Full text of Federal Reserve Bulletin : Spring 2004
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Volume 90 □ Number 2 □ Spring 2004 Federal Reserve BULLETIN Board of Governors of the Federal Reserve System, Washington, D.C. P u b l ic a tio n s C o m m it t e e Lynn S. Fox, Chair □ Sandra Braunstein □ Marianne M. Emerson □ Jennifer J. Johnson □ Karen H. Johnson □ Stephen R. Malphrus □ J. Virgil Mattingly, Jr. □ Vincent R. Reinhart □ Louise L. Roseman □ Richard Spillenkothen □ David J. Stockton The Federal Reserve Bulletin is issued quarterly under the direction of the staff publications committee. This committee is responsible for opinions expressed except in official statements and signed articles. It is assisted by the Publications Department under the direction of Lucretia M. Boyer. Table of Contents 125 MONETARY PO LIC Y REPORT TO THE C o n g r e ss The economic expansion in the United States gathered strength during 2003 while price inflation remained quite low. At the beginning of the year, uncertainties about the economic outlook and about the prospects of war in Iraq apparently weighed on spending decisions and extended the period of subpar economic per formance that had begun more than two years earlier. Over the second half of the year, in the absence of new shocks to economic activity and with gathering confidence in the durability of the economic expansion, the stimulus from monetary and fiscal policies showed through more readily in an improvement in domestic demand. Spurred by the global recovery in the high-tech sector and by a pickup in economic activity abroad, U.S. exports also posted solid increases in the second half of the year. Still, slack in resource utilization remained substantial, unit labor costs continued to decline as productivity surged, and core inflation moved lower. The performance of the economy last year further bolstered the case that the faster rate of increase in productivity, which began to emerge in the late 1990s, would persist. The combination of that favorable productivity trend and stimulative macroeconomic policies is likely to sustain robust economic expansion and low inflation in 2004. 153 S u m m a r y o f P a p e r s P r e s e n t e d a t t h e Se c o n d C o n f e r e n c e OF THE INTERNATIONAL RESEARCH FORUM ON MONETARY PO LICY The International Research Forum on Monetary Policy held its second conference on Novem ber 14 and 15, 2003. The organization is spon sored by the European Central Bank, the Board of Governors of the Federal Reserve System, the Center for German and European Studies, and the Center for Financial Studies. It was formed to encourage research on monetary policy issues that are relevant from a global perspective, and it organizes conferences that are held alternately in the euro area and the United States. The 2003 conference, held in Washing ton, D.C., featured ten papers. Among the topics examined were the Great Inflation of the 1970s in the United States and the influence of learning, or adjustment of expectations, on policy outcomes; the tradeoffs between rulesbased and discretionary monetary policy; the 1999 formation of the European Economic and Monetary Union and whether it altered the degree of economic integration between the United States and the euro area; the potential benefits of greater competition in the euro area; and optimal monetary policy in an international setting. 162 PROFITS AND BALANCE SHEET D e v e l o p m e n t s a t U.S. C o m m e r c ia l BANKS IN 2003 Amid a strengthening economic expansion, U.S. commercial banks remained highly profitable in 2003. Return on assets reached a record level for the second year in a row, and return on equity was near the top of its recent range. Banks’ profits were bolstered by decreased loan-loss provisions as a rising economy and considerable debt refinancing at very low interest rates led to lower delinquency rates on business and house hold loans. Fees associated with record mort gage refinancing activity and robust corporate bond issuance boosted non-interest income. Increases in non-interest expense were generally modest, although compensation-related costs rose more briskly. Lower long-term interest rates in the first part of the year allowed banks to realize gains on the sale of some of their securi ties, but they also contributed to a further shrink ing of net interest margins. Banks’ balance sheets expanded briskly, as the strong housing market and heavy refinancing activity boosted residential mortgages and mortgage-backed securities. Business loans ran off for a third year, albeit at a slower pace than in 2002 and 2003. Banks’ regulatory capital positions strengthened further, as the growth of assets with low regula tory risk weights outpaced that of assets with higher risk weights. Appointment of Dr. Janet L. Yellen as President, Federal Reserve Bank of San Francisco 192 REPORT ON THE CONDITION OF THE U.S. BANKING INDUSTRY: FOURTH QUARTER, 2003 Agencies launch web site on Call Report mod ernization initiative Assets of reporting bank holding companies expanded $130 billion, or 1.6 percent, in the fourth quarter of 2003. Asset quality showed further improvement. Net income rose to $28.3 billion for the fourth quarter and to more than $100 billion for the year. Net interest margins recovered slightly for the quarter, hav ing sustained steady contraction since late 2001. All of the aggregate quarterly earnings gains occurred at the “fifty large” bank holding com panies, while aggregate earnings at “all other” bank holding companies declined slightly in the fourth quarter as they had in the third quarter. Interagency guidance issued on unfair or decep tive acts or practices by state-chartered banks Improvements to the Federal Reserve Board’s web site Federal agencies publish Spanish-language ver sion of consumer brochure on predatory lending Release of minutes to discount rate meetings Meeting of the Consumer Advisory Council Enforcement actions Changes in Board staff 197 ANNOUNCEMENTS Revision to the money stock data Federal Open Market Committee statements Board agrees to seek comment on revisions to Regulation BB Agencies publish proposed rulemaking regard ing the Community Reinvestment Act and Regulation BB Approval of final rules to establish effective dates for the FACT Act Amendments to Regulation CC Comments requested on proposed changes to public disclosure tables Revisions to Regulation Z Proposed amendments to Regulation V Establishment of a working group to implement a dormant bank Changes to policy statement on payments sys tem risk Removal of all fifty-one stocks from List of Margin Stocks Public meeting held on proposed merger between J.P Morgan Chase & Co. and Bank One Corporation 212 Le g a l D e v e lo p m e n ts Various bank holding company, bank service corporation, and bank merger orders 249 M e m b e r s h ip o f t h e B o ar d o f Go ve r n o r s o f th e Fe d e r a l Re se r v e S y st e m , 1913-2003 252 board of S taff Governors and O f f ic ia l 254 F e d e r a l O p e n M a r k e t C o m m it t e e S t a f f ; A d v is o r y C o u n c il s 256 F e d e r a l R e s e r v e board and P u b l ic a t io n s 258 A n t ic ip a t e d S c h e d u l e o f R e l e a s e DATES FOR PERIODIC RELEASES 260 M a p s o f th e Fe d e r al Re se r v e S ystem 262 FEDERAL RESERVE BANKS, BRANCHES, a n d O f f ic e s Monetary Policy Report to the Congress Report submitted to the Congress on February 11, 2004, pursuant to section 2B o f the Federal Reserve Act M o n e t a r y P o l ic y a n d E c o n o m ic O u t l o o k th e The economic expansion in the United States gath ered strength during 2003 while price inflation remained quite low. At the beginning of the year, uncertainties about the economic outlook and about the prospects of war in Iraq apparently weighed on spending decisions and extended the period of subpar economic performance that had begun more than two years earlier. However, with the support of stimula tive monetary and fiscal policies, the nation’s econ omy weathered that period of heightened uncertainty to post a marked acceleration in economic activity over the second half of 2003. Still, slack in resource utilization remained substantial, unit labor costs con tinued to decline as productivity surged, and core inflation moved lower. The performance of the econ omy last year further bolstered the case that the faster rate of increase in productivity, which began to emerge in the late 1990s, would persist. The combi nation of that favorable productivity trend and stimu lative macroeconomic policies is likely to sustain robust economic expansion and low inflation in 2004. At the time of our last Monetary Policy Report to the Congress, in July, near-term prospects for U.S. economic activity remained unclear. Although the Federal Open Market Committee (FOMC) believed that policy stimulus and rapid gains in productivity would eventually lead to a pickup in the pace of the expansion, the timing and extent of the improvement were uncertain. During the spring, the rally that occurred in equity markets when the war-related uncertainties lifted suggested that market participants viewed the economic outlook as generally positive. By then, the restraints imparted by the earlier sharp decline in equity prices, the retrenchment in capital spending, and lapses in corporate governance were receding. As the price of crude oil dropped back and consumer confidence rebounded last spring, house hold spending seemed to be rising once again at a moderate rate. Businesses, however, remained cau tious; although the deterioration in the labor market showed signs of abating, private payroll employment was still declining, and capital spending continued to be weak. In addition, economic activity abroad gave few signs of bouncing back, even though long term interest rates in major foreign economies had declined sharply. At its June meeting, the FOMC provided additional policy accommodation, given that, as yet, it had seen no clear evidence of an acceleration of U.S. economic activity and faced the possibility that inflation might fall further from an already low level. During the next several months, evidence was accumulating that the economy was strengthening. The improvement was initially most apparent in financial markets, where prospects for stronger eco nomic activity and corporate earnings gave a further lift to equity prices. Interest rates rose as well, but financial conditions appeared to remain, on net, stimulative to spending, and additional impetus from the midyear changes in federal taxes was in train. Over the remainder of the year, in the absence of new shocks to economic activity and with gathering confi dence in the durability of the economic expansion, the stimulus from monetary and fiscal policies showed through more readily in an improvement in domestic demand. Consumer spending and residen tial construction, which had provided solid support for the expansion over the preceding two years, rose more rapidly, and business investment revived. Spurred by the global recovery in the high-tech sector and by a pickup in economic activity abroad, U.S. exports also posted solid increases in the second half of the year. Businesses began to add to their payrolls, but only at a modest pace that implied additional sizable gains in productivity. The fundamental factors underlying the strengthen ing of economic activity during the second half of 2003 should continue to promote brisk expansion in 2004. Monetary policy remains accommodative. Financial conditions for businesses are quite favor able: Profits have been rising rapidly, and corporate borrowing costs are at low levels. In the household sector, last year’s rise in the value of equities and real estate exceeded the further accumulation of debt by enough to raise the ratio of household net worth to disposable income after three consecutive years of 126 Federal Reserve Bulletin □ Spring 2004 decline. In addition, federal spending and tax policies are slated to remain stimulative during the current fiscal year, while the restraint from the state and local sector should diminish. Lastly, the lower foreign exchange value of the dollar and a sustained eco nomic expansion among our trading partners are likely to boost the demand for U.S. production. Con siderable uncertainty, of course, still attends the eco nomic outlook despite these generally favorable fun damentals. In particular, questions remain as to how willing businesses will be to spend and hire and how durable will be the pickup in economic growth among our trading partners. At its meeting on January 2728, 2004, the Committee perceived that upside and downside risks to the attainment of sustainable growth for the next few quarters are roughly equal. Prospects for sustained high rates of increase in productivity are quite favorable. Businesses are likely to retain their focus on controlling costs and boosting efficiency by making organizational improvements and exploiting investments in new equipment. With the ongoing gains in productivity, the existing mar gins of slack in resource utilization should recede gradually, and any upward pressure on prices should remain well contained. The FOMC indicated at its January meeting that, with inflation low and resource use still slack, it can be patient in removing its policy accommodation. M onetary Policy, Financial Markets, and the Economy over 2003 and Early 2004 During the opening months of 2003, the softness in economic conditions was exacerbated by the substan tial uncertainty surrounding the onset of war in Iraq. Private nonfarm businesses began again to cut pay rolls substantially, consumer spending slowed, and business investment was muted. Although the jump in energy prices pushed up overall inflation, slack in resource utilization and the rapid rise in labor produc tivity pushed core inflation down. In financial mar kets, the heightened sense of caution among investors generated safe-haven demands for Treasury and other fixed-income securities, and equity prices declined. At its meeting on March 18, the FOMC maintained its VA percent target for the federal funds rate to provide support for a stronger economic expansion that appeared likely to materialize. The Committee noted that the prevailing high degree of geopolitical uncertainty complicated any assessment of prospects for the economy, and members refrained from mak ing a determination about the balance of risks with regard to its goals of maximum employment and stable prices. At the same time, the Committee agreed to step up its surveillance of the economy, which took the form of a series of conference calls in late March and early April to consult about developments. When military action in Iraq became a certainty, financial markets began to rally, with risk spreads on corporate debt securities narrowing and broad equity indexes registering notable gains. Economic news, however, remained mixed. Indicators of the economy at the time of the May 6 FOMC meeting continued to suggest only tepid growth. Uncertainty in financial markets had declined, and rising consumer confidence and a wave of mortgage refinancing appeared to be supporting consumer spending. However, persistent excess capacity evident in labor and product markets pointed to possible further disinflation. The lifting of some of the uncertainty clouding the economic outlook allowed the Committee to make the determination that the risks to economic growth were balanced but that the probability of an unwelcome substantial fall in inflation exceeded that of a pickup in inflation. The FOMC judged that, taken together, the balance of risks was weighted toward weakness. The Committee left the federal funds rate target at VA percent, but the Committee’s announcement prompted a rally in the Treasury market, and coupon yields fell substan tially as market participants marked down their expectations for the path of the federal funds rate. By the time of the June 24-25 FOMC meeting, risk spreads had narrowed further and equity prices had extended their rise, but the prospects for sustained economic expansion still seemed tentative. Although Committee members referred to signs of improve ment in some sectors of the economy, they saw no concrete evidence of an appreciable overall strength ening in the economic expansion and viewed the excess capacity in the economy as likely to keep inflation in check. The Committee lowered the target for the federal funds rate lA percentage point, to 1 percent, to add further support to the economic expansion and as a form of insurance against a fur ther substantial drop in inflation, however unlikely. The members saw no serious obstacles to further conventional policy ease down to the zero lower bound on nominal interest rates should that prove to be necessary. The Committee also discussed alterna tive means of providing monetary stimulus should the target federal funds rate be reduced to a point at which they would have little or no latitude for addi tional easing through this traditional channel. Longer-term interest rates backed up following the meeting, as investors had apparently placed substan tial odds on a policy move larger than 25 basis points Monetary Policy Report to the Congress 127 Selected interest rates Percent Ten-year Treasury Two-year Treasury Intended federal funds rate N ote. The data are daily and extend through February 4, 2004. The dates on the horizontal axis are those of scheduled FOMC meetings. and may have been disappointed that the announce ment failed to mention any potential “unconven tional” monetary policy options. Ten-year Treasury yields rose sharply during the following weeks in reaction to interpretations of the Chairman’s congres sional testimony, the release of Committee members’ economic projections, and positive incoming news about the economy and corporate profits. A substan tial unwinding of hedging positions related to mort gage investments may well have amplified the upswing in market yields. Over the intermeeting period, labor markets continued to be soft, but indus trial production, personal consumption expenditures, and business outlays all strengthened, and the hous ing market remained robust. By the time of the August 12 FOMC meeting, members generally per ceived a firming in the economy, most encouragingly in business investment spending, and believed that, even after the rise in longer-term rates, financial conditions were still supportive of vigorous eco nomic growth. Given the continued slack in resource use across the economy, however, members saw little risk of inducing higher inflation by leaving the fed eral funds rate at its accommodative level. On the basis of the economic outlook, and to reassure market participants that policy would not reverse course soon, Committee members decided to include in the announcement a reference to their judgment that under the anticipated circumstances, policy accom modation could be maintained for a “considerable period.” Through the September 16 and October 28 FOMC meetings, the brightening prospects for future growth put upward pressure on equity prices and longerterm interest rates. The Committee’s retention of the phrase “considerable period” in the announcements following each of these meetings apparently provided an anchor for near-term interest rates. The Commit tee’s discussion at these two meetings focused on the increased evidence of a broadly based acceleration in economic activity and on the continued weakness in labor markets. Rising industrial production, increased personal consumption and business investment spending, higher profits, receptive financial markets, and a lower foreign exchange value of the dollar all suggested that sustained and robust economic growth was in train. The Committee’s decision to leave the stance of monetary policy unchanged over this period reflected, in part, a continuing confidence that gains in productivity would support economic growth and suppress inflationary pressures. In fact, the Commit tee generally viewed its goal of price stability as essentially having been achieved. By the time of the December 9 FOMC meeting, the economic expansion appeared likely to continue at a rate sufficient to begin to reduce slack in labor and product markets. Equity markets continued to rally, and risk spreads, particularly on the debt of speculative-grade firms, narrowed further. The labor market was finally showing some signs of improve ment, and spending by households remained strong even as the impetus from earlier mortgage refinanc ings and tax cuts began to wane. The acceleration in capital spending and evidence that some firms were beginning to accumulate inventories seemed to signal that business confidence was on the mend. However, twelve-month core consumer price inflation was noticeably lower than in the previous year. Even though the unemployment rate was expected to move down gradually, continued slack in labor and product markets over the near term was viewed as sufficient to keep any nascent inflation subdued. Uncertainty 128 Federal Reserve Bulletin □ Spring 2004 about the pace at which slack would be worked down, however, made longer-run prospects for infla tionary pressures difficult to gauge. Given the better outlook for sustained economic growth, the possi bility of pernicious deflation associated with a pro nounced softening in real activity was seen as even more remote than it had been earlier in the year. The Committee indicated that keeping policy accommo dative for a considerable period was contingent on its expectation that inflation would remain low and that resource use would remain slack. At its meeting on January 27-28, 2004, the Com mittee viewed a self-sustaining economic expansion as even more likely. Members drew particular reas surance from reports of plans for stronger capital spending and the widespread distribution of increased activity across regions. Accommodative financial market conditions, including higher equity prices, narrower risk spreads on bonds, and eased standards on business loans, also seemed supportive of eco nomic expansion. However, some risks remained in light of continued lackluster hiring evidenced by the surprisingly weak December payroll employment report. With the likelihood for rapid productivity growth seemingly more assured, Committee mem bers generally agreed that inflation pressures showed no sign of increasing and that a bit more disinflation was possible. Under these circumstances, the Com mittee concluded that current conditions allowed monetary policy to remain patient. As to the degree of policy accommodation, the Committee left its tar get for the federal funds rate unchanged. The Com mittee’s characterization that policy could be patient instead of its use of the phrase “considerable period” in its announcement prompted a rise in Treasury yields across the yield curve and a fall in equity prices. Econom ic Projections fo r 2004 Federal Reserve policymakers expect that the eco nomic expansion will continue at a brisk pace in 2004. The central tendency of the forecasts of the change in real gross domestic product made by the members of the Board of Governors and the Federal Reserve Bank presidents is 4V2 percent to 5 percent, measured from the final quarter of 2003 to the final quarter of 2004. The full range of these forecasts is somewhat wider—from 4 percent to 5 V2 percent. The FOMC participants anticipate that the projected increase in real economic activity will be associated with a further gradual decline in the unemployment rate. They expect that the unemployment rate, which Economic projections for 2004 Percent Indicator Memo: 2003 actual Federal Reserve Governors and Reserve Bank presidents Range Central tendency 5.9 4.3 1.4 5'/2-6'/2 4 -5'/2 1-1 */2 5>/2-6'/4 4'/2-5 1-1'/4 5.9 5>/4-5'/2 5'/4-5'/2 Change, fourth quarter to fourth quarter1 Nominal G D P ...................... Real G D P ............................. PCE chain-type price index . Average level, fourth quarter Civilian unemployment rate . 1. Change from average for fourth quarter of previous year to average for fourth quarter of year indicated. has averaged 53 percent in recent months, will be A between 5 'A percent and 5 'A percent in the fourth quarter of the year. With rapid increases in productiv ity likely to be sustained and inflation expectations stable, Federal Reserve policymakers anticipate that inflation will remain quite low this year. The central tendency of their forecasts for the change in the chain-type price index for personal consumption expenditures (PCE) is 1 percent to VA percent; this measure of inflation was 1.4 percent over the four quarters of 2003. ECONOM IC AND FINANCIAL DEVELOPMENTS IN 2003 AND EARLY 2004 The pace of economic expansion strengthened con siderably in the second half of 2003 after almost two years of uneven and, on balance, sluggish growth. In early 2003, accommodative monetary policy and stimulative fiscal policies were in place, but eco nomic activity still seemed to be weighed down by a number of factors that had restrained the recovery earlier: Geopolitical tensions were again heightened, this time by the impending war in Iraq, businesses remained unusually cautious about the strength of the expansion, and economic activity abroad was still weak. In June the continued lackluster economic growth and a further downshift in inflation from an already low level prompted a further reduction in the federal funds rate. In addition, the tax cuts that became effective at midyear provided a significant boost to disposable income. In the succeeding months, the macroeconomic stimulus began to show through clearly in sales and production, and some of the business caution seemed to recede. Real GDP increased at an annual rate of 6 percent, on average, in the third and fourth quarters of last year. In con trast, between late 2001 and mid-2003, real GDP had risen at an annual rate of only 2 1 percent. /2 Monetary Policy Report to the Congress Change in real GDP Note. Here and in subsequent charts, except as noted, change for a given period is measured to its final quarter from the final quarter of the preceding period. During the period of recession and subpar eco nomic expansion, considerable slack developed in labor and product markets. The firming of economic activity in the second half of last year produced modest increases in rates of resource utilization. Sus tained efforts by businesses to control costs led to further rapid gains in productivity. As a result, unit labor costs declined, and core rates of inflation con tinued to slow in 2003; excluding food and energy, the PCE chain-type price index increased just 0.9 per cent last year. Measures of overall inflation, which were boosted by movements in food and energy prices, were higher than those for core inflation. Domestic financial market conditions appeared to become increasingly supportive of economic growth last year. The economic expansion lowered investors’ perception of, and perhaps aversion to, risk, and continued disinflation was interpreted as a sign that 129 monetary policy would remain on hold, even as the economy picked up steam. Although yields on Trea sury coupon securities rose modestly on balance over the year, risk spreads on corporate debt narrowed to the point that yields on corporate issues declined. The low-interest-rate environment spurred considerable corporate bond issuance and generated a massive wave of mortgage refinancing activity by households. Equity markets began to rally when the uncertainty over the timing of military intervention in Iraq was resolved. The climb in stock prices continued for the rest of the year, driven by improving corporate earn ings reports and growing optimism about the pros pects for the economy. At the same time, with eco nomic conditions abroad improving and with concerns about the financing burden of the U.S. cur rent account deficit gaining increased attention in financial markets, the dollar fell appreciably on a trade-weighted basis. The H ousehold Sector Consumer Spending Early in 2003, consumer spending was still rising at about the same moderate pace as in 2001 and 2002. In the late spring and in the summer, however, house holds stepped up their spending sharply. As a result, in the second half of last year, real personal consump tion expenditures rose at an annual rate of 43 percent A after having increased at a rate of just under 3 percent in the first half. Although wage and salary earnings rose slowly during most of the year, the midyear reductions in tax rates and the advance of rebates to households eligible for child tax credits provided a substantial boost to after-tax income. In 2003, real disposable personal income increased 3lA percent, Change in PCE chain-type price index Change in real income and consumption Percent, annual rate □ Total ■ Excluding food and energy n ■ — II 1997 1999 2001 2003 N o t e . The data are for personal consumption expenditures (PCE). Disposable personal income Personal consumption expenditures 3 1997 1999 2001 2003 130 Federal Reserve Bulletin □ Spring 2004 Personal saving rate declines appears to have been tempered in part by their willingness to take advantage of the attractive pricing and financing environment for consumer goods. Real consumer expenditures for durable goods surged more than 11 percent in 2003. Sales of new motor vehicles remained brisk as many consumers responded to the low financing rates and various incentive deals that manufacturers offered throughout the year. Falling prices also made electronic equip ment attractive to consumers, and spending on home furnishings likely received a boost from the strength of home sales. Altogether, real outlays for furniture and household equipment jumped 13 V2 percent in 2003. In contrast, real consumer expenditures on non durable goods and on services continued to rise at a moderate pace, on balance, last year. Outlays for food and apparel increased a bit faster than in 2002, and the steady uptrend in spending for medical services was well maintained. However, consumers responded to the higher cost of energy by cutting back their real spending on gasoline, fuel oil, and natural gas and electricity services. Consumer confidence was shaken temporarily early in 2003 by concerns about the consequences of a war in Iraq, but it snapped back in the spring. Toward year-end, sentiment appeared to brighten more as households saw their current financial condi tions improve and gained confidence that business conditions would be better during the year ahead. Those positive views became more widely held in January, and the index of consumer sentiment pre pared by the Michigan Survey Research Center (SRC) reached its highest level in three years. Percent N o te . The data are quarterly and extend through 2003 :Q4. after having risen 3Vi percent in 2002. Low interest rates provided additional impetus to household spending by reducing borrowing costs for new pur chases of houses and durable goods; they also indirectly stimulated spending by facilitating an enor mous amount of mortgage refinancing. The personal saving rate has fluctuated within a fairly narrow range around 2 percent over the past three years. Although households continued to see the value of their homes appreciate over this period, they also were adjusting to the substantial drop in equity wealth that occurred after the peak in the stock market in 2000. By itself, a fall in the ratio of household wealth to income of the magnitude that households experienced between 2000 and 2002 might have triggered a noticeable increase in the personal saving rate. However, in this case, the ten dency for households to save more as their wealth Consumer sentiment Wealth-to-income ratio 1985 = 100 Ratio 1 966=100 4 1 ................ I 1983 1987 I I 1991 1 1995 I I 1999 I I N o t e . The data are quarterly and extend through 2003:Q3. The wealthto-income ratio is the ratio of household net worth to disposable personal income. 1 I 1 I I I 1 I. I M . 1. 2003 N o t e . The data are monthly and extend through January 2004. S o u r c e . University of Michigan Survey Research Center and ference Board. The Con Monetary Policy Report to the Congress Residential Investment Housing activity was robust for a second consecutive year in 2003. After having risen 7 percent in 2002, real expenditures on residential construction jumped more than 10 percent in 2003. These gains were fueled importantly by the lowest levels of mortgage interest rates in more than forty years, which, accord ing to the Michigan SRC’s survey of consumer senti ment, buoyed consumer attitudes toward homebuying throughout the year. The average rate on thirty-year fixed-rate mortgages dropped sharply during the first half of 2003 and reached a low of 5 lA percent in June. Although the thirty-year rate subsequently firmed somewhat, it remained below 6 percent, on average, in the second half of last year. Construction of new single-family homes acceler ated during 2003, and for the year as a whole, starts averaged 1.5 million units, an increase of 10 percent compared with the level in 2002. Sales of both new and existing single-family homes also picked up sharply further last year. The brisk demand for homes was accompanied by rapid increases in the average price paid for them. The average price paid for new homes rose 10 percent over the four quarters of 2003, and the average price of existing homes was up 73 percent over the same period. However, house /4 price inflation was lower after adjusting for shifts in the composition of transactions toward more expensive homes. The constant-quality price index for new homes, which eliminates the influence of changes in their amenities and their geographic distri bution, increased 43 percent over the four quarters /4 of 2003—down from an increase of 6 percent during 2002. The year-over-year increase in Freddie Mac’s index of the prices paid in repeat sales of existing homes stood at 5 V2 percent as of the third quarter of 131 2003, compared with a rise of IV a percent as of the third quarter of 2002. Starts in the multifamily sector totaled 350,000 units in 2003, a pace little changed from that of the past several years. Vacancy rates for these units rose and rents fell during the year, but falling mortgage rates apparently helped to maintain building activity. Household Finance Household debt increased 103 percent last year, in /4 large part because of the surge in mortgage borrow ing induced by record-low mortgage interest rates. Refinancing activity was torrid in the first half of the year, as mortgage rates declined. Some of the equity that households extracted from their homes during refinancings was apparently used to fund home improvements and to pay down higher-interest con sumer debt. When mortgage rates rebounded in the second half of the year, mortgage borrowing slowed from the extremely rapid clip of the first half, but it remained brisk through year-end. Consumer credit increased at a pace of 5'/* percent in 2003, a little faster than a year earlier, as revolving credit picked up somewhat from the slow rise recorded in 2002. Despite the pickup in household borrowing, low interest rates kept the household debt-service and financial-obligation ratios—which gauge pre committed expenditures relative to disposable income—at roughly the levels posted in 2002. Most measures of delinquencies on consumer loans and home mortgages changed little on net last year, and household bankruptcies held roughly steady near their elevated level in 2002. Mortgage rates Private housing starts Pr e t ec n Millions of units, annual rate — 7 — 5 — / — 9 — Fixed ra te ---- 3 1.6 Single-family — — — j — Multifamily __ ____ — A djustable rate^~—. 1.2 .8 4 1 i ............ ..............I .. ..................... 2000 l i i 1991 1 1 1993 1 1 1995 1 1 1997 1 1 1999 1 1 2001 N o t e . The data are quarterly and extend through 2003:Q4. 1 I 2003 1 2001 1........................ 1 ,, 2002 i , , i ,, 11 . 1,, i, 2003 1 2004 Note. The data, which are monthly and extend through January 2004, are contract rates on thirty-year mortgages. Source. Federal Home Loan Mortgage Corporation. 132 Federal Reserve Bulletin □ Spring 2004 Delinquency rates on selected types of household loans Change in real business fixed investment Percent, annual rate □ Structures ■ Equipment and software 20 10 rl J I n J . ij 10 20 1991 1993 1995 1997 1999 2001 2003 Note. The d areq arterly The ra s for c d cardpools an m ata u . te re it d ortgages ex dth u 2003:Q3; th ra for au lo s exten s th u 2003:Q4. ten ro gh e te to an d ro gh D High-tech equipment and software ■ Other equipment excluding transportation 40 S o u r c e . For mortgages, the Mortgage Bankers Association; for auto loans, the Big Three automakers; for credit cards, Moody’s Investors Service. Even with the rapid expansion in debt, net worth of the household sector increased as the value of house hold assets rose noticeably. Stock prices were boosted by the rise in corporate earnings and the ebbing of uncertainty about future economic growth. House holds directed substantial flows into stock mutual funds in the third and fourth quarters despite highly publicized scandals in the mutual fund industry. Although the companies directly implicated in wrongdoing experienced heavy outflows from their funds, most of these withdrawals apparently were transferred to other mutual funds with little effect on the industry as a whole. A considerable rise in real estate wealth further augmented household assets. Although prices of existing homes climbed more slowly than they had in the previous year, the rate of increase remained sizable. Overall, the advance in the value of household assets outstripped the accumula tion of household debt by enough to boost the ratio of net worth to disposable income over the year. The Business Sector Fixed Investment Business spending on equipment and software was still sluggish at the beginning of 2003. However, it accelerated noticeably over the course of the year as profits and cash flow rebounded and as businesses gained confidence in the strength of the economic expansion and in the prospective payoffs from new investment. At the same time, business financing conditions were very favorable: Interest rates remained low, equity values rallied, and the enhanced 1997 1998 1999 2000 2001 2002 2003___________ N o t e . High-tech equipment consists of computers and peripheral equip ment, software, and communications equipment. partial-expensing tax provision gave a special incen tive for the purchase of new equipment and soft ware. After having changed little in the first quarter of the year, real outlays for equipment and software increased at an annual rate of 11% percent over the remaining three quarters of the year. Outlays for high-technology items—computers and peripherals, software, and communications equipment—which had risen a moderate 4 V2 percent in 2002, posted a significantly more robust increase of more than 20 percent in 2003. That gain contrib uted importantly to the pickup in overall business outlays for equipment and software and pushed the level of real high-tech outlays above the previous peak at the end of 2000. The increase in spending last year on computing equipment marked the sharpest gain since 1998, and investment in communications equipment, which had continued to contract in 2002 after having plummeted a year earlier, turned up markedly. In contrast, the recovery in spending on non-hightech equipment was, on balance, more muted, in part because outlays for transportation equipment con tinued to fall. The prolonged slump in business pur Monetary Policy Report to the Congress chases of new aircraft continued in 2003 as domestic air carriers grappled with overcapacity and high fixed costs. By the fourth quarter, real outlays for aircraft had dropped to their lowest level in ten years. In the market for heavy (class 8) trucks, sales were quite slow in early 2003 when businesses were concerned about the performance of models with engines that met new emission standards. But as potential buyers overcame those concerns, sales recovered. By the fourth quarter of 2003, sales of medium and heavy trucks had moved noticeably above the slow pace of 2001 and 2002. Apart from outlays for transportation equipment, investment in other types of non-hightech equipment was, on balance, little changed during the first half of the year. Demand was strong for medical equipment, instruments, and mining and oil field machinery, but sales of industrial equipment and farm and construction machinery were sluggish. In the second half of the year, however, the firming in business spending for non-high-tech items became more broadly based. The steep downturn in nonresidential construction that began in 2001 moderated noticeably in 2003, although market conditions generally remained weak. After having contracted at an average annual rate of 13 V2 percent during 2001 and 2002, real expenditures for nonresidential construction slipped just VA per cent, on balance, during 2003. Spending on office buildings and manufacturing structures, which had dropped sharply over the preceding two years, fell again in 2003. The high office vacancy rates in many areas and low rates of factory utilization implied little need for new construction in these sectors even as economic activity firmed. Investment in communica tions infrastructure, where a glut of long-haul fiber optic cable had developed earlier, also continued to shrink. In contrast, outlays for retail facilities, such as department stores and shopping malls, turned up last year, and the retrenchment in construction of new hotels and motels ended. In addition, investment in drilling and mining structures, which is strongly influenced by the price levels for crude oil and natu ral gas, increased noticeably in 2003. Inventory Investment During 2002, businesses appeared to have addressed most of the inventory imbalances that had developed a year earlier. But the moderate pace of final demand during the first half of 2003 apparently restrained firms from embarking on a new round of inventory accumulation. Even though final sales picked up in the second half of the year, the restraint seemed to 133 Change in real business inventories Billions of chained (2000) dollars, annual rate ---- 50 — 1997 1999 2001 75 2003 recede only gradually. Over the first three quarters of 2003, nonfarm businesses trimmed their inventories at an average annual rate of $2% billion in constantdollar terms, and the preliminary estimate for the final quarter of the year indicated only modest restocking. As a result, most firms appear to have ended the year with their inventories quite lean rela tive to sales, even after taking into account the down ward trend in inventory-sales ratios that has accom panied the ongoing shift to improved inventory management. Motor vehicle dealers were an excep tion; their days’ supply of new vehicles moved higher on average for a second year in a row. Corporate Profits and Business Finance Higher profits allowed many firms to finance capital spending with internal funds, and business debt rose only slightly faster than the depressed rate in 2002. Moreover, a paucity of cash-financed merger and acquisition activity further limited the need to issue debt. Gross equity issuance was extremely weak in the first half of the year but perked up in the latter half in response to the rally in equity prices. Never theless, for the year as a whole, firms extinguished more equity than they issued. The pace of gross corporate bond issuance was moderate at the start of the year but shot up in late spring as firms took advantage of low bond yields to pay down short-term debt, to refund existing long term debt, and to raise cash in anticipation of future spending. Bond issuance by investment-grade firms slowed after midyear as firms accumulated a sub stantial cushion of liquid assets and as interest rates on higher-quality debt backed up. However, issuance by speculative-grade firms continued apace, with the 134 Federal Reserve Bulletin □ Spring 2004 Financing gap and net equity retirement at nonfinancal corporations Before-tax profits of nonfinancial corporations as a percent of sector GDP Billions of dollars Percent 300 Net equity retirement 150 1991 N o t e . The data are quarterly and extend through 2003:Q3. Profits are from domestic operations of nonfinancial corporations, with inventory valuation and capital consumption adjustments. yields on their debt continuing to decline dramati cally presumably because of investors’ increased optimism about the economic outlook and greater willingness to take on risk. The sum of bank loans and commercial paper outstanding, which represent the major components of short-term business debt, contracted throughout the year. In large part, this decline reflected ongoing substitution toward bond financing, but it also was driven by the softness of fixed investment early in the year and the liquidation of inventories over much of the year. Respondents to the Senior Loan Officer Opinion Survey on Bank Lending Practices noted that terms and standards on business loans were tightened dur ing the first half of the year but that both had been 1993 1995 1997 1999 2001 2003 N ote. The data are annual; 2003 is based on partially estimated data. The financing gap is the difference between capital expenditures and internally generated funds. Net equity retirement is the difference between equity retired through share repurchases, domestic cash-financed mergers, or foreign takeovers of U.S. firms and equity issued in public or private markets, including funds invested by venture capital partnerships. eased considerably by year-end. They also reported that demand for business loans was quite weak for much of the year. However, despite the fact that outstanding levels of business loans continued to decline, survey responses in the last quarter of the year indicated that demand for loans had begun to stabilize. Many banks cited customers’ increased investment and inventory spending as factors helping to generate the increase in loan demand toward the end of the year. The apparent divergence between survey responses and data on actual loan volumes may suggest that demand for lines of credit has increased but that these lines have not yet been Corporate bond yields Major components of net business financing Percent Billions of dollars □ Commercial paper □ Bonds ■ Bank loans N o t e . The data are monthly averages and extend through January 2004. The AA rate is calculated from bonds in the Merrill Lynch AA index with a remaining maturity of seven to ten years. The high-yield rate is the yield on the Merrill Lynch 175 high-yield index. Sum of major components N o t e . Seasonally adjusted annual rate for nonfinancial corporate business. The data for the sum of major components are quarterly. The data for 2003:Q4 are estimated. Monetary Policy Report to the Congress 135 Ratings changes of nonfinancial corporate bonds Spread of low-tier CP rates over high-tier CP rates Percent Basis points Upgrades ---- 150 1I I I I I I I I I I l l l I l l l I l I I I I 1 l I l I l I l I i 1997 1998 1999 2000 2001 2002 2003 2004 N ote. The data are daily and extend through February 4, 2004. The series shown is the difference between the rate on A2/P2 nonfinancial commercial paper and the AA rate. drawn. In other short-term financing developments, nonfinancial firms that issued commercial paper in 2003 found a very receptive market, in large part because of the scarcity of outstanding issues. Many of the riskiest borrowers had exited the market in 2002, and remaining issuers improved their attrac tiveness to investors by continuing to restructure their balance sheets. Gross equity issuance rose over the course of 2003 as the economic outlook strengthened and stock prices moved higher. The market for initial public offerings continued to languish in the first half of the year but showed signs of life by the end of the summer. The volume of seasoned offerings also Default rate on outstanding bonds Percent 1995 1996 1997 1998 1999 2000 2001 2002 2003 N ote. For a given year, the percentage is calculated as the par value of bonds that were upgraded or downgraded in that year and outstanding in the fourth quarter of the previous year divided by the par value of the outstanding bonds of all nonfinancial corporations in that quarter. Source. Moody’s Investors Service. picked up in the second half of the year. On the other side of the ledger, merger and acquisition activity again extinguished shares in 2003, although only at a subdued pace. In addition, firms continued to retire a considerable volume of equity through share repur chases. For the year as a whole, net equity issuance was negative. Corporate credit quality improved, on balance, over the year. Notably, the default rate on corporate bonds declined sharply, delinquency rates on com mercial and industrial (C&I) loans at commercial banks turned down, and the pace of bond-rating downgrades slowed considerably. Low interest rates and the resulting restructuring of debt obligations toward longer terms also importantly contributed to Net interest payments of nonfinancial corporations as a percent of cash flow Percent N ote. The default rate is monthly and extends through December 2003. The rate for a given month is the face value o f bonds that defaulted in the twelve months ending in that month divided by the face value o f all bonds outstanding at the end o f the calendar quarter immediately preceding the twelve-month period. Source. Moody’s Investors Service. 1979 1982 1985 1988 1991 1994 1997 2 000 N ote. The data are quarterly and extend through 2003:Q3. S ource. Bureau o f Economic Analysis. 