[Federal Register Volume 86, Number 210 (Wednesday, November 3, 2021)]
[Proposed Rules]
[Pages 60589-60600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23780]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 86, No. 210 / Wednesday, November 3, 2021 / 
Proposed Rules  

[[Page 60589]]



FEDERAL HOUSING FINANCE AGENCY

12 CFR Part 1240

RIN 2590-AB18


Enterprise Regulatory Capital Framework--Public Disclosures for 
the Standardized Approach

AGENCY: Federal Housing Finance Agency.

ACTION: Notice of proposed rulemaking: Request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Housing Finance Agency (FHFA or the Agency) is 
seeking comments on a notice of proposed rulemaking (proposed rule) 
that would introduce new standardized approach disclosure requirements 
for the Federal National Mortgage Association (Fannie Mae) and the 
Federal Home Loan Mortgage Corporation (Freddie Mac, and with Fannie 
Mae, each an Enterprise), including disclosures related to regulatory 
capital instruments and risk-weighted assets calculated under the 
Enterprise Regulatory Capital Framework (ERCF).

DATES: Comments must be received on or before January 3, 2022.

ADDRESSES: You may submit your comments on the proposed rule, 
identified by regulatory information number (RIN) 2590-AB18, by any one 
of the following methods:
     Agency website: www.fhfa.gov/open-for-comment-or-input.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. If you submit your 
comment to the Federal eRulemaking Portal, please also send it by email 
to FHFA at [email protected] to ensure timely receipt by FHFA. 
Include the following information in the subject line of your 
submission: Comments/RIN 2590-AB18.
     Hand Delivered/Courier: The hand delivery address is: 
Clinton Jones, General Counsel, Attention: Comments/RIN 2590-AB18, 
Federal Housing Finance Agency, 400 Seventh Street SW, Washington, DC 
20219. Deliver the package at the Seventh Street entrance Guard Desk, 
First Floor, on business days between 9 a.m. and 5 p.m.
     U.S. Mail, United Parcel Service, Federal Express, or 
Other Mail Service: The mailing address for comments is: Clinton Jones, 
General Counsel, Attention: Comments/RIN 2590-AB18, Federal Housing 
Finance Agency, 400 Seventh Street SW, Washington, DC 20219. Please 
note that all mail sent to FHFA via U.S. Mail is routed through a 
national irradiation facility, a process that may delay delivery by 
approximately two weeks. For any time-sensitive correspondence, please 
plan accordingly.

FOR FURTHER INFORMATION CONTACT: Andrew Varrieur, Senior Associate 
Director, Office of Capital Policy, (202) 649-3141, 
[email protected]; Christopher Vincent, Senior Financial 
Analyst, Office of Capital Policy, (202) 649-3685, 
[email protected]; or James Jordan, Associate General 
Counsel, Office of General Counsel, (202) 649-3075, 
[email protected]. These are not toll-free numbers. For TTY/TRS 
users with hearing and speech disabilities, dial 711 and ask to be 
connected to any of the contact numbers above.

SUPPLEMENTARY INFORMATION:

Comments

    FHFA invites comments on all aspects of the proposed rule. Copies 
of all comments will be posted without change and will include any 
personal information you provide, such as your name, address, email 
address, and telephone number, on the FHFA website at https://www.fhfa.gov. In addition, copies of all comments received will be 
available for examination by the public through the electronic 
rulemaking docket for this proposed rule also located on the FHFA 
website.

Table of Contents

I. Introduction
II. Proposed Disclosure Requirements
    A. General Requirements
    B. Standardized Approach
    C. Market Risk
III. Frequency of Disclosures
IV. Compliance Period
V. Location of Disclosures and Audit Requirements
VI. Proprietary and Confidential Information
VII. Specific Public Disclosure Requirements
VIII. Paperwork Reduction Act
IX. Regulatory Flexibility Act

I. Introduction

    FHFA is seeking comments on new public disclosure requirements for 
the Enterprises. This proposed rule would expand the disclosure 
requirements set forth in the ERCF published in the Federal Register on 
December 17, 2020 (85 FR 82150) in order to improve market discipline 
and encourage sound risk-management practices through meaningful public 
disclosure.\1\ With public disclosures that are clear, comprehensive, 
useful, consistent over time, and comparable across Enterprises, FHFA 
believes that market participants would have sufficient information to 
assess an Enterprise's material risks and capital adequacy, 
contributing to the safety and soundness of the Enterprises and 
decreasing risk to the U.S. taxpayers.
---------------------------------------------------------------------------

    \1\ In conservatorships, the Enterprises are supported by Senior 
Preferred Stock Purchase Agreements (PSPAs) between the U.S. 
Department of the Treasury (Treasury) and each Enterprise, through 
FHFA as its conservator (Fannie Mae's Amended and Restated Senior 
Preferred Stock Purchase Agreement with Treasury (September 26, 
2008), https://www.fhfa.gov/Conservatorship/Documents/Senior-Preferred-Stock-Agree/FNM/SPSPA-amends/FNM-Amend-and-Restated-SPSPA_09-26-2008.pdf; Freddie Mac's Amended and Restated Senior 
Preferred Stock Purchase Agreement with Treasury (September 26, 
2008), https://www.fhfa.gov/Conservatorship/Documents/Senior-Preferred-Stock-Agree/FRE/SPSPA-amends/FRE-Amended-and-Restated-SPSPA_09-26-2008.pdf). The PSPAs, as amended by letter agreements 
executed by the parties on January 14, 2021 (2021 Fannie Mae Letter 
Agreement, https://home.treasury.gov/system/files/136/Executed-Letter-Agreement-for-Fannie-Mae.pdf; 2021 Freddie Mac Letter 
Agreement, https://home.treasury.gov/system/files/136/Executed-Letter-Agreement-for-Freddie%20Mac.pdf), include a covenant at 
section 5.15 which states: ``[The Enterprise] shall comply with the 
Enterprise Regulatory Capital Framework [published in the Federal 
Register at 85 FR 82150 on December 17, 2020] disregarding any 
subsequent amendment or other modifications to that rule.'' 
Modifying that covenant will require agreement between the Treasury 
and FHFA under section 6.3 of the PSPAs.
---------------------------------------------------------------------------

    The proposed rule would implement standardized approach public 
disclosure requirements for the Enterprises that align with many of the 
public disclosure requirements for large banking organizations under 
the regulatory capital framework adopted by United States banking 
regulators (U.S. banking framework). Modern bank disclosure 
requirements were initially contemplated by the Basel Committee on 
Banking Supervision (BCBS) under

[[Page 60590]]

Pillar 3 of Basel II in order to complement the minimum capital 
requirements and the supervisory review process and were later expanded 
with additional requirements in Basel III. In much the same way, the 
public disclosure requirements in the proposed rule would complement 
the ERCF as it aims to ensure that each Enterprise operates in a safe 
and sound manner and is positioned to fulfill its statutory mission to 
provide stability and ongoing assistance to the secondary mortgage 
market across the economic cycle, in particular during periods of 
financial stress.
    Consistent with these stated objectives, and complementary to the 
Enterprises' statutory duties and purposes, the proposed rule would 
implement disclosure requirements related to risk management, corporate 
governance, and regulatory capital, including risk-weighted assets 
calculated under the ERCF's standardized approach, statutory capital 
requirements, supplemental capital requirements, and capital buffers. 
In contrast to U.S. banking organizations that are each either a 
standardized approach institution or an advanced approaches 
institution, an Enterprise is required to satisfy all requirements 
under both the standardized approach and the advanced approach in the 
ERCF, including any associated disclosure requirements. Therefore, the 
proposed rule adapts the public disclosure requirements in the U.S. 
banking framework to reflect the ERCF's standardized approach, blending 
elements from the U.S. banking framework's standardized and advanced 
approaches and establishing a level playing field for public 
disclosures between the Enterprises and large, domestic banking 
organizations. While the proposed rule would implement disclosure 
requirements for the ERCF's standardized approach only, FHFA may in the 
future consider additional disclosure requirements related to the 
advanced approaches. FHFA seeks comments on all elements of the 
proposed public disclosure requirements.

