Appendix K

Equal Employment Opportunity 

Commission
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Washington, D.C. 20507

Office of

Communications and

Legislative

Affairs

January 5, 2018

The Honorable Trey Gowdy 

Chairman

Committee on Oversight and Government Reform

U.S. House of Representatives

Washington, D.C. 20515

Dear Chairman Gowdy:

This is in response to your letter dated December 8, 2017 to Equal Employment 

Opportunity Commission (EEOC or Commission) Acting Chair Victoria A. Lipnic, requesting a 

list of all guidance documents issued by the Commission since January 1, 2008, as part of the

Committee’s effort to better understand how and when federal agencies issue guidance 

documents. As you know, the Commission enforces the federal equal employment opportunity 

(EEO) laws, including Title VII of the Civil Rights Act of 1964 (Title VII), Titles I and V of the 

Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), 

and other EEO laws.1 The EEOC is committed to working with the Committee.

Your letter of December 8, 2017 (12/8/17 letter) accurately observes that federal agencies 

use a variety of names for guidance documents, for example, memoranda, policy statements, 

manuals, circulars, bulletins, advisories, or guidance. To identify a definition of the term 

“guidance document,” your letter references the definition used by the Office of Management 

and Budget, Office of Information and Regulatory Affairs (OMB) that a “guidance document” is 

“an agency statement of general applicability and future effect that sets forth a policy on a 

statutory, regulatory, or technical issue or an interpretation of a statutory or regulatory issue.”2

The EEOC has a dedicated page on its website for “Subregulatory Guidance,” 

https://www.eeoc.gov/laws/guidance/index.cfm, which defines this term consistent with OMB’s 

definition of a “guidance document.” The EEOC states that its guidance “communicates policy 

positions of the Commission on important EEO legal issues . . . ” and “express[es] official 

agency policy [that is] used to explain how the laws and regulations apply to specific workplace 

 

1 For a complete list of EEOC-enforced laws, see https://www.eeoc.gov/laws/statutes/index.cfm. 

2 Letter of 12/8/17 at note 2. OMB’s definition in its Good Guidance Practices states in that a “guidance document” 

is “an agency statement of general applicability and future effect, other than a regulatory action (as defined in 

Executive Order 12866, as further amended), that sets forth a policy on a statutory, regulatory, or technical issue or 

an interpretation of a statutory or regulatory issue.” OMB Bulletin for Agency Good Guidance Practices §I (3), 72 

FR 3439 (January 25, 2007).
The Honorable Trey Gowdy

Page Two

situations.” Subregulatory guidance documents are subject to a Commission vote because they 

establish official agency positions; each guidance document listed below was approved by a 

majority of the EEOC’s Commissioners. 3 As noted on our “Subregulatory Guidance” web page, 

the EEOC uses the terms Compliance Manual, Enforcement Guidance, Policy Guidance, or 

Policy Statement to refer to “guidance documents.” Consistent with OMB’s 2007 definition of 

“guidance document” in the Bulletin on Good Guidance Practices, see note 2, the EEOC 

understands regulations and their accompanying preambles as distinct from subregulatory 

guidance.4

The following guidance has been issued by the Commission since January 1, 2008:

 Compliance Manual: Religious Discrimination (approved by unanimous vote and 

released online July 22, 2008)

https://www.eeoc.gov/policy/docs/religion.html

This Compliance Manual section updated a 1984 Compliance Manual section by the 

same title to reflect new case law and consolidate in one document a series of policy 

statements that the Commission had issued between 1984 and 2008. In 2003, the agency 

held a series of meetings with more than 60 religious groups, employer groups, unions, 

and secular civil liberties groups to receive public input on contemplated guidance 

updates, and again in 2008 with more than such 35 such groups. The Commissioners 

held a public Commission meeting to deliberate and vote on the guidance. The meeting 

was announced and publicized in advance by both a notice in the Federal Register

pursuant to the Sunshine Act5and by press release.

6

 Among other subjects, this 

Compliance Manual section addresses disparate treatment based on religion, the 

requirement of reasonable accommodation for religious beliefs and practices, religionbased harassment, and retaliation. 

https://www.eeoc.gov/laws/guidance/arrest_conviction.cfm

 

3 The EEOC Chair may approve specific resource documents that speak to current events or different audiences if 

those resource documents are fully consistent with established EEOC policy positions that have been approved by a 

majority of the EEOC Commissioners. For example, each of the guidance documents identified in this letter was 

accompanied by a short question-and answer publication that summarized the guidance and/or a short small business 

fact sheet that condensed in non-legal language the major points of the guidance document. The EEOC Chair 

approved these resource documents without another Commission vote. Resource documents that do not create new 

policy have also been issued in other formats, such as Best Practices and “What-You-Should-Know” fact sheets. 

4

 For new, proposed, and existing EEOC regulations, see https://www.eeoc.gov/laws/regulations/index.cfm. 

5

 See https://www.gpo.gov/fdsys/pkg/FR-2008-07-16/pdf/08-1441.pdf.

6 See https://www.eeoc.gov/eeoc/newsroom/release/archive/7-17-08.html. 
The Honorable Trey Gowdy

Page Three

 Enforcement Guidance on Employer Use of Arrest and Conviction Records in 

Employment Decisions under Title VII of the Civil Rights Act of 1964 (approved by 

majority vote and released online April 25, 2012)

This guidance consolidates prior policy guidance about Title VII and conviction records 

approved by the Commission in 1987 under Chair Clarence Thomas, and about Title VII 

and arrest records approved by the Commission in 1990 under Chair Evan Kemp. The

2012 guidance updates relevant data, consolidates the 1987 and 1990 EEOC policy 

statements on this issue, and addresses court decisions that called on the Commission to 

provide a more detailed legal rationale for its positions than it did in the 1987 and 1990 

guidance documents. The 2012 guidance illustrates how Title VII applies to various 

scenarios that an employer may encounter when considering the arrest or conviction 

history of a current or prospective employee. During the development of this guidance, 

the Commission held public meetings on this topic in 2008 and 2011 that were

announced in advance in the Federal Register7as well as by press release.

8

 Following the 

2011 Commission meeting, the EEOC issued a press release summarizing the testimony 

received, and publicizing that the record would be kept open for public comments 

afterwards.

9 The Commission also posted on its website the full meeting transcript and 

written witness statements. Approximately 300 comments were received.10 Following 

consideration of all this input, the guidance was considered and approved at an additional 

Commission meeting that was publicized in advance by Federal Register notice11 and 

press release.

12

 

7 See https://www.gpo.gov/fdsys/pkg/FR-2008-11-12/pdf/E8-26968.pdf and https://www.gpo.gov/fdsys/pkg/FR2011-07-19/pdf/2011-18308.pdf. 

8 See https://www.eeoc.gov/eeoc/newsroom/release/archive/11-18-08.html and 

https://www.eeoc.gov/eeoc/newsroom/release/7-20-11.cfm. 

9 See https://www.eeoc.gov/eeoc/newsroom/release/7-26-11.cfm. 

10 The Commission uses a variety of methods to solicit and receive input from the public on proposed enforcement 

guidance to ensure it is developed through a well-informed process. The Commission may hold a public meeting to 

hear testimony from witnesses, including experts in the issue being examined. The EEOC publicly announces these 

meetings at least a week in advance in the Federal Register, pursuant to the Sunshine Act. Since June 2011, the 

Commission also has, as a matter of routine practice, left the meeting record open for the 15 days afterwards for 

written input from the general public. Where obtaining additional public input will aid the Commission's 

development of a proposed guidance document, the Commission has, since January 2016, published draft guidance 

on www.regulations.gov for public input before it is finalized.

11 See https://www.gpo.gov/fdsys/pkg/FR-2012-04-23/pdf/2012-9796.pdf. 

12 See https://www.eeoc.gov/eeoc/newsroom/release/4-19-12.cfm. 
The Honorable Trey Gowdy

Page Four

 Enforcement Guidance: Pregnancy Discrimination and Related Issues (originally 

approved by majority vote and released online July 14, 2014; revised guidance approved 

by majority vote and released online June 25, 2015)

https://www.eeoc.gov/laws/guidance/pregnancy_guidance.cfm

This guidance addresses: application of the Pregnancy Discrimination Act (PDA) to 

current, past, and potential pregnancy; termination or refusal to hire someone because she 

is pregnant and other prohibited employment actions based on pregnancy; application of 

the PDA to lactation and breastfeeding; prohibition of forced leave policies; the 

obligation to treat women and men the same with respect to parental leave policies; and 

access to health insurance. The guidance also addresses application of Title I of the 

Americans with Disabilities Act (ADA) to pregnancy-related disabilities. During the 

development of this guidance, the Commission held a public meeting that was publicized

in advance by Federal Register notice13 and press release.

14 Following the meeting, the 

Commission issued a press release summarizing the testimony received, and publicizing 

that the record would be kept open following the meeting to facilitate public comment.

15

 

The Commission also posted on its website the full meeting transcript and written witness 

statements. Following the meeting, approximately 15 organizations and individuals 

provided additional input. Following consideration of all public input, the guidance was 

originally issued in 2014, and then was subsequently revised and approved for reissuance following the Supreme Court decision in Young v. United Parcel Serv., Inc., 575 

U.S. __, 135 S. Ct. 1338 (2015). 

 Enforcement Guidance on Retaliation and Related Issues (approved by majority vote 

Aug. 25, 2016, and released online August 29, 2016)

https://www.eeoc.gov/laws/guidance/retaliation-guidance.cfm 

This guidance updates the Compliance Manual section on retaliation issued in 1998, reflecting 

seven U.S. Supreme Court decisions issued since 1998 relating to retaliation under EEOCenforced laws. The guidance also addresses the separate “interference” provision under section 

503(b) of the ADA, which prohibits coercion, threats, or other acts that interfere with the 

exercise of ADA rights. In preparing the guidance, the agency considered the stakeholder views 

expressed at the June 17, 2015 Commission Meeting held on this topic, which were summarized 

in a subsequently issued press release along with posting on the Commission’s website of the full 

meeting transcript and written witness statements.

16

 In addition, the Commission published a 

proposed version of the 

 

13 See https://www.gpo.gov/fdsys/pkg/FR-2012-02-09/pdf/2012-3175.pdf. 

14 See https://www.eeoc.gov/eeoc/newsroom/release/2-8-12.cfm. 

15 See https://www.eeoc.gov/eeoc/newsroom/release/2-15-12.cfm. 

16 See https://www.eeoc.gov/eeoc/newsroom/release/6-17-15.cfm.
The Honorable Trey Gowdy

Page Five

guidance (without finality or legal effect) for public input through www.regulations.gov, 

as well as inter-agency review. After considering all input received, including feedback 

from approximately 60 organizations and individuals, the Commission approved the final 

guidance. The EEOC gave prior notice to the Office of Management and Budget of both 

the proposed and final guidance, but OMB did not ask to review the document.

 Enforcement Guidance on National Origin Discrimination (approved by majority vote 

Nov. 18, 2016, and released online Nov. 21, 2016)

https://www.eeoc.gov/laws/guidance/retaliation-guidance.cfm

This guidance updated the Compliance Manual section on this topic issued in 2002. 

The 2016 guidance discusses Title VII's prohibition on national origin discrimination as 

applied to a wide variety of employment situations and highlights promising practices for 

employers to prevent discrimination. The guidance also addresses developments in the 

courts since 2002, and topics such as job segregation, human trafficking, and 

intersectional discrimination. In preparing the guidance, the agency considered the 

stakeholder views expressed at the November 13, 2013 Commission Meeting held on this 

topic, which were summarized in a subsequently issued press release along with posting 

on the Commission’s website of the full meeting transcript and written witness 

statements.

17

 In addition, the Commission published a proposed version of the guidance 

(without finality or legal effect) for public input through www.regulations.gov, as well as 

inter-agency review. After considering all input received, including feedback from more 

than 20 organizations and individuals, the Commission approved the final guidance. The 

EEOC gave prior notice to the Office of Management and Budget of both the proposed 

and final guidance, but OMB did not ask to review the document.

In response to the other inquiries you posed, the Commission did not deem the foregoing 

guidance as “significant” under OMB’s Good Guidance Practices because it updated existing, 

published guidance and did not involve “novel legal or policy issues.”18 Beginning in January 

2016, the EEOC began an informal practice of obtaining public input on guidance by publishing 

a proposal on www.regulations.gov, following a process similar to that used for regulations, even 

though not required by the Administrative Procedure Act. As noted above, for both of the 2016 

guidance documents (Retaliation and National Origin), the EEOC gave OMB notice prior to 

issuing both the proposed and final versions. OMB did not request to review any of these 

documents before issuance. The EEOC’s Regulatory Reform Task Force is in the process of 

reviewing all EEOC guidance, including the above. 

 

17 See https://www.eeoc.gov/eeoc/newsroom/release/11-13-13.cfm.

18OMB’s “Final Bulletin for Agency Good Guidance Practices, 72 Fed. Reg. 3432, 3439 (Jan. 25, 2007), provides 

that the term “significant guidance document,” as defined in E.O. 12866, as further amended, section 3(h), 

encompasses documents that may be reasonably anticipated to have a specified threshold economic effect, create 

inconsistency with actions by another agency, materially alter various budget impacts, or “[r]aise novel legal or 

policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in Executive Order 

12866, as further amended.” 
The Honorable Trey Gowdy

Page Five

We hope this information is helpful and responsive to your request. 

Sincerely,

/S/

Brett A. Brenner

Acting Director

Office of Communications 

 and Legislative Affairs

cc: The Honorable Mark Meadows

 The Honorable Jim Jordan

The Honorable Gary J. Palmer

The Honorable Blake Farenthold

The Honorable Elijah E. Cummings

The Honorable Gerald E. Connolly

The Honorable Raja Krishnamoorthi

The Honorable Val Butler Demings

The Honorable Stacey E. Plaskett
Appendix L 

Department of Energy
1

Holmes, Lauren (Intern)

From: Jewell, Matthew 

Sent: Thursday, December 21, 2017 4:59 PM

To: Vance, Sarah

Cc: Lesinski, James

Subject: RE: OGR Dec 8 request re Guidance Documents

Sarah, 

We are still working on gathering information for our formal response. In the meantime, I have provided a link to all the 

guidance documents for our Appliance Standards which falls under the Office of Energy Efficiency and Renewable 

Energy.  Please let me know if you have any questions.  

https://www1.eere.energy.gov/guidance/default.aspx?pid=2&spid=1

Thanks, 

Matthew L. Jewell 

Legislative Affairs Advisor  

U.S. Department of Energy 

From: Vance, Sarah 

Sent: Thursday, December 21, 2017 2:22 PM 

To: ;

Cc: Lesinski, James <James.Lesinski@mail.house.gov> 

Subject: OGR Dec 8 request re Guidance Documents 

Good afternoon – Attached is a letter we sent your office on Friday, December 8. Forgive me if you’ve been in contact 

with any of my coworkers on this, but I want to check‐in since the deadline is tomorrow and we’re aiming for staff to 

start reviewing productions from the agencies – even if the production isn’t complete. We understand it’s a big lift! Is 

your team working on a response by tomorrow? Let me know when you can. 226‐2397.  Thank you. 

Sarah Vance 

Staff Director | Subcommittee on Healthcare, Benefits, and Administrative Rules 

Oversight and Government Reform Committee | Chairman Trey Gowdy 

U.S. House of Representatives 

| O’Neill House Office Building 
Appendix M 

Environmental Protection Agency 










Document ID Title Form Description Issuance Date Agency Program Significant? Did OIRA Review? Title for OIRA Review Date Submitted to OIRA Was it submitted to Congress and GAO? Title Submitted to Congress and GAO Date Submitted to Congress and GAO Does the Reg Reform Task Force Plan to 

EPA-453/B-16-001

Control Technique Guidelines (CTGs) for the Oil and Natural Gas Industry Guidance

Technology Controls for Existing Oil and Gas Sources in Ozone Nonattainment Areas 10/20/2016 EPA

Office of Air and 

Radiation: Office of Air 

Quality Planning and 

Standards Yes Yes

Control Techniques Guideline for the Oil and Natural Gas Sector 6/28/2016 No N/A N/A No 

EPA-420-B-10-008

Guidance for Implementing Section 141 of the Energy Independence and Security Act of 2007 Guidance Federal Vehicle Fleets and Low GHG Vehicles 2/22/2010 EPA

Office of Air and 

Radiation: Office of 

Transportation and Air 

Quality Yes Yes

2007 Energy Independence and Security Act, Section 141, Federal Vehicle Fleets, Guidance For Federal Agencies 9/08/2009 No N/A N/A No

EPA-HQ-OAR-2016-022

Guidance on the Preparation of Exceptional Events Demonstrations for Wildfire Events that May Influence Ozone Concentrations Guidance

Guidance to assist air agencies preparing for exceptional events demonstrations for wildfire influences on ozone concentrations that meet Clean Air Act section 319(b) and the Exceptional Events rule. 9/16/2016 EPA

Office of Air and 

Radiation: Office of Air 

Quality Planning and 

Standards Yes Yes

Guidance on the Preparation of Exceptional Events Demonstrations for Wildfire Events that May Influence Ozone Concentrations 6/22/2016 No N/A N/A No 

EPA-HQ-OAR-2010-084

PSD and Title V Permitting Guidance for Greenhouse Gases Guidance

Guidance for permit writers and permit applicants in addressing PSD and Title V program requirements for GHG emissions, which began in January 2011. 11/10/2010 EPA

Office of Air and 

Radiation: Office of Air 

Quality Planning and 

Standards Yes Yes

PSD and Title V Permitting Guidance for GHG 9/15/2010 No N/A N/A No

EPA-HQ-OPPT-2017-0341-0002

Guidance to Assist Interested Persons in Developing and Submitting Draft Risk Evaluations Under the Toxic Substances Control Act Guidance TSCA Risk Evaluation Guidance 7/20/2017 EPA

Office of Chemical 

Safety and Pollution 

Prevention: Office of 

Pollution Prevention and 

Toxics Yes Yes

3rd Party TSCA RA Guidance (6039) 6/13/2017 No N/A N/A No 

N/A

Working in Partnership with States to Address Phosphorus and Nitrogen Pollution through Use of a Framework for State Nutrient Reductions Memorandum

Reaffirms EPA's commitment to partnering with states and collaborating with stakeholders to make greater progress in accelerating the reduction of nitrogen and phosphorus loadings to our nation's waters. 3/16/2011 EPA Office of Water Yes No

N/A

A New Long-Term Vision for Assessment, Restoration, and Protection under the Clean Water Act Section 303(d) Program Memorandum

To improve implementation of the CW A 303(d) Program, State and the EPA program managers began a collaborat.ive process in August 2011 to develop a new framework for managing program responsibilities, which is now articulated in this Vision 12/5/2013 EPA

Office of Water: Office 

of Wetlands, Oceans, 

and Watersheds Yes No

N/A

Renewed Call to Action to Reduce Nutrient Pollution and Support for Incremental Memorandum

The continued need for action to address impacts to public health from nitrate in soruces of drinking water and from nitorgen and phosphorus pollution contributing to harmful algal blooms. 9/22/2016 EPA Office of Water Yes No

EPA-816-R-14-001

Permitting Guidance for Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels: Underground Injection Control Program Guidance #84 Guidance

This guidance provides technical recommendations for protecting underground sources of drinking water (USDWs) from potential endangerment posed by hydraulic fracturing (HF) activities where diesel fuels are used. 2/1/2014 EPA Office of Water Yes Yes

Permitting Guidance for 

Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels: Underground Injection Control Program Guidance #84 10/21/2013

No, but EPA 

notified Congress 

of the guidance in a 

Cabinet Report in 

September 2013 

(prior to release). N/A N/A No

CD-14-18 (LDV/LDT/ICI/LIMO)

E85 Flexible Fuel Vehicle Weighting Factor for Model Year 2016-2018 Vehicles Guidance

Provides the weighting factor that auto manufacturers may use in calculating flex fuel vehicle emission credits 

under the light-duty greenhouse gas program for model year 2016-2018 vehicles 11/12/2014 EPA

Office of Air and 

Radiation: Office of 

Transportation and Air 

Quality Yes No N/A N/A No N/A N/A No

OSWER-9200.2-154

OSWER Technical Guide for Assessing and 

Mitigating the Vapor Intrusion Pathway from Subsurface Vapor Sources to Indoor Air Guidance Technical guidance for evaluating vapor intrusion 6/2/2015 EPA

Office of Land and 

Emergency 

Management Yes Yes Vapor Intrusion Guidance 8/13/2014 No N/A N/A No

EPA-530-K-08-001 Planning for Natural Disaster Debris Guidance

Guidance for Local Communities who are encouraged to create disaster debris management plans. 3/25/2008 EPA

Office of Land and 

Emergency 

Management: Office of 

Resource Conservation 

and Recovery Yes Yes

Planning for Natural Disaster Debris 1/11/2008 No N/A N/A No

Guidelines for Evaluating the Post-Closure Care Period for Hazardous Waste Disposal Facilities under Subtitle C of RCRA Guidance

Guidance to assist regulators in evaluating the length of the post-closure care period for hazardous waste disposal facilities subject to Subtitle C of the Resource Conservation and Recovery Act (RCRA) 12/15/2016 EPA

Office of Land and 

Emergency 

Management: Office of 

Resource Conservation 

and Recovery Yes Yes

Guidelines for Evaluating and Adjusting the PostClosure Care Period for Hazardous Waste Disposal Facilities under Subtitle C of RCRA 9/9/2016 No N/A N/A No

Revisions to the Nov. 22, 2002 Memorandum 'Establishing TMDL Wasteload Allocations for Stormwater Sources and NPDES Permit Requirements Based on those WLAs' Memorandum

Guidance to update previous memo on the subject of establishing TMDL Wasteload Allocations (WLAs) for storm water sources and NPDES permit requirements based on those WLAs. 11/26/2014 EPA Office of Water Yes Yes

Revisions to the Nov. 22, 2002 Memorandum "Establishing TMDL Wasteload Allocations for Stormwater Sources and NPDES Permit Requirements Based on those WLAs" 3/13/2012 N/A N/A No

 EPA-402-R-10003

Federal Guidance Report No. 14: Radiation Protection Guidance for Diagnostic and Interventional X-Ray Procedures Guidance

This guidance consists of recommendations to federal facilities that use diagnostic and interventional x-ray equipment for keeping patient doses as low as reasonably achievable without compromising the quality of patient care. This document updates a 1976 X-ray guidance to better reflect the use of modern digital imaging technology and procedures such as computed tomography (CT Scans). 10/22/2014 EPA

Office of Air and 

Radiation Yes Yes

Notice of Availability for Federal Guidance Report No. 14: Radiation Protection Guidance for Diagnostic and Interventional X-Ray Procedures 7/31/2014 No N/A N/A No
Document ID Title Form Description Issuance Date Agency Program Significant? Did OIRA Review? Title for OIRA Review Date Submitted to OIRA Was it submitted to Congress and GAO? Title Submitted to Congress and GAO Date Submitted to Congress and GAO Does the Reg Reform Task Force Plan to 

EPA-400/R-17/001

Protection Action Guidance for Radiological Incidents Guidance

EPA published the Protective Action Guides and 

Planning Guidance for Radiological Incidents ( PAG Manual) as guidance for federal, state and local emergency response authorities for use in their plans to protect the public after a significant radiological or nuclear emergency. This guidance includes PAG trigger levels for making decisions on evacuation, sheltering-in-place, drinking water considerations etc., and it is purposely reflective of other federal agency guides including those used by the Nuclear Regulatory Commission, the Dept. of Health and Human Services, the Food and Drug Administration, the Dept. of Energy, the Department of Homeland Security and others. This published document is an update to an existing EPA 1992 guidance. 10/20/2016 EPA

Office of Air and 

Radiation Yes Yes

Protective Action Guidance for Radiological Incidents 10/21/2016 No N/A N/A No

Page 2 of 2
Appendix N

Export-Import Bank




Appendix O

Federal Depository Insurance Corporation
FDIC

Federal Deposit Insurance Corporation

55017th Street NW, Washington, DC 20429

December 21, 2017

Honorable Trey Gowdy

Chairman

Committee on Oversight and Government Reform

House of Representatives

Washington, D.C. 20515

Dear Chairman Gowdy:

Office of Legislative Affairs

This responds to your letter dated December 8, 2017, requesting information related to

agency guidance documents.