2003 136 Federal Reserve Bulletin □ Spring 2004 improved business credit quality. Bank loan officers noted that the aggressive tightening of lending stan dards in earlier years was an important factor accounting for the lower delinquency and charge-off rates in recent quarters. Commercial mortgage debt increased noticeably during most of 2003 despite persistently high vacancy rates, falling rents, and sluggish growth in construc tion expenditures. Low interest rates on this type of collateralized debt may have induced some corporate borrowers to tap the market to pay down more-costly unsecured debt. Delinquency rates on commercial mortgages generally remained low throughout 2003, and risk spreads were relatively narrow. Loan perfor mance has held up well because of low carrying costs for property owners and because the outstanding loans generally had been structured to include a siz able equity contribution, which makes default less attractive to borrowers. The Government Sector Federal Government The federal budget deficit continued to widen in fiscal year 2003 as a result of the slow increase in nominal incomes, outlays associated with the war in Iraq, and legislative actions that reduced taxes and boosted spending. The deficit in the unified budget totaled $375 billion, up substantially from the deficit of $158 billion recorded in fiscal 2002. The Congres sional Budget Office is projecting that the unified federal deficit will increase further in fiscal 2004, to more than $475 billion. Federal receipts have fallen in each of the past three years; the drop of nearly 4 percent in fiscal 2003 brought the ratio of receipts to GDP to 16 Vi per cent, 2 percentage points below the average for the past thirty years. About half of the decrease in receipts last year was a consequence of legislation that shifted due dates for corporate payments between fiscal years. In addition, personal income tax collec tions dropped sharply because of the slow rise in nominal wages and salaries, diminished capital gains realizations in 2002, and the tax cuts enacted under the Jobs and Growth Tax Relief Reconciliation Act of 2003. The act advanced refund checks to households eligible for the 2003 increment to the child tax credit and resulted in lower withholding schedules for indi vidual taxpayers. The act also expanded the partialexpensing incentive for businesses, but because cor porate profits accelerated sharply last year, corporate Federal receipts and expenditures Percent of nominal GDP Note. The budget data are from the unified budget and are for fiscal years (October through September); GDP is for the year ending in Q3. tax receipts rose appreciably after adjusting for the shifts in the timing of payments. At the same time, federal outlays other than for interest expense rose rapidly for the second consecu tive year in fiscal 2003; these outlays increased about 9 percent after having risen 11 percent in fiscal 2002. Spurred by operations in Iraq, defense spending soared again, and outlays for homeland security rose further. Spending for income support, such as unem ployment insurance, food stamps, and child credits under the earned income tax credit program, also posted a sizable increase. The ongoing rise in the cost and utilization of medical services continued to push up spending for Medicare and Medicaid. Overall, real federal consumption and investment (the measure of federal spending that is included in real GDP) increased 6 percent over the four quarters of 2003, after having risen 10 percent a year earlier. Change in real government expenditures on consumption and investment Monetary Policy Report to the Congress 137 Federal government debt held by the public Net national saving Percent of nominal GDP Percent o f nominal GDP Federal saving 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 1963 1973 1983 1993 2003 N ote . The data are quarterly and extend through 2003:Q3. Nonfederal saving is the sum o f personal and net business saving and the net saving of state and local governments. N ote. Through 2002, the data for debt are year-end figures, and the corresponding value for GDP is for Q4 at an annual rate; the final observation is for 2003:Q3. Excludes securities held as investments of federal gov ernment accounts. The federal government had contributed increas ingly to national saving in the late 1990s and 2000 as budget deficits gave way to accumulating sur pluses. However, with the swing back to large deficits in recent years, the federal government has again become a drain on national saving. Using the accounting practices followed in the national income and product accounts (NIPA), gross federal saving as a percent of GDP dropped sharply in late 2001 and has trended down since then; the drop contributed to a decline in overall gross national saving as a percent of GDP from 18 percent in calendar year 2000 to 13 percent, on average, in the first three quarters of 2003. Federal saving net of estimated depreciation fell from its recent peak of 2Vi percent of GDP in 2000 to negative 4 percent of GDP, on average, in the first three quarters of 2003. As a result, despite a noticeable pickup in saving from domestic nonfed eral sources, overall net national saving, which is an important determinant of private capital formation, fell to less than IV2 percent of GDP, on average, in the first three quarters of 2003, compared with a recent high of 6 V2 percent of GDP in 1998. became a constraint, but debt markets were not dis rupted noticeably. In May, the Congress raised the debt ceiling from $6.4 trillion to $7.4 trillion. With large deficits expected to persist, the Treasury made a number of adjustments to its regular borrowing pro gram, including reintroducing the three-year note, increasing to monthly the frequency of five-year note auctions, reopening the ten-year note in the month following each new quarterly offering, and adding another auction of ten-year inflation-indexed debt. As a result of these changes, the average maturity of outstanding Treasury debt, which had reached its lowest level in decades, began to rise in the latter half of 2003. Federal Borrowing The Treasury ramped up borrowing in 2003 in response to the sharply widening federal budget defi cit, and federal debt held by the public as a percent of nominal GDP increased for a second year in a row after having trended down over the previous decade. As had been the case in 2002, the Treasury was forced to resort temporarily to accounting devices in the spring of 2003 when the statutory debt ceiling State and Local Governments State and local governments faced another difficult year in 2003. Tax receipts on income and sales con tinued to be restrained by the subdued performance of the economy. Despite further efforts to rein in spending, the sector’s aggregate net saving, as mea sured in the NIPA, reached a low of negative $40 bil lion (at an annual rate), or negative 0.4 percent of GDP, in the first quarter of the year. Most of these jurisdictions are subject to balanced-budget require ments and other rules that require them to respond to fiscal imbalances. Thus, in addition to reducing oper ating expenses, governments drew on reserves, issued bonds, sold assets, and made various one-time adjust ments in the timing of payments to balance their books. In recent years, many have also increased taxes and fees, thereby reversing the trend toward lower taxes that prevailed during the late 1990s. 138 Federal Reserve Bulletin □ Spring 2004 State and local government net saving U.S. trade and current account balances Percent o f GDP Billions o f dollars, annual rate + 0 Y /v : v V S I \r \ 1 — . 5 i i i i i i 1983 t 1 I ! I I 1987 1 1 1 1 I I 1991 1995 1 1 1 1 1 1 I I 1999 1 2003 N ote. The data, which are quarterly, are on a national income and product account basis and extend through 2003:Q3. Recent indications are that the fiscal stress in this sector is beginning to ease. The improvement reflects a noticeable upturn in tax collections in recent quar ters while restraint on operating expenditures largely remains in place. On a NIPA basis, real spending on compensation and on goods and services purchased by state and local governments was little changed in the second half of 2003, as it was over the preceding year. However, investment in infrastructure, most of which is funded in the capital markets, accelerated in the second half of 2003. As of the third quarter of 2003, state and local net saving had moved back into positive territory. State and Local Government Borrowing Gross issuance of debt by state and local govern ments was quite robust last year. Weak tax receipts from a sluggish economy, significant demands for infrastructure spending, and low interest rates all contributed to the heavy pace of borrowing. Borrow ing was strongest in the second quarter of the year, as governments took advantage of the extraordinarily low longer-term rates to fund capital expenditures and to advance refund existing higher-cost debt. Because of the financial stresses facing these govern ments, the credit ratings of several states, most nota bly California, were lowered last year. Although bond downgrades outnumbered upgrades for the sector as a whole, the imbalance between the two was smaller than it was in 2002. period in 2002, a move largely reflecting develop ments in the deficit on trade in goods and services. Net investment income rose over the same period, as receipts from abroad increased and payments to for eign investors in the United States declined. International Trade The trade deficit widened considerably in the first half of 2003 but narrowed slightly in the third quar ter, as the value of exports rebounded in response to strengthening foreign economic activity and the depreciation of the dollar. Available trade data through November suggest that the trade deficit nar rowed further in the fourth quarter, as an additional strong increase in exports outweighed an increase in imports. Real exports of goods and services increased about 6 percent in 2003. Exports of services rose about Change in real imports and exports of goods and services Percent, annual rate □ I Imports Exports 20 The External Sector Over the first three quarters of 2003, the U.S. current account deficit widened relative to the comparable ____ 1____ I ____ 1 _ _ _____ I ____ 1____ I ____ 1__ I _ _ _ _ 1997 1999 2001 2003 Monetary Policy Report to the Congress 5 percent. They were held down early in the year by a drop in receipts from foreign travelers, owing to the effects of the SARS (severe acute respiratory syn drome) epidemic and the war in Iraq; services exports rebounded strongly later in the year as those concerns receded. Exports of goods rose about 63 percent /4 over the course of the year—considerably faster than in 2002. Exports increased in all major end-use cate gories of trade, with particularly strong gains in capi tal goods and consumer goods. Reflecting the global recovery in the high-tech sector, exports of comput ers and semiconductors picked up markedly in 2003, particularly in the second half. By geographic area, exports of goods increased to Western Europe, Canada, and, particularly, to developing countries in East Asia—a region where economic activity expanded at a rapid pace last year. Prices of exported goods rose in 2003, with prices of agricultural exports recording particularly large increases. In response to poor crops and strong demand, prices for cotton and soybeans increased sharply. For beef, disruptions in supply led to notably higher prices through much of 2003. Beef prices, however, fell back in late December after a case of mad cow disease was discovered in the state of Washington and most countries imposed bans on beef imports from the United States. Real imports of goods and services rose about V h percent in 2003. Imports of services fell in the first half of the year but bounced back in the second half, as concerns about the SARS epidemic and the war in Iraq came and went; for the year as a whole, real imports of services were about unchanged from the previous year. Real imports of goods expanded about 4 percent in response to the strengthening of U.S. demand, but the pattern was choppy, with large gains in the second and fourth quarters partially offset by declines in the first and third. Despite a surge in the second quarter, the volume of oil imports increased modestly, on balance, over the course of the year. Real non-oil imports were up about 4!/2 per cent, with the largest increases in capital goods and consumer goods. Imports of computers posted solid gains, whereas imports of semiconductors were flat. Despite a substantial decline in the value of the dollar, the prices of imported non-oil goods rose only moderately in 2003. By category, the prices of con sumer goods were unchanged last year, and prices of capital goods excluding aircraft, computers, and semiconductors increased only a little more than 1 percent. Price increases were larger for industrial supplies. The price of imported natural gas spiked in March and rose again late in the year; these fluctua tions were large enough to show through to the 139 Prices of oil and of nonfuel commodities Dollars per barrel J a n u a ry 2001 = 100 ----- Q rt 110 — _ \y " V ^ 1 0 0 ---------V _ 90 — j — y NonfuelX V -' / 40 — 3 0 — 20 — 120 ----- 10 1 . 1 . . i , . ............... 1 ■ . t i i i , . i i • 1 , , ....................... 1 . . 1 , 1 2001 2002 2003 2004 Note. The data are monthly and extend through January 2004. The oil price is the spot price of West Texas intermediate crude oil. The price of nonfuel commodities is a weighted average of thirty-nine primary-commodity prices from the International Monetary Fund. overall price index for imported goods. At year-end, prices of industrial metals rose sharply, with the spot price of copper reaching the highest level in six and one-half years. The strength in metals and other commodity prices has been attributed, at least in part, to depreciation of the dollar and strong global demand, particularly from China. In 2003, the spot price of West Texas intermediate (WTI) crude oil averaged more than $31 per barrel— the highest annual average since the early 1980s. The spot price of oil began to rise at the end of 2002 when ethnic unrest in Nigeria and a nationwide strike in Venezuela sharply limited oil supplies from those two countries. In the first quarter of 2003, geopoliti cal uncertainty in the period leading up to the war in Iraq also added upward pressure on oil prices. On March 12, the spot price of WTI closed at $37.83 per barrel, the highest level since the Gulf War in 1990. When the main Iraqi oil fields had been secured and it became apparent that the risks to oil supplies had subsided, the spot price of WTI fell sharply to a low of $25.23 per barrel on April 29. However, oil prices began rising again when, because of difficult security conditions, the recovery of oil exports from Iraq was slower than expected. Prices also were boosted in September by the surprise reduction in OPEC’s pro duction target. In the fourth quarter of 2003 and early 2004, strengthening economic activity, falling oil inventories, and the continued depreciation of the dollar contributed to a further run-up in oil prices. The Financial Account The financing counterpart to the current account defi cit experienced a sizable shift in 2003, as net private 140 Federal Reserve Bulletin □ Spring 2004 U.S. net financial inflows Billions of dollars 0 Official ■ Private 175 150 125 100 75 50 25 + 0 25 2001 2000 2002 2003 Source. Department of Commerce. inflows fell while foreign official inflows increased. Private foreign purchases of U.S. securities were at an annual rate of about $350 billion through November, about $50 billion lower than in the previous year. Private foreign purchases of U.S. equities continued to recede, and, although the level of bond purchases was little changed in the aggregate, foreign purchases U.S. net international securities transactions Billions of dollars — ------------------------ N et priva te fo re ig n purchases o f U.S. securities □ Bonds ■ Equities shifted somewhat away from agency bonds and toward corporate bonds. Over the same period, pur chases by private U.S. investors of foreign securities increased nearly $80 billion. Accordingly, net inflows through private securities transactions decreased markedly. In contrast, foreign official purchases of U.S. assets surged to record levels in 2003, with the accumulation of dollar reserves particularly high in China and Japan. Compared with the pace in 2002, foreign direct investment in the United States increased, as merger activity picked up and corporate profits improved. U.S. direct investment abroad held relatively steady at a high level that was largely the result of continued retained earnings. On net, foreign direct investment outflows fell about $50 billion through the first three quarters of 2003. The Labor M arket Employment and Unemployment With economic activity still sluggish during the first half of 2003, the labor market continued to weaken. Over the first eight months of the year, private non farm payroll employment fell, on average, more than 35,000 per month, extending the prolonged period of cutbacks that began in early 2001. The civilian unem ployment rate, which had hovered around 5 3/ 4 percent for much of 2002, moved up to 6Va percent by June. However, by late in the summer, the labor market began to recover slowly. Declines in private payrolls gave way to moderate increases in employment; over the five months ending in January, private nonfarm establishments added, on average, about 85,000 jobs per month. By January, the unemployment rate moved back down to 5.6 percent. Net change in payroll employment Thousands o f jobs, monthly average N et p rivate U.S. purchases o f foreign securities — □ Bonds ■ Equities 75 P rivate nonfarm 300 50 200 25 100 100 25 j __ i__ i__ I__ i__ i___i__ L 2001 2000 200 J ----- i-----1----L 2002 2003 _ u Source. Department of Commerce and the Federal Reserve Board. I 1992 1994 I 1996 I 1998 2 000 2002 2004 Monetary Policy Report to the Congress 141 weak. Manufacturers of nondurables, such as chemi cals, paper, apparel, and textiles, continued to cut jobs. Employment in retail trade remained, on net, little changed. Productivity and Labor Costs 11 I I I I I I I 1 i 1 l 1 1 I I I I I l I I I I I I I I I 11 l t I 1 1 1 1974 1984 1994 2004 N ote. The data are monthly and extend through January 2004. During the late summer and early fall, prospects for business sales and production brightened, and firms began to lay off fewer workers. Initial claims for unemployment insurance dropped back, and the monthly Current Population Survey (CPS) of house holds reported a decline in the number of workers who had lost their last job. However, for many unem ployed workers, jobs continued to be difficult to find, and the number of unemployed who had been out of work for twenty-seven weeks or more remained persistently high. The labor force participation rate, which tends to be sensitive to workers’ perceptions of the strength of labor demand, drifted lower. Although the CPS indicated a somewhat greater improvement in employment than the payroll report—even after adjusting for conceptual differences between the two measures—the increase in household employment lagged the rise in the working-age population, and the ratio of employment to population fell further during 2003. The modest upturn in private payroll employment that began in September was marked by a step-up in hiring at businesses supplying professional, business, and education services, and medical services contin ued to add jobs. Employment in both the construction industry and the real estate industry rose further, although the number of jobs in related financial ser vices dropped back a bit as mortgage refinancing activity slackened. At the same time, although manu facturers were still laying off workers, the monthly declines in factory employment became smaller and less widespread than earlier. Employment stabilized in many industries that produce durable goods, such as metals, furniture, and wood products, as well as in a number of related industries that store and transport goods. In several other areas, employment remained Business efforts to increase efficiency and control costs led to another impressive gain in labor produc tivity last year. Output per hour in the nonfarm busi ness sector surged 5lA percent in 2003 after having risen a robust 4 percent in 2002 and 23 percent A in 2001. What is particularly remarkable about this period is that productivity did not decelerate signifi cantly when output declined in 2001, and it posted persistently strong gains while the recovery in aggre gate demand was sluggish. Typically, the outsized increases in productivity that have occurred during cyclical recoveries have followed a period of declines or very weak increases in productivity during the recession and have been associated with rebounds in economic activity that were stronger than has been the case, until recently, in this expansion. On balance, since the business cycle peak in early 2001, output per hour has risen at an average annual rate of 4 percent—noticeably above the average increase of 2Vi percent that prevailed between 1996 and 2000. In the earlier period, an expansion of the capital stock was an important element in boosting the efficiency of workers and their firms; that impetus to productivity has weakened in the recent period as a result of the steep cutbacks in business investment in 2001 and 2002. Instead, the recent gains appear to be grounded in organizational changes and innovations in the use of existing resources—which are referred to as multifactor productivity. The persistence of a Change in output per hour N o t e . Nonfarm business sector. 142 Federal Reserve Bulletin □ Spring 2004 Measures of change in hourly compensation Percent plans to cover the declines in the market value of plan assets. Prices Nonfarm compensation per hour \ — — \ —" — 1 1 / \ 1 1 1 1995 f: 1997 1... . 'l 1999 4 — r Employment cost index V 6 \J 1 2001 — 2 1 2003 N ote . The data are quarterly and extend through 2003 :Q4. For nonfarm compensation, change is over four quarters; for the employment cost index (ECI), change is over the twelve months ending in the last month of each quarter. Nonfarm compensation is for the nonfarm business sector; the ECI is for private industry excluding farm and household workers. rapid rise in multifactor productivity in recent years, along with signs of a pickup in capital spending, suggests that part of the step-up in the rate of increase of labor productivity may be sustained for some time. In 2003, the employment cost index (ECI) for private nonfarm businesses, which is based on a survey conducted quarterly by the Bureau of Labor Statistics, rose 4 percent—about 3 percentage point /4 more than the increase in 2002. Compensation per hour in the nonfarm business sector, which is based on data constructed for the NIPA, is estimated to have increased 3lA percent in 2003, up from V/i percent in 2002. In recent years, the NIPA-derived series has shown much wider fluctuations in hourly compensa tion than the ECI, in part because it includes the value of stock option exercises, which are excluded from the ECI. The value of options exercised shot up in 2000 and then dropped over the next two years. Most of the acceleration in hourly compensation in 2003 was the result of larger increases in the costs of employee benefits. The ECI for wages and salaries rose 3 percent—up slightly from the pace in 2002 but still well below the rates of increase in the preceding six years. Wage gains last year likely were restrained by persistent slack in the demand for labor as well as by the pressure on employers to control overall labor costs in the face of the rapidly rising cost of benefits. A Employer costs for benefits, which had risen 43 per cent in 2002, climbed another 6 V2 percent in 2003. The cost of health insurance as measured by the ECI has been moving up at close to a double-digit rate for three consecutive years. In addition, in late 2002 and early 2003, employers needed to substantially boost their contributions to defined-benefit retirement Headline consumer price inflation in 2003 was main tained by an acceleration in food prices and another sizable increase in energy prices, but core rates of inflation fell for a second year. Although the strong upturn in economic activity in the second half of last year began to reduce unemployment and to boost industrial utilization rates, considerable slack in labor and product markets continued to restrain inflation throughout the year. A further moderation in the costs of production also helped to check inflation: As a result of another rapid rise in productivity, businesses saw their unit labor costs decline in 2003 for a second consecutive year. In contrast, prices for imported goods excluding petroleum, computers, and semicon ductors increased at about the same rate as prices more generally; between 1996 and 2002, these import prices fell relative to overall prices for personal con sumption expenditures (PCE). The chain-type price index for PCE excluding food and energy rose just under 1 percent in 2003, about 3 percentage point /4 less than in 2002. A broader measure of inflation, the chain-type price index for GDP, increased IV2 per cent in 2003, the same slow pace as in 2002. Both measures of inflation were roughly a percentage point lower than in 2001. Consumer energy prices fluctuated widely over the four quarters of 2003, and the PCE index for energy was up 1 V4 percent over the period. In the first quarter of the year, the combination of a further rise in the cost of crude oil, increased wholesale margins for gasoline, and unusually tight supplies of natural Change in unit labor costs — - Monetary Policy Report to the Congress Change in consumer prices Percent Q Consumer price index ■ Chain-type price index for PCE — 4 gas pushed up consumer energy prices sharply. Although the prices of petroleum-based products turned down when the price of crude oil fell back in March, a number of supply disruptions in late sum mer resulted in another temporary run-up in the retail price of gasoline. In the spring, the price of natural gas began to ease as supplies improved, but it remained high relative to the level in recent years. Electricity prices also moved up during 2003, in part because of the higher input costs of natural gas. In January 2004, a cold wave in the Northeast, together with the rise in the price of crude oil since early December, once again led to spikes in the prices of gasoline and natural gas. The PCE price index for food and beverages increased 23 percent in 2003 after having risen just A VA percent a year earlier. Much of the acceleration can be traced to strong demand for farm products, but prices paid by consumers for food away from home— which depend much more heavily on the cost of labor Change in consumer prices excluding food and energy I 1 1993 I I 1995 I __ I __ I __ I __ I __ I __ I __ I __ L_J _ _ _ _ _ _ _ _ 1997 1999 2001 2003 N ote. Change is over four quarters, and the data extend through 2003 :Q4. 143 than on prices of food products—were up 3 percent in 2003, also somewhat more than overall consumer price inflation. Poor harvests abroad, especially in Europe, contributed importantly to the heightened demand for U.S. farm products. Thus, despite a bumper crop of corn and some other grains in the United States, world stocks were tight and prices remained high. In addition, the U.S. soybean crop was crimped by late-season heat and dryness, which further tightened world supplies. Concerns about the cases of mad cow disease that were identified in herds in Japan and Canada supported strong domestic and export demand for U.S. beef for most of last year while supplies edged down. But, at year-end, when a case of mad cow disease was discovered in a domes tic herd, export demand for US. beef plunged and drove the price of live cattle down sharply. A portion of the drop in cattle prices likely will show through to consumer prices for beef early this year. The decline in core inflation in 2003 was broadly based. Prices of core consumer goods fell somewhat faster than a year earlier; the declines were led by larger cuts in prices of apparel, motor vehicles, electronic equipment, and a variety of other durable goods. At the same time, prices of non-energy ser vices rose less rapidly. The deceleration in core con sumer prices measured by the CPI is somewhat greater than that measured by the PCE index. In each index, the costs of housing services to tenants and owners rose less in 2003 than in 2002, but because these costs receive a larger weight in the CPI, their slowing contributed a greater amount to the CPI’s deceleration. In addition, the different measurement of the prices of medical services in the two series contributed to the smaller deceleration in non-energy services in the PCE. The medical services component of the CPI, which measures out-of-pocket expenses paid by consumers, increased 4 percent in 2003, down from 5l/z percent a year earlier. Alternatively, the PCE for medical services is a broader measure that uses producer price indexes (PPI) to capture the costs of services provided by hospitals and doctors; it continued to increase more slowly than the CPI for medical services last year, 3 lA percent, but it was up slightly from its increase of 2 Vi percent in 2002. Survey measures of expected inflation were little changed, on balance, in 2003. According to the Fed eral Reserve Bank of Philadelphia’s survey of pro fessional forecasters, expectations for CPI inflation / ten years ahead remained at 2xi percent last year. As measured by the Michigan Survey Research Center survey of households, median five- to ten-year infla tion expectations, which averaged 3 percent in 2001, were steady at 23 percent in 2003 for a second A 144 Federal Reserve Bulletin □ Spring 2004 Alternative measures of price change P rc n e et Price measure 2001 2002 2003 Chain-type Gross domestic product ........................ Gross domestic purchases ..................... Personal consumption expenditures . . . Excluding food and energy............... Chained CPI ........................................... Excluding food and energy............... 2.4 1.6 1.6 2.1 1.5 2.1 1.4 1.7 1.8 1.6 1.8 1.6 1.5 1.6 1.4 .9 1.4 .6 Fixed-weight Consumer price in d ex............................ Excluding food and energy............... 1.8 2.7 2.2 2.1 1.9 1.2 Note. C an a based o q arterly av h ges re n u erages an a m red to th d re easu e fo rthq a rof th y in ic te fromth fo rthq a r of th p u u rte e ear d a d e u u rte e reced g y a in e r. consecutive year. Inflation compensation as measured by the spread between the yield on nominal Treasury securities and their indexed counterparts varied over a wide range in 2003, settling at just under 2Vi per cent at year-end. Shorter-term inflation expectations also posted some wide swings during 2003; yearahead expectations in the Michigan SRC survey spiked early in the year with the sharp increase in energy prices and dipped briefly to an unusually low level at midyear as actual inflation eased in response to lower energy prices. However, year-ahead inflation expectations settled back to just over 2Vi percent at the end of the year, about the same as at the end of . 2002 The PPI for crude materials excluding food and energy products, which had dropped 10 percent in 2001, rose 11% percent in 2002 and another \7Vi per cent in 2003. The upswing was driven by the pickup in demand associated with the acceleration in both domestic and worldwide industrial activity and by the pass-through of higher energy costs. Such wide cycli cal swings in commodity prices have only a small effect on movements in the prices of intermediate and finished goods. At later stages of production and distribution, commodity costs represent only a small share of overall costs, and some portion of the change in commodity prices tends to be absorbed in firms’ profit margins. Thus, the recent pickup in prices at the intermediate stage of processing has been more muted; after having fallen almost IV2 percent in 2001, the PPI for core intermediate materials rose IV4 percent in 2002 and 2 percent in 2003. U.S. Financial M arkets On balance, financial market conditions became increasingly supportive of growth over 2003 as inves tors became more assured that the economy was on solid footing. Equity prices marched up after the first quarter of the year in response to the initiation and swift conclusion of major combat operations in Iraq, positive earnings reports, and—in the second half of the year—a stronger pace of economic growth. Risk spreads on corporate debt declined, with the spreads on the debt of both investment-grade firms and speculative-grade firms ending 2003 at their lowest levels since 1998. Thus, although Treasury coupon yields ended the year 30-40 basis points higher, yields on many corporate bonds ended the year lower. Commercial banks appeared somewhat slower than bond investors to lend at more favorable terms; nevertheless, by late in the year, banks had eased both standards and terms on C&I loans. Demand for short-term debt, however, remained very weak, and business loans and outstanding com mercial paper continued to run off. In response to a widening budget deficit and a rapid expansion of federal debt, the Treasury increased the frequency of its debt auctions. Declines in mortgage interest rates over the first half of the year led to an extraordinary increase in mortgage debt, as originations for home purchase and for refinancings both climbed to record levels. Interest Rates Interest rates fell for most of the first half of 2003, primarily in response to continuing weak economic data and an associated marking down of expectations for the federal funds rate. Global uncertainty ran high, particularly surrounding the timing of military intervention in Iraq, which elevated safe-haven demands and depressed yields on Treasury securities. Moreover, the weak March employment report and other disappointing news about economic activity seemed to cause a substantial shift in views about monetary policy. Data from the federal funds futures market suggested a significant probability of a further easing of policy and did not imply any tightening before early 2004. Even as geopolitical tensions eased, weaker-than-expected economic data contin ued to hold down Treasury yields. The FOMC’s statement following its May meeting that an “unwel come fall in inflation” remained a risk reinforced the notion that monetary policy would stay accommo dative, and, indeed, judging from market quotes on federal funds futures, market participants anticipated further easing. Mortgage rates followed Treasury yields lower, precipitating a huge surge of mortgage refinancing. To offset the decline in the duration of their portfolios stemming from the jump in prepay ments, mortgage investors reportedly bought large Monetary Policy Report to the Congress Interest rates on selected Treasury securities 145 Spreads of corporate bond yields over the ten-year Treasury yield Percent Percentage points l I■ I N o t e . The data are daily and extend through February 4, 2004. quantities of longer-dated Treasuries, amplifying the fall in yields. Interest rates on corporate bonds also declined in the first half of the year, prompting many firms to issue long-term debt to pay down other, more expensive forms of debt and build up cash assets. Growing confidence that the frequency and severity of corporate accounting scandals were waning likely contributed to the narrowing in risk spreads. By the end of spring, default rates on corporate bonds had begun to decline, and corporate credit quality appeared to stabilize. By the time of the June FOMC meeting, federal funds futures data implied that market participants had generally come to expect an aggressive reduction in the target federal funds rate, so the Committee’s decision to lower the target rate by only 25 basis points came as a surprise to some. In addition, some investors were reportedly disappointed that the stateimplied volatility of short-term interest rates Basis points ■I I ' I I I I I I I . I I I .............. I I I I I I I ........... __________ 2001_____________2002____________ 2003 I I I I I l 2004 N o t e . The data are daily and extend through February 4, 2004. The spreads compare the yields on the Merrill Lynch AA, BBB, and 175 highyield indexes with the yield on the ten-year off-the-run Treasury note. ment following this meeting included no mention of “unconventional” monetary policy actions that would be aimed at lowering longer-term yields more directly than through changes in the federal funds rate target alone. As a result, market interest rates backed up, with the move probably amplified by the unwinding of mortgage-related hedging activity. The Chairman’s monetary policy testimony in July, and the FOMC’s statements at subsequent meetings that noted that policy could remain accommodative for “a considerable period,” apparently provided an anchor for the front end of the yield curve. At the same time, increasingly positive economic reports bolstered con fidence in the markets, and longer-dated Treasury securities ended the year about 40 basis points above their year-earlier levels. But, with the expansion evi dently gaining traction and investors becoming more willing to take on risk, corporate risk spreads, particu larly those on speculative-grade issues, continued to fall over the second half of the year. Treasury yields fell early in 2004, largely in response to the weakerthan-expected December labor market report. After the release of the Committee’s statement following its January meeting, Treasury yields backed up a bit as futures market prices implied an expectation of an earlier onset of tightening than had been previously anticipated. Equity Markets N o t e . The data are daily and extend through February 4, 2004. The series shown is the implied volatility o f the three-month eurodollar rate over the coming four months, as calculated from option prices. Broad equity price indexes ended the year 25 percent to 30 percent higher. Early in the year, stock prices were buffeted by mixed news about the pace of 146 Federal Reserve Bulletin □ Spring 2004 Major stock price indexes S&P 500 forward eamings-price ratio and the real interest rate January 2,2002 = 100 120 — 10 110 100 90 W ilsh ire 5000 80 70 L_l__ I I I I t N ote. The data are daily and extend through February 4, 2004. economic expansion and by heightened geopolitical tensions. Rising oil prices boosted the shares of energy companies very early in the year while, by and large, stocks in other sectors were stumbling. By spring, however, positive news on corporate earnings—often exceeding expectations—and easing of geopolitical tensions associated with the initiation of military action in Iraq boosted equity prices sig nificantly. Subsequently, the swift end to major com bat operations in Iraq caused implied volatility on the S&P 500 index to fall substantially. Over the rest of the year, increasingly positive earnings results contributed to a sustained rally in stock prices, and implied volatility in equity markets fell further. Cor porate scandals—albeit on a smaller scale than in previous years—continued to emerge in 2003, but these revelations appeared to leave little lasting 1991 1993 I I I I I __ I _ I _ I _ L _ _ _ 1995 1997 1999 2001 2003 N ote. The data are monthly and extend through December 2003. The forward eamings-price ratio is based on I/B/E/S consensus estimates of earnings over the coming year. The real interest rate is estimated as the difference between the ten-year Treasury rate and the expected ten-year inflation rate reported in the survey by the Federal Reserve Bank of Philadelphia. imprint on broad measures of stock prices. For the year as a whole, the Russell 2000 index of small-cap stocks and the technology-laden Nasdaq composite index, which rose 45 percent and 50 percent, respec tively, noticeably outpaced broader indexes. To date in 2004, equity markets have continued to rally. With the sustained rise in stock prices, the ratio of expected year-ahead earnings to stock prices for firms in the S&P 500 edged down over 2003. The gap between this ratio and the real ten-year Treasury yield—a crude measure of the equity risk premium— narrowed a bit over the course of the year, though it remains in the upper part of the range observed over the past two decades. Implied S&P 500 volatility Debt and Financial Intermediation N ote. The data are daily and extend through February 4, 2004. The series shown is the implied volatility o f the S&P 500 stock price index as calculated from the prices o f options that expire over the next several months. Source . Chicago Board Options Exchange. Aggregate debt of the domestic nonfinancial sectors is estimated to have increased about 8 V4 percent in 2003, just over a percentage point faster than in 2002. Federal debt accelerated sharply, rising 11 percent, owing to the larger budget deficit. Household debt rose almost as rapidly, and the increase in state and local government debt also was substantial. In con trast, business borrowing remained subdued last year. In the business sector, investment spending, particularly in the beginning of the year, was mainly financed with internal funds, limiting, though not eliminating, businesses’ need to increase debt. With long-term rates falling through midyear and credit spreads—especially for riskier borrowers— narrowing, corporate treasurers shifted their debt Monetary Policy Report to the Congress C h a n g e in d o m e s tic n o n fin a n c ia l d e b t Percent 147 N e t p e rce n ta g e o f d o m e s tic b a n k s tig h te n in g sta n d a rd s o n c o m m e rc ia l a n d in d u s tria l lo a n s to la rg e a n d m e d iu m -s iz e d firm s Percent ---- 10 J__i _i _l J _ _ Percent 1990 — 1992 1994 1996 1998 2000 2002 2004 15 N o t e . The data are based on a survey generally conducted four times per year; the last reading is from the January 2004 survey. Large and medium-sized firms are those with annual sales of $50 million or more. Net percentage is the percentage reporting a tightening less the percentage reporting an easing. S o u r c e . Federal Reserve Senior Loan Officer Opinion Survey on Bank Lending Practices. 1989 1991 1993 1995 1997 1999 2001 2003 N ote. For 2003, change is from 2002:Q4 to 2003:Q3 at an annual rate. For earlier years, the data are annual and are computed by dividing the annual flow for a given year by the level at the end o f the preceding year. The total consists of nonfederal debt and federal debt held by the public. Nonfederal debt consists of the outstanding credit market debt of state and local gov ernments, households, nonprofit organizations, and nonfinancial businesses. Federal debt held by the public excludes securities held as investments of federal government accounts. issuance toward bond financing and away from shorter-term debt. Household borrowing also shifted in response to lower longer-term rates. Mortgage rates followed Treasury rates lower in the spring, and mortgage originations for both home purchases and refinancings surged. Refinancing activity appears to have held down growth of consumer credit as house holds extracted equity from their homes and used the proceeds, in part, to pay down higher-cost consumer debt. Nevertheless, consumer credit posted a moder ate advance in 2003, buoyed by heavy spending on autos and other durables. A substantial widening of the federal deficit forced the Treasury to increase its borrowing significantly. To facilitate the pickup in borrowing, the Treasury altered its auction cycle to increase the frequency of certain issues and reintro duced the three-year note. Depository credit rose 6 percent in 2003 and was driven by mortgage lending and the acquisition of mortgage-backed securities by both banks and thrift institutions. Consumer lending also was substantial, as lower interest rates and auto incentives spurred spending on durable goods. In contrast, business loans fell 1 [ percent over 2003, a drop similar to the A runoff in 2002. Survey evidence suggests that the decline in business lending at banks was primarily the result of decreased demand for these loans, with respondent banks often citing weak investment and inventory spending. Moreover, the contraction was concentrated at large banks, whose customers tend to be larger corporations that have access to bond marD e lin q u e n c y ra tes o n se le c te d ty p e s o f lo a n s a t b a n k s Percent I 1_ I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ i l l ! __ _ _ _ _ _ _ _ _ _ _ 1991 1993 1995 1997 1999 2001 2003 N o t e . The data, from bank Call Reports, are quarterly, seasonally adjusted, and extend through 2003 :Q4. 148 Federal Reserve Bulletin □ Spring 2004 kets, and the proceeds of bond issuance were appar ently used, in part, to pay down bank loans. The January 2004 Senior Loan Officer Opinion Survey reported a pickup in business loan demand arising mainly from increased spending on plant and equip ment and on inventories. Supply conditions appar ently played a secondary role in the weakness in business loans in 2003. Banks tightened standards and terms on business loans somewhat in the first half of the year, but by year-end they had begun to ease terms and standards considerably, in part because of reduced concern about the economic outlook. M2 velocity and opportunity cost Ratio, ratio scale M2 increased 5 l percent in 2003, a pace somewhat A slower than in 2002 and a bit below the rate of expansion of nominal income. The deceleration in M2 largely reflected a considerable contraction in the final quarter of the year after three quarters of rapid growth. The robust growth in money around mid year was concentrated in liquid deposits and likely resulted in large part from the wave of mortgage refinancings, which tend to boost M2 as the pro ceeds are temporarily placed in non-interest-bearing accounts pending disbursement to the holders of mortgage-backed securities. Moreover, around the middle of the year, the equity that was extracted from home values during refinancings probably provided an additional boost to deposits for a time, as house holds temporarily parked these funds in M2 accounts before paying down other debt or spending them. In the fourth quarter, M2 contracted at an annual rate of 2 percent, the largest quarterly decline since consis- — M2 opportunity cost 2 — 2.0 — 4 — M2 velocity 8 — 2.2 — 1 1.8 — 1 The M2 Monetary Aggregate Percentage points, ratio scale 1 1 1 1994 1 I i 1997 1 1 1 2000 1 1 1 2003 1 Note. The data are quarterly and extend through 2003:Q4. The velocity of M2 is the ratio of nominal gross domestic product to the stock of M2. The opportunity cost of holding M2 is a two-quarter moving average of the difference between the three-month Treasury bill rate and the weighted average return on assets included in M2. Mortgage refinancing application index M arch 16, 1990= 100 — 8,000 — 6,000 — 4,000 — 2,000 — 1994 1996 1998 2000 2002 + 0 2004 Note. The data are monthly and extend through January 2004. Source. Mortgage Bankers Association. M2 growth rate — 10 tent data collection began in 1959. As mortgage rates backed up and the pace of refinancing slowed, the funds that had been swelling deposits flowed out, depressing M2. The sustained rally in equity markets after the first quarter of the year may also have slowed M2 growth, as expectations of continued higher returns led households to shift funds from M2 assets to equities, a view reinforced by the strong flows into equity mutual funds. International D evelopm ents Note. M2 consists of currency, travelers checks, demand deposits, other checkable deposits, savings deposits (including money market deposit accounts), small-denomination time deposits, and balances in retail money market funds. Economic growth abroad rebounded in the second half of last year as factors that weighed on the global economy in the first half—including the SARS epi- Monetary Policy Report to the Congress demic and uncertainty surrounding the war in Iraq— dissipated. Foreign growth also was boosted by the strong rebound in the U.S. economy, the revival of the global high-tech sector, and, in many countries, ample policy stimulus. Strong second-half growth in China stimulated activity in other emerging Asian economies and Japan by raising the demand for their exports. Growth in Japan also was spurred by a recovery in private spending there on capital goods. Economic activity in Europe picked up in the second half, as export growth resumed. Economic growth in Latin America has been less robust; the Mexican economic upturn has lagged that of the United States, and Brazil’s econ omy has only recently begun to recover from the effects of its 2002 financial crisis. Monetary authorities abroad generally eased their policies during the first half of 2003 as economic activity stagnated. In the second half, market par ticipants began to build in expectations of eventual monetary tightening abroad, and official interest rates were raised by year-end in the United Kingdom and Australia. Canadian monetary policy followed a dif ferent pattern; the Bank of Canada raised official interest rates in the spring as inflation moved well above its 1 percent to 3 percent target range but cut rates later in the year and again early this year as slack emerged and inflation moderated. Similarly, lower inflation in Mexico and Brazil allowed authori ties to ease monetary policy during 2003. The Bank of Japan maintained official interest rates near zero and continued to increase the monetary base. In foreign financial markets, equity prices fell, on average, until mid-March but since then have risen 149 Equity indexes in selected foreign industrial countries Week ending January 5, 2001 = 100 — — 60 — w — 80 — Canada — 100 40 Euro area — United Kingdom f i l i i i i i i i i i i i l 2001 iii i i t i i i 2002 ii 1 t i i i i i 1 ■■ ( ■ 1 .I 2003 2004 Note. The data are weekly. The last observations are the average of trading days through February 4, 2004. in reaction to indications of stronger-than-expected global economic activity. Emerging-market equity indexes outpaced those in the industrial countries in 2003, with markets in Latin America posting particu larly strong gains. Around midyear, long-term inter est rates declined to multiyear lows in many countries as economic growth slowed and inflationary pres sures diminished, but those rates moved higher in the second half as growth prospects improved. Bond spreads came down substantially during the year, both for industrial-country corporate debt and for emerging-market sovereign debt; spreads of the J.P. Morgan Emerging Market Bond Index (EMBI+) over U.S. Treasury securities fell to their lowest levels since before the Russian crisis of 1998. Gross capital flows to emerging markets, however, remained well below their 1997 peak. Official interest rates in selected foreign industrial countries Equity indexes in selected emerging markets Percent United Kingdom Canada Euro area I, , t I 1 Note. The data are as o f month-end; the last observations are for Feb ruary 5, 2004, when the Bank o f England raised its official rate. The data shown are the call money rate for Japan, the overnight rate for Canada, the refinancing rate for the euro area, and the repurchase rate for the United Kingdom. . 