II. Proposed Disclosure Requirements

A. General Requirements

    The proposed public disclosure requirements are designed to 
facilitate market discipline of the Enterprises. By allowing market 
participants to assess key information about an Enterprise's risk 
profile and its associated levels of capital, FHFA believes the 
proposed rule would encourage sound risk management practices and 
foster financial stability both during and after conservatorship. 
However, enhanced public disclosures would necessarily be somewhat 
costly for the Enterprises. With the proposed rule, FHFA aims to strike 
an appropriate balance between the market benefits of disclosure and 
the additional financial burden to an Enterprise that provides the 
disclosures. Importantly, an Enterprise may be able to fulfill some of 
the proposed disclosure requirements by relying on similar disclosures 
made in accordance with accounting standards or Securities and Exchange 
Commission (SEC) mandates. In addition, an Enterprise could use 
information provided in regulatory reports to fulfill the disclosure 
requirements. In these situations, an Enterprise would be required to 
explain any material differences between the accounting or other 
disclosures and the disclosures required under the proposed rule.
    Market participants consider many factors when making their 
assessment of an Enterprise, including the Enterprise's risk profile 
and the techniques it uses to identify, measure, monitor, and control 
the risks to which the Enterprise is exposed. Accordingly, the proposed 
rule would require an Enterprise to have a formal disclosure policy 
approved by its board of directors that addresses the Enterprise's 
approach for determining which disclosures are necessary and 
appropriate. The policy would be required to address internal controls, 
disclosure controls, and procedures. The board of directors and senior 
management would ensure the appropriate review of the disclosures and 
that effective internal controls, disclosure controls, and procedures 
are maintained. One or more senior officers of the Enterprise would be 
required to attest that the disclosures meet the requirements of the 
proposed rule.
    For items not explicitly identified in the proposed rule and in a 
manner similar to the requirements for U.S. banking organizations, an 
Enterprise would decide which additional disclosures are relevant based 
on a materiality concept. Information is material if its omission or 
misstatement could change or influence the assessment or decision of a 
user relying on that information for the purpose of making investment 
decisions. The materiality concept is designed to ensure that 
improvements in public disclosures come not only from regulatory 
standards, but also as a result of efforts made by management at the 
Enterprises to communicate advances in risk management processes and 
internal reporting systems to public shareholders and other market 
participants. Accordingly, FHFA encourages the management of each 
Enterprise to regularly review its public disclosures and enhance these 
disclosures, where appropriate, to clearly identify all significant 
risk exposures and their effects on the Enterprise's financial 
condition and performance, cash flow, and earnings potential.

Question 1: What additional general disclosure requirements should FHFA 
consider, and why?

B. Standardized Approach

    The standardized approach disclosures in the proposed rule are 
described across eleven categories, each detailing qualitative 
disclosures, quantitative disclosures, or both. The categories are: (1) 
Capital structure; (2) capital adequacy; (3) capital buffers; (4) 
credit risk: General disclosures; (5) general disclosure for 
counterparty credit risk-related exposures; (6) credit risk mitigation; 
(7) credit risk transfers (CRT) and securitization; (8) equities; (9) 
interest rate risk for non-trading activities; (10) operational risk; 
and (11) tier 1 leverage ratio. Many of the disclosures described 
within the categories are identical to the disclosures applicable to 
U.S. banking organizations subject to the standardized approach. Others 
have been modified to reflect the ERCF, such as those referring to 
statutory core capital and statutory total capital, adjusted total 
capital, the prescribed capital conservation buffer amount (PCCBA), and 
CRT. In addition, FHFA has excluded several disclosure items that are 
included in the U.S. banking framework for activities or 
categorizations not relevant in the ERCF, such as exposures to foreign 
banks, statutory multifamily mortgages, and high volatility commercial 
real estate (HVCRE).
    The standardized approach in the ERCF differs broadly from the U.S. 
banking standardized approach in its inclusion of risk-weighted assets 
for operational risk and market risk, in its application of capital 
buffers, and in its application of leverage ratio requirements. In 
contrast to capital requirements for banking organizations subject to 
the standardized approach in the U.S. banking framework, the 
standardized approach in the ERCF requires an Enterprise to capitalize 
operational and market risks, to apply every component of the PCCBA 
including the countercyclical capital buffer, and to apply the same 
leverage ratio requirements and prescribed leverage buffer amount 
(PLBA) regardless of approach. Accordingly, the

[[Page 60591]]

proposed rule would require an Enterprise to publicly disclose 
qualitative and quantitative information related to these items in the 
standardized approach. The proposed rule's disclosure requirements for 
market risk are described in section II.C.
    Several of the proposed rule's qualitative disclosure requirements 
for operational risk pertain to the advanced measurement approach 
(AMA). These disclosures would include a description of the AMA, as 
well as a discussion of relevant internal and external factors 
considered in the Enterprise's measurement approach. Because the 
Enterprises are not required to implement the AMA approach until at 
least January 1, 2025, FHFA would expect the AMA-related disclosures to 
begin at the same time. Until then, and after as well, the Enterprises 
are subject to an operational risk capital requirement floor of 15 
basis points of adjusted total assets.
    Advanced approaches banking organizations must disclose information 
related to total leverage exposure (TLE) and the supplementary leverage 
ratio, while standardized approach banking institutions are not 
required to do so. The ERCF analog to the concept of TLE is adjusted 
total assets, and the analog to the concept of the supplementary 
leverage ratio is the tier 1 leverage ratio. In contrast to the U.S. 
banking framework, the ERCF tier 1 leverage ratio requirement is the 
same for an Enterprise operating under the standardized or advanced 
approaches. For this reason, FHFA is including the leverage disclosure 
category within the standardized approach section of the ERCF.
    Many of the disclosure requirements for the standardized approach 
are also applicable to the advanced approach. For example, the 
disclosure items described within the categories for capital structure, 
PCCBA, PLBA, operational risk, and leverage would not differ 
conditional on whether an Enterprise's total risk-weighted assets are 
higher under the standardized approach or the advanced approach. 
Because these items are applicable to the standardized approach, the 
proposed rule includes them. In contrast, the proposed rule excludes 
disclosure requirements specific to the advanced approaches such as the 
amount of credit risk-weighted assets calculated using an Enterprise's 
internal models.

C. Market Risk

    The proposed rule includes market risk disclosure requirements for 
covered positions under the standardized approach. These requirements 
include a formal disclosure policy approved by the board of directors 
that addresses the Enterprise's approach for determining its market 
risk disclosures. The policy would address the associated internal 
controls and disclosure controls and procedures and would contain 
requirements related to the verification and attestation of disclosures 
and the ongoing maintaining of effective controls and procedures. The 
requirements would also include quarterly quantitative disclosures for 
each material portfolio of covered positions related to exposure and 
risk-weighted asset amounts as well as the aggregate amount of on-
balance sheet and off-balance sheet securitization positions by 
exposure type.
    In addition, an Enterprise would be required to make annual public 
disclosures for each material portfolio of covered positions related 
generally to portfolio composition and valuation policies, procedures, 
and methodologies. These disclosures would include, among other things, 
key valuation assumptions and information on significant changes, model 
characteristics used to calculate risk-weighted assets for market risk, 
and a description of the approaches used for validating and evaluating 
the accuracy of internal models and modeling processes. In addition, 
the annual disclosures would include a description of the Enterprise's 
processes for monitoring changes in the credit and market risk of 
securitization positions and a description of the Enterprise's policy 
governing the use of credit risk mitigation to mitigate the risks of 
securitization and resecuritization positions.