A list containing information responsive to your request is enclosed. A description of how

the list was compiled is also enclosed with this response. As requested by your staff, the agency has

made it a priority to make an initial partial production of responsive information by the requested

due date and will update this list on a rolling basis as additional potentially responsive documents

are reviewed and identified.

If you or Committee staff have any questions, please contact me at or Steve

Primrose at .

Sincerely,

M. Andy Jiminez

Director

Office of Legislative Affairs

Enclosures: (2)

cc: Honorable Elijah E. Cummings, Ranking Member
Identification of Relevant FDIC Guidance Documents

The enclosed document contains a partial listing of FDIC guidance documents that have been

identified as potentially responsive to the Committee's letter dated December 8, 2017. These

documents were identified by a manual search of documents, including, but not limited to, Financial

Institution Letters (FILs), that were issued by the FDIC since January 1, 2008 and intended to

communicate guidance to FDIC supervised institutions and that that also met the guidelines outlined

by majority- staff of the House Committee on Oversight and Government Reform in telephone

discussions on December 12, 2017. As discussed with your staff, FILs or other guidance

documents that contained the terms "guidance," "guideline(s)," "FAQs," "Q&As," or "Questions

and Answers" in their titles have been included on the enclosed list. Only documents issued since

January 1, 2008 and that currently remain in effect are included on the enclosed list. As discussed

with staff, where FDIC guidance was preceded by interim or advisory issuances, including Notices

of Proposed Rulemakings (NPRs) or surveys issued pursuant to the Paperwork Reduction Act, only

the final and effective guidance document is being included on the enclosed list. Additionally, as

discussed with staff, notifications of conference calls or webinars have not been included on the

enclosed list.

As also discussed with your staff, it is not the standard practice of the FDIC to submit all FILs or

agency issuances to Congress or the Government Accountability Office (GAO) unless the document

was subject to a rulemaking under the Administrative Procedure Act. In cases where documents

listed were submitted to the Federal Register, the final Federal Register notice is listed.

As your staff is aware, Section 9 of Executive Order 12866 (as amended by Executive Orders 13258

and 13422), which defines "significant guidance documents" and specifies agency treatment of such

documents, does not apply to independent regulatory agencies (as defined in 44 U.S.C. § 3502(5))

like the FDIC, though the FDIC does work closely with the Office of Management and Budget on

other matters, such as information collections under the Paperwork Reduction Act. Similarly, the

FDIC and other independent agencies are exempt from the requirements of Executive Order 13777,

requiring agencies to establish Regulatory Task Forces to review their existing regulations (See

Apri128, 2017, Memorandum entitled Guidance on Regulatory Reform Accountability under

Executive Order 13777, titled "Enforcing the Regulatory Reform Agenda"). However, under the

Economic Growth and Regulatory Paperwork Reduction Act of 1996 (EGRPRA), the FDIC reviews

all of its regulations and considers how to reduce regulatory burden on insured depository

institutions. In the March 2017 EGRPRA report to Congress, the FDIC stated that it will review its

guidance documents to identify further opportunities for streamlining guidance and reducing

regulatory burden.l

As requested by your staff, the agency has made it a priority to make an initial partial production of

responsive information by the requested due date in the Committee's letter and will update this list

on a rolling basis as additional potentially responsive documents are reviewed and identified.

' See EGRPRA Report to Congress, page 7, March 2017. hops://www.ffiec.gov/pdf/2017_FFIEC EGRPRA JointReport to_Congress.pdf
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

Part 360.9 Detailed Self Assessment Test 

Plan Test Plan Guidance

Provide guidance to covered institutions on how to conduct selfassessment test to be compliant of Part 360.9. Does not establish new 

standard. 9/9/2009 FDIC-DRR CFI

N/A https://www.fdic.gov/regulations/resources/largebankdim/large_

bank_faq_update_2009_09_15_self_assessment_test_plan.pdf

N/A N/A

Part 360.9 Attestation Letter Template Template

For covered institutions to submit attestation letter. Does not 

establish new standard. 9/1/2009 FDIC-DRR CFI

N/A https://www.fdic.gov/regulations/resources/largebankdim/attest

ation_letter_template.pdf N/A N/A

Part 360.9 Reconciliation Template Template

For covered institutions to reconciliation information. Does not 

establish new standard.

last updated 

9/30/2015 FDIC-DRR CFI

N/A https://www.fdic.gov/regulations/resources/largebankdim/Recon

ciliation_Template.xlsx N/A N/A

Part 360.9 Annual Recertification 

questionnaire Template

Template for annual recertification questionnaire. Does not establish 

new standard.

last updated 

1/1/2017 FDIC-DRR CFI

N/A https://www.fdic.gov/regulations/resources/largebankdim/annua

l_recertification_questionnaire_for_2017.pdf N/A N/A

Part 360.9 General Questions FAQs

Provide answers to frequently asked questions for compliance of Part 

360.9. Does not establish new standard.

last updated 

9/30/2015 FDIC-DRR CFI

N/A https://www.fdic.gov/regulations/resources/largebankdim/gener

al_questions.html N/A N/A

Part 360.9 On-site review information FAQs

Provide information for covered instructions to prepare for on-site 

compliance review. Does not establish new standard.

last updated 

9/30/2015 FDIC-DRR CFI

N/A https://www.fdic.gov/regulations/resources/largebankdim/onsite

_testing.html N/A N/A

Part 360.9 Standard data file structure 

and format FAQs

Provide answers to questions regarding standard data file structure 

and format. Does not establish new standard.

last updated 

9/30/2015 FDIC-DRR CFI

N/A https://www.fdic.gov/regulations/resources/largebankdim/stand

ard_data_structure.html N/A N/A

Part 360.9 File transmission FAQs

Provide answers to questions regarding secure file transmission 

between covered instructions and the FDIC. Does not establish new 

standard.

last updated 

9/30/2015 FDIC-DRR CFI

N/A https://www.fdic.gov/regulations/resources/largebankdim/file_tr

ansmission.html

N/A N/A

Part 360.9 General Resolution 

Information FAQs

Describe the timing of events that would occur in the event of failure, 

including the posting and removal of provisional holds and the 

generation of standard data files. Does not establish new standard

last updated 

9/30/2015 FDIC-DRR CFI

N/A https://www.fdic.gov/regulations/resources/largebankdim/resolu

tion_info.html

N/A N/A

Part 360.9 Deposit Accounts FAQs

Provide clarification on deposit accounts, omnibus account, foreign 

branch deposits, IBFs. Does not establish new standard.

last updated 

9/30/2015 FDIC-DRR CFI

N/A https://www.fdic.gov/regulations/resources/largebankdim/depos

it_accounts.html

N/A N/A

Part 360.9 Sweep accounts FAQs

Provide clarification on sweep investment vehicle products and their 

implication under Part 360.9. Does not establish new standard.

last updated 

9/30/2015 FDIC-DRR CFI

N/A https://www.fdic.gov/regulations/resources/largebankdim/sweep

_accounts.html

N/A N/A

Part 360.9 Provisional Holds FAQs

Provide clarification on provisional holds, thresholds and percentages, 

calculation and placement. Does not establish new standard.

last updated 

9/30/2015 FDIC-DRR CFI

N/A https://www.fdic.gov/regulations/resources/largebankdim/provis

ional_holds.html

N/A N/A

Part 360.9 Removal of Provisional holds FAQs

provide clarification on when and how will provisional hold be 

removed. Does not establish new standard.

last updated 

9/30/2015 FDIC-DRR CFI

N/A https://www.fdic.gov/regulations/resources/largebankdim/remov

al_provisional_holds.html N/A N/A

Part 370 Information Technology 

Functional Guide Guide

Provide guidance to covered institutions regarding expected 

functionalities of systems developed by the covered institutions. Does 

not establish new standard. 3/30/2017 FDIC-DRR CFI

N/A https://www.fdic.gov/regulations/resources/recordkeeping/docu

ments/info-tech-func-guide-for-implement-part370.pdf

N/A N/A

FDIC Guidance of Certain Terms in the 

Single Family Shared-Loss Agreements

Letter to Assuming 

Institutions 

FDIC Guidance of Accrued Interest and OREO Prior to Bank Closing, 

Loan Modification Effective Date and Restructuring Loss Calculation, & 

Mortgage Insurance Proceeds. 6/11/2010 FDIC-DRR

N/A https://www.fdic.gov/bank/individual/failed/lossshare/rsampolicy-on-ore-accrued-interest-06-10-10.pdf

N/A N/A

Guidance RSAM-2010-002 SF terms in 

Loss Share Agreements

Guidance to 

Assuming 

Institutions 

FDIC Guidance to provide guidance to Acquiring Institutions (AIs) and 

DRR Risk Sharing Asset Management Oversight Staff. Policy 

clarification pertains to respective Single Family Shared-Loss 

Agreements - Accrued interest and OREO Prior to Bank Closing, Loan 

Modification Effective Date and Restructuring Loss calculation, and 

Mortgage Insurance Proceeds. 9/7/2010 FDIC-DRR

N/A

https://www.fdic.gov/bank/individual/failed/lossshare/guidancersam-2010-002-sf-terms-in-loss-share-agreements.pdf

N/A N/A

Guidance RSAM-2010-006 Loan Mod 

Guide SFR

Guidance to 

Assuming 

Institutions 

FDIC Loan Modification Guidance Single Family Residential (SFR) 

Loans. 10/25/2010 FDIC-DRR

N/A https://www.fdic.gov/bank/individual/failed/lossshare/guidancersam-2010-006-loan-mod-guide-sfr.pdfN/A N/A

Page 1 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

Guidance RSAM-2010-008 Shared-Loss 

Agreement – Accrued Interest

Guidance to 

Assuming 

Institutions 

The FDIC is issuing this guidance to Assuming Institutions (AIs) to 

provide clarification on the amount of earned and unpaid interest 

(“Accrued Interest”) that the AIs can include in the calculation of 1) the 

Losses under the Single Family Shared-Loss Agreement (“SFSLA”) and 

2) Charge-Offs under the Commercial Shared-Loss Agreement 

(“CSLA”). 12/17/2010 FDIC-DRR

N/A

https://www.fdic.gov/bank/individual/failed/lossshare/guidancersam-2010-008-shared-loss-agreement-accrued-interest.pdf

N/A N/A

Guidance RSAM-2010-009 Commercial 

Loss Mitigation Guidance

Guidance to 

Assuming 

Institutions 

Guidance to Assuming Institutions (AIs) regarding the administration 

of Shared-Loss Loans that are secured by commercial real estate 

(“Shared-Loss CRE Loans”) under the terms of the Commercial SharedLoss Agreement (“CSLA”) when considering Short Sales and 

Discounted Pay-Offs if loan modifications do not present the best net 

present value (NPV) alternative or are not otherwise feasible. 12/17/2010 FDIC-DRR

N/A

https://www.fdic.gov/bank/individual/failed/lossshare/guidancersam-2010-009-commercial-loss-mitigation-guidance.pdf

N/A N/A

Single Point of Contact Protocol

Letter to Assuming 

Institutions 

FDIC Guidance that Assuming Institutions establish an acceptable 

single point of contact protocol to foster communication with 

borrowers under consideration for loan modifications or other loss 

mitigation alternatives. 3/9/2011 FDIC-DRR

N/A https://www.fdic.gov/bank/individual/failed/lossshare/singlepoint-of-contact-letter-to-ais.pdfN/A N/A

Guidance RSAM-2011-012 Government 

and Institutional Guaranteed Loans

Guidance to 

Assuming 

Institutions 

FDIC Guidance for Assuming Institutions (AIs) regarding assets which 

have a governmental and/or private institutional guaranty, as well as 

shared-loss coverage. 4/20/2011 FDIC-DRR

N/A https://www.fdic.gov/bank/individual/failed/lossshare/guidancersam-2011-012-government-insititutional-guaranteed-loans.pdf

N/A N/A

FDIC's Unique Asset Level Identification 

Number Required as of 3/31/2011

Letter to Assuming 

Institutions 

FDIC Guidance that Assuming Institutions’ Certificates must reference 

a valid and unique FDIC Asset Identification Number (Asset ID) for all 

loan level detail included in the Certificate and Data Download 

submissions. 4/21/2011 FDIC-DRR

N/A https://www.fdic.gov/bank/individual/failed/lossshare/singlepoint-of-contact-letter-to-ais.pdfN/A N/A

Guidance RSAM-2011-013 Facilitating 

Short Sales

Guidance to 

Assuming 

Institutions 

FDIC Guidance provides Assuming Institutions with clarification 

regarding covered credits and/or cash incentive payments to elicit 

short sales as an alternative to foreclosure. 5/13/2011 FDIC-DRR

N/A https://www.fdic.gov/bank/individual/failed/lossshare/guidancersam-2011-013-facilitating-short-sales.pdf

N/A N/A

Guidance RSAM 2013-G006 ORE Sales 

and Marketing

Guidance to 

Assuming 

Institutions 

FDIC Guidance for owned real estate (ORE) sales and marketing 

guidelines. 6/3/2011 FDIC-DRR

N/A https://www.fdic.gov/bank/individual/failed/lossshare/rsamguidance-2013-g006-ore-sales-and-marketing.pdfN/A N/A

Guidance RSAM-2011-015 Loan 

Participations

Guidance to 

Assuming 

Institutions 

FDIC Guidance to Assuming Institutions (AIs) regarding the 

administration of

Shared-Loss Loans under the terms of the Commercial Shared-Loss 

Agreement (“CSLA”) that are not wholly owned by the AI such as 

Syndicated Loans, Shared National Credits and Loan Participations 

(“Participations”). 6/24/2011 FDIC-DRR

N/A

https://www.fdic.gov/bank/individual/failed/lossshare/guidancersam-2011-015-loan-participations.pdf

N/A N/A

Guidance RSAM-2011-016 SF Loans – 

Subordinate Liens – Balloon Payments

Guidance to 

Assuming 

Institutions 

FDIC Guidance to Assuming Institutions and Servicers, subject to a 

Single

Family Shared-Loss Agreement (“Agreement”), with portfolios of 

subordinate liens and/or loans with balloon payments on Schedule 

4.15a. 6/27/2011 FDIC-DRR

N/A

https://www.fdic.gov/bank/individual/failed/lossshare/guidancersam-2011-016-sf-loans-subordinate-liens-balloon-payments.pdf

N/A N/A

Environmental Issues and Expenses 

under Shared-Loss Agreements

Letter to Assuming 

Institutions 

FDIC Guidance issued clarifying expense claims allowed relating to 

environmental issues. 10/7/2011 FDIC-DRR

N/A

https://www.fdic.gov/bank/individual/failed/lossshare/communic

ation-for-acquiring-institutions-environmental-issues-andexpen.pdfN/A N/A

Single Family Shared-Loss Agreement 

Abandonment of Mortgage Lien

Letter to Assuming 

Institutions 

FDIC Guidance for procedures around abandonment of mortgage 

liens. 12/2/2011 FDIC-DRR

N/A https://www.fdic.gov/bank/individual/failed/lossshare/singlefamily-sla-abandonment-of-mortgage-lien.pdfN/A N/A

Assuming Institutions with Non-Single 

Family/ Commercial and Other Asset/ 

Commercial Shared-Loss Agreements

Letter to Assuming 

Institutions 

FDIC Guidance toward sustainable loan restructurings by Assuming 

Institutions, modifying the definition of "Permitted Amendments".

12/14/2011 FDIC-DRR

N/A https://www.fdic.gov/bank/individual/failed/lossshare/assuminginstitutions-with-non-single-family-commercial-and-other-assetscommercial-sla.pdf

N/A N/A

Page 2 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

Assuming Institutions with Shared-Loss 

Agreements

Letter to Assuming 

Institutions 

Clarification of the Commercial Shared Loss Agreement Article III as 

relates to Portfolio Sales proposed by the Al during the last few Shared 

Loss Quarters pursuant to Section 4.1 of the SLA. 10/9/2012 FDIC-DRR

N/A https://www.fdic.gov/bank/individual/failed/lossshare/assuminginstitutions-with-shared-loss-agreements.pdfN/A N/A

Guidance RSAM-2013-001 Cash for Keys

Guidance to 

Assuming 

Institutions 

FDIC Guidance for Assuming Institutions participating in “Cash for 

Keys” programs. 1/7/2013 FDIC-DRR

N/A https://www.fdic.gov/bank/individual/failed/lossshare/rsamguidance-2013-g001-cash-for-keys.pdf

N/A N/A

Guidance RSAM 2013-002 Submitting 

Charge-Offs of Performing CRE SharedLoss Loans

Guidance to 

Assuming 

Institutions 

FDIC Guidance for submitting charge-offs of performing commercial 

real estate shared-loss loans for reimbursement. 4/2/2013 FDIC-DRR

N/A https://www.fdic.gov/bank/individual/failed/lossshare/rsamguidance-2013-g002-performing-loan-charge-offs-04082013.pdfN/A N/A

Guidance RSAM 2013-G005 Workouts 

for Acquired Commercial Real Estate 

Shared-Loss Loans

Guidance to 

Assuming 

Institutions 

FDIC Guidance of workouts for acquired commercial real estate sharedloss loans. 5/28/2013 FDIC-DRR

N/A https://www.fdic.gov/bank/individual/failed/lossshare/rsamguidance-2013-g005-commercial-real-estate.pdf

N/A N/A

Guidance RSAM 2013-G008 Valuations 

Supporting Reimbursement of ChargedOff Commercial Real Estate Shared-Loss 

Assets

Guidance to 

Assuming 

Institutions 

FDIC Guidance for valuations supporting reimbursement of chargedoff commercial real estate (CRE) shared-loss assets.

6/30/2013 FDIC-DRR

N/A https://www.fdic.gov/bank/individual/failed/lossshare/rsamguidance-2013-g008-valuations-supporting-reimbursement-ofcharged-off-cre-assets.pdfN/A N/A

Guidance RSAM 2014-G002 Notice to AIS 

-2013 Risk Sharing Conference Q and As

FDIC Shared-Loss 

Program 2013 Risk 

Sharing Conference 

Questions & 

Answers

FDIC Shared-Loss Program 2013 Risk Sharing Conference Questions & 

Answers.