2001 . ,1 , ! 1 I ...I 1 I 1. 1 .I , . . . 2002 I I I I I I I , , I , I 2003 I , I I I I 2004 Note. The data are weekly. The last observations are the average of trading days through February 4, 2004. Asian emerging markets are China, Hong Kong, India, Indonesia, Malaysia, Pakistan, the Philippines, Singapore, South Korea, Taiwan, and Thailand. 150 Federal Reserve Bulletin □ Spring 2004 U.S. dollar nominal exchange rate, broad index January 2000 = 1 0 0 cies but appreciated against the Mexican peso. On balance, the dollar depreciated 9 percent during 2003 on a trade-weighted basis against the currencies of a broad group of U.S. trading partners. Industrial Economies I l I I 1 I I I I 1 I 1 I I 1 I 1 I 1 1 1 I I I I I 1 I I I I L 1 1 I I 1 1 I I I 1 I I ! I I I 1 I 1 I J- 1 . - 2000 2001 2002 2003 2004 Note. The data are monthly and are in foreign currency units per dollar. The last observation is the average of trading days through February 4, 2004. The broad index is a weighted average o f the foreign exchange values of the U.S. dollar against the currencies o f a large group of major U.S. trading partners. The index weights, which change over time, are derived from U.S. export shares and from U.S. and foreign import shares. The foreign exchange value of the dollar continued to decline last year as concerns over the financing of the large and growing U.S. current account deficit took on greater prominence. The dollar declined 18 percent against the Canadian dollar, 17 percent against the euro, and 10 percent against the British pound and the Japanese yen. In contrast, the value of the dollar was little changed, on net, against the currencies of our other important trading partners, in part because officials of China and of some other emerging Asian economies managed their exchange rates so as to maintain stability in terms of the dollar. Among Latin American currencies, the dollar declined against the Brazilian and Argentine currenU.S. dollar exchange rate against selected major currencies Week ending January 5, 2001 = 100 Japanese yen Canadian dollar Note. The data are weekly and are in foreign currency units per dollar. Last observations are the average o f trading days through February 4, 2004. The euro-area economy contracted in the first half of 2003, weighed down in part by geopolitical uncer tainty and higher oil prices. In the second half, eco nomic activity in the euro area began to grow as the global pickup in activity spurred a recovery of euroarea exports despite the continued appreciation of the euro. The monetary policy of the European Central Bank (ECB) was supportive of growth, with the policy interest rate lowered to 2 percent by midyear. Consumer price inflation slowed to around 2 percent, the upper limit of the ECB’s definition of price stability. Despite increased economic slack, inflation moved down only a little, partly because the summer drought boosted food prices. For the second straight year, the governments of Germany and France each recorded budget deficits in excess of the 3 percent deficit-to-GDP limit specified by the Stability and Growth Pact. However, in light of economic condi tions, European Union finance ministers chose not to impose sanctions. After a sluggish first quarter, the U.K. economy expanded at a solid pace for the remainder of 2003, supported by robust consumption spending and considerable government expenditure. The Bank of England cut rates in the first half of the year but reversed some of that easing later in the year and early this year as the economy picked up and housing prices continued to rise at a rapid, albeit slower, pace. In June, the British government announced its assess ment that conditions still were not right for the United Kingdom to adopt the euro. In December, the British government changed the inflation measure to be tar geted by the Bank of England from the retail prices index excluding mortgage interest (RPIX) to the con sumer prices index. U.K. inflation currently is well below the objective of 2 percent on the new target index. The Canadian economy contracted in the second quarter owing to the impact of the SARS outbreak in Toronto on travel and tourism, but it rebounded in the latter half of the year. Canadian economic growth continued to be led by strong domestic demand; consumption remained robust and investment spend ing accelerated, offsetting the negative effect of Cana dian dollar appreciation on both exports and importcompeting industries. Canadian consumer price Monetary Policy Report to the Congress inflation swung widely last year, rising to AV2 percent on a twelve-month basis in February before falling to IV2 percent in November and ending the year at 2 percent. The swing partly reflected movements in energy prices, but changes in auto insurance premi ums and cigarette taxes also played an important role. Japanese real GDP recorded significant growth in 2003 for the second straight year. Private investment spending made the largest contribution to the expan sion. Consumer spending remained sluggish as labor market conditions continued to be soft. However, nominal wages stabilized following a sharp drop in 2002, and leading indicators of employment moved higher. Despite an appreciation of the yen late in the year, Japanese exports posted a strong increase in 2003 primarily because of gains in exports to China and other emerging Asian economies. With consumer prices continuing to decline, the Bank of Japan (BOJ) maintained its policy interest rate near zero and eased monetary policy several times during 2003 by increasing the target range for the outstanding balance of reserve accounts held by private finan cial institutions at the BOJ. The BOJ also took other initiatives last year to support the Japanese economy, including launching a program to purchase securities backed by the assets of small- and medium-sized enterprises. Japanese banks continued to be weighed down by large amounts of bad debt, but some progress was made in resolving problems of insuffi cient bank capital and in reducing bad-debt levels from their previous-year highs. 151 U.S. dollar exchange rates and bond spreads for selected emerging markets W eek ending Ja n u ary 5, 2001 = 100 Week ending January 5, 2001 = 100 Exchange rates Argentine peso 200 Percentage points Percentage points Bond spreads 80 — Brazil Argentina 40 Note. The data are weekly averages. Last observations are the average of trading days through February 4, 2004. Exchange rates (top panel) are in foreign currency units per dollar. Bond spreads (bottom panel) are the spreads of the J.P. Morgan Emerging Market Bond Index (EMBI+) over U.S. Treasury securities. Emerging-Market Economies Growth in the Asian developing economies rebounded sharply in the second half of 2003 after having contracted in the first half. The outbreak of SARS in China and its spread to other Asian econo mies was the primary factor depressing growth in the first half, and the subsequent recovery of retail sales and tourism after the epidemic was contained was an important factor in the sharp rebound. The pattern of Asian growth also reflected the sharp recovery of the global high-tech sector in the second half after a prolonged period of weakness. Exports continued to be the main engine of growth for the region. However, domestic demand contributed importantly to growth in China, where state-sector investment increased at a rapid clip and a boom in construction activity continued. Supply problems caused food prices and overall consumer prices in China to rise on a twelve-month basis last year, following a period of price deflation during the previous year. In addition, concerns emerged that some sectors of the Chinese economy, particularly the property markets in Beijing and Shanghai, may be overheating. Korean economic growth turned negative in the first half, as the high level of household debt, labor unrest, and concerns over North Korea’s nuclear development depressed private-sector spending. A sharp rise in exports spurred a revival of growth in the second half even as domestic demand remained subdued. The Mexican economy remained sluggish through much of the year but recently has shown some signs of improvement. After lagging the rise in U.S. pro duction, Mexican industrial production posted strong gains in October and November, although it remains well below the peak it reached in 2000. Exports rose late last year to almost the peak they had reached in 2000. Consumer price inflation came down over the course of 2003 to 4 percent, the upper bound of the 2 percent to 4 percent target range. The Bank of 152 Federal Reserve Bulletin □ Spring 2004 Mexico has left policy unchanged since tightening five times between September 2002 and March 2003, but market interest rates have fallen owing to weak ness in economic activity. The Brazilian economy contracted in the first half of 2003 partly as a result of the 2002 financial crisis and the consequent monetary policy tightening. It then expanded moderately in the second half, boosted by strong export growth and a recovery in investment spending. Brazilian financial indicators improved significantly in 2003, in part because the Brazilian government began to run a substantial primary bud get surplus and to reform the public-sector pension system. The Brazilian stock market soared nearly 100 percent last year, and Brazil’s EMBI+ bond spread narrowed by nearly two-thirds. As the Bra zilian currency stabilized and began to appreciate, Brazil’s inflation outlook improved, allowing the cen tral bank to reverse fully its earlier rate hikes and to reduce the overnight interest rate to a multi-year low, although real interest rates remained high. The Argentine economy rebounded in 2003 from the sharp contraction that occurred in the wake of its financial crisis in 2001-02. Still, economic activity remains far below pre-crisis levels, and many of Argentina’s structural problems have not been addressed. With the government still in default to its bondholders, the country’s sovereign debt continued to carry a very low credit rating, and its EMBI+ spread remained extremely high. Even so, the Argen tine peso appreciated on balance in 2003, and the Merval stock index nearly doubled over the course of the year. □ 153 Summary of Papers Presented at the Second Conference of the International Research Forum on Monetary Policy Gregg Forte, o f the Board’s Division o f Research and Statistics, prepared this article. The International Research Forum on Monetary Policy held its second conference on November 14 and 15, 2003. The organization is sponsored by the European Central Bank (ECB); the Board of Gov ernors of the Federal Reserve System (FRB); the Center for German and European Studies (CGES), at Georgetown University, in Washington, D.C.; and the Center for Financial Studies (CFS), at the Goethe University, in Frankfurt. It was formed to encourage research on monetary policy issues that are relevant from a global perspective, and it organizes confer ences that are held alternately in the euro area and the United States. The 2003 conference, held in Washington, D.C., featured ten papers.1 Among the topics examined were the Great Inflation of the 1970s in the United States and the influence of learning, or adjustment of expectations, on policy outcomes; the tradeoffs between rules-based and discretionary monetary pol icy; the 1999 formation of the European Economic and Monetary Union and whether it altered the degree of economic integration between the United States and the euro area; the potential benefits of greater competition in the euro area; and optimal monetary policy in an international setting. This summary discusses the papers in the order presented at the conference.2 N o t e . The author o f this article thanks Dale Henderson and the authors o f the conference papers for their assistance in its prepara tion and Christopher J. Erceg, Glenn Follette, Christopher J. Gust, Daniel E. Sichel, and Robert J. Tetlow for helpful comments. 1. The organizers o f the forum’s 2003 conference were Ignazio Angeloni (ECB), Matthew Canzoneri (CGES), Dale Henderson (FRB), and Volker Wieland (CFS). 2. A list o f the papers appears at the end o f this article along with an alphabetical list o f authors and their affiliations at the time of the conference. For a limited period, the papers will be available at www.federalreserve.gov/events/conferences/irfmp2003/default.htm. In addition, a revised version of each conference paper will be available in one o f the following series o f working papers: the INFORMATION AND LEARNING In the conference’s first session, “Information and Learning,” two papers considered the conduct of monetary policy during the high inflation and high unemployment (stagflation) of the 1970s. In both papers, the authors note the wide agreement today that underlying productivity growth had fallen in the early 1970s and that monetary policy was too accom modative given the resultant narrowing of the output and unemployment gaps. Fabrice Collard and Harris Dellas create a model that can explain the conduct of monetary policy in the 1970s if the central bank is fairly insensitive both to expectations of rising infla tion and to any perception of a wide output gap and is also highly uncertain about potential output. Athanasios Orphanides and John C. Williams trace the high-inflation episode to monetary policy mis takes that had started earlier, in the mid-1960s. They argue that, from the mid-1960s through the late 1970s, the Federal Reserve paid excessive attention to stabilizing output and employment around levels that later proved to have been too high. This policy mistake loosened inflation expectations and gave rise to the stagflation of the 1970s. The authors believe that the recognition of this error at the end of the decade led policymakers to place greater empha sis on the stabilization of prices and of inflation expectations. Collard and Dellas In their paper, “The Great Inflation of the 1970s,” Collard and Dellas evaluate three alternative expla nations of the loose policy of the 1970s: Federal Reserve Board’s International Finance Discussion Papers (www.federalreserve.gov/pubs/ifdp/2004/default.htm), the European Central Bank’s Working Paper Series (www.ecb.int/pub/wp/wp.htm), and the Center for Financial Research’s CFS Working Paper series (www.ifk-cfs.de/English/homepages/h-cfsworkingpaper.htm). 154 Federal Reserve Bulletin □ Spring 2004 1. Policy was biased toward creating inflation sur prises as a means of lowering unemployment (or “policy opportunism,” for short) 2. Policy reacted strongly to increases in expected inflation but suffered from erroneous information that hid the actual drop in underlying productiv ity growth and hence in potential output; thus, policy was only inadvertently loose (“imperfect information” ) 3. Policy reacted weakly to increases in expected inflation (“weak reaction to inflation” ) The authors employ a New Neoclassical Synthesis model, specified to produce a unique equilibrium, in which policymakers follow a standard HendersonMcKibbin-Taylor rule to set the policy rate. Finding the conditions under which such a model will gen erate the 1970s volatility in inflation and in other macroeconomic variables such as output and invest ment, the authors say, may indicate which of the policy explanations is most relevant. In the monetary policy rule, the policy variable set by the authority in the present period is a function of three other variables: the policy variable in the preceding period, the inflation gap (the gap between inflation expected in the next period and the steadystate rate), and the output gap (the gap between current output and potential output). Potential output is not observable, and the monetary authority learns only gradually about shocks to it. In looking for a specification of their model that will reproduce the conditions of the 1970s, the authors vary the shocks to, and the degree of uncer tainty about, potential output and the speed at which the monetary authority responds to changes in the inflation gap and the output gap. In the first (baseline) trial, the authors assume a reaction speed about the same as that commonly associated with the VolckerGreenspan era, that is, a coefficient of 1.5 on the inflation gap and 0.5 on the output gap. (A value of at least 1 for the coefficient on the inflation gap is necessary for the model to avoid an indetermi nate equilibrium—that is, the possibility of reaching various stable but undesirable economic outcomes.) They select a supply shock—a reduction in produc tivity growth—sufficient to generate an increase of 5-6 percentage points in the inflation rate. They find that with a supply shock of about 30 percent and a high degree of uncertainty about the output gap, the model produced the desired increase in inflation. Moreover, this specification is quite successful in predicting the volatility in variables such as invest ment, output, and inflation. Its main weakness is in its exaggeration of the severity of the predicted recession and in its requirement of a very large shock. The authors also examine the performance of the model under perfect information and a specification of the Henderson-McKibbin-Taylor rule that con tains a reaction to inflation that is too weak and thus leads to indeterminate equilibriums. This specifica tion also performs quite well: It generates a large and persistent increase in the inflation rate after a large productivity slowdown (a supply shock of about 12 percent) and predicts an amount of macroeco nomic volatility comparable to that observed in the real world. The main weakness of this specification is, again, its exaggeration of the severity of the pre dicted recession. The results from these two specifications suggest that one need not appeal to the first explanation (policy opportunism) to explain the inflation of the 1970s. The results also suggest that it may not be possible to discriminate between the second expla nation (substantial imperfect information plus strong reaction to expected inflation) and the third (good information but weak reaction to expected inflation)—the data lend considerable support to both. The third explanation implies that economic outcomes would have been much better had the central bank’s reaction to inflation been stronger, whereas the second explanation implies that, given uncertainty about the true output gap, even a strong reaction to inflation would not have sufficed to keep inflation in check in the face of a very large, unob served productivity slowdown. Orphanides and Williams In “The Decline of Activist Stabilization Policy: Natural Rate Misperceptions, Learning, and Expec tations,” Orphanides and Williams reexamine the sources of U.S. stagflation in the 1970s and of the subsequent improvement in macroeconomic performance. The authors trace the policy failure of the 1970s to what they term the “activist” approach to macroeco nomic policy—the so-called New Economics, which became popular during the 1960s. According to this approach, the management of aggregate demand could counteract any shortfalls or excesses relative to the economy’s potential and thus attain the dual goals of macroeconomic policy: sustained prosperity and price stability. The enviable performance of the US. economy in the first half of the 1960s appeared to validate the promise of the New Economics. But in the second half of the 1960s, the prosperity was Second Conference of the International Research Forum on Monetary Policy purchased at the cost of rising inflation; and by the 1970s, the economy had fallen into stagflation—high unemployment accompanied by high inflation. Orphanides and Williams argue that in the 1960s and 1970s the Federal Reserve attempted a tight stabilization of the unemployment rate near an esti mate of the natural rate that was far too low. The resulting gradual rise of inflation adversely influ enced private agents’ expectations, which in turn put further upward pressure on prices. This combination, rather than only adverse supply shocks such as a drop in productivity, explains much of the performance of the U.S. economy in the 1970s. That is, the misper ception of the natural rate caused policymakers to be far too optimistic about how low they could push the unemployment rate without generating inflation pressures. Policy, influenced by the New Economics, remained excessively stimulative and contributed to rising inflation. The rise in inflation expectations amplified and propagated this initial policy error and led to stagflation. In the authors’ model, private agents have only imperfect knowledge of the structure of the economy and of policy, but in a process of perpetual “learn ing,” they continually update their beliefs. This learn ing process causes the direct effects of policy errors to alter inflation expectations and thereby to further influence the economy. According to the model, the combination of stimulative monetary policy and ris ing inflation during the late 1960s and 1970s con tributed to public confusion regarding the Federal Reserve’s objectives and the behavior of inflation. Inflation expectations were initially well anchored because of the price stability of the 1950s and early 1960s; but they changed during the late 1960s, when policy errors and the resulting rise in inflation caused them to drift upward. By the time that the supply shocks of the 1970s hit, expectations of rising infla tion exacerbated the effects of the shocks and contrib uted to stagflation. The authors point out that, although some observ ers suggest that monetary policy was inherently destabilizing in the pre-1979 period, the results in their paper do not rely on such a condition. They note that their policy rule for the pre-1979 period, which is based on real-time data and forecasts, features a response of nominal rates to inflation that is greater than one-for-one, a result consistent with stability in the model economy. Orphanides and Williams show that, had monetary policy not reacted as aggressively to perceived unem ployment gaps as it did, inflation expectations would have remained stable, and the stagflation of the 1970s would have been avoided despite the dramatic 155 increases in oil prices and the productivity slowdown during that period. According to the model, a less aggressive reaction to the unemployment gap would have done a better job of stabilizing inflation and unemployment in the 1970s. By end of the 1970s, according to the authors, monetary policy makers appeared to recognize the nature of the problem. Faced with high and rising inflation, they changed course, turning away from the fine-tuning of demand management advocated by the New Economics and concentrating instead on the goal of price stability. After the costly disinflation of the early 1980s, the change in focus contributed to a new era of relatively stable inflation and unemployment. MONETARY AND FISCAL POLICY In the conference’s second session, “Monetary and Fiscal Policy,” three papers addressed the design of optimal policy. In the first paper, Pierpaolo Benigno and Michael Woodford propose a model that can address simultaneously the basic policy problems (including sticky prices and incentives-distorting taxes) of the monetary and fiscal authorities. In the second paper, Susan Athey, Andrew Atkeson, and Patrick J. Kehoe consider a compromise between the desirability of allowing the central bank discretion to act on private information and the desirability of preventing the central bank from stimulating out put with unexpected inflation. And in the third, Jordi Galf, J. David Lopez-Salido, and Javier Valles attempt to reconcile the fact that a rise in government spending leads to higher consumption with predic tions to the contrary from neoclassical theory and real-business-cycle models. Benigno and Woodford In “Optimal Monetary and Fiscal Policy: A LinearQuadratic Approach,” Benigno and Woodford observe that models of optimal policy for the two types of stabilization are typically developed in mutual isolation. Monetary policy models typically ignore the consequences of monetary policy for the government budget. This approach can be justified under the assumption that nondistorting sources of government revenue exist, but it is inappropriate if, as emphasized in the literature on optimal tax policy, all available sources of revenue create distortions. Likewise, models of optimal fiscal policy at most include elements of monetary policy only under the 156 Federal Reserve Bulletin □ Spring 2004 simplifying assumption that prices are flexible and hence clear markets, so that tax rates affect output without regard to aggregate demand. Investigations of optimum monetary policy, however, confront the excesses and deficiencies created by prices that do not immediately adjust. The authors propose to determine how the results of these two types of model would need to be modified if they are combined as two aspects of a single general-equilibrium model and if each aspect includes the more realistic concerns of the other. The authors point out that they approach the task differ ently from some recent papers that have combined optimal monetary and fiscal policy with sticky prices. The differences are that the present paper (1) uses staggered pricing of the sort appearing in models with explicit microfoundations and in some empiri cal work on the monetary transmission mechanism, (2) obtains analytical and not purely numerical results by virtue of the linear-quadratic approach, (3) derives optimal targeting rules for monetary and fiscal policy that yield a single rational-expectations equilibrium and optimal policy responses to any shock. The authors find that, in their model, the volatility of inflation and tax rates is highly sensitive to the frequency with which prices change (the degree of stickiness). In their baseline case, prices change at just less than six-month intervals (a rate they say is consistent with survey results). Under fully flexible prices, the optimal response of inflation to a fiscal shock is eighty times as large as in the baseline case, and the long-run tax rate has no response. Even if sticky p rices adjust as frequently as ev ery five w eeks, the optimal response of inflation and of the long-run tax rate are much closer to those in the baseline case than those under fully flexible prices. Likewise, in contrast to the monetary policy literature with lump sum taxes, the authors find that, in their model, a government spending shock creating fiscal stress affects the optimal path of inflation and the output gapThe authors set up targeting rules for the monetary and fiscal authorities in the form of commitments to maximize social welfare by adjusting the short-term interest rate and the tax rate, respectively. And each authority simultaneously makes the projected paths of inflation and the output gap (the target variables) satisfy the attainment of a unique, nonexplosive, rational-expectations equilibrium. Both monetary and fiscal policy can be used to stabilize an output gap that measures the perturbations from sticky prices and from distortionary taxes (taxes that are scaled to some payer variable such as income and that there fore influence, or distort, the payer’s economic deci sions); and fiscal policy can be used to address infla tion because distortionary taxes affect real marginal costs and thus aggregate supply. Hence, monetary policy should take account of the requirements for government solvency, and fiscal policy should attend to its influence on inflation. Athey, Atkeson, and Kehoe In “The Optimal Degree of Monetary Policy Discre tion,” Athey, Atkeson, and Kehoe note that, accord ing to most of the academic literature, there is no justification for policy discretion unless the central bank has important private information, information not available to the private sector. Acting to maxi mize social welfare, the central bank achieves the best outcomes when it follows a rule based on pub licly observable data. There is scope for debate about the optimal degree of discretion if the central bank does have information. The question is this: How much risk of policy opportunism (boosting output through inflation surprises) should be tolerated to allow the central bank discretion to act on its private information? In the authors’ model, the central bank has private information on the state of the economy that deter mines society’s preferred level of inflation. If this state is low, society desires low inflation; if it is high, society desires high inflation. In each period, private agents set their nominal wages before the monetary authority sets the inflation rate. This timing gives the central bank an incentive to engineer surprise infla tio n to red u ce real w ag es an d th ereb y lo w e r u n e m ployment toward its optimal level. The optimal policy takes the form of an inflation cap. The benefit of reducing the cap is a decrease in the latitude for policy opportunism. The cost is a decrease in the scope for the central bank to use its private information to stabilize the economy. The cap is chosen low enough so that the cost of any further reduction just matches the benefit. One inter pretation of the cap is that it is the optimal inflation target. The main theoretical contribution of the paper is to make clear what information is required to choose the optimal (time-varying) inflation cap. It is remarkable that under some common assumptions the level of the cap depends only on the central bank’s report on the current state of the economy. Otherwise it depends on reports on both current and past states. The main practical contribution is to forcefully restate the argument that the case for central bank discretion rests on the assumption that the central bank has important private information. Second Conference of the International Research Forum on Monetary Policy Gall, Lopez-Salido, and Valles In most macroeconomic models, say Gall, LopezSalido, and Valles in “Understanding the Effects of Government Spending on Consumption,” a rise in government purchases of goods and services will tend to expand output. But the strength of that ten dency varies greatly across types of models. The differences are rooted in alternative assumptions about how consumers react to the rise in current income attributable to the rise in government spend ing. In neoclassical (real-business-cycle, or RBC) models, consumers are assumed to spend according to a measure of their lifetime resources. A further common assumption is that, when government spend ing rises, these consumers will look ahead, in so-called Ricardian fashion, and anticipate that the present value of their after-tax lifetime income will fall because taxes will rise at some point to finance the higher government spending. Their anticipation of lower future income causes them to reduce their consumption immediately. But the supply of labor grows, real wages fall, and employment and output grow. In traditional Keynesian models, consumers are not forward looking. They spend according to their current disposable income rather than their estimate of lifetime resources. Thus, an increase in govern ment spending can directly increase output because higher demand from government need not be offset by lower demand from consumers. If the higher government spending is sufficiently financed by bor rowing, it raises consumer income and is thus aug mented by an increase in consumer demand. If the money supply is fixed, interest rates rise and invest ment falls; in contrast, an accommodation of the output expansion by the central bank will, depending on the extent of the policy easing, moderate or elimi nate the investment decline. In a review of the empirical evidence and through an investigation of their own, the authors find that, indeed, a rise in government spending leads to a significant increase in consumption and to little change, or a fall, in investment. They propose a general equilibrium model in which Ricardian and non-Ricardian consumers coexist and prices are sticky. The authors argue that both price stickiness and the existence of non-Ricardian consumers are necessary for an increase in government spending to raise consumption. Price stickiness lowers markups and allows real wages to rise along with employment; in turn, non-Ricardian consumers will respond to their higher income by increasing their consumption. The authors find that, for plausible settings for the 157 proportion of non-Ricardian consumers, the degree of price stickiness, and the extent of debt financing, their model’s results accord with empirical findings. The model assumes that the taxes imposed to finance the rise in government spending are lump sum, that is, they are the same dollar amount for each taxpayer. The authors leave to future research the question of how the model would respond if taxpayer liability varied with income. INTERNATIONAL LINKAGES The conference’s third session, “International Link ages,” featured three papers on the consequences of various economic policies and market structures in open economies. Nicoletta Batini, Paul Levine, and Joseph Pearlman look for the conditions under which central banks in open economies could effectively set policy according to a rule based on expected infla tion. Tamim Bayoumi, Douglas Laxton, and Paolo Pesenti consider the efficiency gains in the industrial countries that could be expected from an increase in competition among businesses and workers in the euro area. And Michael Ehrmann and Marcel Fratzscher investigate whether the interdependence of the U.S. and euro-area money markets has increased since the advent of the European Economic and Monetary Union in 1999. Batini, Levine, and Pearlman Much work has been devoted to modeling closed economies in which the monetary authority changes interest rates in response to changes in expected, rather than current, inflation. Such policy behavior matches that in the inflation-forecasting models maintained at the central banks of Canada and New Zealand and appears to be consistent with recent monetary policy in the United States and the euro area. A criticism of a rule that responds to expected inflation is that of indeterminacy—it can lead to any of several equilibriums, some of which have undesir able outcomes for household welfare. In “Indetermi nacy with Inflation-Forecast-Based Rules in a TwoBloc Model,” Batini, Levine, and Pearlman extend existing work on indeterminacy under such rules to the case in which economies are open. Their study uses a New Keynesian (that is, sticky nominal wages and prices) general equilibrium model based on microeconomic foundations with two coun try blocs. In each bloc the monetary authority follows the same inflation-forecast-based (IFB) rule. The 158 Federal Reserve Bulletin □ Spring 2004 model includes two features—habit persistence in consumption and backward-looking wage and price indexing—to improve its ability to mimic fluctua tions in output, prices, and nominal interest rates in the euro area and the United States; and it includes one feature—home bias in consumption patterns— that improves its tracking of real exchange rate fluc tuations between the two blocs. The authors show that if the monetary authorities respond to inflation forecasts too far ahead, the IFB rule produces an indeterminate equilibrium no matter how aggressive the response is. They also find that indeterminacy arises more readily in an open economy than in a closed one. Finally, they find that indeterminacy in an open economy is more likely if the monetary authori ties respond to expected consumer price inflation rather than to expected producer price inflation. The authors consider the results arising from alter native choices of inflation horizons and of inflation indexes for use in the policy rule to be an important warning for the central banks of the United States and the euro area. The reason is that both authorities seem to focus primarily on medium-term consumer price inflation expectations, thereby compounding the possibility of indeterminacy. Bayoumi, Laxton, and Pesenti Overregulation in Europe’s product and labor mar kets is currently a leading explanation for the euro area’s lower income per capita relative to the United States, and the reduction of such impediments has become a major policy topic in Europe. Bayoumi, Laxton, and Pesenti employ a version of the Global Economy Model (GEM) of the International Mone tary Fund to examine the potential benefits from such deregulation. GEM provides for imperfect compe tition through markups in prices and wages above marginal costs and marginal output; the markups decrease as the substitutability of goods and inputs (that is, competition) increases. In the authors’ twobloc version of GEM, one bloc is calibrated with euro-area data, and the other, which represents the rest of the industrialized world, is calibrated with U.S. data. The resulting study, “When Leaner Isn’t Meaner: Measuring Benefits and Spillovers of Greater Compe tition in Europe,” simulates greater competition in the euro area by lowering euro-area markups in the model to the level of those in United States. With greater competition, businesses and workers in the euro area are less able to restrict their respec tive supplies. Accordingly, output and consumption increase strongly in the euro area; in the rest of the industrialized world, output increases somewhat, and consumption increases more than output because of an improvement in the terms of trade. Moreover, the authors show that, because greater competition improves the flexibility of wages and prices in the euro area, the central bank there faces an improved tradeoff between inflation and the output gap. The markups employed in the model are based on empirically estimated data from both the United States and Europe, and the simulation results cover ten years. The authors emphasize that the quantitative results represent only an initial estimate subject to further refinements. These results show that, over the ten-year period, euro-area output per capita rises about XlVi percent above baseline (the level of out put per capita if markups are not changed), and U.S.-calibrated output rises about 1 percent above baseline. The combined result closes about one-half of the per capita output gap between the two blocs. Euro-area consumption per capita rises about 8 per cent above baseline. Accounting for the disutility of the rise in labor effort, welfare increases about 2Vi percent. Consumption and welfare in the other bloc rise about VA percent because of an improve ment in the terms of trade with the euro area. Finally, the tradeoff facing the euro-area monetary authority also improves because of a one-third reduction, rela tive to baseline, in the sacrifice ratio—the amount of output lost by lowering inflation 1 percentage point. Robustness checks indicate that the effect on the euro area economy is relatively invariant to alternative assumptions about key parameters but that the spill overs to the rest of the world are sensitive to these assumptions. Ehrmann and Fratzscher An extensive literature has documented the influence of domestic economic news on domestic interest rates and asset prices. In “Equal Size, Equal Role? Interest Rate Interdependence between the Euro Area and the United States,” Ehrmann and Fratzscher investigate the international extent of such influence by looking at economic news and the behavior of interest rates in Germany and the United States from 1993 through 1998 and in the euro area and the United States from 1999 through February 2003. The paper attempts to measure the degree to which foreign news moves financial markets and whether U.S. and European financial markets have become more interdependent since the 1999 launch of the European Economic and Monetary Union (EMU). By Second Conference of the International Research Forum on Monetary Policy examining the correlation of announcements of eco nomic fundamentals in the two regions, the authors also assess whether greater financial interdependence reflects a broader increase in economic interdepen dence between the two regions. In studying daily money market rates for the 1993— 2003 period, the authors find that money market linkages have strongly increased with the arrival of the EMU. During trading hours, the changes in money market rates in the euro area generally spill over to the United States and vice versa. Although developments in one market are not completely reflected in the other market, the linkage is highly significant in statistical tests. Moreover, the EMU has changed this relationship between markets in two dimensions. First, the systematic reaction of U.S. markets to developments in Europe can be found only with the start of the EMU. Through statistical testing methods, this increased linkage can be dated to June 1998, the time by which markets were certain that the EMU would become a reality. Second, the extent to which market movements in the United States are reflected in the euro-area money market has increased. This effect, too, is linked with the formation of the EMU. The authors go beyond the linkages that can be observed each trading day to study the extent to which markets react to the release of macroeconomic news or monetary policy decisions in the other econ omy. European markets are found to react to cer tain macroeconomic news about the U.S. economy. This phenomenon can be identified particularly for releases of U.S. data on retail sales, consumer confi dence, industrial production, and the survey from the National Association of Purchasing Management— that is, mostly announcements that are known as leading indicators for the U.S. economy. Importantly, this reaction of euro-area money markets started only with the advent of the EMU. The results raise the question of why the U.S. and euro-area money markets have become so much more interdependent and, in particular, why some U.S. news has become an important determinant of euroarea interest rates. This finding may reflect growing real integration and interdependence between the two economies. A second interpretation ties the result to the timing of the news releases in each economy— U.S. macroeconomic news is released significantly ahead of the corresponding news in Germany and the euro area. Testing for this hypothesis, the authors show that U.S. announcements have, over time, become strong leading indicators for the euro-area economy. Accordingly, investors in recent years may be paying increasing attention to U.S. news to learn 159 about the prospects of the euro-area economy. In short, according to the authors, their findings suggest that the U.S. and euro-area money markets have become significantly more interdependent since the start of the EMU, a development at least partly due to an increase in the real integration of the U.S. and euro-area economies in recent years. O p t im a l M o n e t a r y P o l ic y The fourth and final session of the conference, “Opti mal Monetary Policy,” featured two papers. In the first paper, Robert G. King and Alexander L. Wolman investigate the problem of multiple equilibriums un der a discretionary monetary policy. In the second, Ester Faia and Tommaso Monacelli consider optimal monetary policy in a world in which policymakers in each country have an incentive to improve the wel fare of domestic residents by manipulating the terms of trade in their own favor. King and Wolman Those who advocate policy rules criticize discre tionary monetary policy mainly because, through attempts to stimulate output with surprise policy easings, it leads to higher average inflation than does a policy rule. In neoclassical models, such attempts can be futile because private-sector agents come to expect the behavior; as a result, inflation is higher, but out put remains essentially unchanged. The inflationary bias of discretionary monetary policy can also be derived from New Keynesian models, in which out put is inefficiently low because of imperfect compe tition, prices are set for a fixed length of time, and agents have differing repricing schedules (staggered pricing). In their paper, “Monetary Discretion, Pricing Complementarity, and Dynamic Multiple Equilib ria,” King and Wolman demonstrate, in a New Key nesian setting, that besides producing high inflation, discretion has a further adverse consequence. It can produce multiple equilibriums that lead to excess volatility in prices and output because of changing beliefs of private agents. The volatility arises because forward-looking price setting by firms interacts with discretionary behavior by a monetary authority attempting to maximize private welfare. In the authors’ model, firms set prices for two periods by applying a markup to their nominal mar ginal costs in the current period and their expected nominal marginal costs in the next period. In each 160 Federal Reserve Bulletin □ Spring 2004 period, one-half of all firms set their prices, and the other half hold them steady at the level set in the preceding period. Optimal behavior on the part of the discretionary monetary authority implies that it chooses the size of the money stock in each period to be proportional to prices set by firms in the previous period. If firms resetting prices in the current period expect the money supply to be higher in the next period, they will raise their prices because the increase in the money stock in the next period will act to increase their nominal marginal costs in the next period. The expectation of a higher money stock can be selffulfilling because the monetary authority will increase the stock in the next period precisely because prices were raised in the current period. Hence, besides discretionary policy’s having an inflationary bias, the interaction of beliefs and discretionary policy sets off inefficient fluctuations in economic activity. Faia and M onacelli In “Ramsey Monetary Policy and International Rela tive Prices,” Faia and Monacelli examine optimal monetary policy in a two-country New Keynesian model (sticky prices, imperfect competition). The authors use a Ramsey framework, familiar from the optimal-taxation literature, which, they note, is not often deployed in analyses of monetary and exchange rate policy in open economies. The Ramsey approach allows the authors to consider a much more general specification of household preferences than pre viously considered. Moreover, the authors incorpo rate a dynamic specification of price-setting that affords them a more coherent framework for assess ing the benefits of policies that are set according to rules rather than discretion. In the authors’ model, policymakers maximize the welfare of domestic residents subject to the con straints of the competitive economy. Because prices are sticky, policymakers in each country have an incentive to implement policies that manipulate the terms of trade in their own country’s favor (that is, improve the domestic tradeoff between consumption and production by raising the price of home goods relative to that of foreign goods). The authors show that the equilibrium behavior that emerges when domestic policymakers act in such an uncoordinated manner is quite different from that which would obtain if a single “world social plan ner” formulated policy for the two countries. In particular, prices are much less stable than if there were a world social planner. Moreover, only under the coordinated policy would both countries target the same allocation of resources that would occur under flexible prices. The authors indicate three restrictions of the model that could be amended in future work to allow more realistic adjustments in the current account: (1) The law of one price holds continuously, (2) households fully share risk via international financial markets, and (3) households invest in only financial, not physi cal, assets. C o n f e r e n c e Pa p e r s Athey, Susan, Andrew Atkeson, and Patrick J. Kehoe. “The Optimal Degree of Monetary Policy Discretion.” Batini, Nicoletta, Paul Levine, and Joseph Pearlman. “Interdeterminacy with Inflation-Forecast-Based Rules in a Two-Bloc Model.” Bayoumi, Tamim, Douglas Laxton, and Paolo Pesenti. “When Leaner Isn’t Meaner: Measuring Benefits and Spillovers of Greater Competition in Europe.” Benigno, Pierpaolo, and Michael Woodford. “Opti mal Monetary and Fiscal Policy: A LinearQuadratic Approach.” Collard, Fabrice, and Harris Dellas. “The Great Infla tion of the 