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Fdic), 2012-2014 Description of document: Responses to Questions for the Record (QFR) provided to Congress by the Federal Deposit Insurance Corporation (FDIC), 2012-2014 Request date: 19-June-2014 Released date: 15-July-2014 Posted date: 21-July-2014 Source of document: FDIC Legal Division FOIA/PA Group 550 17th Street, NW Washington, D.C. 20429 Fax: 703-562-2797 Online Electronic FOIA Request The governmentattic.org web site (“the site”) is noncommercial and free to the public. The site and materials made available on the site, such as this file, are for reference only. The governmentattic.org web site and its principals have made every effort to make this information as complete and as accurate as possible, however, there may be mistakes and omissions, both typographical and in content. The governmentattic.org web site and its principals shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information provided on the governmentattic.org web site or in this file. The public records published on the site were obtained from government agencies using proper legal channels. Each document is identified as to the source. Any concerns about the contents of the site should be directed to the agency originating the document in question. GovernmentAttic.org is not responsible for the contents of documents published on the website. FDll Federal Deposit Insurance Corporation 550 17th Street, NW, Washington, DC 20429-9990 Legal Division July 15, 2014 RE: FDIC FOIA Request Log No. 14-0463 This is in response to your June 19, 2014 Freedom oflnformation Act ("FOIA") request for "a copy of each response to a Question for the Record (QFR) provided to Congress by the FDIC," for the time period since January 1, 2009. You provided the following instructions: If this request will require extensive searches, please contact me so we can discuss narrowing of the request. If this will produce voluminous records, please limit the request to records created since January 1, 2012. As is discussed further below, and in accord with your instructions, we interpreted this request as seeking records for the period since January 1, 2012. The FDIC's records search has been completed, and responsive information has been located. With the exception of signatures, the responsive information is being disclosed. I have enclosed a copy of the information that is being disclosed (202 pages ). 1 The redacted information is exempt from disclosure under FOIA Exemption 6, 5 U.S.C. § 552 (b)(6). Exemption 6 permits the withholding of personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Because some of the requested information has been withheld, this letter constitutes formal notification that your request has been denied in part. You have the right to appeal the denial to the FD I C's General Counsel within 30 business days following receipt of this letter. If you decide to appeal, please submit your appeal in writing to the General Counsel. Your appeal should be addressed to the FOIA/P A Group, Legal Division, FDIC, 550 17th Street, NW, Washington, D.C. 20429. Please refer to the log number and include any additional information that you would like the General Counsel to consider. For fee purposes, your request was categorized as having been made for other than commercial use. Therefore, you are entitled to two hours of free search time and to one hundred pages of free duplication, but would be responsible for the payment of all other search and duplication 1 The FDIC has confirmed that some of the responsive records also were processed in response to one or more earlier FOIA requests that you earlier submitted (e.g., FDIC FOIA Request Log No. 13-0450. It is not reasonably practicable for the FDIC to search all of your earlier request files to identify all duplicates; further, doing so would have increased the billable costs. Therefore, all otherwise responsive records were processed in this request whether or not processed in response to a request that you earlier submitted to the FDIC. costs, up to the amount of your fee agreement, whether or not any responsive information was located and if located, whether or not any responsive information was released or withheld. Costs under $10.00 are not assessed. 2 You agreed to pay costs to only $30.00. In responding to your request for the period since January 1, 2012, the FDIC expended two hours of search time by professional staff, and 202 pages were duplicated. Since you are entitled to two hours of free search time and to one hundred pages of free duplication, the billable costs already are $20.40 (i.e., 102 pages duplicated@ $0.20 per page). I have enclosed an Invoice for the balance due. Since you are not be entitled to any more free search or duplication, any additional search time by professional staff would be assessed@ $83.00 per hour, and any additional duplication would be assessed@ $0.20 per page. Based on experience, the unused portion of your fee agreement (i.e., $30.00 - $20.40 = $9.60), is not sufficient to process your request for the period January 2009 - December 2011. The processing of this request now has been completed. If you have any questions about this response, you may reach me by telephone at: 703-562-2039. Sincerely, /signed/ Jerry Sussman, Senior FOIA Specialist FOIA/Privacy Act Group Enclosures: 1. Responsive records (202 pages); and 2. Invoice ($20.40 balance due). 2 The FDIC's FOIA regulations and FOIA Fee Schedule are available on the FDIC's website, www.fdic.gov, under the Home page link to the "Freedom of Information Act ("FOIA") Service Center, http://www.fdic .gov/about/freedom/index. html 2 Page 1 FEDERAL DEPOSIT INSURANCE CORPORATION, Washington, oc 20429 MARTIN J. GRUENBERG CHAIRMAN June 3, 2014 Honorable Jeb Hensarling Chairman Committee on Financial Services House of Representatives Washington, D.C. 20515 Dear Chairman Hensarling: Thank you for the opportunity to testify before the Committee at the February 5, 2014 hearing "The Impact of the Volcker Rule on Job Creators, Part II." Enclosed are my responses to the follow up questions to complete the hearing record. If you have additional comments, please feel free to contact me at (202) 898-3888, or Eric Spitler, Director, Office of Legislative Affairs, at (202) 898-7140. Sincerel (b)(6) ·---~-~-------·------------------------------------------- ___! Enclosure Page 2 Response to questions from the Honorable Scott Gar.. ett by Martin J. Gruenberg, Chairipan Federal Deposit lnsu .. ance Corporation QI: Process (All) Given that the rule was out for proposal for two yea1·s and given the broad impact that it is going to have on our U.S. financial markets, why was the new rule not put out for additional public comment? If it had been, would the problems associated with TruPS and CLOs been caught and been addressed instead of causing all of the problems those p .. ovisions have? Al: The agencies• review of the public comments was extremely thorough. At the completion of the review, the agencies determined that is was appropriate to proceed to with a final rule. The final rule made a number of important changes from the proposed rule in response to the comments received. With respect to CDOs backed by bank-issued trust preferred securities, it is fair to say that everyone missed the immediacy of the accounting issues associated with the potential treatment of TruPS CDOs as a covered fund. Not only did the agencies not identify this accounting issue, the industry and other commenters missed the immediacy of this issue as well. For example, throughout the extended notice and comment period, none of the over 18,000 comment letters raised this issue. Once the TmPS CDO issue was identified, the agencies worked closely together and, with it1put from the industry, developed an effective and timely response to the majority of the bankers' concerns. Similarly, with respect to the CLO issues raised by industry, the agencies have carefully reviewed comments and data received from the banking and financial services industry and other interested parties. Based on discussions with and data prnvided by industry representatives, the agencies understand that CLOs issued after the Volcker Rule became final contain only loans in the underlying exposures, making them compliant with the loan securitization exemption. In addition, the agencies understand that a large number of legacy CLOs consist solely of loans and would be compliant with the Volcker Rule. The agencies worked closely together to evaluate the implications for banks holding CLOs containing non-loan assets and facing reinvestment period restrictions that would not comply with the Volcker Rule. After this extensive interagency review process, on April 7, 2014, the Federal Reserve released a statement announcing the intent to grant two one-year extensions to the Volcker Rule conformance period for certain CLOs, which the agencies believe should address the majority of legacy CLOs that do not comply with the Volcker Rule. The agencies believe that the extended conformance period should allow many of the non-compliant legacy CLOs to mature or otherwise "roll off," such as tlU'ough investor calls, and should offer investment managers time to potentially adjust the underlying assets to loans, thereby bringing the CLOs into conformance. Page 3 Q2: Econ Analysis (OCC, FRB, FDIC) The Riegle Community Development
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