10/24/2013 FDIC-DRR

N/A https://www.fdic.gov/bank/individual/failed/lossshare/guidancersam-2014-g002-notice-to-ais-2013-risk-sharing-conferenceqandas.pdfN/A N/A

Shared-Loss Recovery Period / Year 5

Letter to Assuming 

Institutions 

Clarification and reminders as AIs are approaching the end of the five 

year loss sharing period of the Commercial Shared Loss Agreement 

(CSLA). Those AIs are required to follow usual and prudent business 

and banking practices, and pursue the course of action that maximizes 

collections, throughout the entire term of the CSLA. 5/2/2014 FDIC-DRR

N/A

https://www.fdic.gov/bank/individual/failed/lossshare/sharedloss-recovery-period-year-5-memo-to-ais-5-2-14.pdf

N/A N/A

Guidance RSAM 2016-G001 Recovery 

Reporting for Commercial Shared-Loss 

Agreements

Guidance to 

Assuming 

Institutions 

FDIC Guidance for recovery reporting of commercial shared-loss 

agreements. 3/29/2016 FDIC-DRR

N/A

https://www.fdic.gov/bank/individual/failed/lossshare/guidancersam-2016-g001-recovery-reporting-for-comml-shared-lossagmts.pdf

N/A N/A

Guidance for 2013 165d Annual 

Resolution Plans Submissions by 

Domestic Covered Companies that 

Submitted Initial Resolution Plans in 

2012 Guidance

Guidance for 2013 165d Annual Resolution Plans Submissions for 

domestics 4/13/2013 FDIC-DRR CFI

N/A

https://www.fdic.gov/regulations/reform/domesticguidance.pdf

N/A N/A

Guidance for 2013 165d Annual 

Resolution Plans Submissions by ForeignBased Covered Companies that 

Submitted Initial Resolution Plans in 

2012 Guidance

Guidance for 2013 165d annual resolution plans submissions by 

foreign-based covered companies 4/13/2017 FDIC-DRR CFI

N/A

https://www.fdic.gov/regulations/reform/foreignguidance.pdf

N/A N/A

Guidance for Covered Insured 

Depository Institution Resolution Plan 

Submissions Guidance Guidance for covered insured depository Institutions 12/17/2014 FDIC-DRR CFI

N/A

https://www.fdic.gov/news/news/press/2014/pr14109a.pdf

N/A N/A

Guidance for 2017 165d Annual 

Resolution Plans Submissions by 

Domestic Covered Companies that 

Submitted Resolution Plans in July 2015 Guidance

Guidance for 165d annual resolution plans submissions by domestic 

firms 4/13/2016 FDIC-DRR CFI

N/A

https://www.fdic.gov/news/news/press/2016/pr16031b.pdf

N/A N/A

Page 3 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

Guidance for 2018 165d Annual 

Resolution Plans Submissions by ForeignBased Covered Companies that 

Submitted Resolution Plans in July 2015 Guidance

Guidance for 2018 165d annual resolution plans submissions by 

foreign-based covered companies 3/2017 FDIC-DRR CFI

N/A

https://www.fdic.gov/resauthority/2018subguidance.pdf

N/A N/A

Assessments 

Assessment Rate Adjustment Guidelines

Financial Institution 

Letter (FIL) Final guidelines on large bank assessment rate adjustments 9/14/2011 FDIC-DIR

N/A

https://www.fdic.gov/news/news/financial/2011/fil11064.html 

N/A

FIL-64-2011

Q&As Pertaining to the Final Rule on 

Assessments, Large Bank Pricing 

Changes to Definitions of Higher-Risk 

Assets Q&A

Merges Q&As related to 2011 Final Rule on Assessments and 2012 

Final Rule (LBP); describes assessment rate adjustments, process for 

submitting request for review of assessment rate, determination of 

higher-risk assets, and definitions for counterparty exposure 1/20/2015 FDIC-DIR

N/A https://www.fdic.gov/deposit/insurance/qas-assessmentsdividends-assessment-base-and-large-bank-pricing-updated-1-20-

15.pdf

N/A N/A

Caution Regarding Passing Deposit 

Insurance Assessment Fees on to 

Customers

Financial Institution 

Letter (FIL)

Discourages institutions from specifically designating that a customer 

fee is for deposit insurance or from stating or implying that the FDIC is 

charging such a fee 7/9/2012 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2012/fil12033.html

N/A

FIL-33-2012

Guidelines for Appeals of Deposit 

Insurance Assessment Determinations Guidelines Guidelines for request for deposit insurance assessment appeal 3/22/2012 FDIC-DOF

77 FR 17055

https://www.fdic.gov/regulations/laws/aac/aacguidelines.html

https://www.fdic.gov/regulations/laws/federal/2012/2012-03-

23_notice.pdf

N/A N/A

Statement of Policy on the Development 

and Review of Regulations and Policies Statement of Policy

Updates FDIC Statement of Policy "Development and Review of FDIC 

Regulations and Policies" 4/17/2013 FDIC-Legal

78 FR 22771 https://www.fdic.gov/regulations/laws/federal/2013/2013-04-

17_policy.pdf

N/A 12 CFR Chapter 

III

FIL-40-2008 Interagency Illustrations of 

Consumer Information for Hybrid 

Adjustable Rate Mortgage Products Guidance

Illustrations intended to assist institutions as they implement the 

Consumer Protection Principles portion of the interagency Statement 

on Subprime Mortgage Lending. 5/29/2008 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2008/fil08040.html

N/A

FIL-40-2008

FIL-42-2009 Flood Insurance Revised 

Interagency Questions and Answers 

Regarding Flood Insurance Q&A

Updated Interagency Questions and Answers Regarding Flood 

Insurance 7/21/2009 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2009/fil09042.html

N/A

FIL-42-2009

FIL-66-2009 Electronic Fund Transfer Act 

(Regulation E) Disclosures at Automated 

Teller Machines Guidance

Reminds banks to ensure ATM fee disclosures fully comply with 

Regulation E 11/27/2009 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2009/fil09066.html

N/A

FIL-66-2009

FIL-74-2009 Regulation Z - Open-End 

Consumer Credit Changes Notice of 

Statutory Amendment; Additional 

Guidance Guidance

Notifies bankers of statutory change and provides additional guidance 

on how to provide the required advance notice of change(s) in interest 

rates or other significant terms 12/23/2009 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2009/fil09074.html

N/A

FIL-74-2009

FIL-23-2010 Lapse of FEMA Authority to 

Issue Flood Insurance Policies Guidance

The authority of the Federal Emergency Management Agency (FEMA) 

to issue flood insurance policies under the National Flood Insurance 

Program (NFIP) lapsed between March 28 and April 16, 2010. The 

attached guidance provides information for institutions about their 

continuing responsibilities during such lapse periods. 5/7/2010 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2010/fil10023.html

N/A

FIL-23-2010

FIL-60-2010 Model Privacy Notice Form 

Compliance Guidance Guidance

Compliance guide for state nonmember banks wishing to use the 

model form to comply with amendments to Part 332 of the FDIC's 

Rules and Regulations which implement the privacy provisions of 

GLBA 9/27/2010 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2010/fil10060.html

N/A

FIL-60-2010

FIL-80-2010 Financial Institutions 

Encouraged to Work With Schools to 

Promote Youth Financial Education Guidance

On November 15, 2010, FDIC Chairman Sheila C. Bair signed a 

partnership agreement with U.S. Department of Education Secretary 

Arne Duncan and National Credit Union Administration (NCUA) 

Chairman Debbie Matz to promote and enhance financial education 

and access for low- to moderate-income students and families. 11/17/2010 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2010/fil10080.html

N/A

FIL-80-2010

Page 4 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-81-2010 Overdraft Payment 

Programs and Consumer Protection Final 

Overdraft Payment Supervisory 

Guidance Guidance

Reaffirms existing supervisory expectations with respect to overdraft 

payment programs generally, and provides specific guidance with 

respect to automated overdraft payment programs 11/24/2010 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2010/fil10081.html

N/A

FIL-81-2010

FIL-11-2011 Financial Institutions 

Encouraged to Promote Automatic 

Savings During America Saves Week Guidance

Encourages financial institutions to consider strategies to promote 

savings by encouraging automatic savings, especially for low- and 

moderate-income consumers 2/23/2011 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2011/fil11011.html

N/A

FIL-11-2011

FIL-38-2011 Deposit Insurance Notice 

Requirement Regarding the Payment of 

Interest on Demand Deposit Accounts Guidance

Remind IDIs that if on or after July 21, 2011, an IDI modifies the terms 

of a DDA so that the account may pay interest, the IDI must notify 

affected customers that the account no longer will be eligible for 

unlimited deposit insurance coverage as a noninterest-bearing 

transaction account 5/25/2011 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2011/fil11038.html

N/A

FIL-38-2011

FIL-20-2012 FDIC Statement on CFPB 

Bulletin 2012-02: Payments to Loan 

Originators Based on Mortgage 

Transaction Terms or Conditions under 

Regulation Z Agency Statement

FDIC will consider the specific facts and the totality of the 

circumstances at each financial institution to determine if a financial 

institution is complying with the Compensation Rules, consistent with 

Regulation Z and CFPB Bulletin 2012-02 4/17/2012 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2012/fil12020.html

N/A

FIL-20-2012

FIl-28-2012 Interagency Guidance on 

Mortgage Servicing Practices Concerning 

Military Homeowners with Permanent 

Change of Station Orders Guidance

Interagency Guidance to address unique circumstances involving some 

military homeowners after they receive Permanent Change of Station 

(PCS) orders 6/21/2012 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2012/fil12028.html

N/A

FIL-28-2012

FIL-33-2012 Caution Regarding Passing 

Deposit Insurance Assessment Fees on 

to Customers Guidance

Communicates the FDIC’s concerns and expectations when IDIs assess 

customers an "FDIC fee" or similarly described fee, apparently to 

compensate the IDI for some or all of its FDIC deposit insurance 

assessment costs 7/9/2012

FDICDCP/Legal/DIR/D

OF

N/A

https://www.fdic.gov/news/news/financial/2012/fil12033.html

N/A

FIL-33-2012

FIL-41-2012: New Classification System 

for Citing Violations in Reports of 

Examination

Examination 

Guidelines

Revised classification system for citing violations identified during 

compliance examinations to better communicate to institutions the 

severity of violations and to provide more consistency in the 

classification of violations cited in Reports of Examination 9/25/2012 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2012/fil12041.html

N/A

FIL-41-2012

FIL-14-2013 Interagency Statement on 

the Impact of Biggert-Waters Act Agency Statement

To inform financial institutions about revisions to the Flood Disaster 

Protection Act of 1973 (the FDPA), which was amended by the BiggertWaters Flood Insurance Reform Act of 2012 3/29/2013 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2013/fil13014.html

N/A

FIL-14-2013

FIL-56-2013 Social Media: Consumer 

Compliance Risk Management Guidance Guidance

FFIEC final guidance guidance on the applicability of consumer 

protection and compliance laws, regulations, and policies to activities 

conducted via social media by banks, savings associations, and credit 

unions, as well as nonbank entities supervised by the CFPB 12/11/2013 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2013/fil13056.html

N/A

FIL-56-2013

FIL-59-2013 Qualified and Non-Qualified 

Mortgage Loans Interagency Statement 

on Supervisory Approach Agency Statement

Interagency statement on supervisory approach for residential 

mortgage loans 12/13/2013 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2013/fil13059.html

N/A

FIL-59-2013

FIL-28-2014 Interagency Statement on 

Increased Maximum Flood Insurance 

Coverage for "Other Residential 

Buildings" Agency Statement

Interagency statement regarding the new National Flood Insurance 

Program (NFIP) maximum limit of flood insurance coverage for noncondominium residential buildings designed for use for five or more 

families 5/30/2014 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2014/fil14028.html

N/A

FIL-28-2014

FIL-44-2014 Interagency Guidance 

Regarding Unfair or Deceptive Credit 

Practices Guidance Guidance regarding certain consumer credit practices 8/22/2014 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2014/fil14044.html

N/A

FIL-44-2014

Page 5 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-11-2015 Interagency Guidance to 

Encourage Financial Institution Youth 

Savings Programs and Address Related 

Frequently Asked Questions Guidance

Encourages financial institutions to develop and implement programs 

to expand the financial capability of youth and build opportunities for 

financial inclusion for more families 2/24/2015 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2015/fil15011.html

N/A

FIL-11-2015

FIL-35-2016 Interagency Guidance: 

Deposit-Reconciliation Practices Guidance

Guidance to ensure that financial institutions are aware of the 

Agencies' supervisory expectations regarding deposit-reconciliation 

practices that may be detrimental to customers 5/18/2016 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2016/fil16035.html

N/A

FIL-35-2016

FIL-65-2016 Military Lending Act: 

Interagency Consumer Compliance 

Examination Procedures, DOD 

Interpretive Rule, and the FDIC'S 

Supervisory Expectations

Examination 

Procedures

Providing guidance on its initial supervisory expectations in connection 

with its examinations of financial institutions for compliance with the 

MLA rule 10/17/2016 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2016/fil16065.html

N/A

FIL-65-2016

FIL-35-2013: Banking Agencies 

Encourage Financial Institutions to Work 

with Student Loan Borrowers 

Experiencing Financial Difficulties Guidance

Encourages financial institutions to work constructively with private 

student loan borrowers experiencing financial difficulties. The 

Uniform Retail Credit Classification and Account Management Policy 

(Retail Credit Policy), which covers student loans, permits prudent 

loan workout and modification programs that assist student loan 

borrowers who are temporarily experiencing financial difficulties. 

Financial institutions should provide clear and practical information to 

student loan borrowers on loan modifications and other options 

available and how to contact the lender or servicer to discuss the 

programs that might best fit their specific needs. 8/1/2013 FDIC-RMS DCP

N/A

https://www.fdic.gov/news/news/financial/2013/fil13035.html

N/A

FIL-35-2013

FIL-17-2008 FDIC Statement on 

Reporting of Securitized Subprime 

Adjustable Rate Residential Mortgages Guidance

The Federal Deposit Insurance Corporation (FDIC) strongly encourages 

state nonmember institution mortgage servicers to utilize the HOPE 

NOW alliance's loan modification and loss mitigation reporting 

standards for securitized adjustable rate subprime residential 

mortgage loans. The FDIC also supports efforts by the State 

Foreclosure Prevention Working Group to collect data on loan 

modifications and foreclosure prevention activity. 3/3/2008 FDIC-RMS DCP

N/A

https://www.fdic.gov/news/news/financial/2008/fil08017.html

N/A

FIL-17-2008

FIL-58-2008 Home Equity Lines of Credit 

Consumer Protection and Risk 

Management Considerations When 

Changing Credit Limits and Suggested 

Best Practices Guidance

The FDIC is issuing the attached supervisory guidance to remind FDICsupervised financial institutions that if, for risk management purposes, 

they decide to reduce or suspend home equity lines of credit, certain 

legal requirements designed to protect consumers must be followed. 

In addition, the FDIC urges institutions to work with borrowers to 

minimize hardships that may result from such reductions or 

suspensions. 6/6/2008 FDIC-RMS DCP

N/A

https://www.fdic.gov/news/news/financial/2008/fil08058.html

N/A

FIL-58-2008

Supplemental Guidance Related to the 

FDIC Statement of Policy on Applications 

for Deposit Insurance Guidance

supplemental guidance related to the FDIC Statement of Policy on 

Applications for Deposit Insurance (SOP 4/4/2016 FDIC-RMS

N/A

https://www.fdic.gov/regulations/laws/rules/5000-5400.html

N/A

FIL-24-16

Interagency Guidance on funds Transfers 

Pricing Related to Funding and 

Contingent Liquidity Risks Guidance

guidance on funds transfer pricing (FTP) practices related to funding 

risk (including interest rate and liquidity components) and contingent 

liquidity risk at large financial institutions (hereafter referred to as 

"firms") to address weaknesses observed in some firms' FTP practices 3/1/2016 FDIC-RMS

N/A

https://www.fdic.gov/regulations/laws/rules/5000-5380.html

N/A

FIL-12-2016

Interagency Advisory on External Audits 

of Internationally Active U.S. Financial 

Institutions Advisory

support for the principles and expectations set forth in Parts 1 and 2, 

respectively, of the Basel Committee on Banking Supervision's (the 

BCBS or the Committee) March 2014 guidance on "External audits of 

banks" 1/15/2016 FDIC-RMS

N/A

https://www.fdic.gov/regulations/laws/rules/5000-5370.html

N/A

FIL-5-2016

Page 6 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

Income Tax Allocation in a Holding 

Company Structure (Interagency) Policy Statement 6/19/2014 FDIC-RMS

79 FR 35229 https://www.fdic.gov/regulations/laws/rules/5000-5000.html N/A N/A

Principles for Development and 

Distribution of Annual Stress Test 

Scenarios Principles

Section 165(i)(2) of the Dodd-Frank Wall Street Reform and Consumer 

Protection Act of 2010 requires certain financial companies, including 

FDIC-insured state nonmember banks and FDIC-insured statechartered savings associations with total consolidated assets of more 

than $10 billion ("covered banks"), to conduct annual stress tests. The 

Federal Deposit Insurance Corporation ("FDIC" or "Corporation") 

published in the Federal Register on October 15, 2012, a final rule 

("Stress Test Rule") implementing the requirements and setting out 

definitions and rules for scope of application, scenarios, reporting, and 

disclosure.1 Under the Stress Test Rule, each year the FDIC will 

distribute stress test scenarios to covered banks. This document 

articulates the principles that the FDIC will apply to develop and 

distribute those scenarios for covered banks. 3/13/2014 FDIC-RMS

79 FR 14153

https://www.fdic.gov/regulations/laws/rules/5000-5360.html

N/A N/A

Appraisal and Evaluation Guidelines 

(Interagency) Guidelines

These Guidelines, including their appendices, address supervisory 

matters relating to real estate appraisals and evaluations used to 

support real estate-related financial transactions 12/10/2010 FDIC-RMS

75 FR 77450

https://www.fdic.gov/regulations/laws/rules/5000-4800.html

N/A N/A

Guidance on Sound Incentive 

Compensation Policies Guidance

guidance is intended to assist banking organizations in designing and 

implementing incentive compensation arrangements and related 

policies and procedures that effectively consider potential risks and 

risk outcomes 6/25/2010 FDIC-RMS

75 FR 36395

https://www.fdic.gov/regulations/laws/rules/5000-5350.html

N/A N/A

Correspondent Concentration Risks Guidance

This guidance clarifies that financial institutions should consider taking 

actions beyond the minimum requirements established in Regulation F 

to identify, monitor, and manage correspondent concentration risks 5/4/2010 FDIC-RMS

75 FR 23764

https://www.fdic.gov/regulations/laws/rules/5000-5260.html

N/A N/A

Guidelines for Appeals of Deposit 

Insurance Assessment Determinations Guidelines

The AAC provides a process for considering all deposit insurance 

assessment appeals brought from determinations made by the 

appropriate FDIC divisions pursuant to 12 C.F.R. §§ 327.3(f) and 

327.4(c). The procedures set forth in these guidelines apply to all 

appeals to the AAC. 4/19/2010 FDIC-RMS

75 FR 20358

https://www.fdic.gov/regulations/laws/rules/5000-5280.html

N/A N/A

Guidelines for Appeals of Material 

Supervisory Determinations Guidelines

The procedures set forth in these guidelines establish an appeals 

process for the review of material supervisory determinations by the 

Supervision Appeals Review Committee ("SARC"). 4/19/2010 FDIC-RMS

75 FR 20358

https://www.fdic.gov/regulations/laws/rules/5000-5300.html

N/A N/A

Funding and Liquidity Risk Management 

(Interagency) Policy Statement

The guidance summarizes the principles of sound liquidity risk 

management that the agencies have issued in the past8 and, where 

appropriate, harmonizes these principles with the international 

statement recently issued by the Basel Committee on Banking 

Supervision titled "Principles for Sound Liquidity Risk 

Management and Supervision." 3/22/2010 FDIC-RMS

75 FR 13656

https://www.fdic.gov/regulations/laws/rules/5000-5230.html

N/A N/A

Qualifications for Failed Bank 

Acquisitions Statement of Policy

guidance about the standards for more than de minimis investments 

in acquirers of deposit liabilities and the operations of failed insured 

depository institutions, the FDIC has adopted this Statement of Policy 

("SOP") 9/2/2009 FDIC-RMS

75 FR 45440

https://www.fdic.gov/regulations/laws/rules/5000-850.html

N/A N/A

Qualifications for Failed Bank 

Acquisitions Statement of Policy

to provide guidance about the standards for more than de minimis 

investments in acquirers of deposit liabilities and the operations of 

failed insured depository institutions 9/2/2009 FDIC-RMS

75 FR 45440

https://www.fdic.gov/regulations/laws/rules/5000-850.html

N/A N/A

Covered Bond Policy Statement

Because of the increasing interest IDIs have in issuing covered bonds, 

the FDIC has determined to issue this policy statement with respect to 

covered bonds. 7/28/2008 FDIC-RMS

73 FR 43754

https://www.fdic.gov/regulations/laws/rules/5000-1550.html

N/A N/A

Page 7 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-5-2008 Annual Audit and Reporting 