1970s.” Ehrmann, Michael, and Marcel Fratzscher. “Equal Size, Equal Role? Interest Rate Interdependence between the Euro Area and the United States.” Faia, Ester, and Tommaso Monacelli. “Ramsey Monetary Policy and International Relative Prices.” Galf, Jordi, J. David Lopez-Salido, and Javier Valles. “Understanding the Effects of Government Spend ing on Consumption.” King, Robert G., and Alexander L. Wolman. “Mone tary Discretion, Pricing Complementarity, and Dynamic Multiple Equilibria.” Orphanides, Athanasios, and John C. Williams. “The Decline of Activist Stabilization Policy: Natural Rate Misperceptions, Learning, and Expectations.” Second Conference of the International Research Forum on Monetary Policy 161 A u tho rs Affiliations are as of the time of the conference. Susan Athey Stanford University and National Bureau o f Economic Research Robert G. King Boston University and National Bureau o f Economic Research Andrew Atkeson University o f California-Los Angeles, Federal Reserve Bank o f Minneapolis, and National Bureau o f Economic Research Douglas Laxton International Monetary Fund Nicoletta Batini Bank o f England Tamim Bayoumi International Monetary Fund Pierpaolo Benigno New York University Fabrice Collard Groupe de Recherche en Economie Mathematique et Quantitative (Universite de Toulouse and Centre National de la Recherche Scientifique) Harris Dellas University o f Bern Michael Ehrmann European Central Bank Ester Faia Universitat Pompeu Fabra Marcel Fratzscher European Central Bank Jordi Galf Centre de Recerca en Economia Intemacional and Universitat Pompeu Fabra Patrick J. Kehoe Federal Reserve Bank o f Minneapolis, University o f Minnesota, and National Bureau o f Economic Research Paul Levine University o f Surrey J. David Lopez-Salido Banco de Espana Tommaso Monacelli Innocenzo Gasparini Institute fo r Economic Research (Universita Bocconi) and Centre fo r Economic Policy Research Athanasios Orphanides Board o f Governors o f the Federal Reserve System Joseph Pearlman London Metropolitan University Paolo Pesenti Federal Reserve Bank o f New York and National Bureau o f Economic Research Javier Valles Banco de Espana John C. Williams Federal Reserve Bank o f San Francisco Alexander L. Wolman Federal Reserve Bank o f Richmond Michael Woodford Princeton University □ 162 Profits and Balance Sheet Developments at U.S. Commercial Banks in 2003 Mark Carlson and Roberto Perli, o f the Board’s Division o f Monetary Affairs, prepared this article. Thomas C. Allard assisted in developing the database underlying much o f the analysis. Jason Grimm and Steve Piraino provided research assistance. The U.S. commercial banking industry remained highly profitable in 2003. The return on assets at banks surpassed the previous year’s record level, and the return on equity approached the top of its recent range (chart 1). Banks’ profits and balance sheets were shaped in part by the financial and economic conditions that prevailed during the year. Perhaps most important, monetary policy remained highly accommodative. The Federal Reserve reduced the intended federal funds rate at midyear from an already low level; and with short-term rates anchored by policy, longer-term interest rates, although vola tile, generally remained low (chart 2). Home mort gage interest rates dropped to very low levels in the first half of the year, and yields on many corporate bonds, especially non-investment-grade bonds, fell N o t e . Except where otherwise indicated, data in this article are from the quarterly Reports o f Condition and Income (Call Reports) for insured domestic commercial banks and nondeposit trust companies (hereafter, banks). The data consolidate information from foreign and domestic offices and have been adjusted to take account o f mergers. For additional information on the adjustments to the data, see the appendix in William B. English and William R. Nelson, “Profits and Balance Sheet Developments at U.S. Commercial Banks in 1997,” Federal Reserve Bulletin, vol. 84 (June 1998), p. 408. Size categories, based on assets at the start of each quarter, are as follows: the ten largest banks, large banks (those ranked 11 through 100), medium sized banks (those ranked 101 through 1,000), and small banks. At the start o f the fourth quarter of 2003, the approximate asset sizes o f the banks in those groups were as follows: the ten largest banks, more than $92 billion; large banks, $7.2 billion to $92 billion; medium sized banks, $398 million to $7.1 billion; and small banks, less than $398 million. Many o f the data series reported here begin in 1985 because the Call Reports were significantly revised in 1984. Data for 1984 and earlier years are taken from the Federal Deposit Insurance Corpo ration, H istorical Statistics on Banking, 1999. The pre-1985 data reported here are also available on the Internet at www2.fdic.gov/ hsob/index.asp. Data shown in this article may not match data published in earlier years because o f revisions and corrections. In the tables, components may not sum to totals because of rounding. Appendix table A .l reports income statement data for all banks. Appendix table A.2, A -E, reports portfolio composition, income, and expense items, all as a percentage o f overall net consolidated assets. noticeably as risk spreads contracted to the lowest levels in more than five years. This supportive interest rate backdrop, coupled with stimulative fiscal policy, helped broaden and strengthen the economic expansion last year. House hold spending continued to be strong. Low residen tial mortgage rates spurred home sales to record levels, and mortgage refinancing swelled. Low inter est rates, along with the attractive incentives for automobile purchases, contributed to a pickup in spending on consumer durables. Also, many corpo rations took advantage of attractive costs of funds to strengthen their balance sheets, often by issuing long term debt and using the proceeds to pay down com mercial paper and bank loans. The pickup in aggre gate spending, together with continued favorable productivity trends, boosted corporate profits. And in the second half of the year, brighter business prospects finally began to show through to equip ment spending, which had been anemic for several quarters. These economic developments left an imprint on banks’ balance sheets. The strength of the housing market and the record levels of refinancing activity boosted the share of total bank assets accounted for by residential mortgages and mortgage-backed secu rities to 28.5 percent by the end of 2003. Business loans declined for the third consecutive year as busi nesses used the proceeds of bond issuance to pay 1. Measures of bank profitability, 1985-2003 Percent Percent 163 2. Selected interest rates, 1999-2004:Q1 Percent Ten-year Treasury security Intended federal funds rate High-yield bonds M oody’s Baa corporate bond Thirty-year fixed mortgage _ _J_______ I ______ 1 S o u r c e . Data are monthly. For the intended federal funds rate, Federal Reserve Board (www.federalreserve.gov/fomc/fundsrate.htm); for Treasury security rates, mortgage rate, and Moody’s bond rates, Federal Reserve Board, Statistical Release H.15, “Selected Interest Rates” (www.federalreserve.gov/releases/hl5); for high-yield bond rates, Merrill Lynch Master II index. down short-term debt and financed many of their investment outlays with internal funds. But the runoff was slower in 2003 than in 2001 and 2002, and as equipment spending recovered and inventories were built up late in the year, demand for business loans showed signs of turning around. Inflows of core deposits remained strong, as deposit rates fell less than market yields and households responded to the low opportunity cost of holding liquid assets. Economic developments also significantly affected banks’ profitability. The wave of residential mortgage refinancing led to a surge in income from fees associ ated with the origination, sale, and servicing of these loans. An elevated level of corporate bond issuance supported investment banking income. Debt refinanc ing led to a reduction in borrowers’ debt-service burdens, which in turn lowered delinquency rates. The decline in interest rates, especially during the first half of the year, allowed banks to realize gains by selling some of their investment securities; how ever, it also likely contributed to a further narrowing of net interest margins. With increasing business profitability and lower business debt-service burdens, delinquency rates on commercial and industrial loans, which had risen in the previous three years, dropped back notably. Because of lower residential mortgage interest rates and increased house prices, households could extract equity from their homes by taking out cash through either refinancing or home equity loans; the proceeds were used partly to pay down higher-rate debt. With the credit quality of their loan portfolios improv ing considerably during the year, banks were able to reduce loan-loss provisions; such reduction was a substantial contributor to the increase in bank profitability. The number of commercial banks in the United States moved down to 7,825 at the end of 2003 from 7,936 a year earlier—the smallest decrease in more than a decade (chart 3).1 The decline occurred as the number of mergers—which fell to 245, also the smallest number in more than a decade—continued to exceed the number of new bank charters, which was slightly higher last year. According to the Fed eral Deposit Insurance Corporation, only three banks failed in 2003. These banks held $1.1 billion in assets at the time of failure, a tiny fraction of industry assets and less than half the assets at failed banks during 2002. The shares of industry assets held by 1. This count of commercial banks may vary slightly from mea sures, such as those in the Federal Reserve’s Annual Report, that are based on the definition of a bank given in the Bank Holding Company Act and implemented in the Federal Reserve’s Regulation Y. 3. Number of banks and share of assets at the largest banks, 1985-2003 Number — — Largest 100 16 60 40 Largest 10 20 I I 1 I I I I I I 1 I I I i I I I I I I 1985 1988 1991 1994 1997 2000 N o t e . For the definition of bank size, see the text note. 2003 164 Federal Reserve Bulletin □ Spring 2004 the 10 largest banks and 100 largest banks both edged up 1 percentage point, to 44 percent and 75 percent respectively. Mergers were also restrained at the bank holding company (BHC) level. Top-tier BHCs—that is, BHCs that are not a subsidiary of another BHC—increased by 17, to 5,152: The number of newly formed BHCs slightly exceeded the number of mergers. The share of assets held by the top fifty BHCs was about 73.7 percent. The number of domestic financial hold ing companies, a subset of BHCs with a greater scope of allowed activities under the Gramm-Leach-Bliley Act, ticked down to 601, and the share of BHC assets held by these financial holding companies moved down to 89.5 percent.2 BALANCE SHEET DEVELOPMENTS Total bank assets grew 7.2 percent in 2003, about 1 percentage point less than the growth of total domestic nonfinancial debt (table l).3 With low mort gage rates and a strong housing market, mortgagebacked securities and residential real estate loans were among the major drivers supporting asset growth. The advances in those components more than compensated for the continued runoff in com mercial and industrial loans, which declined for the 2. The Federal Reserve Board provides quarterly reports on the condition o f the banking industry from the perspective of bank hold- 1. ing companies that file report FR Y-9C/FR Y -9LR Publication o f these reports started in the winter 2004 issue of the Federal Reserve Bulletin. 3. The adoption of FASB Interpretation No. 46, or FIN 46, boosted asset growth last year, but the effect was likely less than 1 percentage point (see box “The Effects of FASB FIN 46 on Banks’ Balance Sheets” ). Annual rates of growth of balance sheet items, 1994-2003 Percent Memo: Item Assets .............................................................. Interest-earning assets .............................. Loans and leases (n e t).......................... Commercial and industrial ............. Real estate ......................................... Booked in domestic offices......... One- to four-family residential ........................ Other ......................................... Booked in foreign offices ........... Consumer........................................... Other loans and leases ..................... Loan-loss reserves and unearned incom e...................... Securities................................................. Investment account .......................... U.S. Treasury ................................ U.S. government agency and corporation obligations........ Other ............................................... Trading account ................................ Other ...................................................... Non-interest-earning assets...................... 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Dec. 2003 (billions of dollars) 8.06 5.28 9.82 9.34 7.94 7.68 7.57 7.80 10.58 12.25 8.28 8.43 6.10 5.79 8.12 7.24 5.45 5.51 9.23 8.67 5.34 12.02 9.30 9.53 8.26 8.28 8.89 12.94 7.99 7.97 5.44 5.84 8.04 7.88 12.22 12.36 8.75 8.65 9.24 8.54 10.74 11.02 5.12 3.96 1.82 -6.73 7.94 8.02 7.20 7.54 5.90 -7.29 14.43 14.85 7.20 7.29 6.53 -4.56 9.77 9.68 7,456 6,432 4,259 863 2,249 2,214 10.14 4.38 18.35 15.89 5.29 10.01 6.21 2.81 9.86 14.22 4.66 6.75 3.18 4.90 22.28 9.67 9.32 .34 -2.19 -7.91 6.36 10.29 8.79 .99 13.95 9.70 16.06 6.28 -1.47 6.71 9.28 13.30 -1.62 8.05 6.99 5.70 10.96 3.97 4.17 -2.00 19.85 8.81 -7.41 6.58 -.26 10.04 9.21 15.52 9.33 8.35 1,267 946 36 710 513 -2.27 -4.14 -1.73 n.a. .38 .56 -1.58 -19.21 -.06 .86 -1.10 -14.28 -.50 8.85 8.66 -8.85 3.47 8.40 12.06 -25.17 2.35 5.11 6.68 -1.89 7.97 6.33 2.82 -32.74 13.17 7.25 8.91 -40.25 5.74 16.20 13.54 41.92 -2.72 9.43 8.70 14.18 77 1,662 1,422 72 n.a. n.a. -20.46 3.30 31.62 6.42 4.19 18.51 8.61 6.05 3.63 1.83 14.44 1.04 8.28 14.18 11.20 10.00 38.55 13.03 17.00 26.99 -13.32 3.80 8.12 1.83 20.90 -6.93 -8.37 2.90 3.71 13.38 37.16 10.29 9.44 12.89 12.18 -3.72 13.00 12.81 18.10 2.72 36.02 -2.91 5.11 9.66 5.99 14.03 6.93 6.60 903 447 240 511 1,024 8.31 -.15 -.31 -.0 6 17.53 7.20 3.94 -3.11 8.35 10.56 5.96 4.13 -3.44 8.35 9.66 9.12 4.52 -4.55 9.04 13.84 8.14 7.04 -1.41 10.73 9.64 5.58 .23 -8.98 3.80 15.54 8.58 7.53 -1.31 10.54 8.77 4.46 10.55 10.20 10.66 -2.71 7.13 7.58 -5.12 11.42 5.36 7.25 7.12 2.19 8.39 7.24 6,781 3,666 716 2,949 2,605 Liabilities........................................................ Core deposits ............................................. Transaction deposits ............................ Savings and small time deposits......... Managed liabilities' .................................. Deposits booked in foreign offices ............................................. Large tim e............................................... Subordinated notes and debentures ..................................... Other managed liabilities ..................... Other ............................................................ 30.89 8.73 5.13 19.60 4.27 21.17 11.13 20.15 8.71 9.09 14.60 14.19 7.79 19.37 -10.92 -3.65 4.49 5.05 12.63 1.43 741 579 9.23 12.80 79.17 6.61 11.52 20.48 17.74 8.21 2.60 21.05 12.23 23.79 17.00 9.97 8.59 5.07 17.76 -6.37 13.98 3.89 15.39 9.56 2.48 3.11 -.59 6.59 13.55 5.84 7.15 8.30 100 1,186 511 Equity capital ................................................ 5.23 12.04 7.74 10.45 9.58 3.92 10.65 12.32 7.84 6.63 674 Memo Commercial real estate loans 2 ..................... Mortgage-backed securities ........................ 4.02 n.a. 6.32 .66 7.67 2.06 10.13 14.16 11.37 22.12 15.42 -3.34 12.15 3.28 13.10 29.06 6.82 15.56 9.01 10.09 944 761 Note. Data are from year-end to year-end. 1. Measured as the sum of deposits in foreign offices, large time deposits in domestic offices, federal funds purchased and securities sold under repurchase agreements, demand notes issued to the U.S. Treasury, subordinated notes and debentures, and other borrowed money. 2. Measured as the sum of construction and land development loans secured by real estate; real estate loans secured by nonfarm nonresidential properties; real estate loans secured by multifamily residential properties; and loans to finance commercial real estate, construction, and land development activities not secured by real estate. Profits and Balance Sheet Developments at U.S. Commercial Banks in 2003 third straight year as nonfinancial firms relied heavily on capital markets and internal funds to finance their activities. Overall, total loans and leases increased 6.5 percent, and securities expanded 9.4 percent. On the liability side of the balance sheet, banks were again able to attract strong inflows of core deposits, especially into savings and money market deposit accounts, because banks reduced deposit rates less than money market yields declined; conse quently, the opportunity costs for households of hold ing liquid deposits fell further. Nonetheless, banks also had to increase their managed liabilities to finance asset growth. Banks continued to add to their capital in 2003, and their overall capital positions remained robust. While equity capital increased somewhat more slowly than assets did, risk-based regulatory capital ratios still edged up a bit, an uptick driven both by a shift in asset composition toward assets with low risk weights— such as government and agency-related mortgage-backed securities and residential real estate loans—and by the brisk expansion of tier 1 capital. Loans to Businesses Commercial and industrial (C&I) loans declined 4.6 percent in 2003, a fair bit less than in 2001 and 2002.4 Issuance of bonds, particularly those rated below investment grade, was strong last year, as low interest rates and declining risk spreads offered cor porations the opportunity to lock in low-cost long term financing. The proceeds were used, in part, to pay down short-term obligations, including C&I loans. Because the customers of large banks are more likely to be large corporations with access to bond markets, the erosion in C&I lending was concen trated at large banks (those ranked in the top 100 in terms of assets, which account for about three-fourths of total C&I loans). At smaller banks, on a mergeradjusted basis, commercial loan portfolios actually expanded, although their growth was about flat before adjustment. The improved profitability of nonfinancial firms also damped loan demand, as substantial gains in profits outpaced the growth of firms’ capital expen ditures; consequently, the financing gap—the differ ence between investment outlays and internally generated funds—fell and became negative in 2003 (chart 4). A boost in inventory spending by nonfinan4. For a more detailed analysis of recent trends in C&I lending, see William Bassett and Egon Zakrajsek, “Recent Developments in Busi ness Lending by Commercial Banks,” Federal Reserve Bulletin, vol. 89 (December 2003), pp. A ll-9 2 . 4. 165 Financing gap at nonfarm nonfinancial corporations, 1991-2003 Billions o f dollars N o t e . The data are four-quarter moving averages. The financing gap is the difference between capital expenditures and internally generated funds. S o u r c e . Federal Reserve Board, Statistical Release Z .l, “Flow of Funds Accounts of the United States,” table F. 102 (www.federalreserve.gov/ releases/zl). cial firms late last year, however, likely helped limit the contraction in business loans. Responses to the Senior Loan Officer Opinion Sur vey on Bank Lending Practices (BLPS) also suggest that the drop in aggregate business loans resulted primarily from decreased demand. Survey responses, especially early in the year, often pointed to weak investment and inventory spending by businesses and to the shift to other forms of financing as factors explaining the drop in C&I loans. However, the mar gin by which respondent banks reporting decreases in demand exceeded those reporting increases in demand diminished over 2003, and a small net frac tion reported stronger demand in the January 2004 BLPS (chart 5, top panel). According to respondent banks, the strengthening of demand was spurred by spending on plant and equipment and by increased funding needs to finance accounts receivable and inventories. Supply conditions apparently played only a sec ondary role in the weakness of C&I loans. In the first part of 2003, banks reported tightening both stan dards and terms somewhat; but by the end of the year, a substantial net fraction of respondents had begun easing terms, and in the January 2004 BLPS a signifi cant net fraction reported easier standards (chart 5, bottom panel). The reasons cited most often for the increased willingness to lend were more-aggressive competition from other banks and nonbanks and an improved economic outlook. According to the Sur vey of Terms of Business Lending (STBL), banks also appeared to perceive a reduction in the risk of their C&I borrowers for most of the year, a pos- 166 Federal Reserve Bulletin □ Spring 2004 5. Supply and demand conditions for C&I loans at selected banks, large and medium-sized borrowers, 1999:Q1-2004:Q1 6. Supply and demand conditions for commercial real estate loans at selected banks, 1999:Q1-2004:Q1 Percent Percent Net percentage o f banks reporting increases in demand Net percentage o f banks reporting increases in demand Net percentage o f banks that tightened standards Net percentage o f banks that tightened standards — 60 N o t e . Data are quarterly. Net percentage is the percentage of banks reporting an increase in demand or a tightening o f standards less, in each case, the percentage reporting the opposite. The definition for firm size suggested for, and generally used by, survey respondents is that large and medium-sized firms have sales greater than $50 million. S o u r c e . Federal Reserve Board, “Senior Loan Officer Opinion Survey on Bank Lending Practices.” sible sign of banks’ increasingly positive assessment of economic prospects. The shift may also have reflected banks’ reduced willingness to lend to riskier customers. Supporting this interpretation, the trend toward lower loan risk ratings was partially reversed in the February 2004 STBL as some banks were easing lending standards. Unlike C&I loans, commercial real estate (CRE) loans continued to expand solidly in 2003. Growth in loans secured by nonfarm nonresidential properties was only slightly lower than in 2002. Despite persistent high vacancy rates and declining rates in the market for office rentals, growth of loans for construction and land development nearly doubled last year. Growth in the other components of CRE lending—including loans secured by multifamily properties and by farmland—remained brisk at about the same pace as that of the previous year. As has been the pattern for the past several years, CRE loans grew much faster at smaller banks: At the top 100 banks, such loans grew only 2.6 percent; at banks ranked outside the top 100, they expanded more than 16 percent. At the end of 2003, as a result, smaller banks held more total CRE loans in aggregate than did larger banks. According to responses to the BLPS, which sur veys mainly large banks, changes in both the demand N o t e . See notes to chart 5. S o u r c e . Federal Reserve Board, “Senior Loan Officer Opinion Survey on Bank Lending Practices.” for and the supply of CRE loans improved in 2003. In a pattern similar to that for C&I loans, the net per centages of banks reporting an increase in demand and an easing of lending standards on CRE loans turned positive in the January 2004 BLPS (chart 6). Also, some banks—about 20 percent of the respon dents, on net—increased the maximum size of the CRE loans that they were willing to extend during 2003, according to responses to a special question in the January 2004 BLPS. A similar percentage indi cated that they became willing to provide CRE loans with longer maturities. As was the case for C&I loans, the most frequently cited reasons for easing terms were more-aggressive competition from other commercial banks or nonbank lenders and improved conditions in, and outlook for, the commercial real estate market. Loans to Households Lending to households grew rapidly in 2003; the strong pace reflected robust consumer spending, the high level of housing activity, and a surge of mort gage refinancing that occurred in the first half of the year caused by a drop in long-term interest rates. Indeed, the Mortgage Bankers Association’s index of refinancing activity rose at midyear to levels even higher than the peaks seen in 2001 and 2002 (chart 7). In this environment, banks continued to briskly expand both their revolving home equity and Profits and Balance Sheet Developments at U.S. Commercial Banks in 2003 7. Index of home mortgage refinancing activity, 1991-2003 Index: January 4, 1991 = 1 Note. Data are weekly. Source. Mortgage Bankers Association. their other one- to four-family mortgage lending in the first two quarters of 2003. As bond yields and mortgage rates rebounded sharply starting in mid-June, however, the demand for one- to four-family mortgages appeared to decline, consistent with responses to the October 2003 and January 2004 BLPSs (chart 8). Given the continued brisk pace of home sales, however, much of the fall in reported demand presumably reflected the drop-off in refinancing rather than a decline in the demand for mortgages to purchase homes. But because of the decline of mortgage originations from their previous record pace and the resulting reduction in mortgage loans temporarily held for later sale in 8. 167 the secondary market, residential mortgage loans on banks’ balance sheets actually contracted in the fourth quarter. Revolving home equity loans, how ever, continued to grow swiftly. One reason for their rapid growth was the sustained increase in residential real estate values. Another possible reason is that most home equity loans carry variable interest rates— tied to short-term rates—that remained very low last year and even declined a bit in the second half after the easing of monetary policy in June. On net, total residential mortgage loans on banks’ books expanded 10 percent in 2003. As in 2002, the expansion was accompanied by a reduction of close to 19 percent in the volume of residential mortgages securitized or sold, but for which banks retained servicing rights or provided credit enhancements. Because banks do not report securitized loans for which they provide neither servicing rights nor credit enhancements, a portion of the decline in reported securitizations may simply reflect a relative increase in loans securitized without recourse. 9. Net percentage of selected banks tightening standards for consumer lending, 1996:Q1-2004:Q1 Consumer loans other than credit cards Net percentage of selected banks reporting stronger demand for residential mortgages, 1990:Q4-2004:Q1 Percent Credit card loans 1998 Note. Data are quarterly. Net percentage is the percentage of banks that reported stronger demand less the percentage that reported weaker demand. Source. Federal Reserve Board, “Senior Loan Officer Opinion Survey on Bank Lending Practices.” 2002 2004 Note. Data are quarterly. Net percentage is the percentage of banks that reported tighter standards less the percentage that reported easier standards. Source. Federal Reserve Board, “Senior Loan Officer Opinion Survey on Bank Lending Practices.” 168 Federal Reserve Bulletin □ Spring 2004 Many households that refinanced mortgages report edly cashed out some of the equity in their homes. The proceeds were likely used, at least in part, to pay down higher-cost consumer debt and to fund purchases of durable goods. Consumer loans rose 9.3 percent for the year; however, that aggretate rate was boosted significantly by a large bank’s purchase of a sizable credit card portfolio from a nonbank financial institution. Excluding that transaction, the expansion in consumer loans on banks’ books, at about 5 percent, was fairly modest given the robust pace of consumer spending last year. Besides pay downs from cash-out refinancing, the brisk expan sion in consumer loans that were securitized—mostly credit card receivables—and for which banks retained servicing rights or provided credit enhancements may have restrained the growth rate. As with businesses, banks maintained a cau tious lending posture toward households in 2003. Responses to the BLPS showed that the net percent age of banks that reported tightening standards for all types of consumer loans was never negative during the year (chart 9). This increased watchfulness likely contributed to the restrained growth in consumer loans last year and probably to the drop in consumer loan delinquency rates. Although banks eased con sumer loan terms in the first part of the year, the October 2003 and January 2004 BLPS indicated that they subsequently tightened them. Other Loans and Leases Other loans and leases reported on banks’ balance sheets grew 8.4 percent in 2003. Much of the increase, however, was apparently attributable to the new reporting requirements under FIN 46, as many of the assets previously held off balance sheet in variable-interest entities that were consolidated onto banks balance sheets during 2003 were classified in the “other loans” category (see box “The Effects of FASB FIN 46 on Banks’ Balance Sheets” ). The Effects of FASB FIN 46 on Banks’ Balance Sheets In January 2003, the U.S. Financial Accounting Standards Board (FASB) issued Interpretation No. 46, “Consolidation of Variable Interest Entities,” or FIN 46. Under this inter pretation, business enterprises, including banks, must con solidate onto their balance sheets the assets and liabilities of certain variable-interest entities (VIEs). VIEs are legal enti ties that are usually created for a specific purpose, such as securitizing assets. For example, banks commonly sponsor asset-backed commercial paper conduits, which purchase assets from several corporations and then issue to investors commercial paper backed by those assets. Under the rules in effect before FIN 46, consolidation was generally determined by majority voting control. It is possible, however, for the sponsor to be exposed to the risk and return associated with a VIE without having majority voting control. In an effort to remedy the perceived defi ciency in reporting such exposures, FIN 46 requires a company to consolidate the assets and liabilities of any VIE of which it is deemed to be the “primary beneficiary.” The primary beneficiary of a VIE is the one that absorbs a majority of the entity’s expected losses, if they occur; receives a majority of the expected residual returns, if they occur; or both. The primary beneficiary need not have majority voting control of the VIE. Also, a company must disclose, although not consolidate, VIEs in which it has a significant variable interest. For the purposes of FIN 46, a variable interest is defined as an interest that is subject to and fluctuates with the VIE’s net asset value. Examples include equity as well as various types of deriva tives, senior beneficial interests, variable service contracts, and leases. When first released, FIN 46 was scheduled to take effect for most US. companies no later than the beginning of the first interim or annual reporting period that started after June 15, 2003. The rule was later amended, and its required adoption was pushed to the close of the first reporting period ending after December 15, 2003.1 Most large U.S. banks implemented the new rule by the end of 2003. Most small banks are not affected because they do not commonly have interests in VIEs. The effects of FIN 46 on banks’ balance sheets can be estimated from the weekly bank credit data collected by the Federal Reserve and the remarks provided by individual banks on unusual weekly changes in bank credit compo nents. These estimates suggest that, by year-end 2003, US. banks had consolidated roughly $67 billion in assets— less than 1 percent of total assets—that previously had not been reported on balance sheet. The majority of that amount— about $42 billion—was included in the “other loans” cate gory and provided a noticeable boost to that balance sheet component. Another $17 billion was included in the “ secu rities” category, an amount that equaled about 1 percent of investment and trading account securities on banks’ books. Assets were also consolidated under the “C&I loans” cate gory (about $7 billion, less than 1 percent of total C&I loans) and a small amount under “consumer loans.” On the liability side, the vast majority of consolidation was in the ’’other borrowing” category. 1. On December 23, 2003, FASB issued interpretation FIN 46-R, a revision of FIN 46, that clarified some of its provisions, exempted certain entities from its requirements, and reduced the value of VIE assets and liabilities to be consolidated. Profits and Balance Sheet Developments at U.S. Commercial Banks in 2003 While loans to other depository institutions and to states and other political subdivisions increased, lease financing receivables declined for the second straight year. Since many leases are made to busi nesses, the weak performance was likely attributable, in part, to some of the same factors that depressed C&I loans. Securities Securities held on banks’ balance sheets expanded strongly in 2003. At 9.4 percent, the growth rate was less than the extraordinary 16.2 percent of 2002, but it was still the second-highest in the past ten years. Securities in both investment accounts and trading accounts expanded briskly. As a share of total bank assets, securities continued to increase; the rise is an extension of a trend initiated in 2001 (chart 10). Mortgage-backed securities (MBS) held in invest ment accounts posted a solid advance—in excess of 10 percent—for the third consecutive year, and Trea sury and non-mortgage-backed agency securities grew even faster. Banks accumulated MBS at a particularly rapid rate in the first half of the year, as interest rates declined and refinancing picked up. When long-term rates rose sharply in the summer, however, and the pace of refinancing slowed, banks responded by paring back their MBS positions con siderably, and securities reported on their balance sheets actually contracted for the first time since the first quarter of 2001. Growth in banks’ securities holdings resumed, however, as rates stabilized in the fall. 10. Bank holdings of securities as a share of total bank assets, 1991-2003 169 Liabilities Core deposits increased 7.1 percent in 2003. Banks reduced the rates they paid on savings and money market deposit accounts by less than the decline in money market yields. As a result, those liquid deposits grew substantially, rising to more than 38 percent of total domestic liabilities by the end of the year (chart 11). By contrast, yields on small time deposits dropped more sharply than those on liquid deposits last year, a possible factor in the slight acceleration of their ongoing declining trend. Moreover, with market interest rates already low and the stock market recovering from its 2002 trough, some households may have chosen to invest in long-term mutual funds, which experienced strong net inflows last year, rather than locking in the low rates offered by time deposits. Transaction deposits grew a good bit in the first half of the year but then fell in the third quarter as the flows asso ciated with mortgage refinancing slowed substan tially; on net, such deposits rose only a bit during the year. Even with the growth in core deposits, banks expanded their managed liabilities 7.2 percent last year. This increase was especially notable for banks outside the top 100, which experienced stronger growth in assets. Across all banks, deposits booked in foreign offices rose 12.6 percent, while the growth of subordinated notes and debentures, which had been briefly interrupted by a slight contraction the previous year, resumed. Large time deposits edged higher. 11. Selected domestic liabilities at banks as a share of their total domestic liabilities, 1996-2003 Percent — /— -____ — __ Transaction deposits 1 1 1996 1993 1995 N o t e . Data are quarterly. 1997 1999 2001 1 1997 1 1998 1 1999 1 2000 1 1 2001 2002 20 15 — ^— V — 25 — Small time deposits 30 — ' 35 ----- Savings deposits — 1991 ----- — __ 1 " 10 1 1 2003 2003 Note. Data are quarterly. Savings deposits include money market deposit accounts. 170 Federal Reserve Bulletin □ Spring 2004 Capital Banks’ capital positions strengthened further in 2003. Equity capital increased 6.6 percent, slightly less than assets. Paid-in capital rose a good bit, in part as a result of mergers; retained earnings grew notably faster in 2003 than in the previous year, a reflection of banks’ higher profitability and relatively stable dividend payout ratio. By contrast, accumulated other comprehensive income slumped; the decrease was due to the sharp decline in unrealized gains on available-for-sale securities, which occurred in the second half of the year and was likely induced by the turnaround in long-term interest rates. Tier 1 capital increased 7.6 percent for the year, while tier 2 capital increased 2.8 percent. Riskweighted assets grew more slowly than total assets, as the growth of assets with low risk weights, such as agency-related MBS, Treasury securities, and resi dential mortgages, outpaced that of assets with higher risk weights. The tier 1 ratio moved up to just above 10 percent, and the total ratio also rose a bit. The leverage ratio changed little (chart 12).5 The share of 5. Tier 1 and tier 2 capital are regulatory measures. Tier 1 capital consists primarily o f common equity (excluding intangible assets such as goodwill and excluding net unrealized gains on investment account securities classified as available for sale) and certain perpetual pre ferred stock. Tier 2 capital consists primarily of subordinated debt, preferred stock not included in tier 1 capital, and loan-loss reserves up to a cap o f 1.25 percent of risk-weighted assets. Risk-weighted assets are calculated by multiplying the amount of assets and the credit-equivalent amount of off-balance-sheet items (an estimate of the potential credit exposure posed by the items) by the risk weight for each category. The risk weights rise from 0 to 1 as the credit risk of the assets increases. The tier 1 ratio is the ratio of tier 1 capital to risk-weighted assets; the total ratio is the ratio of the sum o f tier 1 and tier 2 capital to risk-weighted assets. The leverage ratio is the ratio of tier 1 capital to average tangible assets. Tangible assets are equal to total assets less assets excluded from common equity in the calcula tion o f tier 1 capital. 12. 13. Assets and regulatory capital at well-capitalized banks, 1991-2003 Percent Share o f industry assets at well-capitalized banks Percentage points Average margin by which banks were w ell capitalized Note. For th d itio s of “w cap e efin n ell italized an of th m ” d e arginby w ich h ban s rem w cap k ain ell italized see te t n te 6 , x o . industry assets held by banks that were considered well capitalized for regulatory purposes was about unchanged and remained near its very high levels of the previous several years. The average margin by which banks were considered well capitalized was substantial, although it edged down a bit from 2002 (chart 13).6 Derivatives The notional principal amount of derivatives con tracts held by banks surged nearly 27 percent in 2003, to about $71 trillion. The market value of a derivatives contract, however, is typically much Regulatory capital ratios, 1991-2003 6. Well-capitalized banks are those with a total risk-based capital ratio o f 10 percent or greater, a tier 1 risk-based ratio o f 6 percent or greater, and a leverage ratio of 5 percent or greater. In addition, supervisors can, when appropriate based on safety and soundness considerations, downgrade a bank’s capital category from well capital ized. To take account o f this possibility, we assume that wellcapitalized banks must have CAMELS ratings o f 1 or 2. Each letter in CAMELS stands for a key element o f bank financial condition— Capital adequacy, Asset quality, Management, Earnings, Liquidity, and Sensitivity to market risks. The average margin by which banks remained well capitalized was computed as follows. Among the leverage, tier 1, and total capital ratios of each well-capitalized bank, the institution’s tightest capital ratio is defined as the one closest to the regulatory standard for being well capitalized. The bank’s margin is then defined as the percentage point difference between its tightest capital ratio and the corresponding regulatory standard. The average margin among all well-capitalized banks— the measure referred to in chart 13— is the weighted average of all the individual margins, with the weights being each bank’s share of the total assets o f wellcapitalized banks. Profits and Balance Sheet Developments at U.S. Commercial Banks in 2003 smaller than its notional value. Banks enter into derivatives contracts both for their own account (to manage their own market and credit risks) and in their role as dealers. When acting in the second role, banks often enter into at least partially offsetting contracts with different counterparties. Such offset ting transactions appear to constitute a substantial fraction of banks’ activities in derivatives. At the end of 2003, the fair market value of contracts with positive value was $1,173 trillion, about unchanged from the previous year, and the fair market value of contracts with negative market value was $1,150 tril lion, slightly more than in 2002. The net fair value was thus $23 billion, down about $4 billion from the year before. Consistent with previous years, large banks held the bulk of derivatives contracts, with the top ten banks by assets accounting for 96 percent of the total. Interest rate swaps—agreements in which two par ties agree to exchange a stream of floating-interestrate payments for a stream of fixed-interest-rate pay ments based on a notional principal amount—are the most common derivatives held by banks. The share of interest rate contracts in the total notional principal amount of all bank derivatives contracts climbed to 59 percent in 2003, up more than 4 percentage points from the previous year. Investors often use interest rate swaps to hedge interest rate risk. The growing presence of interest-sensitive assets, particularly MBS and mortgages, in investors’ portfolios, along with the volatility of long-term interest rates last summer, may have boosted investor demand for inter est rate swaps last year, thereby increasing banks’ holdings of those contracts in their role as dealers in that market. Interest rate futures, forwards, and options; foreign exchange derivatives; and equity derivatives accounted for almost 40 percent of the total notional amount of banks’ derivatives contracts at the end of 2003. The remaining derivatives contracts that banks held were credit derivatives—agreements in which the risk of default of a certain reference entity is trans ferred from one party (the beneficiary) to another (the guarantor). Use of credit derivatives has grown rap idly in recent years, and the notional amount held by banks surged more than 56 percent in 2003, to slightly more than $1 trillion. As is the case for other derivatives, however, banks are both buyers and sell ers of these contracts. At the end of last year, the notional quantity of banks’ positions as beneficiaries amounted to about $530 billion, and their positions as guarantors totaled about $471 billion. On net, therefore, banks were recipients of credit protection, as they have typically been in the past. Like other 171 derivatives, the market for credit derivatives is domi nated by the largest institutions, with the top ten banks by assets holding almost 96 percent of the total notional amount outstanding. However, the share held by banks outside the top ten, while still quite small, nearly doubled in 2003; on balance, those banks are also net receivers of credit protection. Tr e n d s in P r o f it a b il it y The banking industry continued to be very profitable in 2003. Bank’s return on assets rose to 1.40 percent, surpassing last year’s record. Return on equity (ROE) increased to 15.3 percent, up about 90 basis points from the previous year. Profitability was especially strong at the ten largest banks, where ROE jumped 2.8 percentage points, to 16 percent, the highest level since 1993. While the largest banks stood out, banks of all sizes posted high returns. The proportion of banks with negative net income declined for the second consecutive year, to 6 percent, and these banks held only 0.7 percent of industry assets, the lowest share since 1997. The improvement in profitability last year reflected a reduction in expenses and an increase in some income items. Better credit quality—which was due in part to low interest rates, the strengthening econ omy, and improved corporate profitability—allowed banks to substantially reduce loss provisioning. The reduction in loss provisioning was most pronounced at the ten largest banks, where it had increased the most in recent years, and contributed significantly to their exceptional performance last year. Non-interest expense grew at a moderate pace as banks held down the growth of non-salary-related expenses. Non-interest income rose at its fastest rate since 1999 because of increased earnings from the sale and secu ritization of loans as well as from fees for fiduciary and investment banking services. Realized gains on securities continued to boost income, particularly as medium-term and long-term interest rates fell in the first half of the year. Profitability was restrained, however, by a further narrowing of net interest margins. Bank profitability was notably affected in 2003 by the wave of debt refinancing by households and busi nesses that resulted from the decline in long-term interest rates. Fees associated with the origination, sale, and servicing of refinanced residential mort gages bolstered banks’ non-interest income. Under writing income increased as businesses issued bonds to lock in long-term financing at favorable rates and to pay down C&I loans and other short-term debt. 172 14. Federal Reserve Bulletin □ Spring 2004 Indexes of bank stock prices and the S&P 500, 2001-March 2004 January 2003 = 100 With the strong profitability, bank holding company stocks considerably outperformed the S&P 500 dur ing 2003 (chart 14). Subordinated debt spreads of the largest banks, which had risen in 2002 because of concerns about large banks’ exposure to major corpo rate bankruptcies, narrowed markedly in 2003 and ended the year at quite low levels (chart 15). Interest Incom e and Expense Top 50 banks Top 225 banks 2004 Note. Data are monthly. Banks are ranked by market value, and stock prices are weighted by market value. Source. Standard & Poor’s and American Banker. The resultant strengthening of household and busi ness balance sheets contributed to marked declines in delinquency and charge-off rates and loan-loss pro visioning. At the same time, however, the lowered interest payments on residential mortgages and lost earnings on paid-off C&I loans held down banks’ interest income and contributed to the narrowing of net interest margins. Robust earnings allowed dividend payments, made primarily to parent holding companies, to grow at double-digit rates for the second consecutive year even as dividends were little changed as a share of net income. As noted earlier, however, retained earn ings also grew rapidly and boosted equity capital. 15. Average subordinated debt spread at selected bank holding companies, 1999:Q1-2004:Q1 Basis points The fall in the average rate earned on banks’ assets exceeded the decline in the average rate paid on their liabilities last year, and net interest margins narrowed further. At about 3.8 percent, the industry net interest margin—defined as net interest income as a percent age of interest-earning assets—reached its lowest level in more than a decade (chart 16). However, the downward slide in net interest margins, which began in the first quarter of 2002, reversed a little during the final quarter of 2003 with the rise in market interest rates. The declines in rates earned by banks were most pronounced for household assets, a reflection of the heightened pace of mortgage refinancing. Besides depressing yields on residential mortgages and on MBS, cash-out refinancing and home equity borrow ing enabled households to pay down some higheryielding consumer loans. Rates earned on credit card loans moved down less than those on other consumer loans, possibly as contractual interest-rate floors on these loans became binding. As a result, banks that specialized in credit card loans had smaller declines in their net interest margins than did other banks during 2003, and their profitability increased by more than that of the industry as a whole. Credit card 16. Net interest margin, for all banks, 1985-2003 Percent Note. Data are quarterly. Spreads are for twelve large bank holding companies and are weighted by 2003:Q4 assets. Spreads are over comparable Treasury securities. Source. Merrill Lynch bond data. 