III. Frequency of Disclosures

    The proposed rule would require the Enterprises to make 
quantitative disclosures on a quarterly basis, consistent with the 
disclosure requirements for most regulated financial institutions and 
frequently enough to capture most changes in risk profiles. However, 
qualitative disclosures that provide a general summary of an 
Enterprise's risk-management objectives and policies, reporting system, 
and definitions may be disclosed annually, provided any significant 
changes are disclosed in the interim.
    The proposed rule would also require that the disclosures are 
timely. As described above, an Enterprise may be able to fulfill some 
of the proposed disclosure requirements by relying on similar 
disclosures made in accordance with accounting standards or SEC 
mandates. FHFA acknowledges that timing of disclosures required under 
other federal laws, including disclosures required under the federal 
securities laws and their implementing regulations by the SEC, may not 
always align with the timing of required Enterprise disclosures. For 
calendar quarters that do not correspond to fiscal year-end, FHFA would 
consider those disclosures that are made within 45 days as timely. In 
general, where an Enterprise's fiscal year-end coincides with the end 
of a calendar quarter, FHFA would consider disclosures to be timely if 
they are made no later than the applicable SEC disclosure deadline for 
the corresponding Form 10-K annual report. In cases where an 
Enterprise's fiscal year-end does not coincide with the end of a 
calendar quarter, FHFA would consider the timeliness of disclosures on 
a case-by-case basis. In some cases, management may determine that a 
significant change has occurred, such that the most recent reported 
amounts do not reflect the Enterprise's capital adequacy and risk 
profile. In those cases, an Enterprise would need to disclose the 
general nature of these changes and briefly describe how they are 
likely to affect public disclosures going forward. An Enterprise would 
make these interim disclosures as soon as practicable after the 
determination that a significant change has occurred.

IV. Compliance Period

    The standardized approach disclosure requirements in the proposed 
rule would promote market discipline and prudent risk management 
practices at the Enterprises regardless of the conservatorship status 
of either Enterprise. Therefore, an Enterprise's compliance date for 
the disclosure requirements outlined in the proposed rule would be six 
months from the date of publication of the final rule in the Federal 
Register.
    The proposed rule would also amend the reporting requirement 
compliance dates in Sec.  1240.4(b) to remove references to parts of 
the ERCF that do not contain reporting requirements. Specifically, the 
proposed rule would remove references to compliance dates for reporting 
requirements in subparts C and G of 12 CFR 1240, Sec. Sec.  1240.162(d) 
and 1240.204, as these parts do not contain reporting requirements. The 
proposed rule would retain without modification the January 1, 2022 
compliance dates for reporting requirements outlined in Sec. Sec.  
1240.1(f) and 1240.41.

[[Page 60592]]

V. Location of Disclosures and Audit Requirements

    The proposed rule would require an Enterprise to ensure that 
required disclosures are publicly available (for example, included on a 
public website) for each of the last three years or such shorter time 
period beginning when the proposed rule, if adopted as a final rule, 
comes into effect. In general, management of an Enterprise would have 
some discretion to determine the appropriate medium and location of the 
disclosures, provided the Enterprise meets the requirements related to 
cross-referencing described below. Furthermore, an Enterprise would 
have flexibility in formatting its public disclosures unless otherwise 
ordered by FHFA under its general authority to follow specific 
reporting guidelines or procedures, including potentially utilizing 
specified templates for certain quantitative disclosure elements. For 
example, FHFA may determine that standardizing the way the Enterprises 
present a subset of the required quantitative disclosures would 
facilitate the ability of market participants to compare attributes or 
results across Enterprises and better assess the risk profile and 
capital adequacy of each Enterprise. Conversely, there may be aspects 
of the required disclosures that cannot easily be standardized or where 
comparison across Enterprises may be less meaningful to market 
participants, such as descriptions of an Enterprise's risk management 
practices or certain analyses that contain bespoke risk metrics.
    FHFA encourages each Enterprise to make all required disclosures 
available in one place on the Enterprise's public website, the address 
of which should be communicated in the Enterprise's regulatory report. 
However, the proposed rule would permit an Enterprise to provide the 
disclosures in more than one place, such as in its public financial 
reports (for example, in Management's Discussion and Analysis included 
in SEC filings) or other regulatory reports, as long as the Enterprise 
also provides a summary table on its public website that specifically 
indicates where all the disclosures may be found (for example, 
regulatory report schedules, page numbers in annual reports).
    The proposed rule would require an Enterprise to reconcile 
disclosures of regulatory capital elements as the elements relate to an 
Enterprise's balance sheet in any audited consolidated financial 
statements. However, disclosures not included in the footnotes to the 
audited financial statements would not be subject to external audit 
reports for financial statements or internal control reports from 
management and the external auditor. Under the proposed rule, the audit 
requirements for an Enterprise's required public disclosures would be 
identical to the audit requirements for a banking organization's 
required public disclosures in the U.S. banking framework.

VI. Proprietary and Confidential Information

    FHFA believes that the proposed disclosure requirements strike an 
appropriate balance between the need for meaningful disclosure and the 
protection of proprietary and confidential information. Accordingly, 
FHFA believes that an Enterprise would be able to provide all these 
disclosures without revealing proprietary and confidential information. 
Only in rare circumstances might disclosure of certain items of 
information required by the proposed rule compel an Enterprise to 
reveal confidential and proprietary information. In these unusual 
situations, FHFA proposes that if an Enterprise believes that 
disclosure of specific commercial or financial information would 
compromise its position by making public information that is either 
proprietary or confidential in nature, the Enterprise need not disclose 
those specific items. Instead, the Enterprise must disclose more 
general information about the subject matter of the requirement, 
together with the fact that, and the reason why, the specific items of 
information have not been disclosed. This provision would apply only to 
those disclosures included in this proposed rule and does not apply to 
disclosure requirements imposed by accounting standards or other 
regulatory agencies.

Question 2: In terms of proprietary and confidential information, are 
any of the proposed disclosure requirements problematic, and why?

VII. Specific Public Disclosure Requirements

    The public disclosure requirements are designed to provide 
important information to market participants on capital, risk 
exposures, risk assessment processes, and, thus, the capital adequacy 
of an Enterprise. The substantive content of the tables in the proposed 
rule is the focus of the disclosure requirements, not the tables 
themselves.
    An Enterprise would make the disclosures described in tables 1 
through 11 to proposed Sec.  1240.63 and market risk disclosures 
described in proposed Sec.  1240.205. The Enterprise would make these 
disclosures publicly available for each of the last three years or such 
shorter time period beginning when the proposed requirements come into 
effect.
    Table 1 disclosures, ``Capital Structure,'' would provide summary 
information on the terms and conditions of the main features of 
regulatory capital instruments, which would allow for an evaluation of 
the quality of the capital available to absorb losses within an 
Enterprise. An Enterprise also would disclose the total amount of 
common equity tier 1, core, tier 1, total, and adjusted total capital, 
with separate disclosures for deductions and adjustments to capital.
    Table 2 disclosures, ``Capital Adequacy,'' would provide 
information on an Enterprise's approach for categorizing and risk-
weighting its exposures, as well as the amount of total risk-weighted 
assets. The table would also include common equity tier 1, tier 1, and 
adjusted total risk-based capital ratios.
    Table 3 disclosures, ``Capital Buffers,'' would require an 
Enterprise to disclose the prescribed capital conservation buffer 
amount, the prescribed leverage buffer amount, eligible retained 
income, and any limitations on capital distributions and certain 
discretionary bonus payments, as applicable.
    Tables 4, 5, and 6 disclosures, related to credit risk, 
counterparty credit risk, and credit risk mitigation, respectively, 
would provide market participants with insight into different types and 
concentrations of credit risk to which an Enterprise is exposed and the 
techniques it uses to measure, monitor, and mitigate those risks. These 
disclosures are intended to enable market participants to assess the 
credit risk exposures of the Enterprise without revealing proprietary 
information.
    Table 7 disclosures, ``CRT and Securitization,'' would provide 
information to market participants on the amount of credit risk 
transferred and retained by an Enterprise through CRT and 
securitization transactions, the types of products securitized by the 
Enterprise, the risks inherent in the Enterprise's securitized assets, 
the Enterprise's policies regarding credit risk mitigation, and the 
names of any entities that provide external credit assessments of a 
securitization. These disclosures would provide a better understanding 
of how securitization transactions impact the credit risk of an 
Enterprise. For purposes of these disclosures, ``exposures 
securitized'' include underlying exposures originated by an Enterprise, 
whether generated by