Requirements: Internal Control 

Attestation Standards for Independent 

Auditors Guidance

The FDIC is providing the attached guidance on the internal control 

attestation standards that auditors of insured institutions with $1 

billion or more in total assets should follow to comply with the FDIC's 

audit and reporting requirements in Part 363 of the FDIC's regulations. 2/1/2008 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2008/fil08005.html

N/A

FIL-5-2008 

FIL-6-2008 Interagency Statement on 

Pandemic Planning: Guidance for 

Minimizing a Pandemic's Potential 

Adverse Effects SOP

The Federal Financial Institutions Examination Council has issued the 

attached "Interagency Statement on Pandemic Planning" (Statement) 

identifying actions that financial institutions should take to minimize 

the potential adverse effects of a pandemic. 2/6/2008 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2008/fil08006.html

N/A

FIL-6-2008 

FIL-22-2008 Managing Commercial Real 

Estate Concentrations in a Challenging 

Environment

Guidance 

(reemphasis on 

prior guidance, 

nothing new)

The Federal Deposit Insurance Corporation (FDIC) is re-emphasizing 

the importance of strong capital and loan loss allowance levels, and 

robust credit risk-management practices for state nonmember 

institutions with significant commercial real estate (CRE) and 

construction and development (C&D) loan concentrations. 3/17/2008 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2008/fil08022.html

N/A

FIL-22-2008

FIL-38-2008 Bank Secrecy Act: Provision 

for Independent Testing for BSA/AML 

Compliance Guidance

The independent test of the Bank Secrecy Act/Anti-Money Laundering 

(BSA/AML) Compliance Program can improve the efficiency and 

reduce the burden of the examination process 5/16/2008 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2008/fil08038.html

N/A

FIL-38-2008

FIL-44-2008 Third-Party Risk: Guidance 

for Managing Third-Party Risk Guidance

The attached FDIC guidance describes potential risks arising from thirdparty relationships and outlines risk management principles that may 

be tailored to suit the complexity and risk potential of a financial 

institution's significant third-party relationships. 6/6/2008 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2008/fil08044.html

N/A

FIL-44-2008

FIL-62-2008 Other Real Estate: Guidance 

on Other Real Estate Guidance

Continued weakness in the housing market and the rapid rise in 

foreclosures have increased the potential for higher levels of other 

real estate (ORE) held by FDIC-supervised institutions. This FIL reminds 

bank management of the importance of developing and implementing 

policies and procedures for acquiring, holding, and disposing of other 

real estate (ORE). "Guidance on Other Real Estate" is attached. 7/1/2008 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2008/fil08062.html

N/A

FIL-62-2008

FIL-66-2008 Minority Depository 

Institutions: Expanded Guidelines for 

Providing Technical Assistance to 

Minority Depository Institutions Guidance

The Federal Deposit Insurance Corporation (FDIC) continues to pursue 

strategies to preserve and encourage minority ownership of FDICinsured financial institutions, including providing technical assistance 

in operational areas. The FDIC has expanded its guidance on providing 

technical assistance to minority depository institution (MDI) 

management to enhance ongoing communication with and support of 

MDIs. The revised guidance is attached. 7/17/2008 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2008/fil08066.html

N/A

FIL-66-2008

FIL-71-2008 Capital Standards: 

Supervisory Review Process of Capital 

Adequacy (Pillar 2) Related to The 

Implementation of the Basel II Advanced 

Capital Framework Guidance

The federal bank and thrift regulatory agencies have jointly issued the 

attached final guidance on the Supervisory Review Process of Capital 

Adequacy (Pillar 2) under the Basel II Advanced Capital Framework. 

While this guidance reflects a continuation of the longstanding 

approach employed by the agencies in the supervision of banks, it 

provides the clarification necessary to support the implementation of 

the advanced approaches final rule. The final guidance takes effect on 

September 2, 2008 7/31/2008 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2008/fil08071.html

N/A

FIL-71-2008

Page 8 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-84-2008 Liquidity Risk Management Guidance

The FDIC is issuing this guidance to highlight the importance of 

liquidity risk management at financial institutions. Liquidity risk 

measurement and management systems should reflect an institution's 

complexity, risk profile, and scope of operations. Institutions that use 

wholesale funding, securitizations, brokered deposits and other highrate funding strategies should ensure that their contingency funding 

plans address relevant stress events. The requirements governing the 

acceptance, renewal, or rolling over of brokered deposits are 

applicable to all insured depository institutions. 8/26/2008 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2008/fil08084.html

N/A

FIL-84-2008

FIL-111-2008 Deposit Insurance 

Coverage: Mortgage Servicing Accounts Adoption of rule

The FDIC Board of Directors has adopted the attached interim rule to 

simplify the deposit insurance rules for accounts held at FDIC-insured 

institutions by mortgage servicers. Under the interim rule, the FDIC 

will be able to make deposit insurance determinations on mortgage 

servicing accounts – as well as pay deposit insurance – more quickly. 

Comments on the interim rule, which took effect on October 10, 2008, 

are due by December 16, 2008 10/24/2008 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2008/fil08111.html

N/A

FIL-111-2008

FIL-127-2008 Guidance on Payment 

Processor Relationships Guidance

The FDIC is issuing the attached guidance that describes potential risks 

associated with relationships with entities that process payments for 

telemarketers and other merchant clients. These types of relationships 

pose a higher risk and require additional due diligence and close 

monitoring. This guidance outlines risk management principles for this 

type of higher-risk activity. 11/7/2008 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2008/fil08127.html

N/A

FIL-127-2008

FIL-128-2008 Interagency Statement on 

Meeting the Needs of Creditworthy 

Borrowers

Interagency 

Guidance

The FDIC joined the other federal banking agencies in issuing the 

attached "Interagency Statement on Meeting the Needs of 

Creditworthy Borrowers" on November 12, 2008. 11/12/2008 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2008/fil08128.html

N/A

FIL-128-2008

FIL-131-2008 Appraisal and Evaluation 

Guidelines: Proposed Revisions to the 

Interagency Appraisal and Evaluation 

Guidelines and Request for Comments

Interagency 

guidance (request 

for comment)

The federal bank, thrift and credit union regulatory agencies are 

requesting comments on the attached proposed revisions to the 

Interagency Appraisal and Evaluation Guidelines (Guidelines), which 

address supervisory matters relating to real estate appraisals and 

evaluations used to support real estate-related financial transactions. 11/19/2008 FDIC-RMS

73 FR 69647

https://www.fdic.gov/news/news/financial/2008/fil08131.html

N/A

FIL-131-2008

FIL-144-2008 Regulatory Capital 

Standards Deduction of Goodwill Net of 

Associated Deferred Tax Liability Final Rule

The federal banking agencies are jointly issuing the attached final rule 

allowing goodwill, which must be deducted from Tier 1 capital, to be 

reduced by the amount of any associated deferred tax liability. The 

final rule will take effect 30 days after its publication in the Federal 

Register . However, a bank may elect to apply this final rule for 

regulatory capital reporting purposes as of December 31, 2008. 12/16/2008 FDIC-RMS

73 FR 79602

https://www.fdic.gov/news/news/financial/2008/fil08144.html

N/A

FIL-144-2008

Page 9 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-1-2009 Monitoring the Use of 

Funding from Federal: Financial Stability 

and Guaranty Programs Guidance

State nonmember institutions should implement a process to monitor 

their use of capital injections, liquidity support and/or financing 

guarantees obtained through recent financial stability programs 

established by Department of the Treasury, the Federal Deposit 

Insurance Corporation (FDIC) and the Federal Reserve. In particular, 

the monitoring processes should help to determine how participation 

in these federal programs has assisted institutions in supporting 

prudent lending and/or supporting efforts to work with existing 

borrowers to avoid unnecessary foreclosures. The FDIC encourages 

institutions to include a summary of this information in shareholder 

and public reports, annual reports and financial statements, as 

applicable. 1/12/2009 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2009/fil09001.html

N/A

FIL-1-2009 

FIL-4-2009 Risk Management of Remote 

Deposit Capture Guidance

The Federal Financial Institutions Examination Council has issued the 

attached guidance, "Risk Management of Remote Deposit Capture," to 

assist financial institutions in identifying risks in their remote deposit 

capture (RDC) systems and evaluating the adequacy of controls and 

applicable risk management practices. The guidance addresses the 

necessary elements of an RDC risk management process - risk 

identification, assessment, and mitigation - and the measurement and 

monitoring of residual risk exposure. The guidance also discusses the 

responsibilities of the board of directors and senior management in 

overseeing the development, implementation, and ongoing operation 

of RDC. 1/14/2009 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2009/fil09004.html

N/A

FIL-4-2009 

FIL-13-2009 The Use of Volatile or 

Special Funding Sources by Financial 

Institutions That are in a Weakened 

Condition Guidance

Institutions rated 3, 4 or 5 that engage in material growth strategies, 

especially those that are funded with volatile liabilities or temporarily 

expanded FDIC insurance or liability guarantees pose a significant risk 

to the deposit insurance fund and will be subject to heightened 

supervisory review and enforcement. 3/3/2009 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2009/fil09013.html

N/A

FIL-13-2009

FIL-19-2009 Classification Treatment for 

High Loan-to-Value (LTV) Residential 

Refinance Loans Guidance

The FDIC is affirming that the standards in the Uniform Retail Credit 

Classification and Account Management Policy should be followed 

relative to the classification treatment for high LTV residential 

refinance loans. The guidance establishes that retail loan 

classifications should be based on the borrower's payment 

performance, not the value of the collateral, which can rise and fall as 

market conditions change. 4/30/2009 FDIC-RMS https://www.fdic.gov/news/news/financial/2009/fil09019.html

N/A

FIL-19-2009

FIL-20-2009 Risk Management of 

Investments in Structured Credit 

Products Guidance

This Financial Institution Letter reiterates and clarifies existing 

supervisory guidance on the purchase and holding of complex 

structured credit products. It focuses on the various supervisory 

concerns related to these securities: pre-purchase analysis, suitability 

determination, risk limits, credit ratings, valuation, ongoing due 

diligence, adverse classification, and capital treatment. 4/30/2009 FDIC-RMS https://www.fdic.gov/news/news/financial/2009/fil09020.html

N/A

FIL-20-2009

Page 10 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-23-2009 Special Assessment: Final 

Rule

Final Rule on 

Assessment

On May 22, 2009, the FDIC adopted a final rule imposing a 5 basis 

point special assessment on each insured depository institution's 

assets minus Tier 1 capital as of June 30, 2009. The amount of the 

special assessment for any institution will not exceed 10 basis points 

times the institution's assessment base for the second quarter 2009. 

The special assessment will be collected on September 30, 2009. An 

additional special assessment of up to 5 basis points later in 2009 is 

probable, but the amount is uncertain. 5/22/2009 FDIC-RMS

74 FR 25639

https://www.fdic.gov/news/news/financial/2009/fil09023.html

N/A

FIL-23-2009

FIL-25-2009 Interest Rate Restrictions on 

Institutions That are Less Than Well 

Capitalized: Final Rule Final Rule

The FDIC has issued the attached final rule making certain revisions to 

the interest rate restrictions under Part 337.6 of the FDIC Rules and 

Regulations. Under the final rule, the "national rate" is a simple 

average of rates paid by U.S. depository institutions as calculated by 

the FDIC. When evaluating the Part 337.6 compliance of an institution 

that is less than Well Capitalized, the FDIC will deem the national rate 

to be the prevailing rate in all market areas, unless it agrees with 

evidence provided by the institution that it is operating in an area 

where prevailing deposit interest rates are higher. 5/29/2009 FDIC-RMS

74 FR 26516

https://www.fdic.gov/news/news/financial/2009/fil09025.html

N/A

FIL-25-2009

FIL-30-2009 Identity Theft Red Flags, 

Address Discrepancies, And Change of 

Address Regulations: Frequently Asked 

Questions FAQ

The FDIC, along with the other federal financial institution regulatory 

agencies and the Federal Trade Commission, has issued the attached 

frequently asked questions (FAQs) on identity theft "red flags," 

address discrepancies, and change of address requests. 6/11/2009 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2009/fil09030.html

N/A

FIL-30-2009

FIL-32-2009 Third-Party Referrals 

Promising Above-Market Rates on 

Certificates of Deposit Guidance

FDIC-insured institutions should be aware of any unsolicited deposits 

received through third- party referrals. Certain insurance companies 

and other financial services firms (third parties) are advertising abovemarket rate certificates of deposit (CDs) to attract customers. When a 

customer buys the advertised CD, the customer is referred to the Web 

site of an FDIC-insured institution with the third party "making up" the 

difference between the insured institution's actual rate and the 

advertised above-market rate. 6/19/2009 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2009/fil09032.html

N/A

FIL-32-2009

FIL-33-2009 Annual Audit and Reporting 

Requirements: Final Amendments to 

Part 363

Rule amendment 

(Part 363)

The FDIC has amended Part 363 of its regulations, which sets forth 

annual independent audit and reporting requirements for insured 

institutions with $500 million or more in total assets. The FDIC Board 

of Directors adopted these amendments in light of changes in the 

industry; certain sound audit, reporting, and audit committee 

practices incorporated in the Sarbanes-Oxley Act of 2002; and the 

FDIC’s experience in administering Part 363. The amendments also 

provide clearer and more complete guidance for compliance with Part 

363. 6/30/2009 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2009/fil09033.html

N/A

FIL-33-2009

Page 11 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-37-2009 Funding and Liquidity Risk 

Management: Proposed Interagency 

Guidance

Interagency 

Guidance

The federal banking agencies and the National Credit Union 

Administration (collectively, the Agencies) are seeking comment on 

the attached proposed Interagency Guidance on Funding and Liquidity 

Risk Management (Guidance) . The Agencies developed the Guidance 

to provide sound practices for managing funding and liquidity risk and 

strengthening liquidity risk management practices. Where 

appropriate, this proposed Guidance conforms the Agencies' liquidity 

risk principles with guidance issued by the Basel Committee on 

Banking Supervision titled "Principles for Sound Liquidity Risk 

Management and Supervision." Comments on the proposed Guidance 

are due 60 days after the date of publication in the Federal Register . 6/30/2009 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2009/fil09037.html

N/A

FIL-37-2009

FIL-39-2009 Sweep Account Disclosure 

Requirements: Frequently Asked 

Questions FAQ

On January 27, 2009, the FDIC finalized its rule "Processing of Deposit 

Accounts in the Event of an Insured Depository Institution Failure" 

(see FIL-9-2009). In addition to establishing practices for determining 

deposit and other account balances at a failed depository institution, 

the rule includes disclosure requirements for certain sweep accounts, 

effective July 1, 2009. In response to industry questions regarding the 

sweep account disclosure requirements, the FDIC has prepared the 

attached list of Frequently Asked Questions (FAQs). 7/6/2009 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2009/fil09039.html

N/A

FIL-39-2009

FIL-40-2009 FFIEC Statement on 

Regulatory Conversions FFIEC Guidance

The Federal Financial Institutions Examination Council (FFIEC) has 

issued the attached FFIEC Statement on Regulatory Conversions to 

reaffirm that charter conversions or changes in primary federal 

regulator should only be conducted for legitimate business and 

strategic reasons. 7/7/2009 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2009/fil09040.html

N/A

FIL-40-2009

FIL-43-2009 Allowance for Loan and 

Lease Losses: Residential Mortgages 

Secured by Junior Liens Guidance

When estimating credit losses on each group of loans with similar risk 

characteristics, an institution should consider its historical loss 

experience on the group, adjusted for changes in trends, conditions, 

and other relevant factors in the current economic environment that 

affect repayment of the loans in the group as of the allowance 

evaluation date. The need to consider all significant factors that affect 

collectibility is especially important for loans secured by junior liens on 

1-4 family residential properties (junior lien loans) in areas where 

there have been declines in the value of such properties. See the 

attached "Allowances for Loan and Lease Losses in the Current 

Economic Environment: Loans Secured by Junior Liens on 1-4 Family 

Residential Properties." 8/3/2009 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2009/fil09043.html

N/A

FIL-43-2009

Page 12 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-45-2009 Support for Responsible 

Loss Mitigation Activities: Servicers' 

Obligations to Lienholders on Modifying 

Loans Guidance

The members of the Federal Financial Institutions Examination Council 

(FFIEC) continue to support responsible loss mitigation activities by 

federal- and state-regulated financial institutions that preserve 

homeownership. This support extends to programs designed to 

achieve sustainable mortgage obligations regardless of lien position. 

The FFIEC members recognize that entities that service first and 

subordinate liens on the same residential real estate property may be 

faced with potential conflicts of interest when making loan 

modification decisions. A servicer's decision to modify the first lien 

mortgage should not be influenced by the modification's potential 

impact on the subordinate lien loan and vice versa. Any ownership 

interest in the subordinate lien cannot be a consideration. 8/6/2009 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2009/fil09045.html

N/A

FIL-45-2009

FIL-50-2009 Enhanced Supervisory 

Procedures for Newly Insured FDICSupervised Depository Institutions Guidance

The FDIC is advising the banking industry of supervisory changes for 

state nonmember institutions insured seven years or less (de novo 

period). Under current policy, newly insured institutions are subject to 

higher capital requirements and more frequent examination activities 

during the first three years of operation. Based on supervisory 

experience, the FDIC will now extend the de novo period from the 

current three-year period to seven years for examinations, capital, and 

other requirements. In addition, material changes in business plans for 

newly insured institutions will require prior FDIC approval during the 

first seven years of operation. 8/28/2009 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2009/fil09050.html

N/A

FIL-50-2009

FIL-61-2009 Policy Statement on Prudent 

Commercial Real Estate Loan Workouts SOP

The financial regulators recognize that prudent commercial real estate 

(CRE) loan workouts are often in the best interest of financial 

institutions and creditworthy CRE borrowers. The attached guidance 

focuses on the elements of prudent workout programs. It also 

provides illustrations of the analytical review process to ensure the 

credit risk in a loan workout is accurately identified and the 

arrangements receive appropriate regulatory reporting and accounting 

treatment. 10/30/2009 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2009/fil09061.html

N/A

FIL-61-2009

FIL-62-2009: Determining Conformance 

With Interest Rate Restrictions for Less 

Than Well Capitalized Institutions Statement

The FDIC Board approved a final rule on May 29, 2009, changing the 

way the FDIC administers its statutory restrictions on the deposit 

interest rates paid by banks that are less than well capitalized under 

Section 337.6 of the FDIC Rules and Regulations (see FIL-25-2009). The 

final rule redefines the national rate as "a simple average of rates paid 

by insured depository institutions and branches for which data are 

available" and deems the national rate to be the prevailing rate for all 

market areas. Once the final rule is effective on January 1, 2010, an 

institution can use the prevailing rates in its market area to determine 

conformance only if it seeks and receives a determination from the 

FDIC that it is operating in a high rate area. 11/3/2009 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2009/fil09062.html

N/A

FIL-62-2009

Page 13 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-65-2009: Model Privacy Notice Form: 

Final Rule Final Rule

The FDIC and seven other federal agencies have released a final model 

privacy notice form that is designed to make it easier for consumers to 

understand how financial institutions collect and share their personal 

information. Under the Gramm-Leach-Bliley Act (GLBA), institutions 

must notify consumers of their information-sharing practices and 

inform consumers of the right to opt out of certain sharing practices. 

The model form can be used by financial institutions to comply with 

these requirements. Attached is the final rule on the final model 

privacy form. 11/17/2009 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2009/fil09065.html

N/A

FIL-65-2009

FIL-67-2009: Regulatory Capital 

Standards: Final Rule for Mortgages 

Modified Under the Making Home 

Affordable Program Final Rule

On March 4, 2009, the U.S. Department of the Treasury announced 

guidelines under the Making Home Affordable Program (MHAP or 

HAMP) to promote sustainable loan modifications for homeowners at 

risk of losing their homes due to foreclosure. The final rule clarifies 

that a banking organization may retain the risk weight assigned to a 

mortgage loan before the loan was modified under the MHAP 

following modification of the mortgage loan. 11/27/2009 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2009/fil09067.html

N/A

FIL-67-2009

FIL-68-2009: Interagency Commercial 

Real Estate Loan Workouts Seminar 

Scheduled

Statement about 

guidance

The federal financial institution regulatory agencies will host a free 

interagency telephone seminar on the attached Policy Statement on 

Prudent Commercial Real Estate Loan Workouts (Workout Guidance) 

on Thursday, December 3, 2009, at 2:00 p.m. EST. 11/30/2009 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2009/fil09068.html

N/A

FIL-68-2009

FIL-69-2009: Process for Determining If 

An Institution Subject to Interest-Rate 

Restrictions is Operating in a High-Rate 

Area Statement

Effective January 1, 2010, institutions subject to the interest rate 

restrictions under Part 337.6 of the FDIC Rules and Regulations 

("restrictions") are required to use the "national rate" to determine 

conformance with the restrictions. The "national rate" is defined as a 

simple average of rates paid by insured depository institutions and 

branches for which data are available. Institutions subject to the 

restrictions that believe they are operating in an area where the rates 

paid on deposits are higher than the "national rate" can use the local 

market to determine the prevailing rate if they seek and receive a 

determination from the FDIC that it is operating in a high-rate area. 

