesses affected by Hurricane Fiona in Puerto Rico. The guidance recommends that financial institutions (i) waive ATM and overdraft fees; (ii) increase ATM withdrawal limits; (iii) ease restrictions on cashing out-of-state and non-customer checks; (iv) ease credit terms for new loans; (v) increase credit card limits for creditworthy customers; (vi) waive late fees on credit card and other loan balances; (vii) work with customers to defer payments or extend payment due dates on loans to help prevent delinquencies and negative credit reporting caused by disaster-related disruptions; and (viii) work with money transmitters and money services businesses to facilitate and expedite the transmission of funds. The actions are intended to help ease financial burdens for New Yorkers seeking to support individuals located in Puerto Rico, as well as consumers in Puerto Rico who hold New York bank accounts.
Fed takes action against bank for flood insurance violations
On September 27, the Federal Reserve Board announced a civil money penalty against a Pennsylvania-based bank. In the order, the Fed alleged that the bank violated the National Flood Insurance Act (NFIA) and Regulation H. The order assesses a $41,500 penalty against the bank for an alleged pattern or practice of violations of Regulation H, but does not specify the number or the precise nature of the alleged violations. The maximum civil money penalty under the NFIA for a pattern or practice of violations is $2,392 per violation.