[[Page 60593]]

the Enterprise or purchased from third parties, and third-party 
exposures included in sponsored programs. Securitization transactions 
in which the originating Enterprise does not retain any securitization 
exposure would be shown separately and would only be reported for the 
year of inception.
    Table 8 disclosures, ``Equities,'' would provide market 
participants with an understanding of the types of equity securities 
held by the Enterprise and how they are valued. The table would also 
provide information on the capital allocated to different equity 
products and the amount of unrealized gains and losses. (In comparison 
with bank holding companies subject to the Federal Reserve Board's 
Regulation Q, on which this proposed regulation is based, the types of 
equity securities that may be held by the Enterprises are limited. 
Their capital treatment is governed by 12 CFR 1240.51 and 1240.52.)
    Table 9 disclosures, ``Interest Rate Risk for Non-trading 
Activities,'' would require an Enterprise to provide certain 
quantitative and qualitative disclosures regarding the Enterprise's 
management of interest rate risks.
    Table 10 disclosures, ``Operational Risk,'' would require an 
Enterprise to provide certain qualitative disclosures regarding the 
advanced measurement approach, when applicable, and a description of 
the use of insurance for the purpose of mitigating operational risk. 
These disclosures would include a description of the AMA, as well as a 
discussion of relevant internal and external factors considered in the 
Enterprise's measurement approach.
    Table 11 disclosures, ``Tier 1 Leverage Ratio,'' would provide 
information related to an Enterprise's adjusted total assets, including 
adjustments for fiduciary assets, derivative exposures, repo-style 
transactions, and off-balance sheet exposures. The table would also 
include an Enterprise's tier 1 leverage ratio. These disclosures are 
intended to enable market participants to assess the aggregate exposure 
to risk at an Enterprise and to consider that risk against the 
Enterprise's capital backstop.
    The market risk disclosures would provide quantitative and 
qualitative information related to an Enterprise's market risk profile, 
market risk valuation strategies, internal controls, and disclosure 
controls and procedures. The quantitative disclosures would detail 
exposure amounts and risk-weighted assets for material portfolios of 
covered positions, as well as on-balance sheet and off-balance sheet 
securitization positions by exposure type.
Question 3: Should FHFA consider any additional specific public 
disclosure requirements?
Question 4: Should FHFA consider requiring additional disclosures 
pertaining to the single-family countercyclical adjustment?

VIII. Paperwork Reduction Act

    The Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.) requires 
that regulations involving the collection of information receive 
clearance from the Office of Management and Budget (OMB). The proposed 
rule contains no such collection of information requiring OMB approval 
under the PRA. Therefore, no information has been submitted to OMB for 
review.

IX. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that 
a regulation that has a significant economic impact on a substantial 
number of small entities, small businesses, or small organizations must 
include an initial regulatory flexibility analysis describing the 
regulation's impact on small entities. FHFA need not undertake such an 
analysis if the agency has certified that the regulation will not have 
a significant economic impact on a substantial number of small 
entities. 5 U.S.C. 605(b). FHFA has considered the impact of the 
proposed rule under the Regulatory Flexibility Act. FHFA certifies that 
the proposed rule, if adopted as a final rule, would not have a 
significant economic impact on a substantial number of small entities 
because the proposed rule is applicable only to the Enterprises, which 
are not small entities for purposes of the Regulatory Flexibility Act.

Proposed Rule

List of Subjects for 12 CFR Part 1240

    Capital, Credit, Enterprise, Investments, Reporting and 
recordkeeping requirements.

Authority and Issuance

    For the reasons stated in the Preamble, under the authority of 12 
U.S.C. 4511, 4513, 4513b, 4514, 4515-17, 4526, 4611-4612, 4631-36, FHFA 
proposes to amend part 1240 of title 12 of the Code of Federal 
Regulation as follows:

CHAPTER XII--FEDERAL HOUSING FINANCE AGENCY

SUBCHAPTER C--ENTERPRISES

PART 1240--CAPITAL ADEQUACY OF ENTERPRISES

0
1. The authority citation for part 1240 is revised to read as follows:

    Authority:  12 U.S.C. 4511, 4513, 4513b, 4514, 4515, 4517, 4526, 
4611-4612, 4631-36.

0
2. Amend Sec.  1240.4 by revising paragraph (b) to read as follows:


Sec.  1240.4  Transition.

* * * * *
    (b) Reporting Requirements. (1) For any reporting requirement under 
Sec.  1240.1(f) or 1240.41, the compliance date will be January 1, 
2022.
    (2) For any reporting requirement under Sec. Sec.  1240.61 through 
1240.63, the compliance date will be six months from the date of 
publication of the final rule for Sec. Sec.  1240.61 through 1240.63 in 
the Federal Register.
    (3) For any reporting requirement under Sec.  1240.205, the 
compliance date will be six months from the date of publication of the 
final rule for Sec.  1240.205 in the Federal Register.
* * * * *
0
3. Add Sec. Sec.  1240.61 through 1240.63 to Subpart D to read as 
follows:

Subpart D--Risk-Weighted Assets--Standardized Approach

* * * * *
Risk-Weighted Assets for Standardized Approach Disclosures


Sec.  1240.61   Purpose and scope.

    Sections 1240.61 through 1240.63 of this subpart establish public 
disclosure requirements related to the capital requirements described 
in subpart B.


Sec.  1240.62   Disclosure requirements.

    (a) An Enterprise must provide timely public disclosures each 
calendar quarter of the information in the applicable tables in Sec.  
1240.63. If a significant change occurs, such that the most recent 
reported amounts are no longer reflective of the Enterprise's capital 
adequacy and risk profile, then a brief discussion of this change and 
its likely impact must be disclosed as soon as practicable thereafter, 
and no later than the end of the next calendar quarter. Qualitative 
disclosures that have not changed from the prior quarter (for example, 
a general summary of the Enterprise's risk management objectives and 
policies, reporting system, and definitions) may be omitted from the 
next quarterly disclosure, but must be disclosed at least annually 
after the end

[[Page 60594]]

of the fourth calendar quarter. Unless otherwise directed by FHFA, the 
Enterprise's management may provide all of the disclosures required by 
Sec. Sec.  1240.61 through 1240.63 in one place on the Enterprise's 
public website or may provide the disclosures in more than one public 
financial report or other regulatory reports, provided that the 
Enterprise publicly provides a summary table specifically indicating 
the location(s) of all such disclosures.
    (b) An Enterprise must have a formal disclosure policy approved by 
the board of directors that addresses its approach for determining the 
disclosures it makes. The policy must address the associated internal 
controls and disclosure controls and procedures. The board of directors 
and senior management are responsible for establishing and maintaining 
an effective internal control structure over financial reporting, 
including the disclosures required by this subpart, and must ensure 
that appropriate review of the disclosures takes place. The Chief Risk 
Officer and the Chief Financial Officer of the Enterprise must attest 
that the disclosures meet the requirements of this subpart.
    (c) If an Enterprise concludes that specific commercial or 
financial information that it would otherwise be required to disclose 
under this section would be exempt from disclosure by FHFA under the 
Freedom of Information Act (5 U.S.C. 552), then the Enterprise is not 
required to disclose that specific information pursuant to this 
section, unless otherwise directed by FHFA to amend the disclosure, but 
must disclose more general information about the subject matter of the 
requirement, together with the fact that, and the reason why, the 
specific items of information have not been disclosed.
    (d) An Enterprise must publicly disclose each quarter its tier 1 
leverage ratio and the components thereof (that is, tier 1 capital and 
adjusted total assets) as calculated under subpart B of this part 
beginning with the calendar quarter immediately following the quarter 
in which this Sec.  1240.62 becomes effective, if adopted as a final 
rule.


Sec.  1240.63   Disclosures.