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 Note. Net interest margin is net interest income divided by average interest-earning assets. Profits and Balance Sheet Developments at U.S. Commercial Banks in 2003 173 The Role of Non-Interest-Bearing Instruments in the Net Interest Margin For most of the past fifteen years, the net interest margin has moved fairly closely with the slope of the yield curve (chart A), a relationship that reflects banks’ intermediation across maturities. The recent decline in the net interest margin while the yield curve has remained steep represents a substantial divergence from this pattern. To help understand this development, we decompose the net interest margin into two parts (figure). One component is the spread between the average return on bank assets and the average rate paid on interest-bearing liabilities times the share of interest-earning assets funded by these liabilities. The second component is the average rate on assets times the share of assets funded with non-interest-bearing liabili ties and capital (calculated as 1 minus the share of interestearning assets funded by interest-bearing liabilities). The second component depends on the level of the return on bank assets rather than the spread between the average rate on assets and the average rate on liabilities since noninterest-bearing instruments, by definition, have no explicit interest expense. Last year, about 15 percent of interestearning assets were funded with non-interest-bearing instruments.1 The sharp decline in interest rates to historically low levels over the past few years reduced the contribution of the second component to the net interest margin (chart B). This decrease accounted for slightly less than half of the reduction in the net interest margin in 2003 and has accounted for a somewhat larger fraction of the decline since the end of 2001. Although the first component decreased between 2002 and 2003, it remained above its level in the late 1990s, when the yield curve was signifi cantly flatter. Thus, the recent decline in the net interest margin reflected importantly the decline in the level of interest rates, whereas the steep yield curve continued to support the net interest margin. A. Net interest margin and the slope of the yield curve, 1989-2003 Percentage points Perci Note. Data are quarterly. The net interest margin is net interest income as a share of average interest-earning assets. The slope of the yield curve is the difference between the average ten-year Treasury yield and the three-month bill yield. The slope of the yield curve is lagged one quarter. S o u r c e . Call Report and Federal Reserve Board, Statistical Release H.15, “Selected Interest Rates” (www.federalreserve.gov/releases/hl5). B. Components of net interest margin, 1997-2003 First component Second component 1. While the separation of the net interest margin into these two compo nents provides some useful insights about the importance of the level of interest rates and banks’ funding mix, it describes only one facet of a bank’s overall interest rate sensitivity. Perhaps especially when interest rates are very low, banks’ earnings can be affected by balance sheet shifts, including shifts in the composition of funding. 1997 1998 1999 2000 2001 2003 Note. Data are annual. The sum of the two components is the net interest margin. Decomposition of the net interest margin Net interest margin = 2002 net interest income interest-earning assets = (rate earned - rate paid) x interest-bearing liabilities interest-earning assets First component + (rate earned) x 1- interest-bearing liabilities interest-earning assets Second component 174 lending also played a role in raising net interest margins for the industry during the fourth quarter. Not only did the rate of return on these loans pick up, but also the share of bank assets accounted for by these loans rose, an increase that was due largely to the purchase of a nonbank’s credit card portfolio. Also helping to boost net interest margins during the fourth quarter was some recovery in the yield on MBS, which reflected the rise in mortgage rates and the reduced pace of refinancing.7 Banks were asked on the August BLPS what poli cies with respect to their C&I loans they had adopted in response to the pressure on their net interest mar gins. More than 60 percent of the survey panel indi cated that they had increased fees for these loans, a factor that may have contributed to the rise in non-interest income last year. Another 45 percent of respondents indicated that they had made increased use of interest rate floors, which would restrain the decline in rates earned on variable rate loans. Never theless, the effect of such floors appears to have been limited. About 90 percent of respondents indicated that fewer than 15 percent of their C&I loans had interest rate floors. Furthermore, almost 70 percent of banks reported that, despite the low level of interest rates, the floors were binding for less than 20 percent of the loans having them. The smaller reduction in average rates paid on liabilities relative to the average rate earned on assets last year reflected in part the sluggish adjustment of rates paid on interest-bearing liquid deposits, which includes interest-bearing checkable deposits, savings deposits, and money market deposit accounts. With rates on these deposits already quite low, banks may have been hesitant to push them further toward zero, especially at a time when assets were growing briskly. Partly countering this tendency for average deposit rates to decline slowly was a substitution of liquid deposits, which expanded rapidly, for higherrate small time deposits, which ran off. Net interest margins were also held down because low interest rates reduced the funding advantage offered by noninterest-bearing funding instruments (See box “The Role of Non-Interest-Bearing Instruments in Net Interest Margins.” ) Non-interest Incom e and Expense Non-interest income increased to a record 44 percent of total revenue in 2003, up from 42 percent during the preceding year (chart 17). Important contributors were gains from the sales of loans, especially during the third quarter, and a rise in securitization activity, both of which were likely related to new residential mortgages created by the surge in refinancing last summer. Non-interest income also benefited from investment banking activities as fees and commis sions from underwriting securities grew smartly in 2003, presumably in part because of strong corporate bond issuance. Fiduciary income expanded during the year, although not as fast as total revenue. Fidu ciary income advanced mainly during the second and fourth quarters, periods coinciding with large gains in equity prices that likely boosted the value of assets held in bank trusts. Trading income also increased in 2003, a rise that probably reflected in part banks’ burgeoning derivatives activities. Deposit fee income continued to grow in 2003, but the rate of expansion was a bit slower than during previous years despite the rapid growth of deposits. Indeed, the ratio of fees to deposits, which had previously risen or held about 17. Income items as a share of revenue, 1985-2003 Percent Non-interest income ------45 — 40 — 35 — 30 — 25 Percent Other non-interest income 7. The increase in the rate o f return on MBS in the fourth quarter in response to the rise in interest rates reflects in part the way in which banks record income related to their securities. Banks are required to amortize premiums paid for MBS over the expected life of the securities and deduct this amount from interest income. The rise in mortgage rates during the latter part o f the year increased the expected life o f these securities, which lengthened the amortization period and reduced the amount to be deducted. Fiduciary income + trading income Deposit fees I I I I I 1 I 1 I I I I 1 I I I I I I I 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 175 18. Ratio of deposit fee income to total domestic deposits, 1985-2003 Percent of bank employees rose at about the average rate of the past five years. The ratio of expenses for banks’ premises to total revenue continued to be little changed. Other components of non-interest expense grew, but at a slower pace than total revenue. Loan Perform ance and Loss Provisioning steady in every year during the past two decades, dropped back somewhat in 2003 (chart 18). Non-interest expense grew moderately during 2003 and ticked up slightly relative to total revenue, a partial reversal of the sharp decline of the previous year (chart 19). The growth in non-interest expense was due mainly to higher pay per employee, which advanced at its fastest pace since 1996. The number 19. Non-interest expense as a proportion of revenue, 1985-2003 Percent Total Components (fifei■ With interest rates low and the economic expansion gaining traction during the year, credit quality improved considerably in 2003. Delinquency rates for nearly all types of loans and leases fell, and by year-end the delinquency rate for all loans and leases was near the low levels of the late 1990s. C&I loans showed the largest improvement, with much of the deterioration posted in the previous few years being reversed. Overall, charge-off rates also moved down significantly but remained above the average level of the middle and late 1990s. C&I Loans The delinquency rate on C&I loans fell 1 full percent age point during 2003, to 2.9 percent in the fourth quarter, the lowest level since the first quarter of 2001 (chart 20). The improvement was particularly notable at the largest 100 banks, where delinquency rates had risen the most. Charge-off rates on these loans also moved down sharply throughout the year. Respondents to the April 2003 BLPS pointed to lower debt-service burdens as the most important reason for the stabilization in C&I loan quality. Firms’ restructuring of balance sheets to take advan tage of low interest rates, as well as the rebound in corporate profits, resulted in a notable decline in business debt-service burdens (chart 21). Banks also cited their own aggressive tightening of lending stan dards and terms during previous years as a reason for a reduced incidence of problem loans. Indeed, banks first reported tightening C&I loan standards in 1998, before delinquency rates had begun to rise, and they had tightened standards further, on net, until recently. Sales by banks of their adversely rated loans to nonbanks was also a likely factor holding down delin quency rates, but charge-offs may have been boosted as banks booked losses on the loans being sold.8 Of the largest banks that responded to the October 2003 BLPS, more than 90 percent stated that they had sold at least some adversely rated credits in the secondary Premises and fixed assets 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 8. Adversely rated loans are loans rated as special mention or classified as substandard, doubtful, or loss. When a bank sells a problem asset, it must charge off the difference between the book value and the selling price. 176 20. Federal Reserve Bulletin □ Spring 2004 Delinquency and charge-off rates for loans to businesses, by type of loan, 1991-2003 21. Debt burdens and financial obligations for businesses and households, 1985-2003 Percent Delinquencies Percent — - Debt burden for nonfinancial corporations — 22 Commercial real estate I 1 I 1 I I I I 1 I I I I i 1 I 1 I I I I 1 Percent Financial obligations ratio for households N o t e . Data are quarterly and seasonally adjusted. Delinquent loans are loans that are not accruing interest and those that are accruing interest but are more than thirty days past due. The delinquency rate is the end-of-period level of delinquent loans divided by the end-of-period level o f outstanding loans. The net charge-off rate is the annualized amount o f charge-offs over the period, net o f recoveries, divided by the average level of outstanding loans over the period. loan market during the previous two years, and 17 percent reported having sold at least 10 percent of such loans. BLPS respondents reported that many of these loans had been sold to investment banks and other nonbank financial institutions. Consistent with this report, the Shared National Credit Survey shows a substantial increase in the share of adversely rated loan commitments held by nonbank lenders in recent years. Commercial Real Estate Loans Both delinquency and charge-off rates on commercial real estate loans moved down during 2003, although rents on office buildings declined further and vacancy rates remained elevated. Banks reported on the April 2003 BLPS that the high credit quality of commercial real estate loans reflected the reduction in borrowers’ debt-service burdens through refinancing and the N o t e . Data are quarterly. The debt burden for nonfinancial corporations is calculated as interest payments as a percentage of cash flow. The financial obligations ratio for households is an estimate of the rate of debt payments and recurring obligations of households to disposable personal income; debt payments and recurring obligations consist of required payments on outstanding mortgage and consumer debt, as well as rent, auto leases, and property taxes. S o u r c e . National income and product accounts and the Federal Reserve System. tightening of lending terms, including a lowering of loan-to-value ratios. (See box “Quality of Com mercial Real Estate Loans” for a more detailed discussion.) Loans to Households Household credit quality also improved last year (chart 22). The delinquency rate on residential mort gage loans reached its lowest level of the past decade, and the delinquency rates on banks’ credit card loans and on other consumer loans both moved lower. The improvement in the quality of credit card loans is particularly noteworthy since the household bank ruptcy rate, which has generally been correlated with the credit card loan delinquency rate, continued to increase until the middle of 2003 (chart 23). (After Profits and Balance Sheet Developments at U.S. Commercial Banks in 2003 111 Quality of Commercial Real Estate Loans Conditions in the commercial real estate market have dete riorated during the past few years. Vacancy rates for office buildings began to increase in 2001 and remained near historical highs in 2003 (chart A). Rents on office buildings began to fall in 2001 and tumbled a total of 20 percent through 2003, a larger decline than the one during the downturn in the early 1990s (chart B). Rents on retail properties also declined, though by considerably less. Despite the deterioration in market conditions, the delin quency rate on commercial mortgages held by banks dropped last year to about 1.5 percent. This rate is well below the nearly 12 percent levels of the early 1990s and is also below the levels of the mid-1990s, when vacancy rates were low and rents were increasing. The delinquency rate has remained low for two possible reasons. First, many borrowers have been able to refinance or roll over their previous mortgages at lower interest rates. Yields on commercial mortgages, in general, have trended down since early 2000 (chart C), so refinancing would have helped borrowers meet their payment obligations. Although still low, the delinquency rate on commercial real estate loans used to back commercial-mortgage-backed securities has risen since 2001. On the January 2004 BLPS, banks reported that the greater difficulty in refinancing such loans, which tend to feature larger prepayment penalties and other prepayment restrictions, was an important reason for the increase in the delinquency rate on securitized loans relative to that on the loans held on banks’ books. A. B. Vacancy rates on office real estate, 1987:Q4-2003:Q4 Change in rent for office and retail space, 1988-2003 Percent 1987 1989 1991 1993 1995 1997 1999 2001 2003 N o t e . Data are quarterly. S o u r c e . Torto Wheaton Research. six quarters of decline, the delinquency rate on credit card loans held by banks rose in the fourth quarter of last year, apparently the result of a large bank’s acquisition from a nonbank finance company of a sizable portfolio of credit card receivables with a delinquency rate higher than that of the banking system as a whole.) Household balance sheets improved last year as homeowners refinanced their mortgages at lower interest rates, with many extract ing equity from their homes through cash-out refi nancing or home equity loans and using part of those funds to pay down other, more-expensive debt. Loss Provisioning With the improvement in overall credit quality, banks cut back their loan-loss provisioning in 2003, both Percent 1989 1991 1993 1995 1997 1999 2001 2003 N o t e . The data are four-quarter rates of change. Data before 1991 :Q2 are plotted at their available biannual frequency. S o u r c e . National Real Estate Index: Market Monitor. in dollar terms and in relation to total revenue (chart 24). The decline was most pronounced at the largest banks, where the ratio had been highest and where credit quality was most improved last year. As loans continued to expand, the ratio of provisioning to loans also declined. With provisioning just outpacing charge-offs, loan-loss reserves grew 2 percent in 2003—the slowest pace since 1997. The significant improve ment in credit quality, however, caused the ratio of loan-loss reserves to delinquent loans to rise 6 per centage points, to 75 percent (chart 25). The ratio of reserves to charge-offs also rose last year, but it remained near the low end of its range over the past decade. With bank balance sheets expanding moderately, reserves as a proportion of total loans slipped to 1.8 percent from 1.9 percent the previous year. 178 Federal Reserve Bulletin □ Spring 2004 Quality of Commercial Real Estate Loans— Continued The second possible reason for the generally low delin quency rate on commercial real estate loans held by banks is tighter loan standards and terms. After the severe prob lems in the commercial real estate market during the early 1990s, market participants reportedly reformed industry practices and tightened standards for commercial real estate projects. Also, banks started tightening their lending stan dards on these loans in 1998, well before the decline in rents and the increase in vacancy rates began. As a result, banks may have avoided riskier projects. According to the January 2002 BLPS and the April 2003 BLPS, banks also tightened their lending terms for commercial real estate loans. One way that banks did so was by limiting borrow ers’ leverage. Borrowers with more equity in their proper ties have a stronger incentive to keep loans current and have a larger cushion if conditions deteriorate. These effects may have been especially important in the recent period because the price of office space has been fairly stable, on net, and the price of retail space has trended higher, possibly because of strong retail sales (chart D). By contrast, in the early 1990s the price of office space dropped markedly and the price of retail space declined, factors that likely increased pressure on borrowers. C. D. Commercial mortgage yields, 1994-January 2004 Prices for commercial property, 1991 :Q2-2003:Q4 Percent ---- — Dollars per square foot 10 Office - V v ^ / V — 1 1 1 1994 1 1 1996 1 1 1998 1 1 2000 1 1 2002 150 100 s — 5 1 1 2004 N o t e . Data are monthly. S o u r c e . Barron’s/John B. Levy & Company. INTERNATIONAL OPERATIONS OF U.S. C o m m e r c ia l B a n k s In 2003, after declining for five consecutive years, the share of bank assets booked in foreign offices moved up slightly, to 11 percent. Although they moved down some relative to capital, exposures (measured in dollars) to both Eastern Europe and Asia increased (table 2). The increase in exposure to Eastern Europe was entirely accounted for by opera tions in Russia, where economic growth was rela tively rapid. Exposure to selected Southeast Asian countries expanded nearly 8 percent. Total exposure to these countries is now higher than it has been for five years, although exposure as a share of bank capital has moved down a bit. Lending to India also expanded rapidly. Operations in Latin America con tracted for the second consecutive year both in dollar terms and as a share of capital. Lending to Argentina drifted down and exposure to several other large countries in the region diminished. 200 — Retail 6 - — ^ — : : — _ — — 1 ! I 1991 I ! 1993 1 1 1995 1 1 1997 1 1 1999 1 I 2001 1 1 1 2003 N o t e . Data are quarterly. S o u r c e . National Real Estate Index: Market Monitor. With the rise in the share of bank assets booked in foreign offices, the share of bank income derived from foreign operations moved up slightly in 2003, to 7 percent, although it remained below the levels posted in the mid-1990s. The growth in income occurred during the first half of the year. Earnings from foreign operations dropped off in the latter part of the year, partly because of an increase in loss provisioning for foreign loans. Re c e n t Develo pm en ts Information drawn from the Federal Reserve’s weekly H.8 statistical release indicates that banks’ asset growth picked up in the first quarter of 2004. Holdings of securities, especially mortgage-backed securities, increased sharply. Although C&I loans continued to decine, overall loan growth was strong because of robost real estate and consumer lending. Profits and Balance Sheet Developments at U.S. Commercial Banks in 2003 22. Delinquency and charge-off rates for loans to households, by type of loan, 1991-2003 24. 179 Provisioning for loan and lease losses as a percentage of total revenue, 1991-2003 Percent — — — \ \ — 1 1 1 1991 1 1 1993 1 1 1995 1 1 1997 1 1 1999 1 1 2001 15 10 — — 20 5 1 1 2003 1 for further reductions in loss provisioning. Non interest income benefited from increased fees from trust and investment services. With net interest mar gins still under pressure, growth in net interest income remained sluggish. Stock prices of bank holding companies generally moved with the Wilshire 5000 during the first quarter before falling 25. Reserves for loan and lease losses, 1985-2003 Percent First-quarter earnings statements of several large bank holding companies suggest that bank profitabil ity remained strong in early 2004. These institutions indicated that the trends of the previous year con tinued. Improvements in credit quality allowed 23. Credit card delinquency rate and household bankruptcy filings, 1995-2003 Perccnt Filings/100,000 5.5 — Credit card delinquencies ---- 800 5.0 — 4.5 — .V — 4.0 — 600 — 400 J 3.5 — / f Household bankruptcy filings 3.0 — 1 1 1995 1 1 1 1997 1 1999 1 1 2001 1 1 Note. Data are quarterly. Source. Call Report and Visa Bankruptcy Notification Service. 1 1 2003 Note. For definitions of delinquencies and net charge-offs, see note to chart 20. 180 2. Federal Reserve Bulletin □ Spring 2004 Exposure of banks to selected economies at year-end relative to tier 1 capital, by bank size, 1998-2003 Percent Eastern Europe Selected Asian countries1 ........................................................................ ........................................................................ ......................................................................... ........................................................................ ......................................................................... ......................................................................... 15.49 14.37 13.17 12.09 11.44 11.15 Money center and other large banks 1998 ................................................................... 1999 ................................................................... 2000 ................................................................... 2001 ................................................................... 2002 ................................................................... 2003 ................................................................... Latin America India Bank and year All 1998 1999 2000 2001 2002 2003 Total All Russia 2.35 2.39 2.63 2.55 2.74 3.86 3.49 2.85 4.35 4.29 5.53 5.44 .43 .37 .49 .60 1.06 1.48 24.02 20.73 19.98 17.88 16.96 16.98 4.19 3.56 4.14 3.86 4.18 5.93 5.61 4.25 6.83 6.47 8.17 8.41 banks ................................................................... ................................................................... ................................................................... ................................................................... ................................................................... ................................................................... 2.08 1.75 1.41 1.07 1.03 .90 .05 .07 .03 .06 .08 .24 exposure (billions of dollars) ........................................................................ ........................................................................ ........................................................................ ......................................................................... ......................................................................... ......................................................................... 37.87 37.45 37.30 36.32 36.32 37.93 5.43 6.23 7.46 7.66 8.70 13.55 Other 1998 1999 2000 2001 2002 2003 All Mexico Argentina Brazil 42.93 39.00 37.88 54.06 38.90 32.85 9.88 9.50 9.08 25.97 20.80 17.95 9.66 9.40 8.41 6.61 2.44 1.73 11.27 10.49 11.15 2.99 8.36 6.77 64.26 58.61 58.03 72.99 58.61 53.30 .68 .55 .77 .91 1.63 2.29 64.20 53.90 54.98 79.08 57.32 49.19 14.10 12.62 12.69 34.54 31.14 27.13 15.19 13.63 12.68 9.79 3.65 2.64 17.04 14.53 16.40 18.74 12.38 10.02 98.02 82.44 85.93 107.29 86.63 80.51 .16 .08 .08 .14 .65 .21 .00 .01 .00 .00 .00 .06 9.51 9.41 8.35 6.45 5.00 4.20 3.24 3.31 2.84 2.04 1.86 1.53 .97 1.01 1.04 .57 .02 .13 .00 2.47 2.08 2.05 .96 1.05 11.80 11.31 9.87 7.72 6.76 5.55 8.53 7.43 12.33 12.88 17.55 19.07 1.05 .95 1.39 1.80 3.37 5.20 104.69 101.63 107.31 162.39 123.53 115.23 24.15 24.77 25.71 78.00 66.15 62.98 23.62 24.51 23.82 19.87 7.75 6.07 27.55 27.34 31.59 39.01 26.55 23.74 156.52 152.74 164.40 219.25 186.10 185.78 Memo Total 1998 1999 2000 2001 2002 2003 N o t e . For the definition of tier 1 capital, see text note 5. Exposures consist of lending and derivatives exposures for cross-border and local-office opera tions. Respondents may file information on one bank or on the bank holding company as a whole. At year-end 2003, “all reporting” banks consisted of seventy-two institu tions with a total of $350.8 billion in tier 1 capital; of these institutions, ten were “large” banks (five money center banks and five other large banks) with $223.4 billion in tier 1 capital, and the remaining seventy-two were “other” banks with $127.5 billion in tier 1 capital. The average “other” bank at yearend 2003 had $26 billion in assets. 1. Indonesia, Korea, Malaysia, Philippines, and Thailand. S o u r c e . Federal Financial Institutions Examination Council Statistical Release E.16, “Country Exposure Survey,” available at www.ffiec.gov/E16.htm. in mid-April as market participants reportedly became concerned about the possible effects of ris ing interest rates on bank profitability. With the announcements of several large mergers in early 2004, industry consolidation, which had been rela tively subdued in 2003, appeared to be picking up. □ Appendix tables start on page 181 Profits and Balance Sheet Developments at U.S. Commercial Banks in 2003 A.I. 181 Report of income, all U.S. banks, 1994— 2003 Millions of dollars Item 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Gross interest income .................................... Taxable equivalent.................................. Loans ............................................................ Securities...................................................... Gross federal funds sold and reverse repurchase agreements....................... Other .............................................................. 256,854 259.610 189,567 48,286 302,202 304,838 227,049 51,029 313,240 315,700 239,395 50,631 338,216 340,648 255,492 52,659 359,138 361,601 270,904 56,596 366,123 368,750 278,524 62,115 423,823 426,459 326.789 67,659 404,564 407,246 311,858 63,064 350,217 352,965 270,070 59,316 329,765 332,548 258,160 53,310 6,415 12,587 9,744 14,382 9,272 13,944 13,658 16,406 14,999 16,637 12,327 13,155 13,546 15,829 12,647 16,994 6,222 14,610 5,122 13,176 Gross interest expense .................................... Deposits ........................................................ Gross federal funds purchased and repurchase agreements...................... O ther.............................................................. 110,785 79,086 147,909 105,326 150,097 107,512 164,511 117,350 178,021 125,217 174,939 119,665 222,146 151,138 188,793 132,368 118,915 81,894 94,419 62,705 12,474 19.224 18,424 24,158 16,780 25,806 20,439 26,721 22,182 30,620 21,130 34,143 26,859 44,151 19,583 36,841 9,919 27,101 7,590 24,125 Net interest incom e......................................... Taxable equivalent.................................. 146,069 148,825 154,293 156,929 163,143 165,603 173,705 176,137 181,117 183,580 191,184 193,811 201,677 204,313 215,771 218,453 231,302 234,050 235,346 238,129 Loss provisioning ........................................... 10,930 12,570 16,211 19,176 21,249 21,182 29,381 43,236 45,297 32,682 Non-interest income ....................................... Service charges on deposits ..................... Fiduciary activities..................................... Trading revenue ......................................... Other .............................................................. 77,231 15,279 12,148 6,249 43,556 83,846 16,056 12,889 6,337 48,563 95,305 17,050 14,296 7,525 56,433 105,628 18,558 16,584 8,018 62,468 123,516 19,769 19,268 7,693 76,786 144,400 21,497 20,502 10,429 91,972 153,154 23,719 22,220 12,235 94,980 160,297 26,873 21,989 12,547 98,886 168,540 29,631 21,637 10,734 106,536 183,520 31,692 22,306 11,444 118,077 Non-interest expense ..................................... Salaries, wages, and employee benefits .. Occupancy .................................................. O ther.............................................................. 144,837 60,884 18,972 64,982 151,077 63,996 19,758 67,323 162,450 67,796 20,888 73,765 170,880 72,310 22,074 76,495 193,701 79,503 24,160 90,038 204,625 86,150 25,865 92,610 216,423 89,034 26,764 100,626 226,025 94,234 27,940 103,852 230,331 100,483 29,317 100,529 243,184 108,437 31,313 103,433 Net non-interest expense................................ 67,606 67,231 67,145 65,252 70,185 60,225 63,269 65,728 61,791 59,664 Gains on investment account securities .................................................. -573 481 1,123 1,825 3,090 250 -2,280 4,624 6,415 5,639 Income before taxes ....................................... Taxes ............................................................ Extraordinary items, net of income taxes . 66,959 22,427 -1 7 74,974 26,221 28 80,907 28,448 88 91,101 31,973 56 92,774 31,872 506 110,028 39,202 169 106,746 37,250 -31 111,427 37,112 -324 130,502 42,973 -78 148,537 48,446 428 Net income ...................................................... 44,515 48,780 52,550 59,184 61,408 70,996 69,464 73,992 87,451 100,520 Cash dividends declared............................ Retained income ......................................... 28,167 16,347 31,106 17,676 39,419 13,131 42,752 16,433 41,205 20,202 51,955 19,042 52,547 16,917 54,821 19,171 67,218 20,233 77,750 22,770 182 A.2. Federal Reserve Bulletin □ Spring 2004 Portfolio composition, interest rates, and income and expense, all U.S. banks, 1994-2003 A. All banks Item 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Balance sheet items as a percentage of average net consolidated assets Interest-earning assets .................................................. Loans and leases, net .............................................. Commercial and industrial ................................. U.S. addressees.................................................. Foreign addressees ........................................... Consumer ............................................................... Credit card.......................................................... Installment and other ....................................... Real estate ............................................................. In domestic offices ........................................... Construction and land development ......... Farmland ........................................................ One- to four-family residential.................. Home equity ............................................. Other .......................................................... Multifamily residential ............................... Nonfarm nonresidential .............................. In foreign offices ............................................... To depository institutions and acceptances of other banks ............................................... Foreign governments ........................................... Agricultural production ....................................... Other lo a n s............................................................. Lease-financing receivables ............................... Less: Unearned income on loans ...................... Less: Loss reserves1 .......................... Securities..................................................................... Investment account .............................................. D e b t..................................................................... U.S. Treasury ................................................ U.S. government agency and corporation obligations ...................... Government-backed mortgage pools ... Collateralized mortgage obligations_ _ Other .......................................................... State and local government ........................ Private mortgage-backed securities........... Other ............................................................... Equity2 ............................................................... Trading account .................................................... Gross federal funds sold and reverse RPs ........... Interest-bearing balances at depositories ............... Non-interest-eaming a ssets........................................... Revaluation gains held in trading accounts3 ........ Other............................................................................ 87.10 56.05 14.52 12.36 2.16 11.40 4.19 7.22 24.44 23.81 1.65 .57 13.74 1.90 11.84 .79 7.07 .63 86.97 58.37 15.20 12.87 2.33 12.08 4.68 7.39 25.02 24.37 1.59 .56 14.42 1.88 12.54 .81 6.97 .65 87.38 59.89 15.60 13.07 2.53 12.21 4.87 7.34 25.06 24.43 1.63 .56 14.43 1.85 12.57 .85 6.96 .63 87.15 58.69 15.78 13.18 2.60 11.44 4.55 6.89 25.02 24.41 1.73 .55 14.42 1.94 12.48 .83 6.88 .61 86.76 58.31 16.37 13.62 2.75 10.36 3.96 6.39 24.86 24.29 1.86 .55 14.26 1.89 12.37 .82 6.81 .57 87.03 59.34 17.07 14.43 2.64 9.71 3.51 6.20 25.44 24.87 2.18 .56 14.10 1.76 12.34 .88 7.15 .57 87.13 60.48 17.16 14.67 2.49 9.38 3.52 5.87 27.04 26.49 2.51 .56 14.96 1.96 13.00 .99 7.48 .54 86.48 58.95 16.08 13.69 2.39 9.23 3.63 5.60 27.10 26.60 2.85 .55 14.67 2.18 12.49 .97 7.56 .50 86.42 57.83 14.08 12.04 2.04 9.35 3.78 5.57 28.39 27.91 2.98 .56 15.40 2.80 12.60 1.02 7.95 .48 86.06 56.87 12.20 10.49 1.70 9.06 3.55 5.51 29.91 29.46 2.99 .54 16.96 3.40 13.56 1.05 7.91 .46 1.47 .41 1.00 3.29 1.03 -.16 -1.35 24.32 21.61 21.22 6.72 1.92 .30 .96 3.11 1.19 -.1 4 -1.26 21.94 19.39 18.98 5.25 2.33 .26 .92 3.32 1.51 -.12 -1.21 21.01 18.20 17.75 4.20 1.93 .18 .90 2.80 1.87 -.09 -1.13 20.41 17.25 16.75 3.38 1.91 .15 .89 2.78 2.13 -.07 -1.07 20.38 17.49 16.94 2.71 1.96 .16 .83 2.75 2.52 -.06 -1.04 20.40 18.33 17.73 2.14 1.87 .12 .78 2.58 2.63 -.05 -1.02 20.01 17.59 16.93 1.66 1.83 .10 .75 2.34 2.58 -.04 -1.04 19.53 16.82 16.48 .85 1.87 .09 .70 2.06 2.44 -.05 -1.11 21.27 18.30 17.99 .78 1.97 .08 .63 1.98 2.12 -.0 4 -1.04 21.89 18.96 18.72 .90 10.26 4.70 3.19 2.36 2.01 .64 1.56 .39 2.71 3.83 2.90 12.90 2.95 9.95 9.81 4.47 2.67 2.68 1.80 .62 1.49 .41 2.55 3.93 2.73 13.03 2.90 10.12 9.75 4.80 2.11 2.83 1.68 .61 1.51 .45 2.81 3.82 2.66 12.62 2.25 10.38 9.74 4.94 1.94 2.86 1.59 .50 1.54 .50 3.16 5.18 2.86 12.85 2.59 10.26 10.28 5.17 2.12 2.99 1.57 .67 1.71 .55 2.90 5.37 2.69 13.24 2.95 10.29 10.85 5.24 2.15 3.46 1.62 .88 2.24 .61 2.06 4.61 2.68 12.97 2.57 10.40 10.31 4.75 1.92 3.63 1.52 .95 2.48 .66 2.43 4.12 2.52 12.87 2.28 10.58 10.08 5.13 1.95 2.99 1.49 1.09 2.98 .34 2.72 5.11 2.89 13.52 2.37 11.15 11.46 6.09 2.35 3.02 1.49 1.25 3.01 .31 2.97 4.81 2.51 13.58 2.42 11.16 12.26 6.75 2.34 3.17 1.48 1.30 2.78 .25 2.93 4.85 2.45 13.94 2.70 11.23 Liabilities ......................................................................... Interest-bearing liabilities......................................... Deposits ................................................................. In foreign offices ............................................... In domestic offices ........................................... Other checkable deposits ............................ Savings (including MMDAs) .................... Small-denomination time deposits ........... Large-denomination time deposits ........... Gross federal funds purchased and RPs ........... Other ....................................................................... Non-interest-bearing liabilities ................................ Demand deposits in domestic offices................. Revaluation losses held in trading accounts3 .. Other ....................................................................... 92.12 71.85 57.36 9.39 47.97 7.80 19.60 15.33 5.23 7.60 6.89 20.27 13.49 2.69 4.56 91.99 71.86 56.31 10.28 46.03 6.63 17.48 16.15 5.77 7.71 7.85 20.13 12.68 2.88 4.57 91.73 71.62 55.87 10.01 45.86 4.75 18.71 15.97 6.42 7.18 8.56 20.11 12.82 2.14 5.14 91.57 71.36 55.01 10.02 44.99 3.62 19.12 15.17 7.08 8.13 8.21 20.21 12.16 2.64 5.42 91.51 71.33 54.65 10.15 44.50 3.11 19.91 14.15 7.33 7.99 8.69 20.18 11.00 2.97 6.21 91.52 72.52 54.79 10.46 44.33 2.81 21.00 13.10 7.42 7.97 9.76 19.00 9.78 2.52 6.70 91.58 73.30 54.66 10.92 43.74 2.46 20.64 12.49 8.16 7.83 10.81 18.28 8.61 2.29 7.37 91.25 72.47 54.59 10.17 44.42 2.36 22.28 11.59 8.18 7.95 9.92 18.78 8.00 2.21 8.57 90.85 71.20 53.87 8.92 44.95 2.39 24.92 10.13 7.51 7.77 9.56 19.65 7.67 2.09 9.90 90.96 70.50 53.31 8.90 44.40 2.47 26.10 8.65 7.18 7.75 9.45 20.46 7.22 2.30 10.94 Capital account ............................................................. 7.88 8.01 8.27 8.43 8.49 8.48 8.42 8.75 9.15 9.04 9.94 .36 29.60 9.83 .19 32.08 9.92 .14 32.73 9.99 .11 34.09 10.12 .08 34.94 10.87 .06 36.58 11.58 .05 38.83 12.09 .05 37.42 12.57 .06 35.05 12.48 .06 34.66 3,862 4,147 4,376 4,733 5,145 5,439 5,906 6,334 6,635 7,249 Memo Commercial real estate lo a n s....................................... Other real estate ow ned ................................................ Managed liabilities ........................................................ Average net consolidated assets (billions of dollars) ............................................... Profits and Balance Sheet Developments at U.S. Commercial Banks in 2003 183 A. 2.—Continued A. All banks Item 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Effective interest rate (percent)4 Rates earned Interest-earning assets ............................................. Taxable equivalent........................................... Loans and leases, gross ..................................... Net of loss provisions ................................ Securities............................................................... Taxable equivalent ..................................... Investment account ......................................... U.S. Treasury securities and U.S. government agency obligations (excluding MBS) ................................ Mortgage-backed securities ...................... Other ............................................................. Trading account ............................................... Gross federal funds sold and reverse RPs ___ Interest-bearing balances at depositories......... 7.61 7.69 8.62 8.32 5.97 6.20 5.80 8.33 8.40 9.24 8.92 6.51 6.73 6.35 8.14 8.22 9.00 8.56 6.46 6.66 6.39 8.15 8.22 9.01 8.50 6.54 6.73 6.50 7.99 8.06 8.85 8.30 6.45 6.63 6.38 7.70 7.76 8.47 7.97 6.27 6.46 6.25 8.22 8.26 9.00 8.33 6.47 6.65 6.45 7.36 7.44 8.16 7.15 6.08 6.26 6.05 6.08 6.17 6.91 5.86 4.98 5.14 5.04 5.27 5.35 6.16 5.48 3.99 4.13 4.00 n.a. n.a. n.a. 7.41 4.26 5.71 n.a. n.a. n.a. 7.73 5.63 6.84 n.a. n.a. n.a. 6.86 5.21 6.20 n.a. n.a. n.a. 6.75 5.45 6.23 n.a. n.a. n.a. 6.85 5.29 6.32 n.a. n.a. n.a. 6.47 4.78 5.95 n.a. n.a. n.a. 6.63 5.56 6.48 5.76 6.45 5.60 6.34 3.86 4.01 4.42 5.44 4.74 4.59 1.93 2.79 3.29 4.24 4.08 3.94 1.43 2.09 Rates paid Interest-bearing liabilities ....................................... Interest-bearing deposits..................................... In foreign offices ............................................. In domestic offices........................................... Other checkable deposits .......................... Savings (including M M D A s)..................... Large time deposits5 .................................. Other time deposits5 .................................. Gross federal funds purchased and RPs ......... Other interest-bearing liabilities........................ 4.01 3.53 5.59 3.14 1.85 2.58 4.09 4.17 4.18 7.25 4.99 4.47 6.12 4.11 2.06 3.19 5.47 5.44 5.65 7.46 4.82 4.34 5.54 4.07 2.04 3.00 5.39 5.40 5.12 6.93 4.92 4.39 5.44 4.16 2.25 2.93 5.45 5.54 5.17 6.94 4.88 4.31 5.66 4.01 2.29 2.79 5.22 5.48 5.19 6.89 4.47 3.87 4.91 3.63 2.08 2.49 4.92 5.09 4.73 6.48 5.17 4.45 5.61 4.17 2.34 2.86 5.78 5.69 5.77 6.97 4.15 3.61 3.94 3.54 1.96 2.19 5.04 5.43 3.83 5.92 2.54 2.12 2.38 2.07 1.06 1.13 3.38 3.73 1.88 4.32 1.87 1.48 1.64 1.45 .77 .74 2.58 2.91 1.30 3.57 Income and expense as a percentage of average net consolidated assets Gross interest income ............................................. Taxable equivalent........................................... Loans ..................................................................... Securities................................................................ Gross federal funds sold and reverse RPs ___ O ther....................................................................... 6.65 6.72 4.91 1.25 .17 .33 7.29 7.35 5.47 1.23 .23 .35 7.16 7.21 5.47 1.16 .21 .32 7.15 7.20 5.40 1.11 .29 .35 6.98 7.03 5.27 1.10 .29 .32 6.73 6.78 5.12 1.14 .23 .24 7.18 7.22 5.53 1.15 .23 .27 6.39 6.43 4.92 1.00 .20 .24 5.28 5.32 4.07 .89 .09 .18 4.55 4.59 3.56 .74 .07 .15 Gross interest expense ............................................. Deposits ................................................................. Gross federal funds purchased and RPs ......... O ther....................................................................... 2.87 2.05 .32 .50 3.57 2.54 .44 .58 3.43 2.46 .38 .59 3.48 2.48 .43 .56 3.46 2.43 .43 .60 3.22 2.20 .39 .63 3.76 2.56 .45 .75 2.98 2.09 .31 .58 1.79 1.23 .15 .41 1.30 .86 .10 .33 Net interest incom e.................................................. Taxable equivalent........................................... 3.78 3.85 3.72 3.78 3.73 3.78 3.67 3.72 3.52 3.57 3.51 3.56 3.41 3.46 3.41 3.45 3.49 3.53 3.25 3.28 Loss provisioning6 .................................................. .28 .30 .37 .41 .41 .39 .50 .68 .68 .45 Non-interest income ................................................ Service charges on deposits .............................. Fiduciary activities............................................... Trading revenue .................................................. Interest rate exposures ................................... Foreign exchange rate exposures ................. _ Other commodity and equity exposures _ Other....................................................................... 2.00 .40 .31 .16 n.a. n.a. n.a. 1.13 2.02 .39 .31 .15 n.a. n.a. n.a. 1.17 2.18 .39 .33 .17 .09 .06 .02 1.29 2.23 .39 .35 .17 .08 .08 * 1.32 2.40 .38 .37 .15 .05 .09 .01 1.49 2.65 .40 .38 .19 .07 .09 .03 1.69 2.59 .40 .38 .21 .08 .08 .04 1.61 2.53 .42 .35 .20 .10 .07 .03 1.56 2.54 .45 .33 .16 .08 .07 .01 1.61 2.53 .44 .31 .16 .06 .07 .02 1.63 Non-interest expense ............................................... Salaries, wages, and employee benefits........... Occupancy ............................................................ O ther....................................................................... 3.75 1.58 .49 1.68 3.64 1.54 .48 1.62 3.71 1.55 .48 1.69 3.61 1.53 .47 1.62 3.77 1.55 .47 1.75 3.76 1.58 .48 1.70 3.66 1.51 .45 1.70 3.57 1.49 .44 1.64 3.47 1.51 .44 1.52 3.35 1.50 .43 1.43 Net non-interest expense......................................... 1.75 1.62 1.53 1.38 1.36 1.11 1.07 1.04 .93 .82 Gains on investment account securities ............... -.01 .01 .03 .04 .06 * -.04 .07 .10 .08 Income before taxes and extraordinary items — Taxes ..................................................................... Extraordinary items, net of income taxes ....... 1.73 .58 * 1.81 .63 * 1.85 .65 * 1.92 .68 * 1.80 .62 .01 2.02 .72 * 1.81 .63 * 1.76 .59 -.01 1.97 .65 * 2.05 .67 .01 Net income ............................................................... Cash dividends declared..................................... Retained income .................................................. 1.15 .73 .42 1.18 .75 .43 1.20 .90 .30 1.25 .90 .35 1.19 .80 .39 1.31 .96 .35 1.18 .89 .29 1.17 .87 .30 1.32 1.01 .30 1.39 1.07 .31 Memo: Return on equity......................................... 14.63 14.69 14.53 14.84 14.05 15.39 13.97 13.35 14.41 15.34 * In absolute value, less than 0.005 percent. n.a. Not available. MMDA Money market deposit account. RP Repurchase agreement. CD Certificate of deposit. 1. Includes allocated transfer risk reserves. 2. As in the Call Report, equity securities were combined with “other debt securities” before 1989. 3. Before 1994, the netted value of revaluation gains and losses appeared in “trading account securities” if it was a gain and in “other non-interest-bearing liabilities” if it was a loss. 4. When possible, based on the average of quarterly balance sheet data reported on schedule RC-K of the quarterly Call Reports. 5. Before 1997, large time open accounts included in other time deposits. 6. Includes provisions for allocated transfer risk. 184 A.2. Federal Reserve Bulletin □ Spring 2004 Portfolio composition, interest rates, and income and expense, all U.S. banks, 1994— 2003 B. Ten largest banks by assets Item 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Balance sheet items as a percentage of average net consolidated assets Interest-earning assets .................................................. Loans and leases, net .............................................. Commercial and industrial ................................. U.S. addressees.................................................. Foreign addressees ........................................... Consumer ............................................................... Credit card.......................................................... Installment and other ....................................... Real estate ............................................................. In domestic offices ........................................... Construction and land development ......... Farmland ........................................................ One- to four-family residential.................. Home equity ............................................. Other .......................................................... Multifamily residential ............................... Nonfarm nonresidential .............................. In foreign offices .............................................. To depository institutions and acceptances of other banks ............................................... Foreign governments ........................................... Agricultural production ....................................... Other loans............................................................. Lease-financing receivables ............................... Less: Unearned income on loans ...................... Less: Loss reserves1 ............................................. Securities..................................................................... Investment account .............................................. D e b t..................................................................... U.S. Treasury ................................................ U.S. government agency and corporation obligations ...................... Government-backed mortgage pools ... Collateralized mortgage obligations___ Other .......................................................... State and local government ........................ Private mortgage-backed securities........... Other............................................................... Equity2 ............................................................... Trading account .................................................... Gross federal funds sold and reverse RPs ........... Interest-bearing balances at depositories ............... Non-interest-earning assets........................................... Revaluation gains held in trading accounts3 ........ Other............................................................................ 