Regardless of the determination, institutions must use the national 

rate to determine conformance for all deposits outside the market 

area. 12/4/2009 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2009/fil09069.html

N/A

FIL-69-2009

FIL-72-2009: Bank Secrecy Act 

Interagency Guidance on Transparency 

for U.S. Banking Organizations 

Conducting Guidance

The federal banking agencies (FBAs) are issuing the attached guidance 

corresponding to the release of a Basel Committee on Banking 

Supervision (BCBS) publication addressing transparency in crossborder payment messages. 12/17/2009 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2009/fil09072.html

N/A

FIL-72-2009

Page 14 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-2-2010: Financial Institution 

Management of Interest Rate Risk Guidance

Current economic conditions present significant risk management 

challenges to depository institutions of all sizes. Institutions are 

reminded to not lose focus on their management of interest rate risk 

(IRR). For a number of institutions, increased loan losses and sharp 

declines in the value of certain securities portfolios are placing 

downward pressure on capital and earnings. In this interest rate 

environment, taking advantage of a steeply upward sloping yield curve 

by funding longer term assets with shorter-term liabilities may pose 

risks to an institution's capital and earnings should short-term interest 

rates rise. Depository institutions are expected to manage IRR 

exposures using policies and procedures commensurate with their 

complexity, business model, risk profile, and scope of operations. This 

letter clarifies existing IRR guidance. 1/20/2010 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2010/fil10002.html

N/A

FIL-2-2010:

FIL-3-2010: Final Rule Amending the RiskBased Capital Rules to Reflect the 

Issuance of FAS 166 and FAS 167 Rule

The attached final rule amends the federal banking and thrift 

regulatory agencies' general risk-based and advanced risk-based 

capital adequacy frameworks in recognition of the regulatory capital 

impact of two recently-issued accounting standards from the Financial 

Accounting Standard Board (FASB) 1/21/2010 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2010/fil10003.html

N/A

FIL-3-2010:

FIL-5-2010: Meeting the Credit Needs of 

Creditworthy Small Business Borrowers Guidance

Summary: The federal financial regulatory agencies and the state 

supervisors (collectively, the regulators) are issuing the attached 

statement to restate and elaborate their supervisory views on prudent 

lending to creditworthy small business borrowers. The statement 

builds on the principles in existing guidance for prudent lending to 

creditworthy borrowers and strives to ensure that supervisory policies 

and actions do not inadvertently curtail the availability of credit to 

sound small business borrowers. Further, while the regulators expect 

institutions to effectively monitor and manage credit concentrations, 

institutions should not automatically refuse credit to sound borrowers 

because of a borrower's particular industry or geographic location. 

Financial institutions that engage in prudent small business lending 

after performing a comprehensive review of a borrower's financial 

condition will not be subject to criticism. 2/12/2010 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2010/fil10005.html

N/A

FIL-5-2010:

FIL-7-2010: Clarification of the Risk 

Weights for FDIC Claims and Guarantees

Risk Weight 

Clarification

The federal banking agencies (the Federal Deposit Insurance 

Corporation (FDIC), the Office of the Comptroller of the Currency, the 

Federal Reserve Board, and the Office of Thrift Supervision) are 

clarifying the risk weights for claims on or guaranteed by the FDIC for 

purposes of banking organizations' risk-based capital requirements. 2/26/2010 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2010/fil10007.html

N/A

FIL-7-2010:

FIL-8-2010: Interagency Guidance on 

Beneficial Ownership

Interagency 

Guidance

The FDIC, the other federal banking agencies (FBAs), the Financial 

Crimes Enforcement Network (FinCEN), and the Securities and 

Exchange Commission (SEC) – in consultation with staff of the 

Commodity Futures Trading Commission (CFTC) – are issuing the 

attached guidance regarding beneficial ownership information. 3/5/2010 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2010/fil10008.html

N/A

FIL-8-2010:

Page 15 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-13-2010: Funding and Liquidity Risk 

Management

Interagency 

Guidance

The federal banking agencies and the National Credit Union 

Administration (collectively, the agencies) recently issued guidance to 

provide sound practices for managing funding and liquidity risk and 

strengthening liquidity risk management practices. The policy 

statement emphasizes the importance of cash flow projections, 

diversified funding sources, stress testing, a cushion of liquid assets 

and a formal, well-developed contingency funding plan as primary 

tools for measuring and managing liquidity risk. The agencies expect 

each financial institution to manage funding and liquidity risk using 

processes and systems that are commensurate with the institution's 

complexity, risk profile and scope of operations. 4/5/2010 FDIC-RMS https://www.fdic.gov/news/news/financial/2010/fil10013.html

N/A

FIL-13-2010

FIL-18-2010: Correspondent 

Concentration Risks: Interagency 

Guidance

Interagency 

Guidance

The federal financial regulatory agencies (agencies) are issuing the 

attached guidance on Correspondent Concentration Risks (CCR 

Guidance) to outline the agencies' expectations for identifying, 

monitoring and managing correspondent concentration risks between 

financial institutions. The CCR Guidance also addresses the agencies' 

expectations relative to performing appropriate due diligence on all 

credit exposures to and funding transactions with other financial 

institutions. 4/30/2010 FDIC-RMS https://www.fdic.gov/news/news/financial/2010/fil10018.html

N/A

FIL-18-2010

FIL-23-2010: Lapse of FEMA Authority to 

Issue Flood Insurance Policies Guidance

The authority of the Federal Emergency Management Agency (FEMA) 

to issue flood insurance policies under the National Flood Insurance 

Program (NFIP) lapsed between March 28 and April 16, 2010. The 

attached guidance provides information for institutions about their 

continuing responsibilities during such lapse periods. 5/7/2010 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2010/fil10023.html

N/A

FIL-23-2010

FIL-29-2010: Guidance on Deposit 

Placement and Collection Activities Guidance

The FDIC is issuing the attached guidance on deposit placement and 

collection activities at FDIC-insured institutions and their affiliates. The 

guidance outlines steps depository institutions should take to avoid 

customer misunderstanding about deposit insurance coverage when 

the institutions enter into third-party arrangements to collect and 

place deposits. Failure to properly administer deposit collection 

practices in a manner that prevents customer confusion and complies 

with deposit insurance rules will be factored into the supervisory 

assessment of the institution and may result in enforcement actions 

and penalties pursuant to 12 U.S.C. 1828(a)(4). 6/7/2010 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2010/fil10029.html

N/A

FIL-29-2010

FIL-30-2010: Bargain Purchases and 

Assisted Acquisitions

Interagency 

Guidance

The federal financial institution regulatory agencies (agencies) are 

issuing the attached Interagency Supervisory Guidance on Bargain 

Purchases and FDIC- and NCUA-Assisted Acquisitions to address 

supervisory considerations related to business combinations that 

result in bargain purchase gains and the impact such gains have on the 

acquisition approval process. Approval of an acquisition may be 

conditioned on the acquiring institution's commitment to maintain 

specified levels of capital to address the risk of significant 

retrospective adjustments to the bargain purchase gain or other risks. 6/7/2010 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2010/fil10030.html

N/A

FIL-30-2010

Page 16 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-35-2010: Unlawful Internet Gambling 

Enforcement Examination Guidance and 

Procedures Guidance

The FDIC and the other federal banking, thrift and credit union 

regulatory agencies are issuing the attached guidance and examination 

procedures related to the Unlawful Internet Gambling Enforcement 

Act of 2006 (UIGEA). 6/30/2010 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2010/fil10035.html

N/A

FIL-35-2010

FIL-56-2010: Guidance on Mitigating Risk 

Posed by Information Stored on 

Photocopiers, Fax Machines and Printers Guidance

The FDIC has issued the attached guidance, which describes the risk 

posed by sensitive information stored on certain electronic devices 

and how institutions should mitigate that risk. 9/15/2010 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2010/fil10056.html

N/A

FIL-56-2010

FIL-66-2010: Guidance on Golden 

Parachute Applications Guidance

As part of supervisory efforts to address executive compensation in 

the financial services industry, the FDIC is issuing the attached 

guidance on handling applications to make permissible golden 

parachute payments. This guidance clarifies the golden parachute 

application process for troubled institutions, specifies the type of 

information necessary to satisfy the certification requirements, and 

highlights factors considered by supervisory staff when determining 

whether to approve a golden parachute payment. 10/14/2010 FDIC-RMS

N/A N/A

FIL-66-2010

FIL-82-2010: Interagency Guidance: 

Appraisal and Evaluation Guidelines

Interagency 

Guidance

The federal financial regulatory agencies are issuing the attached 

Interagency Appraisal and Evaluation Guidelines (Guidelines) to 

update and replace existing supervisory guidance to reflect changes in 

appraisal and evaluation practices. The Guidelines build on 

longstanding, prudent standards for valuing real property. The 

Guidelines clarify that an analytical method or technological tool, such 

as an automated valuation model, cannot be substituted for an 

appraisal when the transaction requires an appraisal. Further, the 

Guidelines enhance the requirements for collateral valuation methods 

for transactions that permit the use of an evaluation. 12/2/2010 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2010/fil10082.html

N/A

FIL-82-2010

FIL-90-2010: Underwriting Standards for 

Small Business Loans Originated Under 

the Small Business Lending Fund 

Program Guidance

The Small Business Lending Fund (SBLF) Program was created pursuant 

to the Small Business Jobs Act of 2010 and directs the federal banking 

agencies to issue guidance regarding prudent underwriting standards 

for small business loans made with SBLF funds by SBLF participating 

institutions. The guidance is attached. 12/23/2010 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2010/fil10090.html

N/A

FIL-90-2010

FIL-17-2011: Bank Secrecy Act: Guidance 

on Accepting Accounts from Foreign 

Embassies, Consulates, and Missions Guidance

supplemental guidance regarding account services for foreign 

embassies, consulates, and missions 3/24/2011 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2011/fil11017.html

N/A

FIL-17-2011

FIL-31-2011: Supervisory Insights 

Journal: Special Foreclosure Edition Now 

Available Guidance

residential mortgage servicers and effective mortgage servicing 

practices 5/4/2011 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2011/fil11031.html

N/A

FIL-31-2011

FIL-47-2011: Guidance: Proposed 

Guidance on Stress Testing for Banking 

Organizations with More Than $10 

Billion in Total Consolidated Assets Guidance

proposed guidance on stress testing for banking organizations with 

more than $10 billion in total consolidated assets

FIL: 6/16/11

FR: 6/15/11 FDIC-RMS

76 FR 35072

https://www.fdic.gov/news/news/financial/2011/fil11047.html

N/A

FIL-47-2011

FIL-48-2011: Risk-Based Capital 

Standards: Final Rule on Advanced 

Capital Adequacy Framework-Basel II; 

Establishment of a Risk-Based Capital 

Floor Final Rule

final rule to amend the advanced risk-based capital adequacy 

standards

FIL: 6/17/11

FR: 6/28/11 FDIC-RMS

12 CFR Part 325

RIN 3064-AD58

https://www.fdic.gov/news/news/financial/2011/fil11048.html

N/A

FIL-48-2011

Page 17 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-50-2011: FFIEC Supplement to 

Authentication in an Internet Banking 

Environment Guidance

FFIEC Supplement to Authentication in an Internet Banking 

Environment 6/29/2011 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2011/fil11050.html

N/A

FIL-50-2011

FIL-53-2011: Counterparty Credit Risk 

Management: Supervisory Guidance Guidance Counterparty Credit Risk Management 7/5/2011 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2011/fil11053.html

N/A

FIL-53-2011

FIL-55-2011: Retail Foreign Exchange 

Transactions Final Rule Retail Foreign Exchange Transactions

FIL: 7/8/11

FR: 7/12/11 FDIC-RMS

12 CFR Part 349

RIN 3064-AD81 https://www.fdic.gov/news/news/financial/2011/fil11055.html N/A

FIL-55-2011

FIL-57-2011: Clarifications to the FDIC's 

Statement of Policy for Section 19 of the 

FDI Act Guidance

Clarifications to the FDIC's Statement of Policy for Section 19 of the FDI 

Act 8/8/2011 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2011/fil11057.html

N/A

FIL-57-2011

FIL-2-2012: Supervisory Guidance: 

Interest Rate Risk Management: 

Frequently Asked Questions Guidance Interest Rate Risk Management: Frequently Asked Questions 1/12/2012 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2012/fil12002.html

N/A

FIL-2-2012:

FIL-3-2012: Payment Processor 

Relationships: Revised Guidance Guidance Payment Processor Relationships 1/31/2012 FDIC-RMS

N/A https://www.fdic.gov/news/news/financial/2012/fil12003.html N/A

FIL-3-2012:

FIL-4-2012: Allowance for Loan and 

Lease Losses: Estimation Practices for 

Junior Liens on Residential Properties Guidance ALLL Estimation Practices for Junior Liens on Residential Properties 1/31/2012 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2012/fil12004.html

N/A

FIL-4-2012:

FIL-26-2012: Regulatory Capital Rules: 

Final Rule on Risk-Based Capital 

Standards: Market Risk Final Rule

The federal bank regulatory agencies (agencies) have jointly issued the 

attached final rule modifying the risk-based capital standards for 

market risk. The final rule incorporates improvements to the current 

trading book capital regime as proposed by the Basel Committee on 

Banking Supervision in Revisions to the Basel II Market Risk 

Framework published in July 2009 and The Application of Basel II to 

Trading Activities and the Treatment of Double Default Effects , 

published in July 2005. Statement of Applicability to Institutions with 

Total Assets Under $1 Billion: The final rule applies only to banks with 

aggregate trading assets and trading liabilities equal to 10 percent or 

more of quarter-end total assets, or aggregate trading assets and 

liabilities equal to $1 billion or more. 6/18/2012 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2012/fil12026.html

N/A

FIL-26-2012

FIL-34-2012: Investments in Corporate 

Debt Securities by Savings Associations Final Rule

The FDIC has issued a final rule that would prohibit state and federal 

savings associations from acquiring or holding a corporate debt 

security when the security's issuer does not have an adequate capacity 

to meet all financial commitments under the security for the projected 

life of the security. The final rule is being issued under section 939(a) 

of the Dodd-Frank Wall Street Reform and Consumer Protection Act. 

Savings associations must be in compliance with this rule by January 1, 

2013. Additionally, the FDIC has issued final guidance that sets forth 

due diligence standards for determining the credit quality of a 

corporate debt security.Statement of Applicability to Institutions 

Under $1 Billion in Total Assets: This guidance applies to all savings 

associations acquiring or holding corporate debt securities. 7/24/2012 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2012/fil12034.html

N/A

FIL-34-2012

Page 18 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-38-2012: FDIC Advisory on Effective 

Credit Risk Management Practices for 

Purchased Loan Participations Guidance

Financial institutions purchase loan participations to achieve growth 

and earnings goals, diversify credit risk, and deploy excess liquidity. 

Some institutions have successfully participated in shared credit 

facilities, which are arranged by bank and nonbank entities, by 

implementing effective due diligence and prudent credit risk 

management practices. However, purchasing banks' over-reliance on 

lead institutions has, in some instances, caused significant credit 

losses and contributed to bank failures, particularly for loans to out-ofterritory borrowers and obligors involved in industries unfamiliar to 

the bank. This Advisory reminds state nonmember institutions of the 

importance of underwriting and administering loan participations in 

the same diligent manner as if they were being directly originated by 

the purchasing institution.Statement of Applicability to Institutions 

With Total Assets Under $1 Billion: This Financial Institution Letter 

applies to all FDIC-supervised banks and savings associations, 

including community institutions. 9/12/2012 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2012/fil12038.html

N/A

FIL-38-2012

FIL-46-2012: Supervision of Technology 

Service Providers and Outsourcing 

Technology Services

Revised IT 

Workbook

The Federal Financial Institutions Examination Council (FFIEC) issued 

the revised Information Technology (IT) Examination Booklet on the 

Supervision of Technology Service Providers (TSP Booklet) and the 

updated IT Examination Booklet on Outsourcing Technology Services. 

The Board of Governors of the Federal Reserve System (FRS), the 

Federal Deposit Insurance Corporation (FDIC), and the Office of the 

Comptroller of the Currency (OCC) (collectively the Agencies) issued 

new Administrative Guidelines—Implementation of Interagency 

Programs for the Supervision of Technology Service Providers 

(Guidelines). Statement of Applicability to Institutions with Total 

Assets Under $1 Billion: These documents apply to all FDIC-supervised 

financial institutions 11/6/2012 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2012/fil12046.html

N/A

FIL-46-2012

FIL-47-2012: Regulatory Relief: Meeting 

the Financial Needs of Customers 

Affected by Hurricane Sandy and its 

Aftermath Guidance

The FDIC encourages depository institutions to consider all reasonable 

and prudent steps to assist customers in communities affected by 

recent storms. The FDIC realizes that although the effects of natural 

disasters on local businesses and individuals can be devastating, they 

often are transitory. The FDIC recognizes that efforts to work with 

borrowers in the affected communities can be consistent with safeand-sound banking practices and in the public interest. Statement of 

Applicability to Institutions Under $1 Billion in Total Assets: This 

Financial Institution Letter applies to all FDIC-supervised institutions, 

including community banks. 11/9/2012 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2012/fil12047.html

N/A

FIL-47-2012

Page 19 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-48-2012: Revised Standards of 

Creditworthiness for Investment 

Securities Guidance

The FDIC is issuing this Financial Institution Letter (FIL) to remind FDICsupervised institutions of recent regulatory changes regarding the 

permissibility of certain investment activities. On June 4, 2012, the 

Office of the Comptroller of the Currency (OCC) adopted a final rule 

(OCC final rule) and related guidance that removes references to credit 

ratings in OCC regulations pertaining to investment securities (77 FR 

35253 and 35259) consistent with section 939A of the Dodd-Frank 

Wall Street Reform and Consumer Protection Act. Under part 362 of 

the FDIC’s regulations, insured state banks generally are prohibited 

from engaging in an investment activity that is not permissible for a 

national bank under OCC regulations, including the requirements of 

the OCC final rule. The acquisition of a corporate debt security by a 

federal or state savings association is subject to section 28(d) of the 

Federal Deposit Insurance (FDI) Act and the requirements of a final 

rule (FDIC final rule) adopted by the FDIC on July 18, 2012 (77 FR 

43151), described in FIL-34-2012 (available at 

http://www.fdic.gov/news/news/financial/2012/fil12034.html). The 

FDIC's rule regarding corporate debt securities investments by federal 

and state savings associations is largely consistent with the OCC final 

rule and related guidance regarding due diligence considerations and 

creditworthiness standards for investment securities. Statement of 

Applicability to Institutions Under $1 Billion in Total Assets: This FIL 

applies to all FDIC-supervised institutions, including those with less 

than $1 billion in assets. 11/16/2012 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2012/fil12048.html

N/A

FIL-48-2012

FIL-50-2012: Interagency Statement on 

Section 612 of the Dodd-Frank Act, 

Restrictions on Conversions of Troubled 

Banks

Interagency 

Guidance

Section 612 of the Dodd-Frank Wall Street Reform and Consumer 

Protection Act (Dodd-Frank Act) imposes restrictions on conversions of 

certain national banks or federal savings associations to statechartered institutions and conversions of certain state-chartered 

banks or savings associations to national banks or federal savings 

associations. The agencies that administer Section 612—the Federal 

Deposit Insurance Corporation (FDIC), the Board of Governors of the 

Federal Reserve System (Board), and the Office of the Comptroller of 

the Currency (OCC) (collectively, the Agencies)—together with the 

Conference of State Bank Supervisors (CSBS) are issuing this 

Interagency Statement to outline supervisory expectations for 

conversions covered by this law. Statement of Applicability to 

Institutions With Total Assets Under $1 Billion: This Financial 

Institution Letter applies to all FDIC-supervised banks and savings 

associations, including community institutions. 11/26/2012 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2012/fil12050.html

N/A

FIL-50-2012

Page 20 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-11-2013: Appraisal Requirements for 

Higher-Priced Mortgage Loans and 

Resources Regarding Other CFPB 

Mortgage-Related Rulemakings Final Rule

On January 18, 2013, the Federal Deposit Insurance Corporation, the 

Board of Governors of the Federal Reserve System, the National Credit 

Union Administration, the Office of the Comptroller of the Currency, 

the Federal Housing Finance Agency, and the Consumer Financial 

Protection Bureau (CFPB) issued a final rule that establishes new 

appraisal requirements for higher-priced mortgage loans. Under the 

Dodd-Frank Wall Street Reform and Consumer Protection Act , 

mortgage loans are higher priced if they are secured by a consumer's 

home and have interest rates above certain thresholds. In addition, a 

number of important changes to CFPB mortgage-related rules also are 

underway, and the FDIC is making available to the public several 

resources addressing these changes. Statement of Applicability to 

Institutions Under $1 Billion in Total Assets: This Financial Institution 

Letter applies to all FDIC-supervised institutions, including community 

banks 3/18/2013 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2013/fil13011.html

N/A

FIL-11-2013

FIL-46-2013: Managing Sensitivity to 

Market Risk in a Challenging Interest 

Rate Environment Guidance

The FDIC is re-emphasizing the importance of prudent interest rate 

risk oversight and risk management processes to ensure FDICsupervised institutions are prepared for a period of rising interest 

rates.Statement of Applicability to Institutions With Total Assets 

Under $1 Billion: This Financial Institution Letter applies to all FDICsupervised banks and savings associations, including community 

institutions. 10/8/2013 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2013/fil13046.html