    (a) Except as provided in Sec.  1240.62, an Enterprise must make 
the disclosures described in Tables 1 through 11 of this section 
publicly available for each of the last three years (that is, twelve 
quarters) or such shorter period until an Enterprise has made twelve 
quarterly disclosures pursuant to this part beginning on Month Day 
Year.
    (b) An Enterprise must publicly disclose each quarter the 
following:
    (1) Regulatory capital ratios for common equity tier 1 capital, 
additional tier 1 capital, tier 1 capital, tier 2 capital, total 
capital, core capital, and adjusted total capital, including the 
regulatory capital elements and all the regulatory adjustments and 
deductions needed to calculate the numerator of such ratios;
    (2) Total risk-weighted assets, including the different regulatory 
adjustments and deductions needed to calculate total risk-weighted 
assets; and
    (3) A reconciliation of regulatory capital elements as they relate 
to its balance sheet in any audited consolidated financial statements.

             Table 1 to Paragraph (b)(3): Capital Structure
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Qualitative Disclosures             (a) Summary information on the terms
                                     and conditions of the main features
                                     of all regulatory capital
                                     instruments.
Quantitative Disclosures            (b) The amount of common equity tier
                                     1 capital, with separate disclosure
                                     of:
                                        (1) Common stock and related
                                        surplus;
                                        (2) Retained earnings;
                                        (3) AOCI (net of tax) and other
                                        reserves; and
                                        (4) Regulatory adjustments and
                                        deductions made to common equity
                                        tier 1 capital.
                                    (c) The amount of core capital, with
                                     separate disclosure of:
                                        (1) The par or stated value of
                                        outstanding common stock;
                                        (2) The par or stated value of
                                        outstanding perpetual,
                                        noncumulative preferred stock;
                                        (3) Paid-in capital; and
                                        (4) Retained earnings.
                                    (d) The amount of tier 1 capital,
                                     with separate disclosure of:
                                        (1) Additional tier 1 capital
                                        elements, including additional
                                        tier 1 capital instruments and
                                        tier 1 minority interest not
                                        included in common equity tier 1
                                        capital; and
                                        (2) Regulatory adjustments and
                                        deductions made to tier 1
                                        capital.
                                    (e) The amount of total capital,
                                     with separate disclosure of:
                                        (1) The general allowance for
                                        foreclosure losses; and
                                        (2) Other amounts from sources
                                        of funds available to absorb
                                        losses incurred by the
                                        Enterprise that the Director by
                                        regulation determines are
                                        appropriate to include in
                                        determining total capital.
                                    (f) The amount of adjusted total
                                     capital, with separate disclosure
                                     of:
                                        (1) Tier 2 capital elements,
                                        including tier 2 capital
                                        instruments; and
                                        (2) Regulatory adjustments and
                                        deductions made to adjusted
                                        total capital.
------------------------------------------------------------------------


              Table 2 to Paragraph (b)(3): Capital Adequacy
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Qualitative disclosures             (a) A summary discussion of the
                                     Enterprise's approach to assessing
                                     the adequacy of its capital to
                                     support current and future
                                     activities.
Quantitative disclosures            (b) Risk-weighted assets for:
                                       (1) Exposures to sovereign
                                        entities;
                                       (2) Exposures to certain
                                        supranational entities and MDBs;
                                       (3) Exposures to GSEs;
                                       (4) Exposures to depository
                                        institutions and credit unions;
                                       (5) Exposures to PSEs;
                                       (6) Corporate exposures;
                                       (7) Aggregate single-family
                                        mortgage exposures categorized
                                        by:
                                         (i) Performing loans;
                                         (ii) Non-modified re-performing
                                          loans;
                                         (iii) Modified re-performing
                                          loans;

[[Page 60595]]

 
                                         (iv) Non-performing loans;
                                       (8) Aggregate multifamily
                                        mortgage exposures categorized
                                        by:
                                         (i) Multifamily fixed-rate
                                          exposures;
                                         (ii) Multifamily adjustable-
                                          rate exposures;
                                       (9) Past due loans;
                                       (10) Other assets;
                                       (11) Insurance assets;
                                       (12) Off-balance sheet exposures;
                                       (13) Cleared transactions;
                                       (14) Default fund contributions;
                                       (15) Unsettled transactions;
                                       (16) CRT and other securitization
                                        exposures; and
                                       (17) Equity exposures.
                                    (c) Standardized market risk-
                                     weighted assets as calculated under
                                     subpart F of this part.
                                    (d) Risk-weighted assets for
                                     operational risk.
                                    (e) Common equity tier 1, tier 1,
                                     and adjusted total risk-based
                                     capital ratios.
                                    (f) Total standardized risk-weighted
                                     assets.
------------------------------------------------------------------------


              Table 3 to Paragraph (b)(3): Capital Buffers
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Qualitative disclosures             (a) A summary discussion of the
                                     Enterprise's capital buffers and
                                     the differential effects, if any,
                                     the buffers have on an Enterprise's
                                     business by geographic
                                     breakdown.\1\
Quantitative Disclosures            (b) At least quarterly, the
                                     Enterprise must calculate and
                                     publicly disclose the prescribed
                                     capital conservation buffer amount
                                     and all its components as described
                                     under Sec.   1240.11.
                                    (c) At least quarterly, the
                                     Enterprise must calculate and
                                     publicly disclose the prescribed
                                     leverage buffer amount as described
                                     under Sec.   1240.11.
                                    (d) At least quarterly, the
                                     Enterprise must calculate and
                                     publicly disclose the eligible
                                     retained income of the Enterprise,
                                     as described under Sec.   1240.11.
                                    (e) At least quarterly, the
                                     Enterprise must calculate and
                                     publicly disclose any limitations
                                     it has on distributions and
                                     discretionary bonus payments
                                     resulting from the capital buffer
                                     framework described under Sec.
                                     1240.11, including the maximum
                                     payout amount for the quarter.
------------------------------------------------------------------------
\1\ The geographic breakdown must consist of areas within the United
  States and territories.

    (c) For each separate risk area described in Tables 4 through 9, 
the Enterprise must, as a general qualitative disclosure requirement, 
describe its risk management objectives and policies, including: 
Strategies and processes; the structure and organization of the 
relevant risk management function; the scope and nature of risk 
reporting and/or measurement systems; policies for hedging and/or 
mitigating risk and strategies and processes for monitoring the 
continuing effectiveness of hedges/mitigants.

     Table 4 to Paragraph (c): \1\ Credit Risk: General Disclosures
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Qualitative Disclosures             (a) The general qualitative
                                     disclosure requirement with respect
                                     to credit risk (excluding
                                     counterparty credit risk disclosed
                                     in accordance with Table 5 of this
                                     section), including the:
                                       (1) Policy for determining past
                                        due or delinquency status;
                                       (2) Policy for placing loans on
                                        nonaccrual;
                                       (3) Policy for returning loans to
                                        accrual status;
                                       (4) Description of the
                                        methodology that the Enterprise
                                        uses to estimate its adjusted
                                        allowance for credit losses,
                                        including statistical methods
                                        used where applicable;
                                       (5) Policy for charging-off
                                        uncollectible amounts; and
                                       (6) Discussion of the
                                        Enterprise's credit risk
                                        management policy.
Quantitative Disclosures            (b) Total credit risk exposures and
                                     average credit risk exposures,
                                     after accounting offsets in
                                     accordance with GAAP, without
                                     taking into account the effects of
                                     credit risk mitigation techniques
                                     (for example, collateral and
                                     netting not permitted under GAAP),
                                     over the period categorized by
                                     major types of credit exposure. For
                                     example, the Enterprises could use
                                     categories similar to that used for
                                     financial statement purposes. Such
                                     categories might include, for
                                     instance.
                                       (1) Loans, off-balance sheet
                                        commitments, and other non-
                                        derivative off-balance sheet
                                        exposures;
                                       (2) Debt securities; and
                                       (3) OTC derivatives.
                                    (c) Geographic distribution of
                                     exposures, categorized in
                                     significant areas by major types of
                                     credit exposure.\2\
                                    (d) Industry or counterparty type
                                     distribution of exposures,
                                     categorized by major types of
                                     credit exposure.
                                    (e) By major industry or
                                     counterparty type:
                                       (1) Amount of loans not past due
                                        or past due less than 30 days;
                                       (2) Amount of loans past due 30
                                        days but less than 90 days;
                                       (3) Amount of loans past due 90
                                        days and on nonaccrual;
                                       (4) Amount of loans past due 90
                                        days and still accruing; \3\
                                       (5) The balance in the adjusted
                                        allowance for credit losses at
                                        the end of each period,
                                        disaggregated on the basis of
                                        loans not past due or past due
                                        less than 30 days, loans past
                                        due 30 days but less than 90
                                        days, loans past due 90 days and
                                        on nonaccrual, and loans past
                                        due 90 days and still accruing;
                                        and