77.26 49.91 16.43 9.16 7.27 6.59 2.28 4.31 16.21 13.80 .84 .06 9.69 1.40 8.29 .41 2.79 2.41 77.12 50.05 16.16 8.66 7.50 6.60 1.96 4.65 15.82 13.48 .58 .06 9.62 1.40 8.22 .38 2.83 2.35 80.12 53.51 17.17 9.59 7.59 6.22 1.23 4.99 16.53 14.44 .51 .06 10.43 1.53 8.90 .38 3.05 2.09 81.84 50.91 16.90 10.24 6.66 6.40 1.34 5.06 17.42 15.69 .68 .09 11.02 1.70 9.31 .39 3.52 1.73 81.25 50.76 18.07 11.76 6.31 6.04 1.30 4.74 16.51 15.08 .77 .09 10.33 1.72 8.61 .38 3.51 1.43 81.49 53.37 19.20 13.14 6.06 5.94 1.36 4.58 16.96 15.55 .90 .10 10.77 1.54 9.22 .43 3.35 1.41 82.23 55.22 19.87 13.95 5.92 5.43 1.34 4.09 19.82 18.48 .98 .11 13.37 1.61 11.76 .60 3.42 1.34 81.74 53.86 18.82 13.42 5.41 6.17 1.64 4.53 19.23 18.05 1.27 .11 12.41 1.78 10.63 .51 3.76 1.18 81.68 53.60 16.16 11.69 4.47 7.82 2.90 4.92 20.78 19.70 1.42 .12 13.51 2.35 11.17 .55 4.09 1.08 81.35 52.17 13.01 9.43 3.59 7.96 2.81 5.15 22.68 21.74 1.36 .10 16.03 2.96 13.07 .47 3.78 .94 3.49 1.27 .25 6.32 1.14 -.16 -1.63 20.61 11.68 11.29 2.06 5.04 .90 .21 5.76 1.14 -.14 -1.45 19.53 10.65 10.27 2.03 6.14 .69 .23 6.34 1.59 -.11 -1.30 19.83 10.60 10.22 1.93 4.20 .45 .31 4.15 2.24 -.07 -1.08 20.00 10.97 10.55 1.56 4.05 .35 .28 3.74 2.81 -.06 -1.01 19.72 12.12 11.64 1.70 4.34 .38 .26 3.96 3.40 -.05 -1.03 18.34 13.08 12.57 1.98 3.78 .28 .23 3.75 3.07 -.04 -.97 18.98 13.71 13.03 1.96 3.23 .20 .28 3.51 3.43 -.0 4 -.97 17.81 12.14 11.88 .68 3.20 .20 .23 2.94 3.44 -.08 -1.12 20.54 14.36 14.13 .59 3.51 .17 .19 2.84 2.87 -.0 6 -1.02 21.22 15.31 15.11 .82 5.08 2.79 2.22 .06 .61 .43 3.03 .39 8.93 2.68 4.05 22.74 11.23 11.51 4.46 2.89 1.50 .08 .49 .32 2.97 .38 8.88 3.20 4.34 22.88 10.77 12.11 4.59 3.58 .95 .06 .39 .30 3.01 .38 9.23 3.10 3.68 19.88 7.63 12.25 5.34 4.26 .93 .15 .51 .32 2.81 .42 9.03 7.56 3.37 18.16 7.36 10.80 6.31 5.13 .93 .26 .47 .60 2.57 .47 7.60 7.81 2.96 18.75 7.62 11.13 6.35 5.03 .79 .52 .45 .57 3.22 .51 5.25 6.64 3.14 18.51 6.66 11.85 6.59 4.88 .93 .78 .51 .51 3.47 .68 5.26 5.02 3.01 17.77 5.66 12.11 6.84 4.99 1.11 .74 .55 .58 3.22 .26 5.67 6.38 3.69 18.26 5.48 12.78 8.69 6.38 1.52 .79 .59 .92 3.34 .22 6.18 5.26 2.28 18.32 5.40 12.93 9.20 7.59 .91 .70 .59 1.10 3.40 .20 5.91 5.79 2.18 18.65 5.79 12.86 Liabilities........................................................................ Interest-bearing liabilities......................................... Deposits ................................................................. In foreign offices .............................................. In domestic offices ........................................... Other checkable deposits ............................ Savings (including MMDAs) .................... Small-denomination time deposits ........... Large-denomination time deposits ........... Gross federal funds purchased and RPs ........... Other ...................................................................... Non-interest-bearing liabilities ............................... Demand deposits in domestic offices................. Revaluation losses held in trading accounts3 .. Other ...................................................................... 93.42 64.33 48.20 26.10 22.10 2.91 12.70 3.98 2.51 5.83 10.29 29.09 10.15 10.22 10.51 93.59 63.37 47.49 28.36 19.12 2.30 10.56 4.04 2.23 6.17 9.71 30.22 8.88 10.68 10.66 93.04 64.45 47.87 26.41 21.46 1.61 12.31 4.68 2.86 5.88 10.69 28.59 9.73 7.27 11.59 92.61 65.83 47.36 22.18 25.18 1.21 14.26 5.82 3.89 10.26 8.20 26.78 8.98 7.53 10.27 92.58 65.81 47.65 20.17 27.48 .99 15.83 6.03 4.62 9.78 8.37 26.77 8.46 7.67 10.65 92.28 66.87 48.79 21.04 27.76 .72 16.84 5.66 4.54 8.84 9.24 25.41 7.83 6.51 11.06 92.36 67.81 49.27 21.62 27.66 .74 16.73 5.38 4.80 8.89 9.65 24.56 7.28 5.69 11.59 92.14 66.76 49.09 19.22 29.88 .90 19.23 5.11 4.63 9.04 8.62 25.38 7.50 5.10 12.79 91.53 65.42 48.96 16.27 32.70 .95 22.81 4.71 4.22 8.83 7.64 26.10 7.40 4.63 14.07 91.94 65.55 49.01 15.68 33.34 1.01 24.22 3.67 4.43 8.60 7.93 26.40 6.64 4.88 14.87 Capital account ............................................................. 6.58 6.41 6.96 7.39 7.42 7.72 7.64 7.86 8.47 8.06 4.65 .58 46.21 4.40 .27 47.94 4.65 .18 47.39 5.45 .13 46.02 5.61 .09 44.42 5.69 .06 45.49 5.87 .04 46.84 6.68 .04 43.41 6.92 .03 38.90 6.31 .03 38.69 949 1,051 1,189 1,514 1,820 1,935 2,234 2,527 2,785 3,148 Memo Commercial real estate lo a n s....................................... Other real estate ow ned................................................ Managed liabilities ........................................................ Average net consolidated assets (billions of dollars) .............................................. Profits and Balance Sheet Developments at U.S. Commercial Banks in 2003 185 A.2.—Continued B. Ten largest banks by assets Item 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Effective interest rate (percent)4 Rates earned Interest-earning assets ............................................. Taxable equivalent........................................... Loans and leases, gross ..................................... Net of loss provisions ................................ Securities............................................................... Taxable equivalent ..................................... Investment account ......................................... U.S. Treasury securities and U.S. government agency obligations (excluding MBS) ................................ Mortgage-backed securities ...................... Other .............................................................. Trading account ............................................... Gross federal funds sold and reverse RPs — Interest-bearing balances at depositories ......... 8.15 8.18 8.89 8.66 7.09 7.19 6.57 8.20 8.22 8.84 8.88 7.40 7.47 7.04 7.72 7.74 8.32 8.31 6.80 6.85 6.70 7.55 7.60 8.25 8.10 6.78 6.85 6.76 7.54 7.57 8.21 7.77 6.83 6.89 6.78 7.35 7.39 7.99 7.65 6.58 6.65 6.59 7.77 7.78 8.46 7.92 6.48 6.55 6.40 6.82 6.89 7.52 6.56 6.36 6.44 6.23 5.81 5.89 6.54 5.32 5.14 5.21 5.30 5.00 5.06 5.78 5.21 4.23 4.29 4.26 n.a. n.a. n.a. 7.79 4.52 7.27 n.a. n.a. n.a. 7.83 5.20 7.15 n.a. n.a. n.a. 6.90 4.92 6.71 n.a. n.a. n.a. 6.81 5.45 6.91 n.a. n.a. n.a. 6.92 5.20 7.16 n.a. n.a. n.a. 6.56 4.52 7.22 n.a. n.a. n.a. 6.70 4.93 7.43 5.01 6.42 6.34 6.66 3.86 3.73 3.74 5.55 5.30 4.75 2.20 3.40 2.62 4.51 4.28 4.15 1.66 2.49 Rates paid Interest-bearing liabilities ....................................... Interest-bearing deposits..................................... In foreign offices ............................................. In domestic offices........................................... Other checkable deposits .......................... Savings (including M M D A s)..................... Large time deposits5 .................................. Other time deposits5 .................................. Gross federal funds purchased and RPs ......... Other interest-bearing liabilities........................ 5.43 4.32 6.04 2.35 1.10 2.35 3.12 2.80 4.05 10.87 5.88 4.99 6.07 3.42 1.29 3.11 3.73 5.08 5.22 9.80 5.44 4.57 5.62 3.32 1.32 2.76 4.62 4.58 4.93 8.86 5.41 4.54 5.52 3.69 1.97 2.68 5.17 5.45 5.02 9.13 5.29 4.40 5.83 3.39 1.67 2.45 4.53 5.21 5.18 8.85 4.79 3.82 4.99 3.04 1.44 2.11 4.36 4.95 4.53 8.61 5.37 4.40 5.67 3.51 1.61 2.43 5.32 5.53 5.47 8.15 4.09 3.27 4.02 2.85 1.67 1.92 4.40 5.14 3.81 7.00 2.55 1.95 2.59 1.68 .93 1.02 3.26 3.55 2.02 5.39 1.86 1.36 1.76 1.20 .87 .73 2.36 2.86 1.39 4.20 Income and expense as a percentage of average net consolidated assets Gross interest income ............................................. Taxable equivalent........................................... Loans ..................................................................... Securities............................................................... Gross federal funds sold and reverse RPs ___ O ther....................................................................... 6.37 6.40 4.49 .77 .15 .97 6.42 6.43 4.44 .75 .21 1.00 6.26 6.27 4.48 .71 .18 .88 6.31 6.33 4.31 .73 .45 .82 6.21 6.22 4.27 .81 .42 .70 6.01 6.03 4.35 .85 .30 .51 6.39 6.41 4.74 .88 .25 .51 5.56 5.58 4.14 .72 .25 .43 4.78 4.80 3.58 .73 .12 .34 4.06 4.08 3.05 .63 .10 .27 Gross interest expense ............................................. D eposits................................................................. Gross federal funds purchased and RPs ......... O ther....................................................................... 3.52 2.15 .24 1.13 3.74 2.43 .35 .95 3.52 2.26 .31 .95 3.55 2.26 .54 .75 3.48 2.20 .54 .74 3.16 1.97 .40 .79 3.60 2.33 .49 .78 2.69 1.74 .35 .59 1.65 1.06 .18 .41 1.20 .75 .13 .33 Net interest incom e.................................................. Taxable equivalent........................................... 2.86 2.88 2.68 2.70 2.73 2.75 2.76 2.79 2.73 2.75 2.84 2.86 2.78 2.80 2.87 2.89 3.13 3.15 2.86 2.88 Loss provisioning6 .................................................. .26 .11 .11 .16 .31 .26 .38 .59 .73 .35 Non-interest income ................................................ Service charges on deposits .............................. Fiduciary activities ............................................... Trading revenue .................................................. Interest rate exposures .................................... Foreign exchange rate exposures ................. Other commodity and equity exposures....... Other....................................................................... 2.33 .26 .36 .53 n.a. n.a. n.a. 1.18 2.16 .25 .30 .46 n.a. n.a. n.a. 1.15 2.34 .28 .31 .52 .30 .17 .05 1.23 2.12 .32 .34 .43 .23 .20 * 1.04 2.15 .33 .32 .33 .10 .20 .03 1.17 2.55 .37 .31 .46 .17 .19 .09 1.41 2.54 .40 .27 .48 .20 .18 .11 1.39 2.23 .44 .29 .43 .21 .14 .08 1.06 2.32 .48 .26 .32 .15 .14 .03 1.25 2.31 .46 .27 .30 .12 .14 .04 1.29 Non-interest expense ............................................... Salaries, wages, and employee benefits........... Occupancy ............................................................ Other....................................................................... 3.56 1.65 .55 1.36 3.32 1.58 .50 1.24 3.57 1.57 .50 1.50 3.24 1.45 .47 1.33 3.47 1.45 .47 1.54 3.45 1.57 .50 1.38 3.31 1.46 .47 1.39 3.13 1.38 .45 1.30 3.16 1.41 .46 1.28 3.02 1.39 .45 1.18 Net non-interest expense......................................... 1.23 1.16 1.23 1.12 1.32 .90 .77 .90 .84 .71 Gains on investment account securities ............... .02 .03 .04 .08 .11 .03 -0.03 .08 .13 .11 Income before taxes and extraordinary ite m s_ _ Taxes ..................................................................... Extraordinary items, net of income taxes ....... 1.39 .48 * 1.44 .55 * 1.44 .52 * 1.56 .58 * 1.22 .44 * 1.71 .66 * 1.60 .60 * 1.46 .48 -.01 1.69 .57 * 1.91 .62 * Net income ................................................................ Cash dividends declared..................................... Retained income .................................................. .91 .58 .33 .88 .57 .31 .92 .70 .21 .98 .82 .15 .78 .53 .25 1.05 .79 .26 1.00 .86 .13 .97 .66 .31 1.12 1.05 .07 1.29 .99 .30 Memo: Return on equity......................................... 13.86 13.78 13.21 13.22 10.53 13.58 13.04 12.34 13.24 16.01 * In absolute value, less than 0.005 percent. n.a. Not available. MMDA Money market deposit account. RP Repurchase agreement. CD Certificate of deposit. 1. Includes allocated transfer risk reserves. 2. As in the Call Report, equity securities were combined with “other debt securities” before 1989. 3. Before 1994, the netted value of revaluation gains and losses appeared in “trading account securities” if it was a gain and in “other non-interest-bearing liabilities” if it was a loss. 4. When possible, based on the average of quarterly balance sheet data reported on schedule RC-K of the quarterly Call Reports. 5. Before 1997, large time open accounts included in other time deposits. 6. Includes provisions for allocated transfer risk. 186 A.2. Federal Reserve Bulletin □ Spring 2004 Portfolio composition, interest rates, and income and expense, all U.S. banks, 1994-2003 C. Banks ranked 11 through 100 by assets Item 1994 1995 1996 1997 Balance sheet items as Interest-earning assets .................................................. Loans and leases, net ............................................... Commercial and industrial ................................. U.S. addressees.................................................. Foreign addressees ........................................... Consumer ............................................................... Credit card.......................................................... Installment and other ....................................... Real estate ............................................................. In domestic offices ........................................... Construction and land development ......... Farmland ........................................................ One- to four-family residential................... Home equity ............................................. Other .......................................................... Multifamily residential ............................... Nonfarm nonresidential .............................. In foreign offices ............................................... To depository institutions and acceptances of other banks ............................................... Foreign governments ........................................... Agricultural production ....................................... Other lo a n s............................................................. Lease-financing receivables ................................ Less: Unearned income on loans ...................... Less: Loss reserves1 ............................................. Securities..................................................................... Investment account ............................................... D e b t..................................................................... U.S. Treasury ................................................ U.S. government agency and corporation obligations ...................... Government-backed mortgage pools . .. Collateralized mortgage obligations_ _ Other .......................................................... State and local government ........................ Private mortgage-backed securities........... O ther............................................................... Equity2 ............................................................... Trading account .................................................... Gross federal funds sold and reverse RPs ........... Interest-bearing balances at depositories ............... Non-interest-earning assets........................................... Revaluation gains held in trading accounts3.......... Other............................................................................ 1998 1999 2000 2001 2002 2003 percentage of average net consolidated assets 88.58 58.56 18.04 16.99 1.04 12.62 5.99 6.63 22.26 22.17 1.63 .14 12.98 2.33 10.65 .71 6.72 .09 88.71 62.68 19.26 18.10 1.16 14.23 7.34 6.89 23.25 23.10 1.50 .13 14.16 2.19 11.97 .77 6.54 .15 88.26 64.24 18.95 17.71 1.24 15.67 8.26 7.40 23.26 23.10 1.55 .13 14.15 2.08 12.07 .89 6.37 .16 87.50 63.89 19.01 17.78 1.22 15.62 8.50 7.12 22.99 22.85 1.69 .14 13.88 2.22 11.65 .93 6.21 .15 87.87 64.38 18.92 17.59 1.33 14.52 7.67 6.86 24.59 24.42 2.03 .17 14.86 2.17 12.69 1.00 6.36 .18 88.41 64.23 19.40 18.18 1.22 13.57 6.78 6.79 24.80 24.62 2.43 .19 14.15 2.08 12.07 1.02 6.82 .19 88.67 64.88 18.19 17.64 .55 13.79 6.97 6.82 26.21 26.12 3.00 .22 14.51 2.49 12.02 1.11 7.28 .09 88.08 62.14 15.84 15.36 .48 13.20 6.97 6.23 27.29 27.21 3.31 .23 15.51 2.90 12.60 1.16 6.99 .09 88.34 60.00 13.27 12.94 .33 12.79 6.56 6.22 28.94 28.88 3.36 .22 17.05 3.92 13.13 1.20 7.05 .06 88.10 59.48 11.96 11.66 .30 12.57 6.35 6.21 30.67 30.54 3.21 .20 18.79 4.74 14.04 1.33 7.01 .13 1.52 .28 .29 3.45 1.60 -.0 7 -1.41 21.19 19.81 19.49 6.86 1.61 .20 .26 3.29 1.96 -.07 -1.32 18.64 17.88 17.51 4.82 1.53 .20 .28 3.27 2.41 -.06 -1.27 16.87 16.06 15.62 3.34 1.30 .09 .29 3.18 2.70 -.05 -1.24 15.80 15.07 14.58 2.81 1.09 .06 .33 3.35 2.72 -.04 -1.16 16.66 16.13 15.58 2.25 .93 .06 .33 2.99 3.29 -.04 -1.11 17.79 17.28 16.64 1.70 1.05 .03 .37 2.57 3.82 -.03 -1.12 17.32 16.10 15.50 1.12 1.40 .03 .32 2.03 3.18 -.02 -1.13 19.00 17.71 17.32 .67 1.44 .02 .27 1.80 2.65 -.02 -1.17 20.30 19.17 18.82 .74 1.21 .02 .23 1.58 2.35 -.02 - 1 . 10 21.16 20.09 19.88 .95 9.37 5.40 3.04 .94 1.20 .95 1.22 .32 1.38 5.11 3.72 11.42 .60 10.81 9.40 5.06 2.82 1.51 1.11 1.02 1.16 .37 .76 4.52 2.87 11.29 .50 10.78 9.12 5.42 2.16 1.54 .99 .96 1.21 .44 .80 4.26 2.89 11.74 .51 11.23 8.98 5.17 2.13 1.68 .88 .73 1.18 .49 .73 4.38 3.43 12.50 .69 11.81 9.93 4.98 2.83 2.12 .92 .96 1.53 .55 .54 3.57 3.24 12.13 .75 11.38 10.57 5.12 2.89 2.56 .99 1.35 2.02 .65 .51 3.34 3.06 11.59 .56 11.03 9.70 4.31 2.55 2.84 .96 1.66 2.06 .60 1.22 3.76 2.71 11.33 .40 10.92 10.09 5.19 2.42 2.48 .99 2.01 3.56 .39 1.29 4.06 2.88 11.92 .55 11.37 11.45 6.00 2.79 2.65 .97 2.13 3.53 .34 1.13 4.71 3.33 11.66 .47 11.19 12.99 6.08 3.72 3.19 .95 2.14 2.85 .21 1.07 4.21 3.26 11.90 .60 11.30 Liabilities ......................................................................... Interest-bearing liabilities......................................... Deposits ................................................................. In foreign offices .............................................. In domestic offices ........................................... Other checkable deposits ............................ Savings (including MMDAs) .................... Small-denomination time deposits ........... Large-denomination time deposits ........... Gross federal funds purchased and RPs ........... Other ....................................................................... Non-interest-bearing liabilities ................................ Demand deposits in domestic o ffices................. Revaluation losses held in trading accounts3 .. Other ....................................................................... 92.47 72.85 53.03 8.05 44.98 6.91 20.13 13.26 4.68 11.49 8.34 19.62 15.28 .57 3.89 92.23 74.05 52.32 8.12 44.20 5.62 18.78 14.24 5.55 11.37 10.36 18.18 14.26 .49 3.43 92.02 73.14 51.81 7.52 44.30 3.06 20.76 14.09 6.39 10.00 11.32 18.89 14.47 .49 3.93 91.85 72.60 51.45 7.85 43.60 1.95 21.08 13.43 7.15 9.36 11.79 19.24 14.17 .68 4.39 91.63 73.40 51.50 8.15 43.35 1.75 21.40 12.84 7.36 9.48 12.43 18.23 12.39 .76 5.07 91.66 74.97 51.50 7.96 43.53 1.60 22.46 11.85 7.62 9.77 13.70 16.70 10.52 .58 5.59 91.57 76.46 51.57 7.34 44.23 1.32 22.34 11.80 8.77 9.28 15.61 15.12 8.61 .41 6.09 91.15 75.98 51.94 6.86 45.08 1.20 24.36 10.66 8.86 9.71 14.32 15.17 7.17 .52 7.49 90.79 74.70 50.48 6.09 44.39 1.17 26.45 8.78 7.98 9.66 14.55 16.09 6.32 .44 9.34 90.65 73.22 49.81 6.33 43.48 1.33 27.53 7.47 7.16 9.71 13.70 17.43 5.94 .56 10.93 Capital account ............................................................. 7.53 7.77 7.98 8.15 8.37 8.34 8.43 8.85 9.21 9.35 9.69 .25 32.89 9.42 .13 35.68 9.38 .08 35.60 9.44 .06 36.60 10.11 .04 38.11 11.00 .03 39.83 12.06 .03 41.98 12.06 .04 40.81 12.24 .05 39.48 12.11 .06 38.15 1,204 1,338 1,450 1,604 1,745 1,881 2,031 2,130 2,124 2,287 M emo Commercial real estate lo a n s....................................... Other real estate ow ned................................................ Managed liabilities ........................................................ Average net consolidated assets (billions of dollars) ............................................... Profits and Balance Sheet Developments at U.S. Commercial Banks in 2003 187 A.2.—Continued C. Banks ranked 11 through 100 by assets Item 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Effective interest rate (percent)4 Rates earned Interest-earning assets ............................................. Taxable equivalent........................................... Loans and leases, gross ..................................... Net of loss provisions ................................ Securities............................................................... Taxable equivalent ..................................... Investment account ......................................... U.S. Treasury securities and U.S. government agency obligations (excluding MBS) ................................ Mortgage-backed securities ...................... Other ............................................................. Trading account ............................................... Gross federal funds sold and reverse RPs _ _ Interest-bearing balances at depositories ......... 7.29 7.36 8.22 7.87 5.75 5.92 5.75 8.31 8.37 9.10 8.67 6.38 6.56 6.35 8.16 8.23 8.88 8.21 6.49 6.66 6.49 8.31 8.36 9.03 8.27 6.55 6.70 6.57 8.10 8.17 8.82 8.15 6.31 6.46 6.33 7.84 7.88 8.50 7.80 6.32 6.46 6.34 8.46 8.48 9.14 8.25 6.64 6.77 6.66 7.53 7.58 8.26 6.96 5.96 6.08 6.04 6.00 6.07 6.80 5.59 4.79 4.91 4.86 5.26 5.33 6.11 5.11 3.80 3.91 3.87 n.a. n.a. n.a. 5.75 4.31 4.69 n.a. n.a. n.a. 7.27 5.91 6.78 n.a. n.a. n.a. 6.53 5.31 5.82 n.a. n.a. n.a. 6.05 5.45 5.76 n.a. n.a. n.a. 5.86 5.46 5.67 n.a. n.a. n.a. 5.58 5.12 4.81 n.a. n.a. n.a. 6.25 6.06 5.49 5.83 6.60 5.13 4.83 3.86 4.38 4.28 5.34 4.22 3.59 1.68 2.46 3.17 4.20 3.61 2.62 1.14 1.93 Rates paid Interest-bearing liabilities ....................................... Interest-bearing deposits..................................... In foreign offices ............................................. In domestic offices........................................... Other checkable deposits .......................... Savings (including M M D A s)..................... Large time deposits5 .................................. Other time deposits5 .................................. Gross federal funds purchased and RPs ......... Other interest-bearing liabilities........................ 3.71 3.25 4.60 3.03 1.61 2.46 4.21 4.17 4.28 5.24 4.94 4.35 6.30 4.01 1.89 3.10 5.70 5.35 5.86 6.43 4.70 4.15 5.29 3.96 1.78 2.91 5.50 5.26 5.19 5.95 4.79 4.22 5.23 4.04 2.01 2.84 5.47 5.43 5.29 5.85 4.77 4.15 5.22 3.96 2.41 2.76 5.32 5.35 5.22 5.81 4.38 3.76 4.70 3.60 2.03 2.49 4.96 5.03 4.87 5.41 5.22 4.42 5.38 4.26 2.57 2.94 5.88 5.73 6.02 6.36 4.16 3.60 3.67 3.60 2.32 2.30 5.11 5.42 3.86 5.30 2.41 1.96 1.70 1.99 .94 1.08 3.36 3.68 1.73 3.54 1.79 1.35 1.22 1.37 .67 .66 2.70 2.95 1.20 3.01 Income and expense as a percentage of average net consolidated assets Gross interest income ............................................. Taxable equivalent........................................... Loans ..................................................................... Securities................................................................ Gross federal funds sold and reverse RPs _ _ Other ....................................................................... 6.46 6.51 4.91 1.13 .21 .21 7.40 7.45 5.79 1.13 .27 .21 7.24 7.28 5.80 1.03 .23 .18 7.26 7.30 5.87 .98 .22 .19 7.16 7.19 5.79 1.00 .19 .18 6.98 7.02 5.56 1.10 .18 .14 7.54 7.57 6.05 1.09 .22 .18 6.70 6.73 5.28 1.06 .15 .15 5.31 5.34 4.15 .90 .08 .11 4.67 4.70 3.72 .75 .04 .08 Gross interest expense ............................................. Deposits ................................................................. Gross federal funds purchased and RPs ......... Other....................................................................... 2.67 1.73 .51 .43 3.62 2.29 .67 .66 3.39 2.18 .55 .66 3.41 2.23 .51 .68 3.45 2.23 .51 .71 3.26 2.02 .51 .74 3.96 2.41 .56 .99 3.14 2.01 .38 .75 1.77 1.09 .17 .51 1.30 .77 .12 .41 Net interest incom e.................................................. Taxable equivalent........................................... 3.79 3.84 3.78 3.84 3.84 3.89 3.85 3.89 3.71 3.74 3.72 3.75 3.58 3.61 3.56 3.59 3.54 3.57 3.37 3.40 Loss provisioning6 .................................................. .32 .39 .54 .60 .54 .55 .68 .91 .80 .67 Non-interest income ................................................ Service charges on deposits .............................. Fiduciary activities ............................................... Trading income .................................................... Interest rate exposures ................................... Foreign exchange rate exposures ................. _ Other commodity and equity exposures _ Other....................................................................... 2.25 .45 .39 .08 n.a. n.a. n.a. 1.33 2.38 .44 .40 .09 n.a. n.a. n.a. 1.45 2.61 .44 .43 .08 .03 .04 .01 1.67 2.76 .44 .44 .08 .02 .05 * 1.79 3.07 .42 .49 .09 .03 .06 * 2.07 3.36 .41 .48 .08 .02 .05 * 2.39 3.18 .42 .52 .07 .02 .04 * 2.18 3.36 .42 .42 .08 .04 .03 * 2.44 3.30 .42 .42 .08 .04 .04 * 2.37 3.28 .42 .37 .09 .04 .04 .01 2.40 Non-interest expense ............................................... Salaries, wages, and employee benefits........... Occupancy ............................................................ Other....................................................................... 3.86 1.50 .47 1.89 3.79 1.47 .47 1.85 3.85 1.51 .48 1.86 3.85 1.51 .46 1.88 4.03 1.53 .46 2.04 4.12 1.53 .45 2.14 4.00 1.44 .43 2.14 3.95 1.47 .42 2.07 3.73 1.49 .40 1.84 3.63 1.47 .41 1.76 Net non-interest expense......................................... 1.61 1.41 1.24 1.10 .96 .76 .82 .59 .43 .35 Gains on investment account securities ............... -.01 .02 .02 .02 .03 -.01 -.05 .09 .10 .06 Income before taxes and extraordinary item s_ _ Taxes ..................................................................... Extraordinary items, net of income taxes ....... 2.01 .70 * 2.09 .75 * 2.18 .77 * 2.24 .78 * 2.40 .86 * 2.02 .70 * 2.15 .74 * 2.41 .82 * 2.41 .82 * Net income ............................................................... Cash dividends declared..................................... Retained income .................................................. 1.85 .63 * 1.22 .86 .36 1.31 .85 .46 1.34 1.07 .26 1.42 .93 .48 1.45 .96 .50 1.54 1.16 .38 1.32 .94 .38 1.40 .96 .44 1.59 .99 .60 1.59 1.05 .54 Memo: Return on equity......................................... 16.27 16.84 16.78 17.36 17.38 18.46 15.72 15.79 17.26 17.01 * In absolute value, less than 0.005 percent. n.a. Not available. MMDA Money market deposit account. RP Repurchase agreement. CD Certificate of deposit. 1. Includes allocated transfer risk reserves. 2. As in the Call Report, equity securities were combined with “other debt securities” before 1989. 3. Before 1994, the netted value of revaluation gains and losses appeared in “trading account securities” if it was a gain and in “other non-interest-bearing liabilities” if it was a loss. 4. When possible, based on the average of quarterly balance sheet data reported on schedule RC-K of the quarterly Call Reports. 5. Before 1997, large time open accounts included in other time deposits. 6. Includes provisions for allocated transfer risk. 188 A.2. Federal Reserve Bulletin □ Spring 2004 Portfolio composition, interest rates, and income and expense, all U.S. banks, 1994-2003 D. Banks ranked 101 through 1,000 by assets Item 1994 1995 1996 1997 1998 1999 2000 2002 2001 2003 Balance sheet items as a percentage of average net consolidated assets 90.89 59.71 12.08 11.92 .16 15.75 5.95 9.80 29.45 29.43 2.08 .36 16.27 2.33 13.94 1.13 9.58 .03 90.97 62.18 12.70 12.54 .16 16.25 6.30 9.95 30.82 30.80 2.21 .40 17.50 2.37 15.14 1.21 9.48 .02 91.10 62.63 12.79 12.61 .18 15.88 6.66 9.22 31.37 31.34 2.38 .46 17.34 2.30 15.03 1.29 9.87 .02 91.32 62.22 12.43 12.19 .23 14.03 5.52 8.52 33.23 33.21 2.69 .53 18.14 2.30 15.84 1.29 10.56 .02 91.36 61.13 12.48 12.16 .32 12.28 4.48 7.80 33.94 33.92 2.88 .56 18.19 2.15 16.05 1.26 11.03 .02 91.68 61.49 12.64 12.32 .32 10.79 3.37 7.41 35.90 35.88 3.49 .58 18.26 1.99 16.27 1.44 12.12 .02 91.50 62.15 12.95 12.60 .35 10.19 3.27 6.92 36.94 36.91 4.15 .65 17.17 2.10 15.06 1.58 13.36 .02 91.16 62.46 13.03 12.65 .38 9.76 3.61 6.15 37.64 37.62 4.90 .66 16.18 2.21 13.97 1.69 14.18 .02 91.36 61.46 12.38 12.06 .31 8.13 2.64 5.50 38.92 38.90 5.40 .73 15.39 2.51 12.88 1.83 15.55 .03 91.34 61.33 11.52 11.21 .31 6.80 1.82 4.97 40.96 40.91 5.90 .80 15.71 2.92 12.79 2.00 16.51 .05 .42 .02 .62 1.98 .83 -.15 -1.30 25.74 25.43 24.99 8.18 .36 .02 .69 1.78 .90 -.12 -1.22 23.09 22.88 22.42 6.48 .50 .02 .71 1.68 1.01 -.10 -1.22 22.67 22.55 22.03 5.61 .59 .02 .74 1.47 .99 -.10 -1.18 23.45 23.35 22.74 4.96 .53 .03 .80 1.30 .99 -.09 -1.13 24.26 24.15 23.46 3.92 .46 .03 .78 1.25 .78 -.08 -1.06 25.17 25.09 24.33 2.53 .37 .03 .82 1.22 .75 -.08 -1.04 24.34 24.25 23.46 1.80 .38 .03 .85 1.22 .74 -.0 7 -1.12 22.81 22.70 22.27 1.32 .37 .02 .86 1.18 .76 -.06 -1.10 23.86 23.80 23.30 1.22 .37 .02 .83 1.22 .69 -.06 -1.02 24.36 24.22 23.79 1.00 12.77 5.64 4.34 2.79 2.30 .73 .99 .43 .31 3.64 1.79 9.11 .02 9.09 12.23 5.42 3.56 3.25 2.13 .68 .89 .47 .20 3.92 1.78 9.03 .05 8.99 12.66 5.69 3.12 3.85 2.24 .76 .76 .52 .12 3.87 1.93 8.90 .02 8.88 13.97 6.22 3.01 4.73 2.44 .59 .78 .61 .10 3.60 2.05 8.68 * 8.68 15.13 6.46 3.22 5.44 2.70 .65 1.06 .69 .11 4.17 1.80 8.64 * 8.63 16.29 6.72 3.52 6.05 2.91 1.00 1.60 .77 .08 3.35 1.68 8.32 .01 8.31 15.56 6.22 3.04 6.30 2.91 .99 2.19 .80 .09 3.40 1.60 8.50 .02 8.49 14.70 6.27 3.08 5.35 2.90 .94 2.42 .43 .11 4.20 1.68 8.84 .01 8.84 15.85 6.55 3.69 5.60 2.89 .99 2.34 .50 .06 4.15 1.89 8.64 .01 8.64 16.96 7.03 3.69 6.24 2.95 .87 2.01 .43 .14 3.85 1.81 8.66 * 8.65 Liabilities ......................................................................... Interest-bearing liabilities......................................... Deposits ................................................................. In foreign offices ............................................... In domestic offices ........................................... Other checkable deposits ............................ Savings (including MMDAs) .................... Small-denomination time deposits ........... Large-denomination time deposits ........... Gross federal funds purchased and RPs ........... Other ....................................................................... Non-interest-bearing liabilities ................................ Demand deposits in domestic offices................. Revaluation losses held in trading accounts 3 .. Other ...................................................................... 91.62 74.76 60.45 1.69 58.75 9.72 22.94 19.31 6.79 8.46 5.86 16.86 14.59 .02 2.26 91.36 75.00 59.68 1.71 57.97 8.54 20.75 21.12 7.56 8.31 7.00 16.36 14.07 .05 2.24 91.06 75.06 59.98 1.33 58.65 6.21 22.49 21.61 8.34 8.19 6.88 16.00 13.84 .02 2.14 90.78 75.19 61.47 1.23 60.25 4.96 23.59 22.03 9.66 7.09 6.62 15.60 13.15 .01 2.44 90.55 75.42 62.40 1.31 61.09 4.23 25.65 21.22 9.99 6.16 6.86 15.13 11.90 .01 3.22 90.90 76.76 61.94 1.20 60.74 3.75 27.35 19.61 10.03 6.90 7.92 14.15 10.19 .01 3.95 90.95 77.43 62.67 1.27 61.40 3.32 27.03 19.44 11.61 6.30 8.45 13.52 8.97 * 4.55 90.32 77.01 63.10 1.23 61.86 3.25 27.67 18.80 12.14 5.76 8.15 13.31 8.23 .01 5.08 89.93 76.35 62.83 .88 61.95 3.32 30.17 16.83 11.63 5.27 8.25 13.58 8.05 .01 5.52 89.69 75.79 61.95 .64 61.31 3.55 31.42 15.04 11.29 5.35 8.49 13.90 7.97 * 5.93 Capital account ............................................................. 8.38 8.64 8.94 9.22 9.45 9.10 9.05 9.68 10.07 10.31 13.06 .28 22.83 13.19 .17 24.61 13.83 .13 24.78 14.77 .11 24.66 15.38 .09 24.46 17.28 .08 26.32 19.32 .07 28.01 21.03 .08 27.75 23.05 .10 26.57 24.62 .11 26.40 1,030 1,092 1,075 968 935 972 986 1,002 1,022 1,072 Interest-earning assets .................................................. Loans and leases, net ............................................... Commercial and industrial ................................. U.S. addressees.................................................. Foreign addressees ........................................... Consumer ............................................................... Credit card.......................................................... Installment and other ....................................... Real estate .............................................................. In domestic offices ........................................... Construction and land development ......... Farmland ........................................................ One- to four-family residential................... Home equity ............................................. Other .......................................................... Multifamily residential ................................ Nonfarm nonresidential .............................. In foreign offices .............................................. To depository institutions and acceptances of other banks ............................................... Foreign governments ........................................... Agricultural production ....................................... Other lo a n s............................................................. Lease-financing receivables ................................ Less: Unearned income on loans ...................... Less: Loss reserves1 ............................................. Securities..................................................................... Investment account .............................................. D e b t..................................................................... U.S. Treasury ................................................ U.S. government agency and corporation obligations ...................... Government-backed mortgage pools . .. Collateralized mortgage obligations — Other .......................................................... State and local government ........................ Private mortgage-backed securities........... Other............................................................... Equity2 ............................................................... Trading account .................................................... Gross federal funds sold and reverse RPs ........... Interest-bearing balances at depositories............... Non-interest-earning assets........................................... Revaluation gains held in trading accounts3 ....... O ther............................................................................ Memo Commercial real estate lo a n s....................................... Other real estate o w ned................................................ Managed liabilities ........................................................ Average net consolidated assets (billions of dollars) ............................................... Profits and Balance Sheet Developments at U.S. Commercial Banks in 2003 189 A.2.—Continued D. Banks ranked 101 through 1,000 by assets Item 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Effective interest rate (percent)4 Rates earned Interest-earning assets ............................................. Taxable equivalent........................................... Loans and leases, gross ..................................... Net of loss provisions ................................ Securities............................................................... Taxable equivalent ..................................... Investment account ......................................... U.S. Treasury securities and U.S. government agency obligations (excluding MBS) ................................ Mortgage-backed securities ...................... Other .............................................................. Trading account ............................................... Gross federal funds sold and reverse RPs _ _ Interest-bearing balances at depositories......... 7.57 7.67 8.63 8.28 5.68 5.93 5.68 8.42 8.51 9.43 8.93 6.24 6.50 6.24 8.41 8.50 9.38 8.76 6.34 6.60 6.34 8.49 8.59 9.48 8.76 6.43 6.69 6.43 8.32 8.44 9.37 8.76 6.31 6.57 6.30 7.83 7.92 8.74 8.26 6.03 6.29 6.03 8.50 8.56 9.42 8.75 6.45 6.71 6.45 7.82 7.94 8.76 7.87 5.96 6.24 5.96 6.40 6.51 7.33 6.57 4.93 5.19 4.93 5.56 5.67 6.56 6.02 3.80 4.05 3.82 n.a. n.a. n.a. 5.29 4.05 4.28 n.a. n.a. n.a. 5.55 5.45 6.07 n.a. n.a. n.a. 5.94 5.29 5.69 n.a. n.a. n.a. 6.37 5.42 5.44 n.a. n.a. n.a. 6.84 5.31 5.76 n.a. n.a. n.a. 7.33 4.98 5.07 n.a. n.a. n.a. 9.30 6.15 5.76 5.85 6.33 5.40 6.60 3.91 3.93 4.54 5.38 4.51 3.82 1.73 1.79 3.42 3.95 4.07 1.67 1.27 1.27 Rates paid Interest-bearing liabilities ....................................... Interest-bearing deposits..................................... In foreign offices ............................................. In domestic offices........................................... Other checkable deposits .......................... Savings (including M M D A s).................... Large time deposits5 ................................. Other time deposits5 ................................. Gross federal funds purchased and RPs ......... Other interest-bearing liabilities........................ 3.57 3.31 4.31 3.28 1.87 2.64 4.23 4.40 4.12 4.92 4.64 4.26 5.94 4.21 2.02 3.24 5.62 5.53 5.61 6.28 4.58 4.27 5.72 4.23 1.96 3.11 5.48 5.57 5.16 5.90 4.66 4.34 5.42 4.32 2.16 3.08 5.56 5.57 5.21 6.09 4.60 4.28 5.55 4.25 2.15 2.97 5.51 5.64 5.14 6.00 4.19 3.84 5.07 3.82 1.99 2.65 5.17 5.11 4.83 5.36 4.93 4.46 6.12 4.43 2.27 3.07 6.00 5.74 5.95 6.45 4.11 3.81 4.27 3.81 1.81 2.22 5.27 5.51 3.82 5.41 2.54 2.28 2.14 2.28 1.06 1.17 3.34 3.77 1.83 4.17 1.88 1.60 1.43 1.61 .74 .75 2.57 2.86 1.29 3.59 Income and expense as a percentage of average net consolidated assets Gross interest income ............................................. Taxable equivalent........................................... Loans ..................................................................... Securities............................................................... Gross federal funds sold and reverse RPs _ _ O ther....................................................................... 6.89 6.98 5.25 1.45 .14 .06 7.68 7.76 5.98 1.43 .21 .07 7.68 7.75 5.99 1.42 .20 .06 7.75 7.83 6.00 1.50 .19 .06 7.63 7.71 5.85 1.50 .22 .06 7.19 7.27 5.47 1.51 .17 .04 7.79 7.86 5.96 1.57 .21 .04 7.16 7.24 5.59 1.33 .16 .04 5.85 5.93 4.58 1.15 .07 .02 5.07 5.15 4.07 .91 .05 .01 Gross interest expense ............................................. D eposits................................................................. Gross federal funds purchased and RPs ......... O ther....................................................................... 2.65 2.01 .35 .29 3.46 2.56 .46 .44 3.40 2.57 .43 .40 3.47 2.70 .37 .40 3.44 2.71 .32 .41 3.20 2.44 .34 .42 3.79 2.87 .38 .54 3.14 2.48 .22 .44 1.92 1.49 .09 .34 1.41 1.04 .07 .30 Net interest incom e.................................................. Taxable equivalent........................................... 4.24 4.33 4.23 4.31 4.27 4.35 4.28 4.36 4.19 4.27 3.99 4.07 4.00 4.07 4.02 4.10 3.93 4.00 3.67 3.74 Loss provisioning6 .................................................. .32 .43 .50 .56 .48 .39 .52 .65 .55 .40 Non-interest income ................................................ Service charges on deposits .............................. Fiduciary activities............................................... Trading income .................................................... Interest rate exposures ................................... Foreign exchange rate exposures ................. Other commodity and equity exposures _ _ Other....................................................................... 1.86 .42 .28 .02 n.a. n.a. n.a. 1.14 1.84 .42 .27 .03 n.a. n.a. n.a. 1.12 1.88 .41 .29 .02 .01 .01 * 1.16 2.08 .40 .32 .01 .01 * * 1.34 2.25 .39 .37 .02 .01 * * 1.47 2.31 .38 .38 .02 .01 * * 1.53 2.35 .36 .44 .01 .01 * * 1.55 2.37 .39 .40 * -.01 * * 1.58 2.37 .41 .35 * * * * 1.61 2.31 .41 .31 .01 .01 * * 1.59 Non-interest expense ............................................... Salaries, wages, and employee benefits........... Occupancy ............................................................ Other....................................................................... 3.77 1.49 .46 1.83 3.68 1.44 .45 1.79 3.69 1.44 .45 1.80 3.73 1.50 .46 1.76 3.86 1.57 .47 1.83 3.70 1.56 .47 1.68 3.84 1.59 .47 1.78 3.88 1.61 .46 1.81 3.73 1.64 .45 1.64 3.59 1.64 .43 1.53 1.28 Net non-interest expense......................................... 1.92 1.84 1.81 1.65 1.61 1.39 1.48 1.52 1.36 Gains on investment account securities ............... -.05 -.01 .02 .02 .04 -.01 -.04 .05 .04 .05 Income before taxes and extraordinary item s_ _ Taxes ..................................................................... Extraordinary items, net of income taxes ....... 1.96 .67 * 1.96 .67 * 1.98 .69 * 2.10 .73 * 2.14 .73 .06 2.19 .74 .01 1.96 .67 * 1.90 .66 .01 2.06 .67 * 2.04 .66 .03 Net income ............................................................... Cash dividends declared..................................... Retained income .................................................. 1.29 .81 .48 1.28 .87 .41 1.29 1.04 .25 1.37 1.09 .28 1.46 1.01 .45 1.46 1.06 .40 1.29 .92 .37 1.25 1.33 -.08 1.38 1.19 .19 1.40 1.64 -.24 Memo: Return on equity......................................... 15.42 14.82 14.45 14.90 15.49 16.11 14.22 12.95 13.74 13.62 * In absolute value, less than 0.005 percent. n.a. Not available. MMDA Money market deposit account. RP Repurchase agreement. CD Certificate of deposit. 1. Includes allocated transfer risk reserves. 2. As in the Call Report, equity securities were combined with “other debt securities” before 1989. 3. Before 1994, the netted value of revaluation gains and losses appeared in “trading account securities” if it was a gain and in “other non-interest-bearing liabilities” if it was a loss. 4. When possible, based on the average of quarterly balance sheet data reported on schedule RC-K of the quarterly Call Reports. 5. Before 1997, large time open accounts included in other time deposits. 6. Includes provisions for allocated transfer risk. 190 A.2. Federal Reserve Bulletin □ Spring 2004 Portfolio composition, interest rates, and income and expense, all U.S. banks, 1994-2003 E. Banks not ranked among the 1,000 largest by assets Item 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Balance sheet items as a percentage of average net consolidated assets Interest-earning assets .................................................. Loans and leases, net ............................................... Commercial and industrial ................................. U.S. addressees .................................................. Foreign addressees ........................................... Consumer ............................................................... Credit card.......................................................... Installment and other ....................................... Real estate ............................................................. In domestic offices ........................................... Construction and land development ......... Farmland ........................................................ One- to four-family residential................... Home equity ............................................. Other .......................................................... Multifamily residential ............................... Nonfarm nonresidential .............................. In foreign offices ............................................... To depository institutions and acceptances of other banks ............................................... Foreign governments ........................................... Agricultural production ....................................... Other lo a n s............................................................. Lease-financing receivables ............................... Less: Unearned income on loans ...................... Less: Loss reserves1 ............................................. Securities..................................................................... Investment account ............................................... D e b t..................................................................... U.S. Treasury ................................................ U.S. government agency and corporation obligations ...................... Government-backed mortgage pools . .. Collateralized mortgage obligations___ Other .......................................................... State and local government ........................ Private mortgage-backed securities........... Other............................................................... Equity2 ............................................................... Trading account .................................................... Gross federal funds sold and reverse RPs ........... Interest-bearing balances at depositories ............... Non-interest-earning assets........................................... Revaluation gains held in trading accounts3 ........ Other............................................................................ 92.48 54.64 9.31 9.27 .05 9.38 .96 8.41 32.18 32.18 2.14 2.34 16.94 1.21 15.73 .93 9.83 * 92.48 56.61 9.65 9.59 .06 9.54 1.01 8.53 33.55 33.54 2.38 2.48 17.45 1.20 16.25 .95 10.28 * 92.45 57.38 9.98 9.90 .07 9.42 1.04 8.38 34.10 34.10 2.61 2.55 17.48 1.20 16.28 .92 10.54 * 92.44 58.75 10.16 10.08 .08 8.98 .85 8.14 35.55 35.54 2.82 2.69 18.16 1.24 16.92 .95 10.92 * 92.64 59.11 10.33 10.25 .08 8.46 .70 7.76 36.04 36.04 3.02 2.83 18.04 1.21 16.84 .93 11.21 * 92.55 59.75 10.64 10.55 .08 8.15 .68 7.47 36.84 36.84 3.28 2.95 17.66 1.17 16.49 .98 11.97 * 92.52 62.31 11.09 11.02 .07 7.97 .58 7.39 39.30 39.29 3.70 3.06 18.43 1.28 17.15 1.04 13.06 * 92.25 62.67 11.10 11.02 .08 7.42 .57 6.85 40.31 40.30 4.23 3.04 18.25 1.37 16.87 1.06 13.72 * 92.22 62.72 10.71 10.65 .06 6.76 .49 6.28 41.52 41.52 4.51 3.08 17.91 1.62 16.29 1.16 14.86 * 92.13 62.33 10.43 10.37 .05 6.16 .51 5.64 42.31 42.31 4.99 3.12 17.10 1.80 15.30 1.28 15.82 * .17 .01 3.89 .77 .20 -.31 -.95 32.90 32.86 32.43 10.75 .19 * 3.95 .72 .22 -.30 -.93 30.51 30.48 30.03 9.19 .21 * 3.92 .69 .23 -.2 7 -.9 0 29.53 29.50 29.01 7.85 .20 * 4.05 .67 .25 -.24 -.87 28.25 28.21 27.69 6.70 .14 * 4.28 .67 .24 -.20 -.86 26.70 26.66 26.12 5.05 .14 .01 4.06 .67 .26 -.15 -.87 26.92 26.88 26.35 3.34 .12 .01 3.85 .69 .27 -.11 -.88 25.40 25.38 24.82 2.12 .12 * 3.76 .67 .27 -.09 -.88 22.81 22.80 22.49 1.33 .10 * 3.64 .65 .31 -.07 -.9 0 23.34 23.33 23.06 1.04 .09 * 3.39 .66 .26 -.06 -.92 23.46 23.42 23.11 .90 15.25 4.73 3.05 7.47 5.00 .26 .96 .43 .04 3.42 1.52 7.52 * 7.52 15.13 4.19 2.76 8.19 4.70 .20 .82 .45 .03 3.91 1.45 7.52 * 7.52 15.67 4.21 2.46 9.00 4.62 .18 .68 .49 .03 4.04 1.51 7.55 * 7.55 15.58 4.01 2.19 9.38 4.60 .19 .61 .52 .03 3.95 1.49 7.56 * 7.56 15.43 3.90 2.02 9.51 4.80 .16 .68 .54 .04 5.13 1.72 7.36 * 7.36 16.89 3.95 2.00 10.94 4.96 .26 .89 .53 .03 4.17 1.71 7.45 * 7.45 16.95 3.47 1.70 11.78 4.64 .23 .88 .56 .02 3.22 1.59 7.48 * 7.48 15.27 3.78 1.94 9.56 4.51 .27 1.11 .30 .01 5.00 1.77 7.75 * 7.75 16.07 4.54 2.30 9.23 4.56 .26 1.12 .27 .01 4.26 1.89 7.78 * 7.78 16.22 4.84 2.20 9.18 4.73 .21 1.05 .31 .03 4.27 2.08 7.87 * 7.87 Liabilities......................................................................... Interest-bearing liabilities......................................... Deposits ................................................................. In foreign offices ............................................... In domestic offices ........................................... Other checkable deposits ............................ Savings (including MMDAs) .................... Small-denomination time deposits ........... Large-denomination time deposits ........... Gross federal funds purchased and RPs ........... Other ....................................................................... Non-interest-bearing liabilities ................................ Demand deposits in domestic offices................. Revaluation losses held in trading accounts3 .. Other ...................................................................... 90.43 76.18 73.14 .09 73.05 13.31 23.23 28.83 7.67 1.89 1.16 14.25 13.34 * .90 90.04 75.74 72.70 .11 72.59 12.37 20.41 30.92 8.89 1.78 1.25 14.30 13.23 * 1.07 89.81 75.58 72.47 .10 72.37 11.75 19.58 31.28 9.76 1.71 1.41 14.23 13.12 * 1.10 89.63 75.47 72.05 .09 71.96 11.39 18.98 31.09 10.50 1.67 1.74 14.16 13.09 * 1.06 89.54 75.35 71.77 .07 71.70 11.18 19.01 30.42 11.10 1.49 2.09 14.19 13.08 * 1.10 89.75 75.90 71.41 .07 71.34 11.07 19.69 29.07 11.50 1.79 2.70 13.86 12.80 * 1.06 89.89 76.05 70.54 .05 70.48 10.57 19.03 28.42 12.47 2.06 3.45 13.84 12.64 * 1.20 89.60 76.00 70.94 .06 70.88 10.19 19.14 28.08 13.48 1.55 3.51 13.59 12.16 * 1.43 89.73 76.01 70.50 .06 70.45 10.42 20.99 25.91 13.13 1.51 4.00 13.71 12.24 * 1.47 89.58 75.47 69.82 .05 69.77 10.60 22.00 24.20 12.97 1.52 4.13 14.11 12.57 * 1.53 Capital account ............................................................. 9.57 9.96 10.19 10.37 10.46 10.25 10.11 10.40 10.27 10.42 13.02 .35 10.83 13.72 .25 12.05 14.18 .20 12.99 14.80 .16 14.02 15.26 .13 14.76 16.33 .11 16.08 17.92 .11 18.08 19.15 .12 18.66 20.68 .14 18.79 22.23 .15 18.78 679 666 661 647 644 651 655 674 704 742 Memo Commercial real estate lo a n s....................................... Other real estate ow ned................................................ Managed liabilities ........................................................ Average net consolidated assets (billions of dollars) .............................................. Profits and Balance Sheet Developments at U.S. Commercial Banks in 2003 191 A.2.—Continued E. Banks not ranked among the 1,000 largest by assets Item 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Effective interest rate (percent)4 Rates earned Interest-earning assets ............................................. Taxable equivalent........................................... Loans and leases, gross ..................................... Net of loss provisions ................................ Securities............................................................... Taxable equivalent ..................................... Investment account ......................................... U.S. Treasury securities and U.S. government agency obligations (excluding MBS) ................................ Mortgage-backed securities ...................... Other .............................................................. Trading account ............................................... Gross federal funds sold and reverse RPs ___ Interest-bearing balances at depositories......... Rates paid Interest-bearing liabilities ....................................... Interest-bearing deposits..................................... In foreign offices ............................................. In domestic offices........................................... Other checkable deposits .......................... Savings (including M M D A s)..................... Large time deposits5 .................................. Other time deposits5 .................................. Gross federal funds purchased and RPs ......... Other interest-bearing liabilities........................ 