N/A

FIL-46-2013

FIL-47-2013: Director and Officer Liability 

Insurance Policies, Exclusions, and 

Indemnification for Civil Money 

Penalties

Guidance and Rule 

Reminder

The FDIC has recently noted an increase in exclusionary terms or 

provisions in director and officer liability insurance policies purchased 

by financial institutions. These exclusions may limit insurance 

coverage under certain circumstances, thereby increasing the 

potential personal exposure of board members and bank officers in 

civil lawsuits. The attached advisory discusses the importance of 

thoroughly reviewing and understanding the risks associated with 

coverage exclusions contained in director and officer liability insurance 

policies. Additionally, the FDIC is issuing a reminder that an insured 

depository institution or depository institution holding company may 

not purchase an insurance policy that would indemnify institutionaffiliated parties (IAPs) for civil money penalties (CMPs) assessed 

against them. Even if the IAP agrees to reimburse the depository 

institution for the cost of such coverage, the purchase of the insurance 

policy by the depository institution is prohibited. Statement of 

Applicability to Institutions With Total Assets Under $1 Billion: This 

Financial Institution Letter applies to all FDIC-supervised banks and 

savings associations, including community institutions. 10/10/2013 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2013/fil13047.html

N/A

FIL-47-2013

FIL-49-2013: Annual Stress-Test 

Reporting Template and Documentation 

for Covered Banks with Total 

Consolidated Assets of $10 Billion to $50 

Billion Rule Related

The FDIC is issuing this notice to describe the reports and information 

required to meet the reporting requirements under Section 165(i)(2) 

of the Dodd-Frank Wall Street Reform and Consumer Protection Act 

for covered banks with total consolidated assets between $10 billion 

and $50 billion. Statement of Applicability to Institutions Under $1 

Billion in Total Assets: This Financial Institution Letter is not applicable 

to FDIC-supervised banks and savings associations with total assets of 

less than $1 billion 10/21/2013 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2013/fil13049.html

N/A

FIL-49-2013

Page 21 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-59-2013: Qualified and Non-Qualified 

Mortgage Loans: Interagency Statement 

on Supervisory Approach

Interagency 

Guidance

The federal financial institution regulatory agencies jointly issued an 

interagency statement on their supervisory approach for residential 

mortgage loans. The agencies recognize that many institutions are 

assessing how to implement the Ability-to-Repay and Qualified 

Mortgage (QM) Standards Rule issued by the Consumer Financial 

Protection Bureau. The agencies will not subject a residential 

mortgage loan to regulatory criticism based solely on the loan's status 

as a QM or a non-QM. Statement of Applicability to Institutions Under 

$1 Billion in Total Assets: This Financial Institution Letter applies to all 

FDIC-supervised banks and savings associations, including community 

institutions. 12/13/2013 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2013/fil13059.html

N/A

FIL-59-2013

FIL-13-2013: Final Joint Guidance on 

Leveraged Lending

Interagency 

Guidance

The Federal Deposit Insurance Corporation, Board of Governors of the 

Federal Reserve System, and the Office of the Comptroller of the 

Currency are issuing the final guidance on leveraged lending activities. 

This guidance defines leveraged lending, addresses expectations for 

the content of credit policies, outlines the need for well-defined 

underwriting and valuation standards, and reinforces the importance 

of credit analytics and pipeline management for this type of lending. 

Guidelines for the purchase of participations involving leveraged loans 

also are included. Statement of Applicability to Institutions With Total 

Assets Under $1 Billion: This Financial Institution Letter applies to all 

FDIC-supervised banks and savings associations, including community 

institutions. However, the majority of community institutions should 

not be affected by this guidance as they have limited exposure to 

leveraged credits. FDIC-supervised community institutions that engage 

in leveraged lending activities should discuss with the FDIC 

implementation of cost-effective controls appropriate for the 

complexity of their exposures and activities. 3/27/2013 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2013/fil13013.html

N/A

FIL-13-2013

FIL-31-2013: Regulatory Capital Rules: 

Regulatory Capital, Implementation of 

Basel III, Capital Adequacy, Transition 

Provisions, Prompt Corrective Action; 

Standardized Approach for RiskWeighted Assets; Market Discipline and 

Disclosure Requirements Interim Final Rule

The FDIC has issued the attached interim final rule that revises the 

existing capital rules to incorporate certain revisions to the Basel 

capital framework, including Basel III and other elements. The interim 

final rule strengthens the definition of regulatory capital, increases riskbased capital requirements, and makes selected changes to the 

calculation of risk-weighted assets. The interim final rule contains 

regulatory text that is identical to the common rule text adopted as a 

final rule by the Board of Governors of the Federal Reserve System and 

the Office of the Comptroller of the Currency. Statement of 

Applicability to Institutions with Total Assets Under $1 Billion: This 

Financial Institution Letter (FIL) is applicable to all banks. Attached to 

this FIL is a summary of the interim final rule for smaller, less complex 

community banking organizations. An informational video and an 

expanded summary on the interim final rule can be found on the 

FDIC’s Web site at www.fdic.gov/regulations/capital. 7/9/2013 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2013/fil13031.html

N/A

FIL-31-2013

Page 22 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-32-2013: Regulatory Capital Rules: 

Advanced Approaches Risk-Based Capital 

Rule and Market Risk Capital Rule Interim Final Rule

The FDIC has issued the attached interim final rule that revises the 

advanced approaches risk-based capital rule (advanced approaches 

rule) to incorporate revisions by the Basel Committee on Banking 

Supervision to the Basel capital framework (Basel III) in a manner 

consistent with the Dodd-Frank Wall Street Reform and Consumer 

Protection Act (Dodd-Frank Act). The interim final rule also applies the 

market risk capital rules to state savings associations. The interim final 

rule contains regulatory text that is identical to the common rule text 

adopted as a final rule by the Board of Governors of the Federal 

Reserve System and the Office of the Comptroller of the Currency. 

Statement of Applicability to Institutions with Total Assets Under $1 

Billion: This Financial Institution Letter, which discusses changes to the 

advanced approaches rule and the market risk rule, is generally not 

applicable to banks with total assets less than $1 billion. The market 

risk rule applies to institutions with trading assets and liabilities of $1 

billion or more, or trading assets and liabilities equal to 10 percent or 

more of total assets. 7/9/2013 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2013/fil13032.html

N/A

FIL-32-2013

FIL-43-2013: FDIC Supervisory Approach 

to Payment Processing Relationships 

With Merchant Customers That Engage 

in Higher-Risk Activities FDIC Guidance

The FDIC is clarifying its policy and supervisory approach related to 

facilitating payment processing services directly, or indirectly through 

a third party, for merchant customers engaged in higher-risk activities. 

Facilitating payment processing for merchant customers engaged in 

higher-risk activities can pose risks to financial institutions; however, 

those that properly manage these relationships and risks are neither 

prohibited nor discouraged from providing payment processing 

services to customers operating in compliance with applicable law. 

Statement of Applicability to Institutions With Total Assets Under $1 

Billion: This Financial Institution Letter applies to all FDIC-supervised 

banks and savings associations, including community institutions. 9/27/2013 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2013/fil13043.html

N/A

FIL-43-2013

FIL-50-2013: Troubled Debt 

Restructurings Interagency Supervisory 

Guidance

Interagency 

Guidance

The federal financial institution regulatory agencies have jointly issued 

supervisory guidance clarifying certain issues related to the accounting 

treatment and regulatory classification of commercial and residential 

real estate loans that have undergone troubled debt restructurings 

(TDRs). The agencies' guidance reiterates key aspects of previously 

issued guidance and discusses the definition of a collateral-dependent 

loan and the classification and charge-off treatment for impaired 

loans, including TDRs. Statement of Applicability to Institutions Under 

$1 Billion in Total Assets: This Financial Institution Letter applies to all 

FDIC-supervised banks and savings associations, including community 

institutions. 10/24/2013 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2013/fil13050.html

N/A

FIL-50-2013

Page 23 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-51-2013: Uniform Agreement on the 

Classification and Appraisal of Securities 

Held by Financial Institutions

Interagency 

Guidance

The FDIC and the other federal banking agencies are issuing the 

attached joint statement to update and revise the 2004 Uniform 

Agreement on the Classification of Assets and Appraisal of Securities 

Held by Banks and Thrifts (2004 Agreement). The statement reiterates 

the importance of a robust investment analysis process and the 

agencies' longstanding asset classification definitions. It also addresses 

Section 939A of the Dodd-Frank Wall Street Reform and Consumer 

Protection Act (Dodd-Frank Act), which directed the agencies to 

remove any reference to or requirement of reliance on credit ratings in 

the regulations and replace them with appropriate standards of 

creditworthiness. State nonmember institutions should use this 

statement for the classification and treatment of investment 

securities. Statement of Applicability to Institutions With Total Assets 

Under $1 Billion: This Financial Institution Letter applies to all FDICsupervised banks and savings associations, including community 

institutions. 10/29/2013 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2013/fil13051.html

N/A

FIL-51-2013

FIL-58-2013: Volcker Rule: Prohibitions 

on Proprietary Trading and Certain 

Relationships with Hedge Funds and 

Private Equity Funds

Rule 

Announcement

The federal banking agencies, along with the U.S. Securities and 

Exchange Commission and the Commodity Futures Trading 

Commission, have issued final rules to implement Section 619 of the 

Dodd-Frank Wall Street Reform and Consumer Protection Act, also 

known as the “Volcker Rule” (Final Rule). The Volcker Rule generally 

prohibits any banking entity from engaging in proprietary trading or 

acquiring or retaining an ownership interest in, sponsoring, or having 

certain relationships with a hedge fund or private equity fund (covered 

fund), subject to certain exemptions. Statement of Applicability to 

Institutions with Total Assets Under $1 Billion: This Financial 

Institution Letter is applicable to all banks regardless of asset size. An 

addendum is included that describes how the rule would typically 

apply to smaller, less complex banking entities. 12/12/2013 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2013/fil13058.html

N/A

FIL-58-2013

FIL-62-2013: Statement Regarding 

Treatment of Certain Collateralized Debt 

Obligations Backed by Trust Preferred 

Securities under the Rules implementing 

Section 619 of the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act Guidance

The federal banking agencies, along with the U.S. Securities and 

Exchange Commission (the Agencies), have issued a statement 

regarding the treatment of Collateralized Debt Obligations (CDOs) that 

contain Trust Preferred Securities (TruPS) under section 13 of the Bank 

Holding Company Act, which implements section 619 of the DoddFrank Wall Street Reform and Consumer Protection Act (Dodd-Frank 

Act), also known as the "Volcker Rule." The Agencies are currently 

considering whether it would be appropriate and consistent with the 

Dodd-Frank Act not to subject TruPS CDOs to the investment 

prohibitions of the Volcker Rule. Statement of Applicability to 

Institutions with Total Assets Under $1 Billion: This Financial 

Institution Letter is applicable to all institutions holding TruPS CDOs 

regardless of asset size. 12/30/2013 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2013/fil13062.html

N/A

FIL-62-2013

FIL-10-2014: ATM and Card 

Authorization Systems FFIEC Statement

The FDIC, as a member of the Federal Financial Institutions 

Examination Council (FFIEC), is issuing the attached statement 

describing risks related to recent cyber-attacks on automated teller 

machines (ATMs) and card authorization systems that have resulted in 

large dollar frauds. The FDIC expects financial institutions to take steps 

to address this threat. 4/2/2014 FDIC-RMS/ FFIEC

N/A

https://www.fdic.gov/news/news/financial/2014/fil14010.html

N/A

FIL-10-2014

Page 24 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-11-2014: Distributed Denial of 

Service (DDoS) Attacks FFIEC Statement

The FDIC, as a member of the Federal Financial Institutions 

Examination Council (FFIEC), has issued the attached statement to 

notify institutions of the risks associated with the continued 

distributed denial of service (DDoS) attacks on public-facing Web sites 

and the steps institutions are expected to take to address the risks 

posed by such attacks 4/2/2014 FDIC-RMS/ FFIEC

N/A

https://www.fdic.gov/news/news/financial/2014/fil14011.html

N/A

FIL-11-2014

FIL-12-2014: Regulatory Relief: Guidance 

to Help Financial Institutions and 

Facilitate Recovery in Areas of 

Washington State Affected by Flooding 

and Mudslides Agency statement

Regulatory relief to financial institutions and to facilitate recovery in 

areas of Washington state affected by flooding and mudslides. 4/4/2014 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2014/fil14012.html

N/A

FIL-12-2014

FIL-3-2014: Revisions to the 

Consolidated Reports of Condition and 

Income and the FFIEC 101 Report Guidance

Revisions to the Consolidated Reports of Condition and Income (Call 

Report); finalized changes to the regulatory capital components and 

ratios portion of Call Report. 1/22/2014 FDIC-RMS/ FFIEC

N/A

https://www.fdic.gov/news/news/financial/2014/fil14003.html

N/A

FIL-3-2014

FIL-4-2014: Revisions to Regulatory 

Reports Guidance

Revisions to th Call Report, including Regulatory Capital Reporting for 

Institutions Subject to the Advanced Capital Adequacy Framework; 

subject to approval by the U.S. Office of Management and Budget. 1/24/2014 FDIC-RMS/ FFIEC

N/A

https://www.fdic.gov/news/news/financial/2014/fil14004.html

N/A

FIL-4-2014

FIL-7-2014: Recordkeeping and 

Confirmation Requirements for 

Securities Transactions Rule

 Final Rule amending 12 C.F.R. Part 344 to establish uniform 

recordkeeping and confirmation requirements for all FDIC-supervised 

institutions. The Final Rule also increased the threshold for certain 

recordkeeping requirements, lessening industry burden. 2/4/2014 FDIC-RMS 78 FR 76721 https://www.fdic.gov/news/news/financial/2014/fil14007.html

N/A

FIL-7-2014

FIL-33-2014: Interagency Guidance on 

Home Equity Lines of Credit (HELOCs) 

Nearing Their End-of-Draw Period

Interagency 

Guidance

The HELOC guidance provides a framework for managing HELOCs 

nearing their end-of draw period and communicating and prudently 

working with HELOC borrowers experiencing financial difficulties. 7/1/2014 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2014/fil14033.html

N/A

FIL-33-2014

FIL-41-2014: FDIC Clarifying Supervisory 

Approach to Institutions Establishing 

Account Relationships with Third-Party 

Payment Processors Guidance

FDIC's policy that insured institutions that properly manage customer 

relationships are neither prohibited nor discouraged from providing 

services to any customer operating in compliance with applicable law. 

Accordingly, the FDIC is clarifying its guidance to reinforce this 

approach, and as part of this clarification, the FDIC is removing the 

lists of examples of merchant categories from its official guidance and 

informational article. 7/24/2014 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2014/fil14041.html

N/A

FIL-41-2014

FIL-46-2014: Liquidity Coverage Ratio: 

Final Rule

Interagency rule 

(FDIC Part 329)

Implements a quantitative liquidity requirement consistent with the 

liquidity coverage ratio (LCR) established by the Basel Committee on 

Banking Supervision. 9/9/2014 FDIC-RMS

79 FR 61440

https://www.fdic.gov/news/news/financial/2014/fil14046.html

N/A

FIL-46-2014

FIL-53-2014: Interagency Guidance on 

Leveraged Lending: Frequently Asked 

Questions (FAQs) FAQs

Interagency Guidance on Leveraged Lending: Frequently Asked 

Questions (FAQS) 11/13/2014 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2014/fil14053.html

N/A

FIL-53-2014

FIL-54-2014: Filing and Documentation 

Procedures for State Banks Engaging, 

Directly or Indirectly, in Activities or 

Investments That Are Permissible for 

National Banks Guidance

A State bank (or its subsidiary) engaging in activities or investments 

(Activities) permissible for a national bank (or its subsidiary) should 

establish and maintain files documenting that those Activities (as well 

as the organizational structure of the subsidiary) are permissible for a 

national bank (or its subsidiary). 11/19/2014 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2014/fil14054.html

N/A

FIL-54-2014

FIL-55-2014: Credit Risk Retention: Final 

Rule

Interagency Rule 

(FDIC Part 373)

Interagency final rule that implements the securitization risk retention 

requirements in the Dodd-Frank Wall Street Act . 12/24/2014 FDIC-RMS

79 FR 77602 https://www.fdic.gov/news/news/financial/2014/fil14055.html N/A

FIL-55-2014

Page 25 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-16-2014: Technology Alert: OpenSSL 

"Heartbleed" Vulnerability

FFIEC Advisory 

statement

Alert advising financial institutions of a material security vulnerability 

in OpenSSL, a popular cryptographic library used to authenticate 

Internet services and encrypt sensitive information. 4/11/2014 FDIC-RMS/ FFIEC https://www.fdic.gov/news/news/financial/2014/fil14016.html

N/A

FIL-16-2014

FIL-19-2014: Regulatory Capital Rules: 

Regulatory Capital, Enhanced 

Supplementary Leverage Ratio Standards 

for Certain Bank Holding Companies and 

their Subsidiary Insured Depository 

Institutions Joint rule

Joint final rule that strengthens the leverage requirements applicable 

to the largest, most systemically important banking organizations and 

their subsidiary insured depository institutions; FDIC Part 324. 4/25/2014 FDIC-RMS

79 FR 24528

https://www.fdic.gov/news/news/financial/2014/fil14019.html

N/A

FIL-19-2014

FIL-30-2014: Intercompany Income Tax 

Allocation Agreements

Interagency 

Guidance

Addendum to supplement and clarify the 1998 Interagency Policy 

Statement on Income Tax Allocation in a Holding Company Structure 

(Interagency Policy Statement). The agencies are issuing the 

addendum to ensure that insured depository institutions (IDIs) in a 

consolidated group maintain an appropriate relationship regarding the 

payment of taxes and the treatment of tax refunds. 6/19/2014 FDIC-RMS

79 FR 35228

https://www.fdic.gov/news/news/financial/2014/fil14030.html

N/A

FIL-30-2014

FIL-40-2014: Regulatory Capital Rules: 

Requests from S-Corporation Banks for 

Dividend Exceptions to the Capital 

Conservation Buffer Guidance

How the FDIC will consider requests from S-corporation banks or 

savings associations (henceforth, "banks") to pay dividends to 

shareholders to cover taxes on their pass-through share of the bank's 

earnings, when these dividends would otherwise not be permitted 

under the capital conservation buffer requirements in the Basel III 

rule. 7/21/2014 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2014/fil14040.html

N/A

FIL-40-2014

FIL-45-2014: Regulatory Capital Rules: 

Regulatory Capital, Revisions to the 

Supplementary Leverage Ratio Rule

Joint final rule that revises the denominator of the supplementary 

leverage ratio (total leverage exposure) under the revised regulatory 

capital rule adopted by the agencies in July 2013 (2013 revised capital 

rule). 9/9/2014 FDIC-RMS

79 FR 57725

https://www.fdic.gov/news/news/financial/2014/fil14045.html

N/A

FIL-45-2014

FIL-48-2014: Regulatory Relief: Guidance 

to Help Financial Institutions and 

Facilitate Recovery in Areas of Michigan 

Affected by Severe Storms and Flooding Guidance

Regulatory relief to financial institutions and to facilitate recovery in 

areas of Michigan affected by severe storms and flooding. 9/26/2014 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2014/fil14048.html

N/A

FIL-48-2014

FIL-56-2014: Guidance Related to the 

FDIC Statement of Policy on Applications 

for Deposit Insurance Guidance

"Questions and Answers" or "Q&As" to aid applicants in developing 

proposals for deposit insurance and to provide transparency to the 

application process. 11/20/2014 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2014/fil14056.html

N/A

FIL-56-2014

FIL-60-2014: Bank Secrecy Act: Revised 

Bank Secrecy Act/Anti-Money 

Laundering Examination Manual FFIEC Manual

FFIEC issued revised Bank Secrecy Act/Anti-Money Laundering 

(BSA/AML) Examination Manual. 12/3/2014 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2014/fil14060.html

N/A

FIL-60-2014

FIL-10-2015 Regulatory Capital Reporting 

Changes Guidance

FFIEC revisions to the reporting of risk-weighted assets in Call Report, 

incorporating the standardized approach for calculating risk weighted 

assets under the banking agencies' revised regulatory capital rules. 2/23/2015 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2015/fil15010.html

N/A

FIL-10-2015

FIL-12-2015 Regulatory Capital Rules: 

Accumulated Other Comprehensive 

Income (AOCI) Opt-Out Election Guidance

Reminder to FDIC-supervised institutions not subject to the advanced 

approaches risk-based capital rules that they may elect to calculate 

regulatory capital using the treatment for accumulated other 

comprehensive income (AOCI) permitted in the FDIC's general 

regulatory capital rules in effect prior to January 1, 2015. 3/23/2015 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2015/fil15012.html

N/A

FIL-12-2015

FIL-2-2015 Guidance on Identifying, 

Accepting, and Reporting Brokered 

Deposits

FAQs rescinded; 

replaced by 2016 

FAQs.