[[Page 60596]]

 
                                       (6) Charge-offs during the
                                        period.
                                    (f) Amount of past due loans
                                     categorized by significant
                                     geographic areas including, if
                                     practical, the amounts of
                                     allowances related to each
                                     geographical area,\4\ further
                                     categorized as required by GAAP.
                                    (g) Reconciliation of changes in the
                                     adjusted allowance for credit
                                     losses.\5\
                                    (h) Remaining contractual maturity
                                     delineation (for example, one year
                                     or less) of the whole portfolio,
                                     categorized by credit exposure.
------------------------------------------------------------------------
\1\ Table 4 does not cover equity exposures, which should be reported in
  Table 8 of this section.
\2\ Geographical areas consist of areas within the United States and
  territories. An Enterprise might choose to define the geographical
  areas based on the way the Enterprise's portfolio is geographically
  managed. The criteria used to allocate the loans to geographical areas
  must be specified.
\3\ An Enterprise is encouraged also to provide an analysis of the aging
  of past-due loans.
\4\ The portion of the general allowance that is not allocated to a
  geographical area should be disclosed separately.
\5\ The reconciliation should include the following: A description of
  the allowance; the opening balance of the allowance; charge-offs taken
  against the allowance during the period; amounts provided (or
  reversed) for estimated expected credit losses during the period; any
  other adjustments (for example, exchange rate differences, business
  combinations, acquisitions and disposals of subsidiaries), including
  transfers between allowances; and the closing balance of the
  allowance. Charge-offs and recoveries that have been recorded directly
  to the income statement should be disclosed separately.


  Table 5 to Paragraph (c): General Disclosure for Counterparty Credit
                         Risk-Related Exposures
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Qualitative Disclosures             (a) The general qualitative
                                     disclosure requirement with respect
                                     to OTC derivatives, eligible margin
                                     loans, and repo-style transactions,
                                     including a discussion of:
                                       (1) The methodology used to
                                        assign credit limits for
                                        counterparty credit exposures;
                                       (2) Policies for securing
                                        collateral, valuing and managing
                                        collateral, and establishing
                                        credit reserves;
                                       (3) The primary types of
                                        collateral taken; and
                                       (4) The impact of the amount of
                                        collateral the Enterprise would
                                        have to provide given a
                                        deterioration in the
                                        Enterprise's own
                                        creditworthiness.
Quantitative Disclosures..........  (b) Gross positive fair value of
                                     contracts, collateral held
                                     (including type, for example, cash,
                                     government securities), and net
                                     unsecured credit exposure.\1\ An
                                     Enterprise also must disclose the
                                     notional value of credit derivative
                                     hedges purchased for counterparty
                                     credit risk protection and the
                                     distribution of current credit
                                     exposure by exposure type.\2\
                                    (c) Notional amount of purchased and
                                     sold credit derivatives, segregated
                                     between use for the Enterprise's
                                     own credit portfolio and in its
                                     intermediation activities,
                                     including the distribution of the
                                     credit derivative products used,
                                     categorized further by protection
                                     bought and sold within each product
                                     group.
------------------------------------------------------------------------
\1\ Net unsecured credit exposure is the credit exposure after
  considering both the benefits from legally enforceable netting
  agreements and collateral arrangements without taking into account
  haircuts for price volatility, liquidity, etc.
\2\ This may include interest rate derivative contracts, foreign
  exchange derivative contracts, equity derivative contracts, credit
  derivatives, commodity or other derivative contracts, repo-style
  transactions, and eligible margin loans.


        Table 6 to Paragraph (c): Credit Risk Mitigation \1\ \2\
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Qualitative Disclosures             (a) The general qualitative
                                     disclosure requirement with respect
                                     to credit risk mitigation,
                                     including:
                                       (1) Policies and processes for
                                        collateral valuation and
                                        management;
                                       (2) A description of the main
                                        types of collateral taken by the
                                        Enterprise;
                                       (3) The main types of guarantors/
                                        credit derivative counterparties
                                        and their creditworthiness; and
                                       (4) Information about (market or
                                        credit) risk concentrations with
                                        respect to credit risk
                                        mitigation.
Quantitative Disclosures            (b) For each separately disclosed
                                     credit risk portfolio, the total
                                     exposure that is covered by
                                     eligible financial collateral, and
                                     after the application of haircuts.
                                    (c) For each separately disclosed
                                     portfolio, the total exposure that
                                     is covered by guarantees/credit
                                     derivatives and the risk-weighted
                                     asset amount associated with that
                                     exposure.
------------------------------------------------------------------------
\1\ At a minimum, an Enterprise must provide the disclosures in Table 6
  in relation to credit risk mitigation that has been recognized for the
  purposes of reducing capital requirements under this subpart. Where
  relevant, the Enterprises are encouraged to give further information
  about mitigants that have not been recognized for that purpose.
\2\ Credit derivatives that are treated, for the purposes of this
  subpart, as synthetic securitization exposures should be excluded from
  the credit risk mitigation disclosures and included within those
  relating to securitization (Table 7 of this section).


            Table 7 to Paragraph (c): CRT and Securitization
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Qualitative Disclosures             (a) The general qualitative
                                     disclosure requirement with respect
                                     to a securitization (including
                                     synthetic securitizations),
                                     including a discussion of:
                                       (1) The Enterprise's objectives
                                        for securitizing assets,
                                        including the extent to which
                                        these activities transfer credit
                                        risk of the underlying exposures
                                        away from the Enterprise to
                                        other entities and including the
                                        type of risks assumed and
                                        retained with resecuritization
                                        activity; \1\
                                       (2) The nature of the risks
                                        (e.g., liquidity risk) inherent
                                        in the securitized assets;
                                       (3) The roles played by the
                                        Enterprise in the securitization
                                        process\2\ and an indication of
                                        the extent of the Enterprise's
                                        involvement in each of them;
                                       (4) The processes in place to
                                        monitor changes in the credit
                                        and market risk of
                                        securitization exposures
                                        including how those processes
                                        differ for resecuritization
                                        exposures;
                                       (5) The Enterprise's policy for
                                        mitigating the credit risk
                                        retained through securitization
                                        and resecuritization exposures;
                                        and
                                       (6) The risk-based capital
                                        approaches that the Enterprise
                                        follows for its securitization
                                        exposures including the type of
                                        securitization exposure to which
                                        each approach applies.
                                    (b) A list of:

[[Page 60597]]