7.58 7.72 S.81 5.61 5.99 5.61 8.38 8.53 9.80 9.54 6.10 6.49 6.10 8.36 8.50 9.75 9.47 6.14 6.52 6.14 8.49 8.63 9.80 9.49 6.26 6.65 6.26 8.33 8.48 9.69 9.34 6.04 6.46 6.04 8.05 8.18 9.28 8.89 5.88 6.29 5.89 8.46 8.56 9.51 9.14 6.15 6.54 6.15 7.91 8.05 9.03 8.59 5.86 6.28 5.86 6.80 6.93 7.87 7.42 5.02 5.43 5.02 5.92 6.06 7.10 6.75 3.86 4.26 3.87 n.a. n.a. n.a. 6.03 4.09 4.64 n.a. n.a. n.a. 6.12 5.95 5.88 n.a. n.a. n.a. 6.47 5.34 5.63 n.a. n.a. n.a. 6.33 5.51 5.62 n.a. n.a. n.a. 5.26 5.35 5.67 n.a. n.a. n.a. 3.60 4.96 5.69 n.a. n.a. n.a. 4.01 6.25 6.38 5.97 6.20 5.29 6.43 3.83 4.56 4.80 5.47 4.87 4.80 1.63 2.68 3.74 3.58 4.43 .66 1.08 1.96 3.49 3.44 3.92 3.44 2.30 2.83 4.12 4.28 4.11 5.02 4.46 4.39 5.73 4.39 2.50 3.32 5.55 5.51 5.60 6.45 4.49 4.44 5.34 4.44 2.41 3.26 5.48 5.61 5.12 5.77 4.60 4.53 4.77 4.53 2.46 3.36 5.53 5.66 5.23 6.31 4.60 4.53 5.08 4.53 2.45 3.39 5.53 5.63 4.99 6.45 4.28 4.22 4.34 4.22 2.28 3.21 5.22 5.25 4.73 5.63 4.80 4.67 5.13 4.67 2.47 3.56 5.89 5.70 5.69 6.22 4.40 4.32 4.04 4.32 1.97 2.81 5.53 5.60 3.92 5.74 2.92 2.78 1.67 2.79 1.16 1.72 3.61 3.88 1.84 5.31 2.13 2.02 .85 2.02 .78 1.13 2.78 2.96 1.31 4.06 901 Income and expense as a percentage of average net consolidated assets Gross interest income ............................................. Taxable equivalent........................................... Loans ..................................................................... Securities............................................................... Gross federal funds sold and reverse RPs _ _ Other....................................................................... 7.02 7.16 4.99 1.84 .15 .04 7.78 7.91 5.63 1.86 .25 .04 7.77 7.89 5.68 1.80 .24 .04 7.90 8.02 5.86 1.76 .24 .04 7.75 7.87 5.80 1.59 .29 .06 7.48 7.60 5.62 1.58 .22 .06 7.83 7.95 5.99 1.57 .21 .05 7.35 7.45 5.75 1.32 .20 .05 6.33 6.43 5.03 1.16 .07 .03 5.48 5.58 4.49 .89 .05 .03 Gross interest expense ............................................. D eposits................................................................. Gross federal funds purchased and RPs ......... Other....................................................................... 2.65 2.52 .07 .06 3.37 3.19 .10 .08 3.39 3.22 .08 .08 3.48 3.28 .08 .11 3.46 3.25 .07 .13 3.26 3.03 .08 .15 3.64 3.30 .12 .21 3.34 3.08 .06 .20 2.23 1.98 .03 .21 1.60 1.41 .02 .17 Net interest incom e.................................................. Taxable equivalent........................................... 4.36 4.50 4.41 4.54 4.38 4.50 4.42 4.54 4.28 4.41 4.22 4.35 4.20 4.31 4.01 4.12 4.10 4.21 3.88 3.98 Loss provisioning6 .................................................. .19 .24 .25 .27 .29 .31 .31 .36 .35 .29 Non-interest income ................................................. Service charges on deposits .............................. Fiduciary activities............................................... Trading income .................................................... Interest rate exposures ................................... Foreign exchange rate exposures ................. Other commodity and equity exposures___ Other....................................................................... 1.30 .44 .17 * n.a. n.a. n.a. .69 1.38 .44 .22 .01 n.a. n.a. n.a. .71 1.42 .44 .19 * * * * .79 1.42 .44 .20 * * * * .77 1.52 .42 .23 * * * * .86 1.44 .42 .26 * * * * .75 1.32 .43 .21 .01 * * * .67 1.31 .44 .25 * * * * .62 1.39 .45 .27 * * * * .67 1.46 .43 .28 * * * * .75 Non-interest expense ............................................... Salaries, wages, and employee benefits........... Occupancy ............................................................ Other....................................................................... 3.79 1.75 .49 1.55 3.80 1.79 .50 1.51 3.70 1.77 .49 1.44 3.69 1.80 .49 1.40 3.74 1.82 .49 1.43 3.73 1.82 .49 1.42 3.58 1.78 .47 1.32 3.55 1.79 .47 1.29 3.57 1.82 .46 1.28 3.55 1.82 .45 1.28 2.09 Net non-interest expense......................................... 2.48 2.42 2.28 2.28 2.23 2.29 2.26 2.24 2.18 Gains on investment account securities ............... -.03 * .01 .01 .02 * -.01 .04 .05 .04 Income before taxes and extraordinary item s---Taxes ..................................................................... Extraordinary items, net o f income taxes ........ 1.66 .51 * 1.75 .55 * 1.85 .59 * 1.89 .59 * 1.79 .53 * 1.62 .46 * 1.61 .45 * 1.45 .39 * 1.60 .41 -.01 1.53 .38 * Net income ............................................................... Cash dividends declared..................................... Retained income .................................................. 1.15 .57 .58 1.20 .62 .58 1.26 .64 .62 1.30 .74 .56 1.26 .82 .44 1.15 .68 .48 1.17 .79 .38 1.06 .64 .42 1.18 .68 .50 1.14 .67 .47 Memo: Return on equity......................................... 12.03 12.05 12.37 12.53 12.02 11.25 11.53 10.17 11.47 10.98 * In absolute value, less than 0.005 percent. n.a. Not available. MMDA Money market deposit account. RP Repurchase agreement. CD Certificate of deposit. 1. Includes allocated transfer risk reserves. 2. As in the Call Report, equity securities were combined with “other debt securities” before 1989. 3. Before 1994, the netted value of revaluation gains and losses appeared in “trading account securities” if it was a gain and in “other non-interest-bearing liabilities” if it was a loss. 4. When possible, based on the average of quarterly balance sheet data reported on schedule RC-K of the quarterly Call Reports. 5. Before 1997, large time open accounts included in other time deposits. 6. Includes provisions for allocated transfer risk. 192 Report on the Condition of the U.S. Banking Industry: Fourth Quarter, 2003 The assets of reporting bank holding companies expanded roughly $130 billion, or 1.6 percent, in the fourth quarter. Securities and money market assets accounted for most of the increase, rising about $120 billion after having declined in the third quarter. Bank holding companies added to their holdings of mortgage pass-through securities and direct obliga tions of U.S. government agencies. Loans grew 1.4 percent, a more modest pace than in recent periods, tempered by continuing declines in commer cial and industrial lending and some shrinkage in the stock of residential mortgage loans held for sale to securitization vehicles (related to slower mortgage originations). Deposits and borrowings increased 2.3 percent and 2.4 percent, respectively, in part compensating for a decline in other liabilities. Undrawn commitments to lend rose more than $200 billion, or 5.4 percent, in the quarter and reached the $4.0 trillion level for the first time. Most of the increase was in the credit card category, due in large part to the acquisition during the quarter of large credit card portfolios from non-bankholding-company firms. Asset quality showed further signs of improve ment. Nonperforming assets continued to decline— both in absolute terms and as a share of loans—as they have since late 2002. The net charge-off ratio increased slightly in the fourth quarter, to 0.83 per cent of average loans, but remained well below yearearlier levels. Net income rose overall to $28.3 billion for the fourth quarter, bringing full-year profits to $100 bil lion for the first time. Net interest income accounted for much of the quarterly improvement and was fueled by healthy growth in securities holdings and a rebound in yields on mortgage-backed securities— the latter related to slower prepayments. Net interest margins inched up to 3.46 percent of period-average earning assets, representing at the least a pause in the steady contraction that margins have sustained since late 2001. Non-interest income recovered 4.5 percent after a small third-quarter decline, supported by higher fees from asset management, mortgage servic ing, and investment banking. Non-interest expense, which often jumps in the final quarter of a year, increased only modestly in this case and continued to represent roughly 62 percent of pretax revenue. All of the quarterly gain in aggregate earnings occurred at the “fifty large” bank holding compa nies. For “all other” bank holding companies, aggre gate earnings declined slightly in the fourth quarter as they had in the third quarter. Non-interest costs at these smaller bank holding companies expanded nearly 6 percent in the fourth quarter, while non interest income slipped slightly. The net charge-off ratio rose significantly at smaller institutions in the fourth quarter, although at 0.49 percent of average loans it was still only half the level of the “fifty large” bank holding companies. Tables start on page 193. 193 1. Financial characteristics of all reporting bank holding companies in the United States M illio n s o f d o lla rs e x c e p t as n o ted , n o t se aso n a lly a d ju s te d 2002 Account or ratio1- 2 1999 2000 2001 2002 2003 2003 Q2 Q3 Q4 Ql Q2 Q3 Q4 Balance sheet 6,205,131 6,682,719 7,439,323 7,930,057 8,819,467 7,623,734 7,776,519 7,930,057 8,165,955 8,661,400 8,683,368 8,819,467 Loans ............................................................ 3,381,377 Securities and money m a rk e t.................. 2,075,524 Allowance for loan losses ...................... -54,336 802,566 O t h e r ............................................................ 3,693,963 2,177,628 -58,709 869,837 3,800,958 2,554,074 -66,705 1,150,997 4,041,220 2,846,398 -71,914 1,114,353 4,393,666 3,285,907 -72,206 1,212,100 3,828,026 2,761,576 -69,361 1,103,494 3,908,801 2,847,808 -70,264 1,090,174 4,041,220 2,846,398 -71,914 1,114,353 4,109,272 3,000,025 -71,668 1,128,327 4,261,680 3,207,814 -71,955 1,263,861 4,332,719 3,166,019 -71,369 1,255,999 4,393,666 3,285,907 -72,206 1,212,100 Total lia b ilities.......................................... 6,172,225 6,858,551 7,295,544 8,123,613 7,012,587 7,156,132 7,295,544 7,517,055 7,988,409 8,003,351 8,123,613 4,674,108 2,610,429 839,076 4,050,023 2,176,850 785,714 4,157,546 2,260,137 738,450 4,326,602 2,223,501 745,441 4,420,283 2,311,491 785,282 4,565,704 2,504,626 918,082 4,570,537 2,549,138 883,677 4,674,108 2,610,429 839,076 Total a s s e ts ................................................ 5,742,150 D eposits....................................................... Borrowings ................................................ Other-1 ......................................................... 3,500,632 1,762,964 478,555 3,748,468 1,964,922 458,835 4,001,377 2,057,607 799,568 4,326,602 2,223,501 745,441 Total equity .............................................. 462,981 510,494 580,773 634,513 695,854 611,147 620,387 634,513 648,900 672,991 680,017 695,854 Off-balance-sheet Unused commitments to lend4 ................ 3,095,397 Securitizations outstanding5 .................... n.a. Derivatives (notional value, billions)6 . . 37,786 3,297,511 n.a. 43,483 3,481,744 276,717 48,261 3,650,669 295,001 57,734 4,097,594 298,348 72,870 3,547,956 282,556 52,614 3,610,928 287,846 55,464 3,650,669 295,001 57,734 3,714,160 284,429 63,993 3,756,486 285,286 68,222 3,887,356 290,328 69,411 4,097,594 298,348 72,870 76,649 187,103 20,067 173,041 224,044 3,114 72,055 195,079 26,864 195,995 253,165 -588 65,377 221,406 39,522 214,061 297,108 4,294 84,534 242,645 42,922 215,826 291,948 4,493 106,614 254,212 31,532 245,029 311,032 5,770 21,382 60,787 10,372 52,637 71,172 519 21,499 60,093 11,149 53,635 71,522 1,772 18,694 61,626 11,541 56,738 79,002 1,633 24,740 62,209 8.573 57.485 74.268 1.850 26,312 63,106 8,429 61,785 77,631 2,671 27,228 63,846 7,113 61,495 78,122 579 28,334 65,051 7,417 64,265 81,011 670 Income statement Net incom e7 .............................................. Net interest in co m e ............................... Provisions for loan lo sse s.................... Non-interest income ............................. Non-interest expense .......................... Security gains or losses ...................... Ratios (percent) Return on average e q u ity ........................ Return on average assets ........................ Net interest m argin8 ................................. Efficiency ratio7 ........................................ Nonperforming assets to loans and related assets ..................................... Net charge-offs to average loans ........... Loans to deposits ...................................... 17.50 1.30 3.72 60.87 15.15 1.12 3.57 62.57 11.79 .91 3.59 65.77 14.04 1.10 3.72 62.42 16.23 1.26 3.49 61.53 14.25 1.13 3.77 62.23 14.17 1.12 3.68 62.75 12.12 .94 3.63 65.67 15.64 1.22 3.58 62.05 16.12 1.25 3.50 62.64 16.41 1.25 3.43 62.25 16.71 1.30 3.46 62.32 .84 .54 96.59 1.07 .65 98.55 1.45 .89 94.99 1.46 1.02 93.40 1.16 .81 94.00 1.53 1.01 94.52 1.65 1.09 94.02 1.46 1.03 93.40 1.43 .84 92.96 1.34 .80 93.34 1.24 .75 94.80 1.16 .83 94.00 Regulatory capital ratios Tier 1 risk-based........................................ Total risk-based.......................................... Leverage ..................................................... 8.78 11.71 7.00 8.81 11.78 6.80 8.91 11.91 6.65 9.21 12.29 6.69 9.55 12.58 6.84 9.30 12.35 6.84 9.33 12.38 6.79 9.21 12.29 6.69 9.33 12.42 6.72 9.29 12.30 6.74 9.51 12.52 6.73 9.55 12.58 6.84 Number of reporting bank holding companies .......................................... 1,647 1,727 1,842 1,979 2,133 1,907 1,946 1,979 2,036 2,064 2,120 2,133 Footnotes appear on p. 196. 194 2. Federal Reserve Bulletin □ Spring 2004 Financial characteristics of fifty large bank holding companies in the United States M illio n s o f d o lla rs e x c e p t as n o te d , n o t s e aso n a lly a d ju s te d 2002 Account or ratio- 9 1999 2000 2001 2002 2003 2003 Q2 Q3 Q4 Ql Q2 Q3 Q4 Balance sheet Total a s s e ts ................................................. 5,037,884 5,404,222 5,746,706 6,066,493 6,666,488 5,877,749 5,969,920 6,066,493 6,220,563 6,589,174 6,600,308 6,666,488 Loans ........................................................... 2,642,839 Securities and money m a rk e t.................. 1,739,572 Allowance for loan losses ...................... -44,054 O t h e r ............................................................ 699,527 2,874,638 1,818,397 -47,171 758,358 2,878,573 2,009,620 -53,904 912,417 3,043,955 2,220,356 -57,642 859,824 3,249,806 2,553,531 -57,004 920,156 2,884,503 2,185,616 -55,914 863,544 2,937,799 2,242,632 -56,363 845,852 3,043,955 2,220,356 -57,642 859,824 3,076,486 2,331,105 -57,049 870,022 3,168,988 2,492,101 -56,938 985,023 3,222,116 2,460,249 -56,135 974,078 3,249,806 2,553,531 -57,004 920,156 Total lia b ilitie s .......................................... 4,674,181 5,004,053 5,311,719 5,596,714 6,159,340 5,421,428 5,510,255 5,596,714 5,742,702 6,096,082 6,101,096 6,159,340 D eposits....................................................... 2,635,845 Borrowings ................................................. 1,586,963 O ther3 ......................................................... 451,373 2,795,936 1,777,262 430,855 2,966,151 1,821,140 524,428 3,191,827 1,960,517 444,370 3,427,923 2,242,425 488,992 2,978,617 1,937,932 504,880 3,049,718 2,013,970 446,568 3,191,827 1,960,517 444,370 3,247,738 2,023,682 471,283 3,360,549 2,161,088 574,446 3,353,428 2,204,271 543,398 3,427,923 2,242,425 488,992 363,703 400,169 434,987 469,778 507,148 456,321 459,665 469,778 477,861 493,092 499,212 507,148 Unused commitments to lend 4 ................ 2,870,114 Securitizations outstanding5 .................... n.a. Derivatives (notional value, billions)6 . . 37,746 3.065.766 n.a. 43,416 3,226,898 269,056 47,833 3,373,532 279,632 57,320 3,781,455 280,221 72,295 3,284,565 270,738 52,220 3,335,157 274,012 55,011 3,373,532 279,632 57,320 3,423,912 267,113 63,536 3,452,041 271,626 67,636 3,574,967 274,294 68,799 3,781,455 280,221 72,295 63,666 144,859 17,173 154,461 185,306 2,219 58,801 149,598 23,167 176,137 210,902 -585 50,202 160,597 34,434 167,136 216,214 4,099 65,442 176,014 36,981 164,079 206,447 4,474 82,953 182,758 26,799 185,195 218,514 5,104 16,621 44,051 9,041 40,345 50,241 552 16,513 42,896 9,660 41,043 50,420 1,651 13,949 45,009 9,839 42,058 55,787 1,672 19,319 44,896 7,438 43,737 52.153 1,775 20,423 45,179 7,198 46,952 54,456 2,353 20,829 45,978 5,871 46,020 55,419 450 22,382 46,704 6,292 48,485 56,485 525 18.68 1.33 3.59 60.45 15.82 1.13 3.42 62.48 12.01 .89 3.34 63.04 14.56 1.11 3.51 59.42 17.21 1.28 3.30 58.63 14.76 1.14 3.56 58.92 14.62 1.12 3.42 60.01 12.20 .92 3.46 62.81 16.55 1.24 3.38 59.17 17.08 1.28 3.29 59.58 17.11 1.26 3.25 60.16 18.03 1.35 3.28 58.92 .89 .61 100.27 1.16 .74 102.81 1.53 1.03 97.05 1.55 1.19 95.37 1.18 .95 94.80 1.64 1.20 96.84 1.80 1.29 96.33 1.55 1.18 95.37 1.52 1.02 94.73 1.43 .95 94.30 1.31 .87 96.08 1.18 .96 94.80 8.06 11.29 6.61 8.14 11.42 6.40 8.17 11.55 6.19 8.43 11.92 6.18 8.68 12.11 6.27 8.56 12.01 6.38 8.57 12.05 6.29 8.43 11.92 6.18 8.54 12.04 6.19 8.45 11.87 6.20 8.70 12.12 6.20 8.68 12.11 6.27 Total equity .............................................. Off-balance-sheet Income statement Net incom e7 .............................................. Net interest in co m e............................... Provisions for loan lo ss e s .................... Non-interest income ............................. Non-interest expense ........................... Security gains or losses ...................... Ratios (percent) Return on average e q u ity ........................ Return on average assets ........................ Net interest m argin8 ................................. Efficiency ratio7 ........................................ Nonperforming assets to loans and related assets ...................................... Net charge-offs to average loans ........... Loans to deposits ..................................... Regulatory capital ratios Tier 1 risk-based........................................ Total risk-based .......................................... Leverage ..................................................... Footnotes appear on p. 196. Report on the Condition of the U.S. Banking Industry 3. 195 Financial characteristics of all other reporting bank holding companies in the United States Millions of dollars except as noted, not seasonally adjusted 2002 Account1 1 - 0 1999 2000 2001 2002 2003 2003 Q2 Q3 Q4 Ql Q2 Q3 Q4 Balance sheet Total assets ................................................ 1,129,948 1,235,593 1,342,167 1,473,670 1,627,879 1,387,618 1,438,498 1,473,670 1,524,324 1,573,027 1,583,049 1,627,879 Loans ........................................................... Securities and money m a rk e t.................. Allowance for loan losses ...................... O t h e r ........................................................... 722,961 315,988 -10,085 101,084 801,474 336,212 -11,306 109,214 854,000 374,253 -12,350 126,264 922,055 426,523 -13,725 138,817 1,014,025 474,916 -14,706 153,644 877,180 395,588 -12,962 127,812 903.953 414,565 -13,433 133,414 922,055 426,523 -13,725 138,817 942,134 455,721 -14,133 140,602 970,419 469,932 -14,437 147,112 985,317 464,299 -14,697 148,130 1,014,025 474,916 -14,706 153,644 Total lia b ilities.......................................... 1,033,372 1,128,098 1,221,663 1,337,591 1,478,068 1,258,648 1,304,740 1,337,591 1,383,242 1,427,605 1,438,006 1,478,068 D eposits....................................................... Borrowings ................................................. O ther3 ......................................................... 858,101 154,126 21,145 945,865 156,722 25,512 1,020,435 174,063 27,165 1,113,679 191,267 32,645 1,214,285 227,532 36,251 1,053,692 175,973 28,983 1,089,210 182,911 32,619 1,113,679 191,267 32,645 1,148,153 199,804 35,286 1,176,226 214,356 37,023 1,186,247 216,481 35,278 1,214,285 227,532 36,251 Total equity .............................................. 96,576 107,495 120,504 136,079 149,811 128,970 133,759 136,079 141,082 145,422 145,043 149,811 Off-balance-sheet Unused commitments to lend4 ................ Securitizations outstanding5 .................... Derivatives (notional value, billions)6 . . 213,740 n.a. 28 223,142 n.a. 54 243,485 4,567 92 264,028 4,942 92 295,535 4,893 99 250,464 4,350 94 262,323 4,178 111 264,028 4,942 92 275,666 4,994 103 285,583 5,205 110 291,655 5.116 104 295,535 4,893 99 Income statement Net income7 .............................................. Net interest in co m e ............................... Provisions for loan lo ss e s .................... Non-interest income ............................. Non-interest expense ........................... Security gains or losses ...................... 12,777 41,923 2,798 16,774 37,103 826 13,174 45,233 3,552 17,921 40,393 -1 0 14,448 47,754 4,599 23,142 45,582 796 17,463 52,925 5,246 25,412 48,296 729 18,887 55,173 4,451 28.772 52,893 1,073 4,313 13,291 1,194 6,005 11,982 164 4,546 13,601 1,394 6,425 12,083 263 4,270 13,331 1,486 6,820 12,719 185 4,688 13,580 1,051 6,876 12,689 301 4,915 13,774 1,137 7,559 13,326 431 4,798 13,700 1,098 7,230 13,072 132 4,486 14,118 1,166 7,107 13,807 209 Ratios (percent) Return on average e q u ity ........................ Return on average assets ........................ Net interest m argin8 ................................. Efficiency ratio7 ........................................ Nonperforming assets to loans and related assets ...................................... Net charge-offs to average l o a n s ........... Loans to deposits ...................................... 13.26 1.17 4.28 62.47 13.03 1.12 4.26 62.36 12.45 1.13 4.16 63.45 13.68 1.26 4.25 60.73 13.26 1.22 3.98 62.33 13.78 1.26 4.27 62.37 13.94 1.29 4.35 59.89 12.80 1.18 4.12 62.72 13.54 1.26 4.06 61.49 13.81 1.28 4.01 63.05 13.50 1.23 3.91 62.08 12.22 1.12 3.94 64.77 .68 .30 84.25 .76 .32 84.73 .96 .43 83.69 1.02 .46 82.79 ,97 .38 83.51 .97 .42 83.25 1.02 .45 82.99 1.02 .53 82.79 1.13 .32 82.06 1.09 .37 82.50 1.03 .36 83.06 .97 .49 83.51 Regulatory capital ratios Tier 1 risk-based........................................ Total risk-based.......................................... Leverage ..................................................... 12.19 13.64 8.59 11.85 13.32 8.54 12.18 13.77 8.74 12.42 14.06 8.87 12.53 14.26 9.00 12.53 14.15 8.96 12.53 14.16 8.97 12.42 14.06 8.87 12.57 14.25 8.96 12.54 14.23 8.94 12.54 14.26 8.95 12.53 14.26 9.00 Number of other reporting bank holding companies .......................................... 1,569 1,661 1,786 1,923 2,077 1,851 1,890 1,923 1,980 2,008 2,064 2,077 Footnotes appear on p. 196. 196 4. Federal Reserve Bulletin □ Spring 2004 Nonfinancial characteristics of all reporting bank holding companies in the United States Millions of dollars except as noted, not seasonally adjusted 2002 Account 1999 2000 2001 2002 2003 2003 Q2 Bank holding companies that qualify as financial holding companies "■ 1 2 Domestic Number ................................................... Total assets ............................................ Foreign-owned 1 3 N u m b e r................................................... Total assets ............................................ Q3 Q4 Ql Q2 Q3 Q4 n.a. n.a. 299 4,494,270 388 5,436,785 434 5,916,835 451 6,605,627 411 5,643,267 415 5,706,966 434 5,916,835 437 6,061,677 440 6,433,712 448 6,447,116 451 6,605,627 n.a. n.a. 9 502,506 10 621,442 U 616,254 12 710,443 11 656,344 11 689,804 11 616,254 11 648,017 11 732,695 11 729,244 12 710,443 5,673,702 6,129,534 6,415,909 6,897,447 7,398,689 6,572,090 6,762,780 6,897,447 7,031,480 7,325,659 7,294,142 7,398,689 By ownership Reporting bank holding companies . . 5,226,027 Other bank holding companies ......... 226,916 Independent banks ............................... 220,759 5,657,210 229,274 243,050 5,942,575 230,464 242,870 6,429,738 227,017 240,692 6,941,741 219,402 237,546 6,107,717 226,558 237,815 6,296,385 226,602 239,793 6,429,738 227,017 240,692 6,578,067 222,670 230,743 6,863,642 222,997 239,020 6,842,982 217,038 234,122 6,941,741 219,402 237,546 n.a. n.a. 102,218 132,629 1,234,714 426,462 n.a. 91,170 138,977 1,674,267 350,633 630,851 107,422 145,344 561,712 411,927 636,854 133,057 170,600 705,949 386,590 695,814 53,938 149,674 466,371 338,384 703,738 56,063 144,814 493,780 350,633 630,851 107,422 145,344 561,712 359,968 709,839 126,375 154,812 524,697 384,000 656,919 124,640 160,515 740,215 398,379 667,455 143,578 162,789 755,056 411,927 636,854 133,057 170,600 705,949 n.a. n.a. 143 n.a. Total U.S. comm ercial bank a sse ts14 .............................................. Assets associated with nonbanking activities l2- 1 5 Insurance ..................................................... Securities broker-dealers ........................ Thrift institutions ...................................... Foreign nonbank institutions .................. Other nonbank in stitutions...................... Number o f bank holding companies engaged in nonbanking activities 11 1 5 Insurance ..................................................... Securities broker-dealers ........................ Thrift institutions ...................................... Foreign nonbank institutions .................. Other nonbank in stitutions...................... n.a. n.a. 117,699 78,712 879,793 57 25 559 50 25 633 38 32 743 86 47 32 37 880 102 51 27 41 1,034 92 47 37 35 798 91 47 37 38 835 86 47 32 37 880 91 48 31 38 911 92 50 31 40 944 101 46 29 39 989 102 51 27 41 1,034 18 535,024 21 636,669 23 764,411 26 762,901 28 934,781 24 787,998 24 827,867 26 762,901 26 799,540 27 946,847 28 947,932 28 934,781 Employees of reporting bank holding companies (full-time equivalent) . . 1,775,418 1,859,930 1,985,981 1,992,559 2,034,551 2,000,084 1,979,260 1,992,559 2,000,168 2,019,953 2,031,029 2,034,551 5,404,222 5,319,129 5,746,706 5,732,621 6,066,493 6,032,000 6,666,488 6,666,488 5,877,749 5,861,542 5,969,920 5,951,115 6,066,493 6,032,000 6,220,563 6,203,000 6,589,174 6,587,000 6,600,308 6,602,255 6,666,488 6,666,488 79.60 77.10 76.10 75.60 76.90 76.50 76.10 76.00 76.10 76.00 75.60 Foreign-owned bank holding companies 1 3 N u m b e r....................................................... Total assets ................................................ n.a. n.a. Assets o f fifty large bank holding companies9- 1 1 Fixed panel (from table 2 ) ...................... 5,037,884 Fifty large as of reporting date ............. 4,809,785 Percent of all reporting 77.50 bank holding com panies.................. N ote . All data are as of the most recent period shown. The historical figures may not match those in earlier versions of this table because of mergers, significant acquisitions or divestitures, or revisions of bank holding company restatements to financial reports. Data for the most recent period may not include all late-filing institutions. 1. Covers top-tier bank holding companies except (1) those with consolidated assets of less than $150 million and with only one subsidiary bank and (2) multibank holding companies with consolidated assets of less than $150 million, with no debt outstanding to the general public and not engaged in certain nonbanking activities. 2. Data for all reporting bank holding companies and the fifty large bank holding com panies reflect merger adjustments to the fifty large bank holding companies. Merger adjust ments account for mergers, acquisitions, other business combinations and large divestitures that occurred during the time period covered in the tables so that the historical information on each of the fifty underlying institutions depicts, to the greatest extent possible, the institu tions as they exist in the most recent period. In general, adjustments for mergers among bank holding companies reflect the combination of historical data from predecessor bank hold ing companies. The data for the fifty large bank holding companies have also been adjusted as nec essary to match the historical figures in each company's most recently available financial statement. In general, the data are not adjusted for changes in generally accepted accounting principles. 3. Includes minority interests in consolidated subsidiaries. 4. Includes credit card lines of credit as well as commercial lines of credit. 5. Includes loans sold to securitization vehicles in which bank holding companies retain some interest, whether through recourse or seller-provided credit enhancements or by servic ing the underlying assets. Securitization data were first collected on the FR Y-9C report for June 2001. 6. The notional value of a derivative is the reference amount of an asset on which an inter est rate or price differential is calculated. The total notional value of a bank holding company’s derivatives holdings is the sum of the notional values of each derivative contract regardless of whether the bank holding company is a payor or recipient of payments under the contract. The actual cash flows and fair market values associated with these derivative contracts are generally only a small fraction of the contract’s notional value. 7. Income statement subtotals for all reporting bank holding companies and the fifty large bank holding companies exclude extraordinary items, the cumulative effects of changes in accounting principles, and discontinued operations at the fifty large institutions and therefore will not sum to Net income. The efficiency ratio is calculated excluding nonrecurring income and expenses. 8. Calculated on a fully-taxable-equivalent basis. 9. In general, the fifty large bank holding companies are the fifty largest bank holding companies as measured by total consolidated assets for the latest period shown. Excludes a few large bank holding companies whose commercial banking operations account for only a small portion of assets and earnings. 10. Excludes predecessor bank holding companies that were subsequently merged into other bank holding companies in the panel of fifty large bank holding companies. Also excludes those bank holding companies excluded from the panel of fifty large bank hold ing companies because commercial banking operations represent only a small part of their consolidated operations. 11. E x clu d e q u a lify in g in stitu tio n s that are n o t reporting bank h o ld in g co m p a n ie s. 12. No data related to financial holding companies and only some data on nonbanking activities were collected on the FR Y-9C report before implementation of the Gramm Leach-Bliley Act in 2000. 13. A bank holding company is considered “ foreign-owned” if it is majority-owned by a foreign entity. Data for foreign-owned companies do not include data for branches and agen cies of foreign banks operating in the United States. 14. Total assets of insured commercial banks in the United States as reported in the com mercial bank Call Report (FFIEC 031 or 041, Reports of Condition and Income). Excludes data for a small number of commercial banks owned by other commercial banks that file separate call reports yet are also covered by the reports filed by their parent banks. Also excludes data for mutual savings banks. 15. Data for thrift, foreign nonbank, and other nonbank institutions are total assets of each type of subsidiary as reported in the FR Y-9LP report. Data cover those subsidiaries in which the top-tier bank holding company directly or indirectly owns or controls more than 50 percent of the outstanding voting stock and that has been consolidated using generally accepted accounting principles. Data for securities broker-dealers are net assets (that is, total assets, excluding intercompany transactions) of broker-dealer subsidiaries engaged in activi ties pursuant to the Gramm -Leach-Bliley Act, as reported on schedule HC-M of the FR Y-9C report. Data for insurance activities are all insurance-related assets held by the bank holding company as reported on schedule HC-I of the FR Y-9C report. Beginning in 2002:Q1, insurance totals exclude intercompany transactions and sub sidiaries engaged in credit-related insurance or those engaged principally in insurance agency activities. Beginning in 2002:Q2, insurance totals include only newly authorized insurance activities under the Gramm -Leach-Bliley Act. 16. Aggregate assets of thrift subsidiaries were affected significantly by the conversion of Charter One’s thrift subsidiary (with assets of $37 billion) to a commercial bank in the second quarter of 2002 and the acquisition by Citigroup of Golden State Bancorp (a thrift institu tion with assets of $55 billion) in the fourth quarter of 2002. 17. Changes over time in the total assets of the time-varying panel of fifty large bank hold ing companies are attributable to (1) changes in the companies that make up the panel and (2) to a small extent, restatements of financial reports between periods. n.a. Not available S o u r c e . Federal Reserve Reports FRY-9C and FR Y-9LP, Federal Reserve National Information Center, and published financial reports. 197 Announcements F e d e r a l O p e n M a r k e t C o m m it t e e Statem ents The Federal Open Market Committee decided on January 28, 2004, to keep its target for the federal funds rate at 1 percent. The Committee continues to believe that an accom modative stance of monetary policy, coupled with robust underlying growth in productivity, is provid ing important ongoing support to economic activity. The evidence accumulated over the intermeeting period confirms that output is expanding briskly. Although new hiring remains subdued, other indica tors suggest an improvement in the labor market. Increases in core consumer prices are muted and expected to remain low. The Committee perceives that the upside and downside risks to the attainment of sustainable growth for the next few quarters are roughly equal. The probability of an unwelcome fall in inflation has diminished in recent months and now appears almost equal to that of a rise in inflation. With inflation quite low and resource use slack, the Committee believes that it can be patient in removing its policy accommodation. Voting for the FOMC monetary policy action were the following: Alan Greenspan, Chairman; Timo thy F. Geithner, Vice Chairman; Ben S. Bernanke; Susan S. Bies; Roger W. Ferguson, Jr.; Edward M. Gramlich; Thomas M. Hoenig; Donald L. Kohn; Cathy E. Minehan; Mark W. Olson; Sandra Pianalto; and William Poole. The Federal Open Market Committee decided on March 16, 2004, to keep its target for the federal funds rate at 1 percent. The Committee continues to believe that an accom modative stance of monetary policy, coupled with robust underlying growth in productivity, is provid ing important ongoing support to economic activity. The evidence accumulated over the intermeeting period indicates that output is continuing to expand at a solid pace. Although job losses have slowed, new hiring has lagged. Increases in core consumer prices are muted and expected to remain low. The Committee perceives the upside and downside risks to the attainment of sustainable growth for the next few quarters are roughly equal. The probability of an unwelcome fall in inflation has diminished in recent months and now appears almost equal to that of a rise in inflation. With inflation quite low and resource use slack, the Committee believes that it can be patient in removing its policy accommodation. Voting for the FOMC monetary policy action were Alan Greenspan, Chairman; Timothy F. Geithner, Vice Chairman; Ben S. Bernanke; Susan S. Bies; Roger W. Ferguson, Jr.; Edward M. Gramlich; Thomas M. Hoenig; Donald L. Kohn; Cathy E. Minehan; Mark W. Olson; Sandra Pianalto; and William Poole. B o ard A g r e e s to S e e k C o m m e n t R e v is io n s to R e g u l a t io n BB on The Board of Governors of the Federal Reserve Sys tem agreed on January 21, 2004, to seek comment on an interagency proposal to revise regulations (Regu lation BB, Community Reinvestment) that implement the Community Reinvestment Act (CRA). The Community Reinvestment Act is intended to encourage depository institutions to help meet credit needs in their communities, including low- and moderate-income neighborhoods. The agencies pro posed limited amendments to the regulation in two areas. First, the definition of small institution, a cate gory of institutions entitled to streamlined CRA evaluations, would be amended to include banks and thrift institutions with total assets of less than $500 million (the threshold is now $250 million), and eliminate consideration of an institution’s holding company size (now, an institution is not small if its holding company is larger than $1 billion). Second, the proposal would specify when unlawful discrimination, other illegal credit practices, or abu sive asset-based lending by a bank or its affiliate might adversely affect the bank’s CRA rating. The agencies also proposed enhancements to the loan data they disclose in CRA public evaluations and CRA disclosure statements. A notice of the proposed rulemaking will be published jointly after it has been acted upon by all of the banking agencies with CRA supervisory responsibilities. 198 Federal Reserve Bulletin □ Spring 2004 A g e n c ie s P u b l ish P r o p o s e d R u l e m a k in g R e g a r d in g t h e C o m m u n it y r e in v e s t m e n t A c t a n d r e g u l a t io n BB The federal bank and thrift institution regulatory agencies published in the Federal Register on Febru ary 6, 2004, a joint interagency notice of proposed rulemaking (NPR) regarding the Community Rein vestment Act (CRA). The CRA directs the agencies to assess an insured depository institution’s record of meeting the credit needs of its entire community, and to consider that record when acting on certain applications for branches, office relocations, mergers, consolidations, and other corporate activities. The NPR is the prod uct of an interagency review of the CRA regulations that fulfilled the commitment the agencies made when they adopted the current CRA regulations in 1995 to review the regulations (Regulation BB, Com munity Reinvestment) to determine whether they were producing objective, performance-based CRA evaluations without imposing undue burden on institutions. The proposed rulemaking, which is being pub lished by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Cor poration, the Office of the Comptroller of the Cur rency, and the Office of Thrift Supervision, under scores the agencies’ conclusion that the CRA regulations are essentially sound, but need to be updated to keep pace with changes in the financial services industry. This proposed rule was developed after the agen cies’ review of the CRA regulations, which included an analysis of about four hundred comments received on the Advance Notice of Proposed Rulemaking. The agencies are proposing amendments to the CRA regulations in two areas. First, to reduce unwarranted burden consistent with the agencies’ ongoing efforts to identify and reduce regulatory burden, the agencies are proposing to amend the definition of small institution to mean an institution with total assets of less than $500 million, without regard to any holding company assets. This change would take into account substantial institutional asset growth and consolidation in the banking and thrift institution industries since the definition was adopted. The proposal would increase the number of institutions that are eligible for evalua tion under the small institution performance stan dards, while only slightly reducing the portion of the nation’s bank and thrift institution assets that is sub ject to evaluation under the large retail institution performance standards. Second, to better address abusive lending practices in CRA evaluations, the agencies proposed to amend the regulations to provide explicitly that an institu tion’s CRA evaluation will be adversely affected by evidence of specified discriminatory, illegal, or abu sive practices by the institution or by an affiliate whose loans were considered in the evaluation as part of the institution’s own CRA record. In addition, the agencies also proposed several enhancements to the loan data disclosed in CRA public evaluations and CRA disclosure statements. A p p r o v a l o f F in a l R u l e s to e s t a b l is h E f f e c t iv e D a t e s f o r t h e FACT A c t The Federal Reserve Board on February 5, 2004, announced its approval of final rules to establish effective dates for all provisions of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act) that do not have a statutorily prescribed effective date. These regulations are being issued jointly with the Federal Trade Commission (FTC). The recently enacted FACT Act amended the Fair Credit Reporting Act (FCRA) and required the Board and the FTC to adopt final rules establishing the effective dates for certain provisions of the FACT Act. In mid-December, the Board and the FTC jointly adopted interim final rules that established Decem ber 31, 2003, as the effective date for the preemption provisions of the FACT Act as well as provisions authorizing the agencies to adopt rules or take other actions to implement the FACT Act. The agencies now have adopted final joint rules with the same schedule of effective dates contained in the interim rules. Also in mid-December, the Board and the FTC jointly issued for comment proposed joint rules that would establish a schedule of effective dates for other provisions of the FACT Act that do not contain effective dates. After reviewing the comments on the proposal, the agencies adopted joint final rules that established March 31, 2004, as the effective date for the provisions of the FACT Act that do not require significant changes to business procedures. With respect to other provisions that likely entail signifi cant changes to business procedures, the joint final rules make these provisions effective on December 1, 2004, to allow industry a reasonable time to establish systems to comply with the statute. Announcements A m endm ents to R e g u l a t io n CC The Federal Reserve Board on March 2, 2004, announced amendments to appendix A of Regula tion CC (Availability of Funds and Collection of Checks), effective May 15, 2004, that reflect the restructuring of the Federal Reserve’s check pro cessing operations in the Eleventh District. These amendments are part of a series of amendments to appendix A that will take place through the end of 2004, associated with the previously announced restructuring of the Reserve Banks’ check processing operations. Appendix A provides a routing number guide that helps depository institutions determine the maximum permissible hold periods for most deposited checks. As of May 15, 2004, the El Paso office of the Federal Reserve Bank of Dallas no longer processes checks, and banks previously served by that office for check processing purposes have been reassigned to the Reserve Bank’s head office in Dallas. To reflect this operational change, the final rule deletes the refer ence in appendix A to the El Paso office and reassigns the routing numbers listed thereunder to the Reserve Bank’s head office. As a result of this change, some checks deposited in the affected regions that previ ously were nonlocal checks are now local checks that are subject to shorter permissible hold periods. The Federal Reserve Board on April 9, 2004, announced amendments to appendix A of Regula tion CC, effective June 26, 2004, that reflect the restructuring of the Federal Reserve’s check process ing operations in the Fourth and Fifth Districts. These amendments are part of a series of amendments to appendix A that will take place through the end of 2004, associated with the previously announced restructuring of the Reserve Banks’ check processing operations. Appendix A provides a routing number guide that helps depository institutions determine the maximum permissible hold periods for most deposited checks. As of June 26, 2004, the Charleston office of the Federal Reserve Bank of Richmond no longer will process checks, and banks currently served by that office for check processing purposes will be reas signed to the Cincinnati office of the Federal Reserve Bank of Cleveland. To reflect this operational change, the final rule deletes the reference in appendix A to the Charleston office and reassigns the routing num bers listed thereunder to the Cleveland Reserve Bank’s Cincinnati office. As a result of this change, 199 some checks deposited in the affected regions that currently are nonlocal checks will become local checks that are subject to shorter permissible hold periods. C o m m e n t R e q u e st e d o n Pr o p o se d Ch a n g e s to p u b l ic D is c l o s u r e Ta b l e s The Federal Reserve Board on March 18, 2004, requested public comment on proposed changes to the public disclosure tables that are used to report data collected by lenders under the Home Mortgage Disclosure Act (HMDA). The proposal would revise some of the existing disclosure tables, delete one set of existing tables, and add new tables. Recent revisions to Regulation C (Home Mortgage Disclosure), the Board regulation that implements HMDA, require lending institutions to report new data, including loan pricing information (the rate spread between the annual percentage rate on the loan and the yield on Treasury securities of comparable maturity); whether the loan is subject to the Home Ownership and Equity Protection Act (HOEPA); whether manufactured housing is involved; whether the loan is subject to a first or subordinate lien on the property; and certain infor mation about requests for pre-approval. These data items would be reflected on the proposed new tables. The proposed revisions to the existing tables are primarily to reflect the itemization of data on manu factured housing and changes to the race and ethnic ity categories adopted by the Board to conform to standards established by the Office of Management and Budget. The first year for which the new data will be reported is 2004. Data from institutions must be submitted to the federal financial regulatory agencies no later than March 1, 2005, and the data will be reflected in the public disclosures scheduled to be released in the summer of 2005. R e v is io n s to r e g u l a t io n z The Federal Reserve Board on March 26, 2004, issued revisions to Regulation Z (Truth in Lending), which implements the Truth in Lending Act, and to the official staff commentary that applies and inter prets the requirements of the regulation. Regulation Z was revised to add an interpretative rule of construction to clarify that where the word 200 Federal Reserve Bulletin □ Spring 2004 “amount” is used in the regulation to describe disclo sure requirements, it refers to a numerical amount. In addition, revisions to the staff commentary provide guidance on consumers’ exercise of rescission rights for certain home-secured loans. The Board also published several technical revi sions to the commentary. The revisions were effec tive April 1, 2004. The date for mandatory compli ance is October 1, 2004. P r o p o se d A m e n d m e n t s to R e g u l a t io n V The Federal Reserve Board on April 7, 2004, issued proposed amendments to Regulation V (Fair Credit Reporting), which implements the Fair Credit Report ing Act (FCRA). The amendments would add a model form for financial institutions to use when they furnish negative information to consumer reporting agencies. Under the Fair and Accurate Credit Transactions Act (FACT Act) amendments to the FCRA, the Board is required to publish, after notice and comment, a concise model form (not to exceed thirty words in length) that financial institutions may use to comply with the notice requirement for furnishing negative information to consumer reporting agencies. The model form must be issued in final form by June 4, 2004. The FACT Act provides that if any financial insti tution (1) extends credit regularly and in the ordinary course of business furnishes information to a nation wide consumer reporting agency, and (2) furnishes negative information to such an agency regarding credit extended to a customer, the institution must provide a clear and conspicuous notice about furnish ing negative information, in writing, to the customer. “Negative information” means information concern ing a customer’s delinquencies, late payments, insol vency, or any form of default. The FACT Act defines the term “financial institu tion” to have the same meaning as in the GrammLeach-Bliley Act, which generally is “any institution the business of which is engaging in financial activi ties as described in section 4(k) of the Bank Holding Company Act of 1956.” The Board’s model form could be used by all financial institutions, as defined by the act. E s t a b l is h m e n t o f a Wo r k in g G r o u p I m p l e m e n t a D o r m a n t Ba n k to The Federal Reserve Board announced on Janu ary 30, 2004, that it had established a private-sector Working Group on NewBank Implementation to further develop the concept of a dormant bank that would be available for activation, if necessary, to clear and settle U.S. government securities. In a report released on January 7, 2004, a previous private-sector panel, the Working Group on Govern ment Securities Clearance and Settlement, recom mended nine steps to mitigate risks to the financial system from the interruption or termination of the services of a clearing bank as the result of either operational or non-operational problems. All of the major participants in the U.S. govern ment securities markets depend on one of two com mercial banks to settle their trades and facilitate financing of their positions. The September 11, 2001, terrorist attacks demonstrated how operational dis ruptions to a clearing bank’s services could disrupt the trading, clearance, and settlement of government securities. One of the first working group’s nine recommenda tions, which were endorsed by the Board, called for the Board to establish a second panel focused on developing NewBank, a limited-purpose, dormant entity, ready for activation in the event that one of the two major clearing banks permanently exited the business, voluntarily or involuntarily, and no wellqualified bank stepped forward to purchase the exit ing bank’s clearing business. The Board has asked the new working group to flesh out the NewBank concept and address any challenges to implementing it. Once those challenges have been successfully addressed, those that have agreed to own NewBank should take the neces sary steps to implement the concept, including obtaining a limited-purpose bank charter. The Board asked the working group to prepare a report by late this year that summarizes its progress, identifies the remaining challenges that need to be addressed before a charter application can be submitted, and sets out a timetable for meeting those remaining challenges. Michael Urkowitz, Senior Adviser to Deloitte Con sulting, the chairman of the previous working group, has agreed to serve as chairman of the NewBank panel. The NewBank Working Group will include senior representatives of the two major clearing banks (J.R Morgan Chase and The Bank of New York), the Fixed Income Clearing Corporation, The Bond Mar ket Association, the Investment Company Institute, Cantor Fitzgerald Securities, Federated Investors, Fidelity Investments, Goldman Sachs & Co., Lehman Brothers, Merrill Lynch, Morgan Stanley & Co., Salomon Smith Barney (Citigroup), State Street Bank & Trust Co., and UBS Investment Bank. Announcements Staff members of the Federal Reserve, the Securi ties and Exchange Commission, the Department of the Treasury, the Federal Deposit Insurance Corpora tion, and the New York State Banking Department will participate as observers and technical advisers. Ch a n g e s to P o l ic y S t a t e m e n t Pa y m e n t s S y s t e m R is k on The Federal Reserve Board on February 5, 2004, announced that it intends, beginning in July 2006, to require Reserve Banks to release interest and redemp tion payments on securities issued by governmentsponsored enterprises and international organizations only when the issuer’s Federal Reserve account con tains sufficient funds to cover these payments. The Reserve Banks have been processing and post ing these payments to depository institutions’ Federal Reserve accounts by 9:15 a.m. eastern time, the same posting time as for U.S. Treasury securities’ interest and redemption payments, even if the issuer has not fully funded its payments. However, the rising level of intraday credit in recent years has prompted a reassessment of this practice, which is inconsistent with that of private issuing and paying agents for their customers’ securi ties. In general, these issuing and paying agents do not allow payments to be made for a securities issuer before the issuer has fully funded its payments. The Board requested comment by April 16, 2004, on how best to promote a smooth market adjustment while implementing this change in its Policy State ment on Payments System Risk. The Board first adopted the policy statement in 1985 and has modi fied and expanded it periodically. Its objectives are to reduce risk and increase efficiency in the payments system, including minimizing intraday float. To that end, the Board introduced fees for daylight over drafts in 1994 but granted a temporary exemption to government-sponsored enterprises until after market participants adjusted to the introduction of fees for depository institutions. The Board completed a broad review of the policy statement on Payments System Risk two years ago and found that market partici pants have adjusted to the fees, permitting reconsid eration of the temporary exemption. Concurrent with the change for interest and re demption payments on the securities of governmentsponsored enterprises and international organizations, the Board also plans to align its policy treatment of the general corporate account activity of these entities with the treatment of activity of other account holders that do not have regular access to the 201 discount window. Such treatment would include applying a penalty fee to daylight overdrafts result ing from these entities’ general corporate payment activity. By law, Reserve Banks act as fiscal agents for these government-sponsored enterprises and interna tional organizations: the Federal National Mortgage Association, the Federal Home Loan Mortgage Cor poration, entities of the Federal Home Loan Bank System, the Farm Credit System, the Federal Agri cultural Mortgage Corporation, the Student Loan Marketing Association, the International Bank for Reconstruction and Development (World Bank), the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank. REMOVAL OF ALL FIFTY-ONE STOCKS FROM L is t o f f o r e ig n m a r g in S t o c k s The Federal Reserve Board on March 3, 2004, announced that it was removing all fifty-one stocks from its current List of Foreign Margin Stocks because they had not been recertified as required under procedures approved by the Board in 1990. The list is one of two methods for foreign securities to qualify as margin securities under Regulation T (Credit by Brokers and Dealers). The list, which has been published twice each year by the Board since 1999, is composed of certain foreign equity securities that qualify as margin secu rities under Regulation T. Stocks on the list qualify as margin securities by meeting certain financial requirements specified in Regulation T. In determining the qualification of particular for eign equity securities, the Board has relied on a list of proposed margin stocks submitted by the New York Stock Exchange (NYSE). The eligibility of the stocks must be certified by at least two NYSE mem bers under procedures adopted by the NYSE and approved by the Board in 1990. Foreign securities may also qualify as margin secu rities if they are deemed by the Securities and Exchange Commission (SEC) to have a “ready mar ket” under its net capital rule. This includes all foreign stocks in the FTSE World Index Series. The stocks being removed from the list are named in the Federal Register, viewable on the Board’s web site at www.federalreserve.gov/boarddocs/press/ bcreg/2004/20040303/attachment.pdf. The Board will publish a new list of foreign margin stocks if eligible securities are identified pursuant to the existing list ing procedures. 