FDIC encourages institutions to take a risk-based approach in assessing 

individual customer relationships rather than declining to provide 

banking services to entire categories of customers. FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2015/fil15002.html

N/A

FIL-2-2015 

Page 26 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-5-2015 Statement on Providing 

Banking Services Guidance

The FDIC is issuing this statement to encourage institutions to take a 

risk-based approach in assessing individual customer relationships 

rather than declining to provide banking services to entire categories 

of customers. Statement of Applicability to Institutions with Total 

Assets Under $1 Billion: This Financial Institution Letter applies to all 

FDIC-supervised institutions. 1/28/2015 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2015/fil15005.html

N/A

FIL-5-2015 

FIL-6-2015 Guidance on Private Student 

Loans with Graduated Repayment Terms 

at Loan Origination Guidance

The agencies1, in conjunction with the State Liaison Committee (SLC), 

have issued Guidance on Private Student Loans with Graduated 

Repayment Terms at Loan Origination (Student Loan Guidance). The 

Student Loan Guidance recognizes that students leaving a higher 

education program may prefer more flexibility with their payments as 

they transition into the labor market. Financial institutions that 

originate private student loans with graduated repayment terms 

should prudently underwrite the loans and provide disclosures that 

clearly communicate the timing and the amount of payments to 

facilitate a borrower's understanding of the loan's terms and features. 

Statement of Applicability to Institutions Under $1 Billion in Total 

Assets: This Financial Institution Letter applies to FDIC-supervised 

institutions that originate private student loans. 2/2/2015 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2015/fil15006.html

N/A

FIL-6-2015 

FIL-9-2015 Business Continuity Planning 

Booklet Appendix J Update to FFIEC IT 

Examination Handbook Series

Appendix to IT 

Exam book

The Federal Financial Institutions Examination Council (FFIEC) has 

issued an appendix to the Business Continuity Planning (BCP) booklet 

of the FFIEC Information Technology Examination Handbook entitled 

"Strengthening the Resilience of Outsourced Technology Services." 

The booklet is part of the IT Examination Handbook series and 

provides guidance to assist examiners in evaluating the risk 

management processes of financial institutions and service providers 

to ensure the availability of critical financial services. Statement of 

Applicability to Institutions With Total Assets Under $1 Billion: This 

Financial Institution Letter applies to all FDIC-supervised financial 

institutions. 2/23/2015 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2015/fil15009.html

N/A

FIL-9-2015 

FIL-19-2015 Minimum Requirements for 

Appraisal Management Companies Final Rule

The agencies 1 issued a final rule to implement the minimum 

requirements in the Dodd-Frank Wall Street Reform and Consumer 

Protection Act for the registration and supervision of appraisal 

management companies (AMCs). An AMC is an entity that meets the 

statutory appraiser panel threshold size and provides certain types of 

appraisal management services in connection with valuing a 

consumer’s principal dwelling as security for a consumer credit 

transaction or incorporating such transactions into securitizations. 

Statement of Applicability to Institutions Under $1 Billion in Total 

Assets: This Financial Institution Letter applies only to those FDICsupervised institutions, including community banks, that own an AMC 

that meets the statutory appraiser panel threshold size of more than 

15 appraisers in one state or 25 or more appraisers in two or more 

states. The FDIC is not aware of any FDIC-supervised institutions that 

currently own an AMC that meets the statutory appraiser panel 

threshold size.

4/30/2015

Revised (08/15) FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2015/fil15019.html

N/A

FIL-19-2015

Page 27 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-49-2015: Advisory on Effective Risk 

Management Practices for Purchased 

Loans and Purchased Loan Participations Guidance

The FDIC is issuing the attached Advisory to update information 

contained in the FDIC Advisory on Effective Credit Risk Management 

Practices for Purchased Loan Participations (FIL-38-2012). This 

updated Advisory addresses purchased loans and loan participations 

and reminds FDIC-supervised institutions of the importance of 

underwriting and administering these purchased credits as if the loans 

were originated by the purchasing institution. The updated Advisory 

also reminds institutions that third-party arrangements to facilitate 

loan and loan participation purchases should be managed by an 

effective third-party risk management process. Statement of 

Applicability to Institutions with Total Assets Under $1 Billion: This 

Financial Institution Letter applies to all FDIC-supervised banks and 

savings associations, including community institutions. 11/6/2015 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2015/fil15049.html

N/A

FIL-49-2015

FIL-50-2015: Supervisory Guidance on 

the Capital Treatment of Certain 

Investments in Covered Funds Guidance

The FDIC is issuing this Financial Institution Letter ("FIL") to FDICsupervised institutions to clarify the interaction between the 

regulatory capital rule and the final rule implementing section 13 of 

the Bank Holding Company Act ("Volcker rule") with respect to the 

appropriate capital treatment for investments in certain private equity 

funds and hedge funds ("covered funds"). Statement of Applicability to 

Institutions with Total Assets Under $1 Billion: This FIL is applicable to 

FDIC-supervised institutions that hold covered funds, and the 

expectation is that such institutions do not frequently hold covered 

funds. 11/6/2015 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2015/fil15050.html

N/A

FIL-50-2015

FIL-52-2015: FDIC Clarifying its Approach 

to Banks Offering Products and Services, 

such as Deposit Accounts and Extensions 

of Credit, to Non-Bank Payday Lenders Guidance

The FDIC is reissuing FIL-14-2005, "Payday Lending Programs: Revised 

Examination Guidance," and its attachment, "Revised Guidelines for 

Payday Lending," (collectively, the 2005 Payday Lending Guidance) to 

ensure that bankers and others are aware that it does not apply to 

banks offering products and services, such as deposit accounts and 

extensions of credit, to non-bank payday lenders. Financial institutions 

that can properly manage customer relationships and effectively 

mitigate risks are neither prohibited nor discouraged from providing 

services to any category of business customers or individual customers 

operating in compliance with applicable state and federal laws. 

Statement of Applicability to Institutions with Total Assets Under $1 

Billion: FIL-14-2005 applies to all FDIC-supervised financial institutions 

that make payday loans. 11/16/2015 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2015/fil15052.html

N/A

FIL-52-2015

FIL-60-2015: Final Rule Amending the 

Filing Requirements and Processing 

Procedures for Changes in Control Final Rule

The final rule amending the FDIC's filing requirements and processing 

procedures for notices filed under the Change in Bank Control Act 

consolidates and conforms the regulations of state nonmember banks, 

state savings associations, and certain parent companies, and makes 

existing FDIC practices more transparent. The final rule adopts certain 

provisions intended to establish consistency with the regulations of 

the other federal banking agencies. The final rule takes effect January 

1, 2016. Statement of Applicability to Institutions with Total Assets 

Under $1 Billion: This Financial Institution Letter applies to all FDICsupervised institutions. 12/16/2015 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2015/fil15060.html

N/A

FIL-60-2015

Page 28 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-61-2015: Margin and Capital 

Requirements for Covered Swap Entities Final Rule

The FDIC, the Office of the Comptroller of the Currency, the Board of 

Governors of the Federal Reserve System, the Farm Credit 

Administration, and the Federal Housing Finance Agency (the 

Agencies) have adopted a final rule to implement Sections 731 and 

764 of the Dodd-Frank Wall Street Reform and Consumer Protection 

Act (Dodd-Frank Act). These sections require the agencies to adopt 

rules jointly to establish capital requirements and initial and variation 

margin requirements for all non-cleared swaps and non-cleared 

security-based swaps of dealers and major participants. The capital 

requirements under these sections have been previously incorporated 

in the Agencies' capital rules. Statement of Applicability to Institutions 

with Total Assets Under $10 Billion: In conjunction with the final rule, 

the Agencies have adopted an interim final rule that would exempt 

swaps entered into by financial institutions with total assets of $10 

billion or less from the final rule, provided the swaps were entered 

into for hedging purposes. The Agencies seek comments on the 

interim final rule, for which the comment period closes January 31, 

2016. 12/16/2015 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2015/fil15061.html

N/A

FIL-61-2015

FIL-62-2015: Statement on Prudent Risk 

Management for CRE Loans

Interagency 

Statement

The Federal banking agencies1 are issuing an interagency statement to 

highlight prudent risk-management practices from existing guidance 

that regulated financial institutions should apply in the management 

of their commercial real estate (CRE) lending activity. Financial 

institutions should implement risk-management practices and 

maintain capital levels commensurate with the level and nature of 

their CRE concentration risk. Statement of Applicability to Institutions 

With Total Assets Under $1 Billion: This Financial Institution Letter 

applies to all FDIC-supervised institutions. 12/18/2015 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2015/fil15062.html

N/A

FIL-62-2015

FIL-13-2015 FFIEC Joint Statements on 

Destructive Malware and Compromised 

Credentials

FFIE Joint 

Statements 

(guidance)

The Federal Financial Institutions Examination Council (FFIEC) has 

issued two joint statements to alert financial institutions to specific 

risk mitigation techniques related to destructive malware and cyber 

attacks that compromise credentials. Statement of Applicability to 

Institutions With Total Assets Under $1 Billion: This Financial 

Institution Letter applies to all FDIC-supervised financial institutions. 3/30/2015 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2015/fil15013.html

N/A

FIL-13-2015

FIL-16-2015 Regulatory Capital Rules: 

Frequently Asked Questions FAQ

The FDIC has issued the attached frequently asked questions (FAQs) 

related to the revised regulatory capital rules. The FAQs are based on 

questions received from the banking industry, many of which came 

from community banks. The release of the FAQs furthers the FDIC's 

efforts to provide technical assistance as part of the implementation 

of the revised regulatory capital rules. The FAQs are available on the 

FDIC's Web site at 

https://fdic.gov/regulations/capital/capital/faq.html and will be 

updated as needed. Statement of Applicability to Institutions with 

Total Assets Under $1 Billion: This Financial Institution Letter (FIL) is 

applicable to all FDIC-supervised banks. The attached FAQs may be 

applicable to smaller, less complex community banking organizations. 4/6/2015 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2015/fil15016.html

N/A

FIL-16-2015

Page 29 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-21-2016 Bank Secrecy Act: 

Interagency Guidance to Issuing Banks 

on Applying Customer Identification 

Program Requirements to Holders of 

Prepaid Cards

Interagency 

Guidance

The federal banking agencies (FBAs) and the Financial Crimes 

Enforcement Network (FinCEN) are issuing the attached guidance to 

clarify existing Customer Identification Program (CIP) requirements for 

banks that issue prepaid cards. Statement of Applicability: This 

Financial Institution Letter applies to all FDIC-supervised institutions. 3/21/2016 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2016/fil16021.html

N/A

FIL-21-2016

FIL-5-2016 Interagency Advisory on 

External Audits of Internationally Active 

U.S. Financial Institutions

Interagency 

Guidance

The FDIC, the Office of the Comptroller of the Currency, and the Board 

of Governors of the Federal Reserve System (the agencies) are issuing 

an advisory to indicate their support for the principles and 

expectations set forth in the Basel Committee on Banking 

Supervision's March 2014 guidance on "External audits of banks" 

(BCBS external audit guidance). The advisory also explains the 

agencies' supervisory expectations regarding how internationally 

active U.S. financial institutions should address differences between 

the standards and practices followed in the United States and the 

principles and expectations in the BCBS external audit guidance. For 

purposes of the advisory, internationally active U.S. financial 

institutions include insured depository institutions with consolidated 

total assets of $250 billion or more or consolidated total on balance 

sheet foreign exposure of $10 billion or more. Statement of 

Applicability to Institutions under $1 Billion in Total Assets: This 

Financial Institution Letter is not applicable to insured depository 

institutions with consolidated total assets of less than $1 billion. 1/15/2016 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2016/fil16005.html

N/A

FIL-5-2016 

FIL-12-2016 Interagency Guidance on 

Funds Transfer Pricing Related to 

Funding and Contingent Liquidity Risks 

Interagency 

Guidance

The FDIC, with the Board of Governors of the Federal Reserve System 

and the Office of the Comptroller of the Currency, is issuing guidance 

to clarify supervisory expectations for an effective funds transfer 

pricing (FTP) framework. The guidance builds on the principles of 

sound liquidity risk-management practices outlined in existing 

regulatory guidance. Statement of Applicability to Institutions with 

Total Assets under $1 Billion: This guidance is applicable to banks with 

consolidated assets of $250 billion or more, domestic bank holding 

companies with consolidated assets of $250 billion or more or foreign 

exposure of $10 billion or more, and foreign banking organizations 

with combined U.S. assets of $250 billion or more. 3/1/2016 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2016/fil16012.html

N/A

FIL-12-2016

Page 30 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-15-2016 Capital Treatment for 

Qualifying Collateralized Debt 

Obligations Backed by Trust Preferred 

Securities under the "Volcker Rule" FAQ

The FDIC, the Office of the Comptroller of the Currency, the Board of 

Governors of the Federal Reserve System, the Securities and Exchange 

Commission and the Commodity Futures Trading Commission (the 

"Agencies") have issued a Frequently Asked Question (FAQ) document 

to clarify the capital treatment of certain Collateralized Debt 

Obligations backed by Trust Preferred Securities (TruPS CDO) under 

section 13 of the Bank Holding Company Act, which implements 

section 619 of the Dodd-Frank Wall Street Reform and Consumer 

Protection Act (Dodd-Frank Act), also known as the "Volcker Rule." The 

Volcker Rule permits a banking entity to retain its interest in a 

Qualifying TruPS CDO under 12 CFR 351.16 of the interagency interim 

final rule. Statement of Applicability to Institutions with Total Assets 

Under $1 Billion: This Financial Institution Letter is applicable to all 

institutions holding TruPS CDOs regardless of asset size. 3/4/2016 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2016/fil16015.html

N/A

FIL-15-2016

FIL-31-2016 Mobile Financial Services: 

Update to FFIEC IT Examination 

Handbook Series

Examiner 

Procedures

The Federal Financial Institutions Examination Council (FFIEC) has 

issued a new appendix, Mobile Financial Services, to the Retail 

Payment Systems booklet of the FFIEC Information Technology 

Handbook . The appendix provides guidance to assist examiners in 

evaluating the risks associated with mobile financial services. 

Statement of Applicability to Institutions with Total Assets under $1 

billion: This Financial Institution Letter applies to all FDIC-supervised 

institutions. 4/29/2016 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2016/fil16031.html

N/A

FIL-31-2016

FIL-35-2016 Interagency Guidance: 

Deposit-Reconciliation Practices

Interagency 

Guidance

The Federal Deposit Insurance Corporation (FDIC), the Board of 

Governors of the Federal Reserve System (FRB), the Consumer 

Financial Protection Bureau (CFPB), the National Credit Union 

Administration (NCUA) and the Office of the Comptroller of the 

Currency (OCC) (collectively, the Agencies) are issuing guidance to 

ensure that financial institutions are aware of the Agencies' 

supervisory expectations regarding deposit-reconciliation practices 

that may be detrimental to customers. Statement of Applicability to 

Institutions with Total Assets under $1 Billion: This Financial 

Institution Letter applies to all FDIC-supervised financial institutions 5/18/2016 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2016/fil16035.html

N/A

FIL-35-2016

FIL-37-2016 FFIEC Joint Statement on 

Cybersecurity of Interbank Messaging 

and Wholesale Payment Networks FFIE Guidance

The FDIC, as a member of the Federal Financial Institutions 

Examination Council (FFIEC), is issuing the attached statement advising 

financial institutions to actively manage the risks associated with 

interbank messaging and wholesale payment networks. Statement of 

Applicability to Institutions with Less than $1 Billion in Total Assets: 

This Financial Institution Letter (FIL) applies to all FDIC-supervised 

institutions. 6/7/2016 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2016/fil16037.html

N/A

FIL-37-2016

Page 31 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-39-2016 Joint Statement on the New 

Accounting Standard on Financial 

Instruments - Credit Losses Announcement

The federal financial institution regulatory agencies have issued a Joint 

Statement on the New Accounting Standard on Financial Instruments – 

Credit Losses regarding the Financial Accounting Standards Board's 

new standard, which introduces the current expected credit losses 

methodology (CECL) for estimating allowances for credit losses. The 

joint statement also provides initial supervisory views regarding the 

implementation of the new accounting standard. Statement of 

Applicability to Institutions under $1 Billion in Total Assets: This 

Financial Institution Letter applies to all FDIC-supervised banks and 

savings associations, including community institutions. 6/17/2016 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2016/fil16039.html

N/A

FIL-39-2016

FIL-42-2016 Frequently Asked Questions 

on Identifying, Accepting and Reporting 

Brokered Deposits FAQ

The FDIC is finalizing updates to its Frequently Asked Questions (FAQs) 

regarding identifying, accepting and reporting brokered deposits. In 

November 2015, the FDIC released for comment proposed updates to 

the FAQs that were originally issued in January 2015. After 

consideration of the comments received, the FDIC retained a majority 

of the proposed updates, with certain clarifications and new FAQs. 

This Financial Institution Letter supersedes FIL-2-2015 and FIL-51-

2015. Statement of Applicability to Institutions with Total Assets 

Under $1 Billion: This Financial Institution Letter applies to all FDICinsured financial institutions that use brokered deposits. 6/30/2016 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2016/fil16042.html

N/A

FIL-42-2016

FIL-49-2016 Prudent Risk Management 

of Oil and Gas Exposures Guidance

FDIC-supervised institutions with direct or indirect oil and gas (O&G) 

exposures are reminded to maintain sound underwriting standards, 

strong credit administration practices, and effective risk management 

strategies. When O&G related borrowers experience financial 

difficulties, the FDIC encourages financial institutions to work 

constructively with borrowers to strengthen the credits and to 

mitigate losses where possible. Statement of Applicability to 

Institutions with Total Assets Under $1 Billion: This FIL applies to FDICsupervised financial institutions that have exposures to the O&G 

industry. 7/27/2016 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2016/fil16049.html

N/A

FIL-49-2016

FIL-68-2016 FFIEC Cybersecurity 

Assessment Tool: Frequently Asked 

Questions FFIEC Guidance

The Federal Financial Institutions Examination Council (FFIEC) issued a 

Frequently Asked Questions guide related to the Cybersecurity 

Assessment Tool (CAT). Statement of Applicability to Institutions with 

Less than $1 Billion in Total Assets: This Financial Institution Letter 

(FIL) applies to all FDIC-supervised institutions. 10/18/2016 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2016/fil16068.html

N/A

FIL-68-2016

Page 32 of 33
Federal Deposit Insurance Corporation

Response to the House Committee on Oversight and Government Reform

December 22, 2017

Title Name of Form Description Date of Issuance Issuing Agency / 

Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-79-2016 New Accounting Standard 

on Credit Losses: Frequently Asked 

Questions FAQ

The federal financial institution regulatory agencies are issuing the 

attached Frequently Asked Questions on the New Accounting Standard 

on Financial Instruments – Credit Losses to assist institutions and 

examiners. This new standard, published by the Financial Accounting 

Standards Board (FASB) in June 2016, introduces the current expected 

credit losses methodology (CECL) for estimating allowances for credit 

losses. The Frequently Asked Questions (FAQs) focus on the 

application of CECL and related supervisory expectations. The issuance 

of the FAQs is part of the agencies' efforts to support institutions as 

they prepare to implement CECL. The agencies plan to update the 

FAQs periodically. Statement of Applicability to Institutions under $1 

Billion in Total Assets: This Financial Institution Letter applies to all 

FDIC-supervised banks and savings associations, including community 

institutions. 12/19/2016 FDIC-RMS

N/A

https://www.fdic.gov/news/news/financial/2016/fil16079.html

N/A

FIL-79-2016

Issuing Agency / Component

FDIC - Federal Deposit Insurance Corporation

CFI - Office of Complex Financial Institutions

DCP - Division of Depositor and Consumer Protection

DIR - Division of Insurance and Research

DOF - Division of Finance

DRR - Division of Resolutions and Receiverships

FFIEC - Federal Financial Institutions Examination Council

Legal - Legal Division

RMS - Division of Risk Management Supervision

Page 33 of 33
FDIC

Federal Deposit Insurance Corporation

55017th Street NW, Washington, DC 20429

January 16, 2018

Honorable Trey Gowdy

Chairman

Committee on Oversight and Government Reform

House of Representatives

Washington, D.C. 20515

Dear Chairman Gowdy:

Office of Legislative Affairs

This further responds to your letter dated December 8, 2017, requesting information related to

agency guidance documents.

A list containing additional information responsive to your request is enclosed. A description

of how the list was compiled is also enclosed with this response. As requested by your staff, the

FDIC is producing responsive records on a rolling basis and will update this list should additional,

potentially responsive documents be identified.

If you or Committee staff have any questions, please contact me at or

Steve Primrose at .