 
                                       (1) The type of securitization
                                        SPEs that the Enterprise, as
                                        sponsor, uses to securitize
                                        third-party exposures. The
                                        Enterprise must indicate whether
                                        it has exposure to these SPEs,
                                        either on- or off-balance sheet;
                                        and
                                       (2) Affiliated entities:
                                         (i) That the Enterprise manages
                                          or advises; and
                                         (ii) That invest either in the
                                          securitization exposures that
                                          the Enterprise has securitized
                                          or in securitization SPEs that
                                          the Enterprise sponsors.\3\
                                    (c) Summary of the Enterprise's
                                     accounting policies for CRT and
                                     securitization activities,
                                     including:
                                       (1) Whether the transactions are
                                        treated as sales (i.e., sale
                                        accounting has been obtained) or
                                        financings;
                                       (2) Recognition of gain-on-sale;
                                       (3) Methods and key assumptions
                                        applied in valuing retained or
                                        purchased interests;
                                       (4) Changes in methods and key
                                        assumptions from the previous
                                        period for valuing retained
                                        interests and impact of the
                                        changes;
                                       (5) Treatment of synthetic
                                        securitizations;
                                       (6) How exposures intended to be
                                        securitized are valued and
                                        whether they are recorded under
                                        subpart D of this part; and
                                       (7) Policies for recognizing
                                        liabilities on the balance sheet
                                        for arrangements that could
                                        require the Enterprise to
                                        provide financial support for
                                        securitized assets.
                                    (d) An explanation of significant
                                     changes to any quantitative
                                     information since the last
                                     reporting period.
Quantitative Disclosures..........  (e) The total outstanding exposures
                                     securitized by the Enterprise in
                                     securitizations that meet the
                                     operational criteria provided in
                                     Sec.   1240.41 (categorized into
                                     traditional and synthetic
                                     securitizations), by exposure type,
                                     separately for securitizations of
                                     third-party exposures for which the
                                     bank acts only as sponsor.\4\
                                    (f) For exposures securitized by the
                                     Enterprise in securitizations that
                                     meet the operational criteria in
                                     Sec.   1240.41:
                                       (1) Amount of securitized assets
                                        that are past due categorized by
                                        exposure type; and
                                       (2) Losses recognized by the
                                        Enterprise during the current
                                        period categorized by exposure
                                        type.\5\
                                    (g) The total amount of outstanding
                                     exposures intended to be
                                     securitized categorized by exposure
                                     type.
                                    (h) Aggregate amount of:
                                       (1) On-balance sheet
                                        securitization exposures
                                        retained or purchased
                                        categorized by exposure type;
                                        and
                                       (2) Off-balance sheet
                                        securitization exposures
                                        categorized by exposure type.
                                    (i)(1) Aggregate amount of
                                     securitization exposures retained
                                     or purchased and the associated
                                     capital requirements for these
                                     exposures, categorized between
                                     securitization and resecuritization
                                     exposures, further categorized into
                                     a meaningful number of risk weight
                                     bands and by risk-based capital
                                     approach (e.g., CRTA, SSFA); and
                                       (2) Aggregate amount disclosed
                                        separately by type of underlying
                                        exposure in the pool of any:
                                         (i) After-tax gain-on-sale on a
                                          securitization that has been
                                          deducted from common equity
                                          tier 1 capital; and
                                         (ii) Credit-enhancing interest-
                                          only strip that is assigned a
                                          1,250 percent risk weight.
                                    (j) Summary of current year's
                                     securitization activity, including
                                     the amount of exposures securitized
                                     (by exposure type), and recognized
                                     gain or loss onsale by exposure
                                     type.
                                    (k) Aggregate amount of
                                     resecuritization exposures retained
                                     or purchased categorized according
                                     to:
                                       (1) Exposures to which credit
                                        risk mitigation is applied and
                                        those not applied; and
                                       (2) Exposures to guarantors
                                        categorized according to
                                        guarantor creditworthiness
                                        categories or guarantor name.
------------------------------------------------------------------------
\1\ The Enterprise should describe the structure of resecuritizations in
  which it participates; this description should be provided for the
  main categories of resecuritization products in which the Enterprise
  is active.
\2\ For example, these roles may include originator, investor, servicer,
  provider of credit enhancement, sponsor, liquidity provider, or swap
  provider.
\3\ Such affiliated entities may include, for example, money market
  funds, to be listed individually, and personal and private trusts, to
  be noted collectively.
\4\ ``Exposures securitized'' include underlying exposures originated by
  the Enterprise, whether generated by them or purchased, and recognized
  in the balance sheet, from third parties, and third-party exposures
  included in sponsored transactions. Securitization transactions
  (including underlying exposures originally on the Enterprise's balance
  sheet and underlying exposures acquired by the Enterprise from third-
  party entities) in which the originating Enterprise does not retain
  any securitization exposure should be shown separately but need only
  be reported for the year of inception. Enterprises are required to
  disclose exposures regardless of whether there is a capital charge
  under this part.
\5\ For example, charge-offs/allowances (if the assets remain on the
  Enterprise's balance sheet) or credit-related write-off of interest-
  only strips and other retained residual interests, as well as
  recognition of liabilities for probable future financial support
  required of the bank with respect to securitized assets.


[[Page 60598]]


                   Table 8 to Paragraph (c): Equities
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Qualitative Disclosures             (a) The general qualitative
                                     disclosure requirement with respect
                                     to equity risk for equities,
                                     including:
                                       (1) Differentiation between
                                        holdings on which capital gains
                                        are expected and those taken
                                        under other objectives including
                                        for relationship and strategic
                                        reasons; and
                                       (2) Discussion of important
                                        policies covering the valuation
                                        of and accounting for equity
                                        holdings. This includes the
                                        accounting techniques and
                                        valuation methodologies used,
                                        including key assumptions and
                                        practices affecting valuation as
                                        well as significant changes in
                                        these practices.
Quantitative Disclosures..........  (b) Carrying value disclosed on the
                                     balance sheet of investments, as
                                     well as the fair value of those
                                     investments; for securities that
                                     are publicly traded, a comparison
                                     to publicly-quoted share values
                                     where the share price is materially
                                     different from fair value.
                                    (c) The types and nature of
                                     investments, including the amount
                                     that is:
                                       (1) Publicly traded; and
                                       (2) Non publicly traded.
                                    (d) The cumulative realized gains
                                     (losses) arising from sales and
                                     liquidations in the reporting
                                     period.
                                    (e)(1) Total unrealized gains
                                     (losses) recognized on the balance
                                     sheet but not through earnings.
                                       (2) Total unrealized gains
                                        (losses) not recognized either
                                        on the balance sheet or through
                                        earnings.
                                       (3) Any amounts of the above
                                        included in tier 1 or tier 2
                                        capital.
                                    (f) Capital requirements categorized
                                     by appropriate equity groupings,
                                     consistent with the Enterprise's
                                     methodology, as well as the
                                     aggregate amounts and the type of
                                     equity investments subject to any
                                     supervisory transition regarding
                                     regulatory capital requirements.\1\
------------------------------------------------------------------------
\1\ This disclosure must include a breakdown of equities that are
  subject to the 0 percent, 20 percent, 100 percent, 300 percent, 400
  percent, and 600 percent risk weights, as applicable.


                     Table 9 to Paragraph (c): Interest Rate Risk for Non-Trading Activities
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Qualitative disclosures                  (a) The general qualitative disclosure requirement, including the
                                          nature of interest rate risk for non-trading activities and key
                                          assumptions, including assumptions regarding loan prepayments and
                                          frequency of measurement of interest rate risk for non-trading
                                          activities
Quantitative disclosures                 (b) The increase (decline) in earnings or economic value (or relevant
                                          measure used by management) for upward and downward rate shocks
                                          according to management's method for measuring interest rate risk for
                                          non-trading activities, categorized by currency (as appropriate)
----------------------------------------------------------------------------------------------------------------


               Table 10 to Paragraph (c): Operational Risk
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Qualitative disclosures        (a) The general qualitative disclosure
                                requirement for operational risk.
                               (b) Description of the AMA, when
                                applicable, including a discussion of
                                relevant internal and external factors
                                considered in the Enterprise's
                                measurement approach.
                               (c) A description of the use of insurance
                                for the purpose of mitigating
                                operational risk.
------------------------------------------------------------------------


            Table 11 to Paragraph (c): Tier 1 Leverage Ratio
------------------------------------------------------------------------
                                             Dollar amounts in thousands
                                           -----------------------------
                                             Tril    Bil    Mil    Thou
------------------------------------------------------------------------
   Part 1: Summary comparison of accounting assets and adjusted total
                                 assets
------------------------------------------------------------------------
1 Total consolidated assets as reported in  ......  .....  .....  ......
 published financial statements
2 Adjustment for fiduciary assets           ......  .....  .....  ......
 recognized on balance sheet but excluded
 from total leverage exposure
3 Adjustment for derivative exposures       ......  .....  .....  ......
4 Adjustment for repo-style transactions    ......  .....  .....  ......
5 Adjustment for off-balance sheet          ......  .....  .....  ......
 exposures (that is, conversion to credit
 equivalent amounts of off-balance sheet
 exposures)
6 Other adjustments                         ......  .....  .....  ......
7 Adjusted total assets (sum of lines 1 to  ......  .....  .....  ......
 6)
------------------------------------------------------------------------
                      Part 2: Tier 1 leverage ratio
------------------------------------------------------------------------
                       On-balance sheet exposures
------------------------------------------------------------------------
1 On-balance sheet assets (excluding on-    ......  .....  .....  ......
 balance sheet assets for repo-style
 transactions and derivative exposures,
 but including cash collateral received in
 derivative transactions)
2 LESS: Amounts deducted from tier 1        ......  .....  .....  ......
 capital
3 Total on-balance sheet exposures          ......  .....  .....  ......
 (excluding on-balance sheet assets for
 repo-style transactions and derivative
 exposures, but including cash collateral
 received in derivative transactions) (sum
 of lines 1 and 2)
------------------------------------------------------------------------


[[Page 60599]]


       Table 11 to Paragraph (c): Tier 1 Leverage Ratio--Continued
------------------------------------------------------------------------
                                             Dollar amounts in thousands
                                           -----------------------------
                                             Tril    Bil    Mil    Thou
------------------------------------------------------------------------
                          Derivative exposures
------------------------------------------------------------------------
4 Current exposure for derivative           ......  .....  .....  ......
 exposures (that is, net of cash variation
 margin)
5 Add-on amounts for potential future       ......  .....  .....  ......
 exposure (PFE) for derivative exposures
6 Gross-up for cash collateral posted if    ......  .....  .....  ......
 deducted from the on-balance sheet
 assets, except for cash variation margin
7 LESS: Deductions of receivable assets     ......  .....  .....  ......
 for cash variation margin posted in
 derivative transactions, if included in
 on-balance sheet assets
8 LESS: Exempted CCP leg of client-cleared  ......  .....  .....  ......
 transactions
9 Effective notional principal amount of    ......  .....  .....  ......
 sold credit protection
10 LESS: Effective notional principal       ......  .....  .....  ......
 amount offsets and PFE adjustments for
 sold credit protection
11 Total derivative exposures (sum of       ......  .....  .....  ......
 lines 4 to 10)
------------------------------------------------------------------------
                         Repo-style transactions
------------------------------------------------------------------------
12 On-balance sheet assets for repo-style   ......  .....  .....  ......
 transactions, except include the gross
 value of receivables for reverse
 repurchase transactions. Exclude from
 this item the value of securities
 received in a security-for-security repo-
 style transaction where the securities
 lender has not sold or re-hypothecated
 the securities received. Include in this
 item the value of securities that
 qualified for sales treatment that must
 be reversed
13 LESS: Reduction of the gross value of    ......  .....  .....  ......
 receivables in reverse repurchase
 transactions by cash payables in
 repurchase transactions under netting
 agreements
14 Counterparty credit risk for all repo-   ......  .....  .....  ......
 style transactions
15 Exposure for repo-style transactions     ......  .....  .....  ......
 where a banking organization acts as an
 agent
16 Total exposures for repo-style           ......  .....  .....  ......
 transactions (sum of lines 12 to 15)
------------------------------------------------------------------------
                    Other off-balance sheet exposures
------------------------------------------------------------------------
17 Off-balance sheet exposures at gross     ......  .....  .....  ......
 notional amounts
18 LESS: Adjustments for conversion to      ......  .....  .....  ......
 credit equivalent amounts
19 Off-balance sheet exposures (sum of      ......  .....  .....  ......
 lines 17 and 18)
------------------------------------------------------------------------
                    Capital and adjusted total assets
------------------------------------------------------------------------
20 Tier 1 capital                           ......  .....  .....  ......
21 Adjusted total assets (sum of lines 3,   ......  .....  .....  ......
 11, 16 and 19)
------------------------------------------------------------------------
                          Tier 1 leverage ratio
------------------------------------------------------------------------
22 Tier 1 leverage ratio                            (in percent)
------------------------------------------------------------------------

0
4. Add Sec.  1240.205 to Subpart F to read as follows:

Subpart F--Risk-weighted Assets--Market Risk

* * * * *


Sec.  1240.205   Market risk disclosures.

    (a) Scope. An Enterprise must make timely public disclosures each 
calendar quarter. If a significant change occurs, such that the most 
recent reporting amounts are no longer reflective of the Enterprise's 
capital adequacy and risk profile, then a brief discussion of this 
change and its likely impact must be provided as soon as practicable 
thereafter. Qualitative disclosures that typically do not change each 
quarter may be disclosed annually, provided any significant changes are 
disclosed in the interim. If an Enterprise believes that disclosure of 
specific commercial or financial information would prejudice seriously 
its position by making public certain information that is either 
proprietary or confidential in nature, the Enterprise is not required 
to disclose these specific items, but must disclose more general 
information about the subject matter of the requirement, together with 
the fact that, and the reason why, the specific items of information 
have not been disclosed. The Enterprise's management may provide all of 
the disclosures required by this section in one place on the 
Enterprise's public website or may provide the disclosures in more than 
one public financial report or other regulatory reports, provided that 
the Enterprise publicly provides a summary table specifically 
indicating the location(s) of all such disclosures.
    (b) Disclosure policy. The Enterprise must have a formal disclosure 
policy approved by the board of directors that addresses the 
Enterprise's approach for determining its market risk disclosures. The 
policy must address the associated internal controls and disclosure 
controls and procedures. The board of directors and senior management 
must ensure that appropriate verification of the disclosures takes 
place and that effective internal controls and disclosure controls and 
procedures are maintained. The Chief Risk Officer and the Chief 
Financial Officer of the Enterprise must attest that the disclosures 
meet the requirements of this subpart, and the board of directors and 
senior management are responsible for establishing and maintaining an 
effective internal control structure over financial reporting, 
including the disclosures required by this section.
    (c) Quantitative disclosures. (1) For each material portfolio of 
covered positions, the Enterprise must provide timely public 
disclosures of the following information at least quarterly:
    (i) Exposure amounts for each product type included in covered 
positions as described in Sec.  1240.202;
    (ii) Risk-weighted assets for each product type included in covered 
positions as described in Sec.  1240.202.

[[Page 60600]]

    (2) In addition, the Enterprise must disclose publicly the 
aggregate amount of on-balance sheet and off-balance sheet 
securitization positions by exposure type at least quarterly.
    (d) Qualitative disclosures. For each material portfolio of covered 
positions as identified using the definitions in Sec.  1240.202, the 
Enterprise must provide timely public disclosures of the following 
information at least annually after the end of the fourth calendar 
quarter, or more frequently in the event of material changes for each 
portfolio:
    (1) The composition of material portfolios of covered positions;
    (2) The Enterprise's valuation policies, procedures, and 
methodologies for covered positions including, for securitization 
positions, the methods and key assumptions used for valuing such 
positions, any significant changes since the last reporting period, and 
the impact of such change;
    (3) The characteristics of the internal models used for purposes of 
this subpart;
    (4) A description of the approaches used for validating and 
evaluating the accuracy of internal models and modeling processes for 
purposes of this subpart;
    (5) For each market risk category (that is, interest rate risk, 
credit spread risk, equity price risk, foreign exchange risk, and 
commodity price risk), a description of the stress tests applied to the 
positions subject to the factor;
    (6) The results of the comparison of the Enterprise's internal 
estimates for purposes of this subpart with actual outcomes during a 
sample period not used in model development;
    (7) A description of the Enterprise's processes for monitoring 
changes in the credit and market risk of securitization positions, 
including how those processes differ for resecuritization positions; 
and
    (8) A description of the Enterprise's policy governing the use of 
credit risk mitigation to mitigate the risks of securitization and 
resecuritization positions.

Sandra L. Thompson,
Acting Director, Federal Housing Finance Agency.
[FR Doc. 2021-23780 Filed 11-2-21; 8:45 am]
BILLING CODE 8070-01-P