Sincerely,

M. Andy Jiminez

Director

Office of Legislative Affairs

Enclosures: (2)

cc: Honorable Elijah E. Cummings, Ranking Member
Identification of Relevant FDIC Guidance Documents

The enclosed document contains an additional listing of FDIC guidance documents that have

been identified as potentially responsive to the Committee's letter dated December 8, 2017. These

documents were identified by a manual search of documents, including, but not limited to, Financial

Institution Letters (FILs) that were issued by the FDIC since January 1, 2008, and intended to

communicate guidance to FDIC supervised institutions and that also met the guidelines outlined

by majority staff of the House Committee on Oversight and Government Reform in telephone

discussions on December 12, 2017. As discussed with your staff, FILs or other guidance

documents that contained the terms "guidance," "guideline(s)," "FAQs," "Q&As," or "Questions

and Answers" in their titles have been included on the enclosed list. Only documents issued since

January 1, 2008, and that currently remain in effect are included on the enclosed list. As discussed

with staff, where FDIC guidance was preceded by interim or advisory issuances, including Notices

of Proposed Rulemalcings (NPRs) or surveys issued pursuant to the Paperwork Reduction Act,

only the final and effective guidance document is included on the enclosed list. Additionally, as

discussed with staff, notifications of conference calls or webinars have not been included on the

enclosed list.

As also discussed with your staff, it is not the standard practice of the FDIC to submit all FILs or

agency issuances to Congress or the Government Accountability Office (GAO) unless the document

was subject to a rulemaking under the Administrative Procedure Act. In cases where documents

listed were submitted to the Federal Register, the final Federal Register notice is listed.

As your staff is aware, Section 9 of Executive Order 12866 (as amended by Executive Orders 13258

and 13422), which defines "significant guidance documents" and specifies agency treatment of such

documents, does not apply to independent regulatory agencies (as defined in 44 U.S.C. § 3502(5))

such as the FDIC, though the FDIC does work closely with the Office of Management and Budget

on other matters, such as information collections under the Paperwork Reduction Act. Similarly,

the FDIC and other independent agencies are exempt from the requirements of Executive Order

13777, which requires agencies to establish Regulatory Task Forces to review their existing

regulations (See Apri128, 2017 Memorandum entitled "Guidance on Regulatory Reform

Accountability" under Executive Order 13777 titled "Enforcing the Regulatory Reform Agenda").

However, pursuant to the Economic Growth and Regulatory Paperwork Reduction Act of 1996

(EGRPRA), the FDIC reviews all of its regulations and considers how to reduce regulatory burden

on insured depository institutions. In its March 2017 EGRPRA report to Congress, the FDIC stated

that it will review its guidance documents to identify further opportunities for streamlining guidance

and reducing regulatory burden. l

As requested by your staff, the FDIC is producing responsive records on a rolling basis. The

agency will update this list should additional potentially responsive documents be reviewed and

identified.

~ See EGRPRA Report to Congress, p. 7 (March 2017) at https:Uwww.ffiec.gov/pdf/2017 FFIEC EGRPRA_JointReport to_Congress.pdf.
Federal Deposit Insurance Corporation

Further Response to the House Committee on Oversight and Government Reform

January 12, 2018

Title Name of Form Description Date of 

Issuance

Issuing Agency 

/ Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-60-2017 Regulatory Capital Rules: 

Retention of Certain Existing 

Transition Provisions for Banking 

Organizations that Are Not Subject to 

the Advanced Approaches Capital 

Rules Rule

The Federal bank regulatory agencies (the agencies) jointly have 

issued a final rule to extend the 2017 transition provisions under 

the capital rules for certain capital deductions and risk weights as 

well as certain minority interest requirements for banking 

organizations not subject to the advanced approaches capital 

rules. Statement of Applicability to Institutions with Total Assets 

Under $1 Billion: This Financial Institution Letter is applicable to 

all banking organizations not subject to the advanced approaches 

capital rule.

11/21/2017

FDIC-RMS

https://www.fdic.gov/news/news/financial/2017/fil17060.ht

ml FIL-60-2017

FIL-53-2017 Liquidity Coverage Ratio: 

Frequently Asked Questions FAQ

The Federal Deposit Insurance Corporation (FDIC), the Board of 

Governors of the Federal Reserve System, and the Office of the 

Comptroller of the Currency (collectively, the agencies) are 

issuing the attached FAQ document to address questions received 

by the agencies regarding the applicability of the liquidity 

coverage ratio (LCR) rule (12 CFR Part 329) in specific situations. 

The LCR rule was adopted by the agencies in September 2014 and 

implements a quantitative liquidity requirement consistent with 

the standard established by the Basel Committee on Banking 

Supervision. Statement of Applicability to Institutions with Total 

Assets Under $1 Billion: This Financial Institution Letter is not 

applicable to depository institutions with total assets of less than 

$1 billion. The LCR rule is applicable only to depository 

institutions with $10 billion or more in total consolidated assets 

that are consolidated subsidiaries of internationally active 

banking organizations.

10/23/2017

FDIC-RMS

https://www.fdic.gov/news/news/financial/2017/fil17053.ht

ml FIL-53-2017

FIL-41-2017 New Accounting 

Standard on Credit Losses: Frequently 

Asked Questions FAQ

The federal financial institution regulatory agencies are issuing 

updated Frequently Asked Questions on the New Accounting 

Standard on Financial Instruments – Credit Losses to assist 

institutions and examiners. The new standard will take effect in 

2020 or 2021, depending on an institution's characteristics. The 

attached Frequently Asked Questions (FAQs) combine into a 

single document new questions and answers and those issued in 

December 2016, replacing the FAQs attached to FIL-79-2016. The 

FAQs focus on the application of the current expected credit 

losses methodology (CECL) for estimating credit loss allowances 

and related supervisory expectations and regulatory reporting 

guidance. The periodic issuance and updating of the FAQs is part 

of the agencies' efforts to support institutions as they prepare to 

implement CECL. Statement of Applicability to Institutions under 

$1 Billion in Total Assets: This Financial Institution Letter applies 

to all FDIC-supervised banks and savings associations, including 

community institutions.

9/6/2017

FDIC-RMS

https://www.fdic.gov/news/news/financial/2017/fil17041.ht

ml FIL-41-2017

Page 1 of 5
Federal Deposit Insurance Corporation

Further Response to the House Committee on Oversight and Government Reform

January 12, 2018

Title Name of Form Description Date of 

Issuance

Issuing Agency 

/ Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-42-2017 Revised Guidelines for 

Appeals of Material Supervisory 

Determinations

FDIC Procedure 

Announcement

The FDIC has adopted revised Guidelines for Appeals of Material 

Supervisory Determinations (Guidelines), which govern appeals by 

FDIC-supervised institutions to Division Directors and the 

Supervision Appeals Review Committee (SARC). The revised 

Guidelines expand the circumstances under which banks may 

appeal a material supervisory determination and enhance 

consistency with the appeals processes of other federal banking 

agencies. The revised Guidelines also include other limited 

technical and conforming amendments. Statement of 

Applicability to Institutions with Total Assets under $1 Billion: 

This Financial Institution Letter applies to all FDIC-supervised 

depository institutions.

9/6/2017

FDIC-RMS

https://www.fdic.gov/news/news/financial/2017/fil17042.ht

ml FIL-42-2017

FIL-33-2017 Regulatory Capital 

Treatment of Certain CentrallyCleared Derivative Contracts Under 

the FDIC’s Capital Rule Guidance

The FDIC is issuing the attached letter that provides supervisory 

guidance on the regulatory capital treatment of certain centrallycleared, settled-to-market derivative contracts. Certain central 

counterparties have revised their rulebooks such that variation 

margin is considered a settlement payment and not collateral. If 

an FDIC-supervised institution determines the transfer of 

variation margin on a centrally-cleared, settled-to-market 

contract settles any outstanding exposure on the contract and 

resets the fair value of the contract to zero, the contract's 

remaining maturity is the time until the next exchange of 

variation margin. This guidance may affect a derivative contract's 

calculation of potential future exposure, which uses a conversion 

factor based, in part, on the contract's remaining maturity. 

Statement of Applicability to Institutions with Total Assets Under 

$1 Billion: This Financial Institution Letter applies to all FDICsupervised institutions.

8/14/2017

FDIC-RMS

https://www.fdic.gov/news/news/financial/2017/fil17033.ht

ml FIL-33-2017

FIL-32-2017 Securities and Exchange 

Commission Rule Amended to 

Shorten the Securities Transaction 

Settlement Cycle Rule

The FDIC is issuing this announcement to highlight actions that 

banks should take to prepare for the change in the Securities 

Exchange Commission's (SEC) rule governing the securities 

settlement cycle for securities transactions conducted by most 

broker-dealers. The effective date for the change is September 5, 

2017. Statement of Applicability to Institutions with Total Assets 

under $1 Billion: This Financial Institution Letter applies to all 

FDIC-supervised financial institutions.

7/26/2017

FDIC-RMS

https://www.fdic.gov/news/news/financial/2017/fil17032.ht

ml FIL-32-2017

FIL-22-2017 Adoption of Supervisory 

Guidance on Model Risk Management Guidance

The FDIC is adopting the Supervisory Guidance on Model Risk 

Management previously issued by the Board of Governors of the 

Federal Reserve System ("FRB") (SR 11-7) and the Office of the 

Comptroller of the Currency ("OCC") (OCC Bulletin 2011-12), with 

technical conforming changes, thereby making the guidance 

applicable to certain FDIC-supervised institutions. The guidance 

addresses supervisory expectations for model risk management, 

including: model development, implementation, and use; model 

validation; and governance, policies, and controls. The FDIC is 

adopting this guidance to facilitate consistent model riskmanagement expectations across the banking agencies and 

industry. Statement of Applicability to Institutions under $1 

Billion in Total Assets: It is not expected that this guidance will 

pertain to FDIC-supervised institutions with under $1 billion in 

total assets unless the institution's model use is significant, 

complex, or poses elevated risk to the institution.

6/7/2017

FDIC-RMS

https://www.fdic.gov/news/news/financial/2017/fil17022.ht

ml FIL-22-2017

Page 2 of 5
Federal Deposit Insurance Corporation

Further Response to the House Committee on Oversight and Government Reform

January 12, 2018

Title Name of Form Description Date of 

Issuance

Issuing Agency 

/ Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FIL-19-2017 Advisory on the 

Availability of Appraisers

Interagency 

Guidance

The FDIC, the Board of Governors of the Federal Reserve System, 

the Office of the Comptroller of the Currency, and the National 

Credit Union Administration (collectively, the agencies) are 

issuing an advisory that discusses two existing methods that may 

address any appraiser shortages: temporary practice permits and 

temporary waivers. The advisory addresses concerns raised 

pursuant to the Economic Growth and Regulatory Paperwork 

Reduction Act (EGRPRA) review process regarding the timeliness 

of appraisals, due largely to what financial industry commenters 

believe to be problems with the availability of certified and 

licensed appraisers, particularly in rural areas. Statement of 

Applicability to Institutions Under $1 Billion in Total Assets: This 

Financial Institution Letter applies to all FDIC-supervised 

institutions.

5/31/2017

FDIC-RMS

https://www.fdic.gov/news/news/financial/2017/fil17019.ht

ml FIL-19-2017

FIL-17-2017 FDIC Releases Final 

Handbook for Organizers of De Novo 

Institutions Guidance

Applying for Deposit Insurance – A Handbook for Organizers of De 

Novo Institutions provides an overview of the business 

considerations and statutory requirements that de novo 

organizers will face as they work to apply for deposit insurance 

and establish a new depository institution. Statement of 

Applicability to Institutions with Less Than $1 Billion in Total 

Assets: This Financial Institution Letter applies to all proposed 

insured depository institutions.

5/1/2017

FDIC-RMS

https://www.fdic.gov/news/news/financial/2017/fil17017.ht

ml FIL-17-2017

FIL-2-2017 Examination Cycle: Joint 

Final Rules on Expanded Examination 

Cycle for Certain Small Insured 

Depository Institutions and U.S. 

Branches and Agencies of Foreign 

Banks Rule

The FDIC and the other federal financial institution regulatory 

agencies have adopted final rules permitting insured depository 

institutions (IDIs) with up to $1 billion in total assets, and that 

meet certain other criteria, to qualify for an 18-month on-site 

examination cycle. These rules allow the agencies to better focus 

supervisory resources on IDIs that present capital, managerial, or 

other issues of supervisory concern while reducing regulatory 

burden on small, well-capitalized and well-managed institutions. 

Statement of Applicability to Institutions with Total Assets Under 

$1 Billion: This Financial Institution Letter applies to FDICsupervised financial institutions with total assets up to $1 billion.

1/4/2017

FDIC-RMS

https://www.fdic.gov/news/news/financial/2017/fil17002.ht

ml FIL-2-2017 

Interagency Guidance to Issuing 

Banks on Applying Customer 

Identification Program Requirements 

to Holders of Prepaid Cards Guidance

Guidance to issuing banks on the application of the joint 

regulations implementing the customer identification program 

(CIP) requirements set forth in Section 326 of the USA PATRIOT 

Act (referred to in this guidance as the "CIP rule") to their prepaid 

cards. Prepaid cards include those that are sold and distributed 

by third-party program managers, as well as cards that are used 

to provide employee wages, healthcare, and government 

benefits. The guidance clarifies that a bank should apply its CIP to 

the cardholders of certain prepaid cards issued by the bank.

3/21/2016

FDIC-RMS

N/A https://www.fdic.gov/regulations/laws/rules/5000-5390.html N/A

FIL-21-2016

Development and Review of FDIC 

Regulations and Policy

Statement of 

Policy

The purpose of this Statement of Policy (Policy) is to establish 

basic principles which guide the FDIC's promulgation and review 

of regulations and written statements of policy. This Policy 

applies to regulations and written statements of policy issued by 

the Board of Directors of the FDIC.

4/17/2013

FDIC-RMS

78 FR 22271 https://www.fdic.gov/regulations/laws/rules/5000-400.html N/A

N/A

Page 3 of 5
Federal Deposit Insurance Corporation

Further Response to the House Committee on Oversight and Government Reform

January 12, 2018

Title Name of Form Description Date of 

Issuance

Issuing Agency 

/ Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

FDIC Statement of Policy for Section 

19 of the Federal Deposit Insurance 

Act

Statement of 

Policy

The FDIC believes that at a minimum, each insured institution 

should establish a screening process that provides the insured 

institution with information concerning any convictions or 

program entry pertaining to a job applicant. This would include, 

for example, the completion of a written employment application 

that requires a listing of all convictions and program entries. The 

FDIC will look to the circumstances of each situation to determine 

whether the inquiry is reasonable. Upon notice of a conviction or 

program entry, an application seeking the FDIC's consent prior to 

the person's participation must be filed. 12/18/2012 FDIC-RMS

77 FR 74847 https://www.fdic.gov/regulations/laws/rules/5000-1300.html N/A

N/A

Clarification of Statement of Policy for 

Section 19 of the Federal Deposit 

Insurance Act

Statement of 

Policy 

Clarification

The FDIC originally promulgated the Statement of Policy (SOP) for 

Section 19 of the FDI Act in December 1998. The FDIC, in 2007, 

issued a clarification to the SOP based on the 2006 amendment 

to Section 19 of the FDI Act which addressed institution-affiliated 

parties participating in the affairs of Bank Holding Companies, or 

Savings and Loan Holding Companies. The FDIC is restating that 

previous change to the SOP in a slightly modified form and 

addressing certain other issues that have arisen in the FDIC's 

interpretation of the policy since its original publication. The 

FDIC is clarifying what the FDIC views as a complete expungement 

of a conviction and the definition of de minimis offenses.

5/13/2011

FDIC-RMS

76 FR 28031

https://www.fdic.gov/regulations/laws/federal/2011/11sop

may13.pdf N/A

N/A

Statement of Policy on Bank Merger 

Transactions

Statement of 

Policy 

Amendment

The FDIC is amending its Statement of Policy on Bank Merger 

Transactions in order to conform it to the Bank Merger Act, as 

amended by the Financial Services Regulatory Relief Act of 2006.

2/15/2008

FDIC-RMS

73 FR 8870 https://www.fdic.gov/regulations/laws/rules/5000-1200.html N/A

N/A

Community Reinvestment Act; 

Interagency Questions and Answers 

Regarding Community Reinvestment; 

Guidance Q&A

Final revisions to "Interagency Questions and Answers Regarding 

Community Reinvestment." 

7/25/2016

FDIC-DCP

81 FR 48506 https://www.gpo.gov/fdsys/pkg/FR-2016-07-25/pdf/2016-

16693.pdf

N/A

PR-57-2016

Community Reinvestment Act; 

Interagency Questions and Answers 

Regarding Community Reinvestment Q&A

Final revisions to "Interagency Questions and Answers Regarding 

Community Reinvestment." 

11/20/2013

FDIC-DCP

78 FR 69671 https://www.gpo.gov/fdsys/pkg/FR-2013-11-20/pdf/2013-

27738.pdf

N/A

PR-101-2013

Interagency Statement on Fair 

Lending Compliance and the Ability-toRepay and Qualified Mortgage 

Standards Rule

Interagency 

Statement

Statement to address industry questions about fair lending risks 

associated with offering only Qualified Mortgages

10/22/2013

FDIC-DCP

N/A

https://www.fdic.gov/news/news/press/2013/pr13091a.html

N/A

PR-91-2013

Interagency Guidance on Privacy Laws 

and Reporting Financial Abuse of 

Older Adults Guidance

Guidance to clarify that the privacy provisions of the GrammLeach-Bliley Act generally permit financial institutions to report 

suspected elder financial abuse to appropriate authorities

9/24/2013

FDIC-DCP

N/A https://www.fdic.gov/news/news/press/2013/interagencyguidance-on-privacy-laws-and-reporting-financial-abuse-ofolder-adults.pdfN/A

PR-84-2013

Interagency Guidance on Mortgage 

Servicing Practices Concerning 

Military Homeowners with 

Permanent Change of Station Orders Guidance

Joint guidance aimed at addressing mortgage servicer practices 

that may pose risks to certain homeowners who are serving in the 

military

6/21/2012

FDIC-DCP

N/A

https://www.fdic.gov/news/news/press/2012/pr12072a.html

N/A

PR-72-2012

Loans in Areas Having Special Flood 

Hazards; Interagency Questions and 

Answers Regarding Flood Insurance FAQ

Guidance that updates the Interagency Questions and Answers 

Regarding Flood Insurance that were most recently published on 

July 21, 2009 at 74 FR 35914-35947

10/17/2011

FDIC-DCP

76 FR 64175 https://www.gpo.gov/fdsys/pkg/FR-2011-10-17/pdf/2011-

26749.pdf 

N/A

PR-163-2011

FDIC Overdraft Payment Supervisory 

Guidance Guidance

Final guidance to address the risks associated with overdraft 

payment programs

11/24/2010 FDIC-DCP N/A https://www.fdic.gov/news/news/financial/2010/fil10081b.p

df N/A PR-257-2010

Page 4 of 5
Federal Deposit Insurance Corporation

Further Response to the House Committee on Oversight and Government Reform

January 12, 2018

Title Name of Form Description Date of 

Issuance

Issuing Agency 

/ Component

Federal Register 

Citation

Hyperlink Regulatory

ID #

Other ID #

Reverse Mortgage Products: 

Guidance for Managing Compliance 

and Reputation Risks Guidance

Guidance, adopted by each of the financial regulators, that 

emphasizes the consumer protection concerns raised by reverse 

mortgages and the importance of financial institutions mitigating 

the compliance and reputation risks associated with these 

products 8/17/2010 FDIC-DCP

75 FR 50801 

https://www.gpo.gov/fdsys/pkg/FR-2010-08-17/pdf/2010-

20286.pdf 

N/A

Retained Asset Accounts and FDIC 

Deposit Insurance Coverage Other - letter

Letter to the National Association of Insurance Commissioners 

(NAIC) addressing the FDIC's concerns about the adequacy of 

disclosures provided by insurance companies when distributing 

insurance proceeds to consumers through Retained Asset 

Accounts (RAAs) 8/11/2010 FDIC-DCP

N/A

https://www.fdic.gov/news/news/financial/2010/fil10048.ht

ml 

N/A

FIL-48-2010

Community Reinvestment Act 

Revisions to Interagency Questions 

and Answers Q&A

Revisions to the Interagency Questions and Answers Regarding 

Community Reinvestment (Q&As). 3/11/2010 FDIC-DCP

75 FR 11642 https://www.gpo.gov/fdsys/pkg/FR-2010-03-11/pdf/2010-

4903.pdf 

N/A

FIL-9-2010

Frequently Asked Questions: Identity 

Theft Red Flags and Address 

Discrepancies FAQ

FAQs to help financial institutions, creditors, users of consumer 

reports, and issuers of credit cards and debit cards comply with 

federal regulations on identity theft and discrepancies in changes 

of address 6/11/2009 FDIC-DCP

N/A

https://www.fdic.gov/news/news/press/2009/pr09088a.pdf

N/A

PR-88-2009

Community Reinvestment Act;

Interagency Questions and Answers

Regarding Community Reinvestment Q&A

Publication of new and revised Interagency Questions and 

Answers Regarding Community Reinvestment that, among other 

things, encourage financial institutions to take steps to help 

prevent home mortgage foreclosures 1/6/2009 FDIC-DCP

74 FR 498

https://www.fdic.gov/news/news/press/2009/e8-31116.pdf

N/A

PR-3-2009; FIL6-2009

Issuing Agency / Components

FDIC - Federal Deposit Insurance Corporation

FRB - Federal Reserve Board

CFI - Complex Financial Institutions Branch

DCP - Division of Depositor and Consumer Protection

DIR - Division of Insurance and Research

DRR - Division of Resolutions and Receiverships

DOF - Division of Finance

Legal - Legal Division

RMS - Risk Management Supervision

Page 5 of 5