202 Federal Reserve Bulletin □ Spring 2004 P u b l ic m e e t in g h e l d o n p r o p o s e d M e r g e r b e t w e e n J.P. M o r g a n C h a s e & a n d Ba n k On e c o r p o r a t io n Co. The Federal Reserve Board on March 26, 2004, announced that public meetings would be held in April in New York and Chicago on the proposal by J.R Morgan Chase & Co. to merge with Bank One Corporation. The purpose of these meetings is to collect infor mation relating to factors that the Board is required to consider under the Bank Holding Company Act. These factors are the effects of the proposal on the financial and managerial resources and future pros pects of the companies and banks involved in the proposal, competition in the relevant markets, and the convenience and needs of the communities to be served. Convenience and needs considerations include the records of performance of J.P. Morgan Chase and Bank One under the Community Reinvest ment Act. The specific dates, times, and locations of the meetings were the following: • New York—Thursday, April 15, 2004, at 9:00 a.m. EDT at the Federal Reserve Bank of New York, 33 Liberty Street, New York, New York 10045. • Chicago—Friday, April 23, 2004, at 8:30 a.m. CDT at the Federal Reserve Bank of Chicago, 230 South LaSalle Street, Chicago, Illinois 60604. The Federal Reserve Board also announced that the period for public comment of the proposal would be extended through the close of business on Friday, April 23, 2004. A p p o i n t m e n t o f D r J a n e t L. Ye l l e n a s P r e s id e n t , F e d e r a l R e s e r v e B a n k o f Sa n F r a n c i s c o Dr. Janet L. Yellen has been appointed President and Chief Executive Officer of the Federal Reserve Bank of San Francisco, according to an announce ment on April 12, 2004, by George M. Scalise, Chairman of the San Francisco Federal Reserve Bank’s Board of Directors. Dr. Yellen is the Eugene E. and Catherine M. Trefethen Professor of Busi ness at the Haas School of Business and professor of economics at the University of California— Berkeley. Dr. Yellen will assume her new position on June 14, 2004, succeeding current President and Chief Executive Officer Robert T. Parry, who last September announced his intention to retire at mid year after serving for eighteen years. Scalise said the appointment was made by the directors of the Federal Reserve Bank of San Francisco, and approved by the Board of Governors of the Federal Reserve System in Washington, D.C. “We conducted a nationwide search,” Scalise said, “ and identified a slate of highly qualified candidates. Dr. Yellen rose to the top as our pick because of her extraordinary combination of monetary policy exper tise, experience as a Federal Reserve Board Governor in Washington, fiscal policy experience at the White House, and her extensive academic, international trade, finance and economic experience, and research background.” “I’m honored to have been chosen for this key position, and I look forward to meeting employees and community leaders throughout the highly diverse states that comprise the largest District in the Federal Reserve System,” Yellen said. “It will be a pleasure to return to Washington for monetary policy meetings representing the critical economic forces embodied in the Federal Reserve Bank of San Francisco’s Twelfth District.” Outgoing President and Chief Executive Officer Robert T. Parry said, “I’ve known and worked with Janet for a number of years. She is an out standing economist, and she made very signifi cant contributions to the monetary policy process during her tenure as a Governor of the Federal Reserve Board. I know that Janet will be a superb President of the Federal Reserve Bank of San Francisco.” Federal Reserve Chairman Alan Greenspan said, “I am pleased to welcome Dr. Yellen back to the Federal Reserve System. She has distinguished her self through consistently incisive analysis, impressive skill, and unwavering integrity. We benefited greatly from her exceptional service as a Federal Reserve Board Governor and I look forward to the many contributions she will bring in her new role, to both the San Francisco Bank and the Federal Open Market Committee.” Dr. Yellen, 57, holds a BA in economics from Brown University, and a PhD in economics from Yale University. She was awarded honorary doctor ates in humane letters and laws, by Bard College and Brown University respectively. She has been affiliated with the Haas School of Business at the University of California—Berkeley since 1980. In addition, she served as chair of the Presi dent’s Council of Economic Advisers from 1997 to Announcements 1999, and was a member of the Federal Reserve System’s Board of Governors from 1994 to 1997. She has taught at Harvard and at the London School of Economics and Political Science. Dr. Yellen serves as president of the Western Eco nomics Association and vice president of the American Economic Association. She is a fellow of the Yale Corporation. She is also the recipient of numerous honors and awards, and her research has been widely published. She has collaborated profes sionally with her husband, George Akerlof, a Univer sity of California—Berkeley Nobel prize-winning economist, on topics ranging from labor market, income, wage, and employment issues to a variety of socioeconomic issues. More o f Dr. Yellen’s biography is also on the Board’ web site at www.federalreserve.gov/ s boarddocs/press/other/2004/20040412. AGENCIES LAUNCH WEB SITE ON CALL R e p o r t M o d e r n iz a t io n In it ia t iv e The federal bank regulatory agencies on February 12, 2004, announced the availability of a web site that provides information on the Federal Financial Institu tions Examination Council’s (FFIEC) Call Report Modernization initiative. The FFIEC Call Report agencies (the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency) are building a central data repository (CDR) to modernize and streamline the way the agencies collect, process, and distribute bank financial data. The web site features a timeline, progress reports, frequently asked questions and answers, and high lights of future process changes. It provides details about project participants and ways that financial institutions and software vendors can participate in the initiative. The site also contains information out lining the technology supporting the new reporting process. The FIND (Financial INstitutions Data—Bank Call Reports) web site provides details on the initia tive in the months leading up to the implemen tation of the CDR and will continue to provide guidance after completion of the initiative. Imple mentation of the CDR is slated for the fall of 2004, and banks will first use the CDR to sub mit their September 30, 2004, Call Report data to the agencies. The web site can be accessed at www.FFIEC.gov/find. 203 INTERAGENCY GUIDANCE ISSUED ON UNFAIR o r D e c e p t iv e A c t s o r P r a c t ic e s b y S t a t e -C h a r t e r e d B a n k s The Board of Governors of the Federal Reserve Sys tem and the Federal Deposit Insurance Corporation on March 11, 2004, issued guidance outlining stan dards they will apply to determine when acts or practices by state-chartered banks are unfair or decep tive. Such practices are illegal under section 5 of the Federal Trade Commission (FTC) Act. To respond to questions raised by institutions under the agencies’ supervision, the statement also provides guidance on steps that state-chartered banks can take to avoid engaging in unfair or deceptive acts or practices. The approach outlined in the statement is based on long-established standards used by the FTC to enforce section 5 of the FTC Act against nonbank entities. In 2002, the Board and the FDIC affirmed their authority to apply the prohibition against unfair or deceptive acts or practices to the activities of statechartered banks. At that time, the agencies also announced their intention to issue further guid ance for state-chartered banks with respect to the prohibition. IMPROVEMENTS TO THE FEDERAL RESERVE B o a r d ’s We b S i t e The Federal Reserve Board on February 10, 2004, announced a number of improvements to its web site, including the capability to view and submit com ments on regulatory proposals. In addition, the Board has expanded the offerings on its Freedom of Information Act (FOIA) web pages. The Board also established two special sections on its web site. One section contains Federal Reserve documents relating to the proposed Basel II Capital Accord under the heading Banking Information and Regulation. Updates related to Basel II, as well as historical documentation, can be found at w w w.federalreserve.go v/generalinfo/basel2/ default.htm. The second section is dedicated to the Federal Reserve System’s financial education efforts and contains educational tools on personal finance gath ered from across the Federal Reserve System. Users have easy access to multiple resources, including information on e-banking, shopping for a mort gage, preventing identity theft, consumer credit 204 Federal Reserve Bulletin □ Spring 2004 protections, and economic education. The site is at www.federalreserveeducation.org/fined/index.cfm. FEDERAL AGENCIES PUBLISH S p a n i s h -L a n g u a g e v e r s i o n o f c o n s u m e r b r o c h u r e o n p r e d a t o r y l e n d in g The Federal Reserve Board announced on April 13, 2004, that the federal Interagency Task Force on Fair Lending has published a Spanish-language version of a brochure that alerts consumers to potential borrow ing pitfalls, including high-cost home loans, and pro vides tips for getting the best financing deal possible. The brochure, Utilizar su hogar como garantfa para un prestam o es arriesgado (Putting Your H om e on the Loan Line Is R isky Business), warns that regard less of whether a home equity loan is for a home repair, bill consolidation, or some other purpose, it’s important to shop around. Borrowing from an unscrupulous lender, especially one that offers a high-cost loan using the home as security, could result in the loss of the borrower’s home and money. The brochure cautions that certain lenders—often called predatory lenders —target homeowners, including the elderly, with low incomes or credit problems by deceiving them about loan terms or giving them loans they cannot afford to repay. Before signing the credit contract, consumers are encouraged to do the following: • • • • Think about their financing options Do their homework Think twice before they sign a loan contract Know that they have rights under the law The brochure notes that many consumers may have other options for meeting their financial needs, including housing counseling and social service programs. If consumers decide that a loan is right for them, the brochure suggests talking with several lenders; comparison shopping for interest rates, payments, term of the loan, points and fees, and other costs of the loan; and having a knowledgeable friend, attor ney, or housing counselor review the loan documents. A shopping checklist is included with the brochure. The publication also reminds consumers that if they are refinancing or using their home as security for a home equity loan (or for a second mortgage loan or a line of credit), federal law gives them three business days after signing the loan papers to cancel the deal. The cancellation must be submitted in writ ing, after which the lender is required to return any money the consumer has paid to date. If the three-day period has already passed and consumers believe they have been misled, the bro chure suggests that they contact a state or local bar association, a local consumer protection agency, or a local fair housing or housing counseling agency. The members of the Interagency Task Force are the Department of Housing and Urban Development, the Department of Justice, the Federal Deposit Insurance Corporation, the Federal Housing Finance Board, the Federal Reserve Board, the Federal Trade Commis sion, the National Credit Union Administration, the Office of the Comptroller of the Currency, the Office of Federal Housing Enterprise Oversight, and the Office of Thrift Supervision. The brochure is available on the agencies’ web sites listed below. A PDF (portable document format) version is provided on the web site so that consumer groups, financial institutions, agencies, and other or ganizations can download and print copies for distri bution to their clients and customers. Single copies of the brochure in English or Span ish are available free of charge from the following agencies: Department of Housing and Urban Development: The department’s web site at www.hud.gov or U.S. Department of Housing and Urban Development, 451 Seventh Street, S.W., Washington, DC 20410; Customer Service Center: (800) 767-7468. Department of Justice: The department’s web site at www.usdoj.gov/crt/housing/index_esp.html or con tact the U.S. Department of Justice, Civil Rights Division, 950 Pennsylvania Ave., N.W., Housing and Civil Enforcement Section, NWB, Washington, DC 20530; (202) 514-4713. Federal Deposit Insurance Corporation: The FDIC’s web site at www.fdic.gov or the FDIC’s Public Infor mation Center, 801 17th Street, N.W., Room 100, Washington, DC 20434; (877) 275-3342 or (202) 416-6940. Federal Housing Finance Board: The Board’s web site at www.fhfb.gov and from the Federal Housing Finance Board, 1777 F Street, N.W., Washington, DC 20006. Federal Reserve Board: The Board’s web site at www.federalreserve.gov/pubs/riskyhomeloans/ riskyspanish.htm and from Publications Fulfill ment, Stop 127, Federal Reserve Board, 20th & Announcements C Streets, N.W., Washington, DC 20551; (202) 4523245. Federal Trade Commission: The FTC’s web site at www.ftc.gov and from the FTC’s Consumer Response Center, 600 Pennsylvania Avenue, N.W., Washington, DC 20580; toll free: 1-877-FTC-HELP (1-877-382-4357); TTY for the hearing impaired (866) 653-4261. National Credit Union Administration: NCUA’s web site at www.ncua.gov or contact Cliff Northup, Direc tor of Public and Congressional Affairs, National Credit Union Administration, 1775 Duke Street, Alexandria, VA. 22314; (703) 518-6330. Office of Federal Housing Enterprise Oversight: OFHEO’s web site at www.ofheo.gov/consInfo.asp. E-mail requests for individual copies should be sent to ofheoinquiriesofheo.gov or call (202) 414-6922. Office of the Comptroller of the Currency: The OCC’s web site at www.occ.treas.gov and from Communications, Mail Stop 3-2, Office of the Comp troller of the Currency, 250 E Street, S.W., Washing ton, DC 20219; (202) 874-4700. Office of Thrift Supervision: The OTS’s web site at www.ots.treas.gov or contact Louise Batdorf, Office of Thrift Supervision, 1700 G Street, N.W., Washing ton, DC 20552; (202) 906-7087. RELEASE OF M INUTES TO DISCOUNT RATE M EETINGS 205 The Council’s function is to advise the Board on the exercise of its responsibilities under various con sumer financial services laws and on other matters on which the Board seeks its advice. En f o r c e m e n t A c t io n s The Federal Reserve Board on February 4, 2004, announced the issuance of a consent order to cease and desist against Dominique Bazy, a former execu tive with Credit Lyonnais, S.A., Paris, France. Mr. Bazy, without admitting to any allegations, consented to the issuance of the order based on his alleged participation in alleged violations of the Bank Holding Company Act and its regulations relating to the “Executive Life” matter. In December 2003 and January 2004, Credit Lyonnais consented to the issu ance of enforcement actions resolving allegations relating to its participation in this matter. In addition to the Board’s order, the U.S. attorney in Los Angeles also announced on February 4, that Mr. Bazy had agreed to plead guilty to a criminal charge relating to this matter. The Board’s order restricts Mr. Bazy’s participa tion in the conduct of the affairs of foreign banks in the United States. The Board’s order supplements automatic restrictions imposed upon Mr. Bazy upon acceptance of his guilty plea to the criminal charge. By law, Mr. Bazy will be prohibited from participat ing in the conduct of the affairs of domestic insured depository institutions without the Federal Deposit Insurance Corporation’s approval. M EETING OF THE CONSUMER ADVISORY C o u n c il The Federal Reserve Board on February 9, 2004, announced the issuance of a consent order of assess ment of a civil money penalty against Hocking Valley Bank, Athens, Ohio, a state member bank. Hocking Valley Bank, without admitting to any alle gations, consented to the issuance of the order in connection with its alleged violations of the Board’s Regulations implementing the National Flood Insur ance Act. The order requires Hocking Valley Bank to pay a civil money penalty of $9,500, which will be remitted to the Federal Emergency Management Agency for deposit into the National Flood Mitigation Fund. The Federal Reserve Board announced on March 5, 2004, that the Consumer Advisory Council would hold its next meeting on Thursday, March 25, 2004. The meeting occurred in Dining Room E, Terrace level, in the Board’s Martin Building. The session began at 9:00 a.m. EST and was open to the public. The Federal Reserve Board on March 4, 2004, announced the issuance of a cease and desist order against Cowboy State Bancorp, Inc., Ranchester, Wyoming, a bank holding company, and its sub sidiary bank, the Cowboy State Bank, Ranchester, Wyoming. The Federal Reserve Board on February 5, 2004, released the minutes of its discount rate meetings from November 10, 2003, through December 8, 2003. On March 25, 2004, the Federal Reserve Board, released the minutes of its discount rate meetings from December 15, 2003, through January 26, 2004. 206 Federal Reserve Bulletin □ Spring 2004 The consent cease and desist order was jointly issued by the Federal Reserve Board and the Wyo ming State Banking Commissioner on February 24, 2004. Company Act. The Board will remit this fine to the U.S. Department of the Treasury. Written Agreements The Federal Reserve Board and the New York State Banking Department announced on March 10, 2004, the issuance of a joint order to cease and desist and an order of assessment of a civil money penalty and monetary payment against Credit Agricole, S.A., Paris, France; and its affiliates in Paris, Credit Agri cole Indosuez and Credit Lyonnais, S.A.; and its offices and affiliates in New York, the New York branches of Credit Agricole Indosuez; and Credit Lyonnais, S.A. The order assesses fines totaling $13 million. The order addresses deficiencies in the operational controls, risk management, and compliance with laws and regulations by the New York branch of Credit Agricole Indosuez. The order resolves allegations that Credit Agricole, S.A., Credit Agricole Indosuez, and the New York branch of Credit Agricole Indosuez failed to fully comply with a written agree ment entered into with the Federal Reserve and the New York State Banking Department in Novem ber 2000; failed to maintain accurate and com plete books and records for the operations of the New York branch of Credit Agricole Indosuez; and violated New York State law relating to the banks’ obligation to maintain accurate books and records and to submit reports to the New York State Banking Department. The joint order includes Credit Lyonnais, S.A. and the New York branch of Credit Lyonnais, S.A., because Credit Agricole, S.A. plans to reorganize its U.S. operations and consolidate certain business operations of its affiliates’ New York branches through the New York branch of Credit Lyonnais, S.A. Credit Agricole, S.A., and its affiliates, without admitting to any allegations, consented to the issu ance of the order. Credit Agricole, S.A., Credit Agricole Indosuez, and the New York branch of Credit Agricole Indosuez were assessed $10 million in fines under the joint order. They will pay $5 million to the U.S. Department of the Treasury (through the Board of Governors) and $5 million to the state of New York under applicable federal and state laws. Credit Agricole, S.A., also agreed to pay a $3 mil lion fine to the Board of Governors to resolve alle gations that Credit Agricole, S.A. acquired certain shares of Credit Lyonnais, S.A. and Credit Lyonnais Securities (USA), Inc., in 2002, without prior Federal Reserve approval as required by the Bank Holding The Federal Reserve Board on February 24, 2004, announced the execution of a written agreement by and among The Custar State Bank, Custar, Ohio; the Ohio Division of Financial Institutions, Columbus, Ohio; and the Federal Reserve Bank of Cleveland. The Federal Reserve Board on March 24, 2004, announced the execution of a written agreement by and among Midwest Banc Holdings, Inc., Melrose Park, Illinois; the Midwest Bank and Trust Company, Elmwood Park, Illinois; the State of Illinois Office of Banks and Real Estate, Springfield, Illinois; and the Federal Reserve Bank of Chicago. The Federal Reserve Board on March 24, 2004, announced the execution of a written agreement by and between the Planters Bank and Trust Company, Staunton, Virginia, and the Federal Reserve Bank of Richmond. The Federal Reserve Board on March 24, 2004, announced the execution of a written agreement by and between the Virginia Heartland Bank, Freder icksburg, Virginia, and the Federal Reserve Bank of Richmond. Termination o f Enforcem ent Actions The Federal Reserve Board on April 7, 2004, announced the termination of the enforcement action listed below. The Federal Reserve’s enforcement actions web site, www.federalreserve.gov/boarddocs/ enforcement, reports the terminations as they occur. • Fifth Third Bancorp and Fifth Third Bank, Cin cinnati, Ohio Written agreement dated March 26, 2003 Terminated April 6, 2004 The Federal Reserve Board, on April 15, 2004, announced the termination of the enforcement action listed below. • Community First Bank and Trust, Celina, Ohio Written agreement dated July 25, 2002 Terminated February 4, 2004 Announcements Ch a n g e s i n B o a r d S t a f f Dolores S. Smith, Director of the Division of Con sumer and Community Affairs, retired on March 31, 2004, after more than twenty-eight years of service with the Board. The Board of Governors on March 18, 2004, approved the promotion of Alice Patricia White to deputy associate director and the appointment of Michael Gibson to assistant director and chief of the Trading Risk Analysis Section, in the Division of Research and Statistics. Pat White will take on broader responsibilities for handling policy assignments for the Board. Ms. White began her career in the Financial Structure Section in the Division of Research and Statistics in 1979. After a brief stint as special assistant to Governor Wallich in 1982, she transferred to the Capital Markets Section. The Trading Risk Analy sis Section was created in 1993 and Ms. White was selected the first chief of that section. She was made line officer of the Trading Risk Analysis Sec tion in 2000. Ms. White will continue to provide support to the Board in its participation in the domes tic and international policy arena especially related to derivatives, margin requirements, and securities clearance and settlement arrangements. Ms. White received her doctoral degree from Yale University in 1979. Michael Gibson will have direct oversight respon sibility for the Trading Risk Analysis Section. This section is responsible for analyzing the risks arising in the trading and positioning of securities, commodi ties, and derivative instruments. Mr. Gibson began his career at the Board in the International Banking Section of the Division of International Finance in 1992, where he had principal responsibility for fol lowing the Japanese banking system. He subse quently spent two years as a visiting assistant pro fessor of business economics at the University of Chicago Graduate School of Business. Mr. Gibson moved to the Trading Risk Analysis Section in the Division of Research and Statistics in 1999 and was selected chief of that section in 2000. Mr. Gibson received his doctoral degree from the Massachusetts Institute of Technology in 1993. The Board of Governors on March 19, 2004, approved the appointment of Stacy Coleman as assis tant director for Operational and Information Tech nology (IT) Risk and Special Activities, Division of Banking Supervision and Regulation; and a change in officer responsibilities for Lisa Hoskins, Assistant 207 Director, Division of Reserve Bank Operations and Payment Systems to assume oversight responsibili ties for the Payment System Risk program. Stacy Coleman will oversee the Operational and IT Risk and Special Activities areas, which provide the focal point for the Federal Reserve’s supervision of operational risk in banking organizations. These func tions support supervision by providing guidance and technical assistance in areas involving business conti nuity, IT, fiduciary activities, and emerging activities such as insurance. Ms. Coleman joined the Federal Reserve Board in 1993 as a research assistant in the Flow of Funds Section in the Division of Research and Statistics. She returned to the Board in 1996 as a senior finan cial services analyst in the Division of Reserve Bank Operations and Payment Systems. In 2001, she was promoted to manager of the Payment System Risk (PSR) program. Ms. Coleman holds a bachelor of arts degree from Kalamazoo College and an MBA from Johns Hopkins University. Lisa Hoskins, Assistant Director, will assume over sight responsibilities for the Payment System Risk (PSR) program in addition to her responsibilities for division administration and Information Systems. Ms. Hoskins joined the Federal Reserve System in 1985 as a management intern with the New Orleans Branch of the Federal Reserve Bank of Atlanta. She transferred to the Board in 1998 as a financial ser vices analyst in the Division of Bank Operations and Payment Systems. Ms. Hoskins was appointed to the official staff in 2003 and has served as co-secretariat to the Committee on Employee Benefits. She received her BBA and MBA degrees from Loyola University. The Federal Reserve Board on March 22, 2004, announced the appointment of Sandra F. Braunstein as director of the Division of Consumer and Commu nity Affairs, effective April 1, 2004. Ms. Braunstein succeeds Dolores S. Smith, who retired after twenty-eight years of service at the Board, including six years as division director. In 1998, Ms. Braunstein was appointed to the Board’s official staff as assistant director and commu nity affairs officer. She was named senior associate director of the Division of Consumer and Community Affairs in 2003. She currently oversees the imple mentation of Federal Reserve System policies and programs regarding community and economic devel opment. She also serves as the Board’s liaison to the Consumer Advisory Council and provides leader ship to various consumer education and research activities. 208 Federal Reserve Bulletin □ Spring 2004 Before joining the Federal Reserve Board in 1987, Ms. Braunstein held positions in economic and com munity development for nonprofit, government, and private sector organizations. She is a graduate of the American University. Richard D. Porter, Senior Adviser in the Division of Monetary Affairs, retired from the Board on April 30, 2004, after more than thirty years of ser vice. In May, Mr. Porter joins the Federal Reserve Bank of Chicago as senior policy adviser. REVISION TO THE M O N E Y STOCK DATA Measures of the money stock and components were revised in January 2004 to incorporate the results of the annual seasonal factor review. Data in tables 1.10 and 1.21 in the Statistical Supplem ent to the Federal 1. Reserve Bulletin reflect these changes beginning with the February issue. Seasonally adjusted measures of the monetary stock and components incorporate revised seasonal factors produced from not-seasonally-adjusted data through December 2003. Monthly seasonal factors were estimated using the X-12-ARIMA procedure. The revisions to seasonal factors raised M2 and M3 growth rates in the first and fourth quarters of 2003, although lowering them in the other quarters of the year. Historical data, updated each week, are avail able through the Federal Reserve’s web site (www.federalreserve.gov/releases/) with the H.6 sta tistical release. Current and historical data are also on the Economic Bulletin Board of the U.S. Department of Commerce. For paid electronic access to the Eco nomic Bulletin Board, call STAT-USA at 1-800-7828872 or 202-482-1986. Monthly seasonal factors used to construct M l, January 2003-March 2005 Year and month Currency Other checkable deposits1 Nonbank travelers checks Demand deposits Total At banks 2003—January ................................ February .............................. March .................................. A p ril..................................... May ..................................... June ..................................... J u ly ....................................... August .................................. September............................ October ................................ N ovem ber............................ December ............................ .9968 .9998 1.0014 1.0022 1.0031 1.0020 1.0011 .9994 .9950 .9960 .9984 1.0046 .9955 .9947 .9903 .9824 .9875 1.0160 1.0369 1.0243 1.0067 .9963 .9819 .9886 1.0020 .9720 .9920 1.0011 .9860 .9976 1.0034 1.0004 .9952 .9929 1.0058 1.0507 1.0110 .9832 1.0057 1.0282 .9952 .9999 .9959 .9919 .9915 .9892 .9895 1.0221 1.0386 .9913 1.0065 1.0256 .9866 .9928 .9898 .9803 .9863 .9892 .9786 1.0381 2004— January ................................ February .............................. March ................................. A p ril..................................... May ..................................... June ..................................... J u ly ....................................... August ................................. September............................ October ................................ N ovem ber............................ December ............................ .9967 1.0002 1.0011 1.0023 1.0031 1.0023 1.0018 .9980 .9950 .9970 .9972 1.0051 .9970 .9954 .9918 .9834 .9881 1.0135 1.0346 1.0245 1.0061 .9952 .9831 .9889 1.0018 .9737 .9884 .9991 .9916 .9962 1.0052 1.0027 .9920 .9963 1.0038 1.0470 1.0097 .9831 1.0050 1.0244 .9949 .9991 .9961 .9948 .9932 .9898 .9898 1.0219 1.0383 .9916 1.0071 1.0196 .9839 .9935 .9904 .9815 .9901 .9885 .9773 1.0400 2005—January ............................... February .............................. March ................................. .9964 .0000 1.0012 .9976 .9956 .9919 1.0053 .9724 .9853 1.0099 .9824 1.0040 1.0380 .9916 1.0077 1. Seasonally adjusted other checkable deposits at thrift institutions are derived as the difference between total other checkable deposits, seasonally adjusted, and seasonally adjusted other checkable deposits at commercial banks. Announcements 2. Monthly seasonal factors used to construct M2 and M3, January 2003-March 2005 Savings and MMDA deposits1 Smalldenomination time deposits1 Largedenomination time deposits1 2003—January ................................ February .............................. March ................................. A pril..................................... May ..................................... June ..................................... J u ly ....................................... August .................................. September............................ October ................................ Novem ber............................ December ............................ .9953 .9939 1.0002 1.0043 .9944 .9982 .9977 1.0026 1.0033 1.0010 1.0074 1.0041 1.0004 2004— January ................................ February .............................. March .................................. A p ril..................................... May ..................................... June ..................................... J u ly ....................................... August .................................. September............................ October ................................ N ovem ber............................ December ............................ .9957 .9932 .9977 1.0033 .9937 .9980 .9998 1.0014 1.0041 1.0033 1.0067 1.0045 2005—January ................................ February .............................. March .................................. .9953 .9927 .9964 Money market mutual funds .9922 .9967 1.0006 1.0006 1.0096 1.0065 Year and month 1.0018 1.0262 1.0233 1.0112 .9872 .9848 .9928 .9882 .9884 .9817 .9874 1.0090 1.0238 .9943 1.0140 1.0162 1.0074 1.0269 1.0237 1.0014 .9927 .9744 .9753 .9856 .9875 1.0037 1.0136 1.0148 1.0142 1.0129 .9911 .9844 .9859 .9877 .9946 1.0039 1.0017 1.0041 1.0079 1.0140 1.0071 .9867 .9874 .9939 1.0019 .9973 1.0004 1.0006 1.0009 1.0238 1.0216 1.0097 .9867 .9836 .9921 .9896 .9899 .9850 .9896 1.0078 1.0219 .9925 1.0116 1.0170 1.0119 1.0282 1.0234 1.0004 .9916 .9745 .9767 .9867 .9860 1.0029 1.0102 1.0109 1.0101 1.0093 .9903 .9863 .9892 .9896 .9948 .9998 .9994 .9994 .9998 .9998 .9996 .9998 .9999 1.0002 1.0008 Eurodollars .9996 1.0096 1.0058 1.0010 .9994 1.0017 1.0018 .9996 .9973 1.0001 RPs 1.0029 1.0069 1.0127 1.0229 1.0211 1.0088 .9907 1.0109 1.0178 1.0030 1.0076 1.0077 In M2 1.0061 1.0098 1.0166 1.0081 .9872 .9868 .9928 .9998 .9959 .9993 1.0011 .9987 1.0008 1.0005 .9982 .9973 1.0001 1.0001 1.0000 .9906 .9957 .9998 .9996 1.0001 1.0000 1.0004 1.0005 1.0000 .9997 .9996 .9998 1.0002 .9998 1.0000 .9997 .9998 In M3 only .9985 1.0051 1.0031 1. Seasonal factors are applied to deposit data at both commercial banks and thrift institutions. 3. 209 Weekly seasonal factors used to construct M l, December 1, 2003-April 4, 2005 Week ending Currency Other checkable deposits1 Nonbank travelers checks Demand deposits Total At banks 2003— December 1 8 15 22 29 ..................... ..................... ..................... ..................... ..................... 1.0012 1.0000 1.0016 1.0082 1.0113 .9785 .9824 .9863 .9902 .9942 1.0904 .9517 1.0068 1.0719 1.1455 1.0239 .9963 .9866 1.0301 1.0607 1.0145 .9816 .9940 1.0564 1.1047 2004— January 5 12 19 26 ..................... ..................... ..................... ..................... 1.0050 .9950 .9960 .9945 .9981 .9975 .9970 .9964 1.0545 .9668 .9851 1.0041 1.0487 .9973 .9933 1.0073 1.0680 1.0296 1.0268 1.0382 February 2 9 16 23 ..................... ..................... ..................... ..................... .9960 1.0008 1.0022 .9994 .9959 .9956 .9954 .9952 1.0370 .9456 .9651 .9685 1.0189 .9804 .9641 .9788 1.0404 .9847 .9694 .9895 March 1 8 15 22 29 ..................... ..................... ..................... ..................... ..................... .9989 1.0029 1.0014 1.0011 .9998 .9950 .9937 .9925 .9913 .9900 1.0011 .9453 .9658 .9869 1.0404 1.0025 .9923 .9861 1.0043 1.0262 1.0134 .9905 .9790 1.0067 1.0400 April 5 12 19 26 ..................... ..................... ..................... ..................... 1.0041 1.0042 1.0020 1.0001 .9888 .9860 .9832 .9804 .9892 .9561 1.0323 1.0259 1.0287 1.0058 1.0350 1.0328 1.0288 .9938 1.0341 1.0301 May 3 10 17 24 31 ..................... ..................... .................... ..................... .................... 1.0013 1.0041 1.0022 1.0029 1.0024 .9777 .9823 .9869 .9916 .9962 1.0077 .9544 .9877 .9858 1.0341 1.0265 .9857 .9760 .9912 1.0136 1.0154 .9627 .9663 .9852 1.0115 June 7 14 21 28 .................... ..................... ..................... ..................... 1.0049 1.0037 1.0019 1.0006 1.0027 1.0092 1.0156 1.0221 .9406 .9674 1.0043 1.0589 .9976 .9801 .9930 1.0177 .9848 .9641 .9930 1.0217 July 5 12 19 26 ..................... .................... ..................... ..................... 1.0058 1.0028 1.0010 .9988 1.0286 1.0316 1.0346 1.0376 .9852 .9597 1.0038 1.0468 1.0059 .9782 .9859 1.0023 1.0024 .9642 .9780 1.0002 210 Federal Reserve Bulletin □ Spring 2004 3.— Continued Week ending Currency Other checkable deposits1 Nonbank travelers checks Demand deposits Total At banks 2 9 16 23 30 ..................... ..................... ..................... ..................... ..................... .9986 1.0026 .9994 .9963 .9941 1.0406 1.0340 1.0273 1.0206 1.0140 1.0521 .9490 .9864 1.0076 1.0542 1.0223 .9915 .9759 .9914 1.0110 1.0254 .9749 .9560 .9785 1.0039 September 6 13 20 27 ..................... ..................... ..................... ..................... .9986 .9955 .9945 .9928 1.0073 1.0067 1.0060 1.0054 .9598 .9536 .9789 1.0606 .9969 .9808 .9935 1.0014 .9859 .9701 .9899 1.0068 October 4 11 18 25 ..................... ..................... ..................... ..................... .9956 1.0000 .9973 .9951 1.0047 1.0003 .9958 .9913 .9977 .9399 .9860 1.0212 .9922 .9722 .9785 .9947 .9973 .9663 .9772 .9943 November 1 8 15 22 29 ..................... ..................... ..................... ..................... ..................... .9936 .9979 .9963 .9955 .9999 .9869 .9854 .9839 .9824 .9808 1.0594 .9558 .9748 1.0033 1.0712 1.0199 .9760 .9677 .9863 1.0194 1.0209 .9573 .9468 .9767 1.0170 December 6 13 20 27 ..................... ..................... ..................... ..................... .9999 1.0018 1.0058 1.0130 .9793 .9844 .9895 .9946 .9829 .9865 1.0556 1.1255 1.0099 .9893 1.0213 1.0531 1.0058 .9860 1.0411 1.0961 3 10 17 24 31 ..................... ..................... ..................... ..................... ..................... 1.0050 .9987 .9952 .9929 .9936 .9997 .9988 .9979 .9969 .9960 1.1079 .9748 .9789 .9963 1.0298 1.0471 1.0092 .9977 1.0049 1.0126 1.0835 1.0350 1.0255 1.0336 1.0425 February 7 14 21 28 ..................... ..................... ..................... ..................... .9994 1.0008 1.0012 .9986 .9958 .9957 .9955 .9954 .9573 .9616 .9658 1.0051 .9895 .9655 .9786 .9961 1.0039 .9667 .9858 1.0099 March 7 14 21 28 ..................... ..................... ..................... ..................... 1.0027 1.0018 1.0016 1.0006 .9941 .9929 .9916 .9904 .9606 .9587 .9839 1.0123 .9977 .9841 1.0007 1.0188 .9940 .9767 1.0073 1.0352 4 ..................... 1.0024 .9891 1.0050 1.0286 1.0317 August 2005—January April 1. Seasonally adjusted other checkable deposits at thrift institutions are derived as the difference between total other checkable deposits, seasonally adjusted, and seasonally adjusted other checkable deposits at commercial banks. 4. Weekly seasonal factors used to construct M2 and M3, December 1, 2003-April 4, 2005 Week ending 2003—December 2004— January February March April Savings and MMDA deposits1 1.0000 Smalldenomination time deposits1 1.0011 Largedenomination time deposits1 Money market mutual funds RPs Eurodollars 1.0182 1.0240 1.0379 1.0233 1.0182 .9810 .9873 .9897 .9860 .9936 1.0082 .9973 .9970 .9980 1.0109 In M2 In M3 only .9933 .9965 1.0046 1.0008 .9946 1.0007 1.0035 1.0051 1.0022 .9987 1 8 15 22 29 .................... .................... .................... .................... .................... 1.0180 1.0161 .9989 .9851 1.0006 1.0002 .9997 .9998 5 12 19 26 .................... .................... .................... .................... 1.0109 1.0112 .9980 .9767 1.0014 1.0007 1.0001 .9992 .9950 .9974 .9925 .9799 .9943 1.0035 1.0085 1.0074 .9971 1.0227 1.0320 1.0360 .9670 .9864 .9961 1.0016 1.0098 1.0052 1.0041 .9978 2 9 16 23 .................... .................... .................... .................... 1.0011 .9787 .9994 .9868 .9993 .9997 .9999 .9998 .9915 .9976 1.0002 .9944 1.0041 1.0059 1.0070 1.0102 1.0259 1.0213 1.0222 1.0253 1.0094 1.0177 1.0162 1.0045 .9968 1.0009 1.0086 1.0186 1 8 15 22 29 .................... .................... ..................... ..................... ..................... .9884 1.0082 1.0073 .9951 .9832 .9998 .9997 .9997 .9996 .9993 1.0000 .9912 .9976 .9990 1.0034 1.0100 1.0129 1.0143 1.0159 1.0144 1.0131 1.0113 1.0136 1.0105 1.0018 1.0081 1.0187 1.0175 1.0204 1.0166 1.0165 1.0003 1.0080 1.0123 1.0213 5 12 19 26 .................... ..................... ..................... ..................... 1.0125 1.0179 1.0086 .9845 1.0056 .9998 .9960 .9959 1.0117 1.0162 1.0115 1.0014 .9848 .9959 .9831 .9787 1.0038 1.0077 1.0086 1.0184 1.0107 1.0030 1.0069 1.0150 1.0001 1.0004 .9999 .9995 Announcements 211 4.— Continued Week ending Savings and MMDA deposits1 Smalldenomination time deposits1 Largedenomination time deposits1 Money market mutual funds RPs In M2 Eurodollars In M3 only May 3 10 17 24 31 ..................... ..................... ..................... .................... .................... .9852 1.0044 .9989 .9838 .9844 1.0001 1.0003 1.0003 1.0005 1.0005 1.0041 1.0099 1.0111 1.0099 1.0101 .9878 .9870 .9853 .9874 .9868 .9733 .9784 .9831 .9885 .9832 1.0240 1.0258 1.0276 1.0264 1.0349 1.0177 1.0088 1.0047 1.0096 1.0102 June 7 14 21 28 .................... ..................... ..................... ..................... 1.0123 1.0104 .9967 .9784 1.0007 1.0007 1.0003 1.0002 1.0087 1.0025 1.0089 1.0049 .9885 .9896 .9875 .9852 .9836 .9904 .9842 .9869 1.0301 1.0311 1.0218 1.0164 1.0004 .9900 .9844 .9868 July 5 12 19 26 ..................... ..................... ..................... ..................... 1.0089 1.0117 .9989 .9840 1.0005 1.0002 1.0000 .9997 .9996 1.0012 .9981 1.0014 .9836 .9933 .9951 .9977 .9806 .9946 .9926 .9934 1.0028 .9966 .9997 1.0011 .9889 .9863 .9843 .9870 August 2 9 16 23 30 ..................... ..................... ..................... .................... .................... .9917 1.0151 1.0108 .9925 .9867 .9996 .9998 .9998 .9997 .9996 1.0057 1.0092 .9997 .9937 .9932 .9979 1.0022 1.0033 1.0037 1.0002 .9844 .9910 .9973 .9997 .9958 1.0037 1.0080 .9965 .9795 .9807 .9861 .9838 .9824 .9915 1.0010 September 6 13 20 27 ..................... ..................... ..................... ..................... 1.0186 1.0218 1.0054 .9819 .9999 .9998 .9993 .9992 1.0002 1.0051 .9999 .9989 .9976 1.0012 .9988 .9944 .9859 .9953 .9895 .9867 .9765 .9795 .9773 .9699 .9869 .9872 .9879 .9970 October 4 11 18 25 ..................... ..................... ..................... ..................... 1.0067 1.0152 1.0072 .9881 .9999 1.0005 1.0000 .9995 1.0071 1.0102 1.0000 .9963 .9909 .9993 1.0040 1.0035 .9753 .9935 .9954 .9970 .9626 .9692 .9782 .9790 .9925 .9945 .9968 1.0028 November 1 8 15 22 29 ..................... ..................... ..................... ..................... ..................... .9890 1.0144 1.0186 1.0030 .9923 .9993 .9998 1.0003 1.0003 1.0005 .9972 1.0012 1.0030 .9995 .9956 1.0003 1.0001 .9995 1.0019 1.0006 .9940 .9972 1.0054 1.0143 1.0207 .9905 1.0003 .9863 .9796 .9797 1.0055 1.0016 1.0044 1.0066 1.0095 December 6 13 20 27 ..................... ..................... ..................... ..................... 1.0154 1.0171 1.0048 .9887 1.0005 1.0000 .9994 .9992 .9967 1.0047 1.0002 .9929 1.0027 1.0050 1.0029 .9987 1.0214 1.0346 1.0236 1.0204 .9888 .9905 .9865 .9874 1.0038 .9993 1.0000 1.0046 3 10 17 24 31 ..................... ..................... ..................... ..................... ..................... .9983 1.0131 1.0035 .9850 .9713 1.0003 1.0008 1.0004 .9996 .9992 .9877 .9874 .9927 .9877 .9915 .9911 .9997 1.0056 1.0067 1.0046 .9961 1.0140 1.0280 1.0339 1.0286 .9701 .9780 .9893 .9962 1.0084 1.0104 1.0020 1.0046 1.0019 .9991 February 7 14 21 28 .................... .................... .................... .................... .9970 .9958 .9916 .9866 .9996 .9998 .9997 .9998 .9978 .9997 .9932 .9885 1.0049 1.0056 1.0083 1.0089 1.0193 1.0197 1.0225 1.0205 1.0113 1.0130 1.0069 1.0123 .9972 1.0057 1.0127 1.0138 March 7 14 21 28 ..................... ..................... ..................... ..................... 1.0081 1.0060 .9983 .9843 .9997 .9998 .9998 .9998 .9934 .9998 .9999 1.0030 1.0112 1.0119 1.0142 1.0142 1.0124 1.0135 1.0081 1.0025 1.0179 1.0196 1.0177 1.0221 .9978 1.0026 1.0073 1.0209 4 ..................... 1.0032 1.0004 1.0071 1.0117 .9865 1.0035 1.0108 2005—January April 1. Seasonal factors are applied to deposit data at both commercial banks and thrift institutions. 212 Legal Developments O r d e r s I s s u e d Un d e r B a n k h o l d i n g Co m p an y A c t O rders Issued U nder Section 4 of the B ank H olding Com pany A ct J.P. Morgan Chase & Co. New York, New York Order Approving Acquisition of a Savings Association J.P. Morgan Chase & Co. ( “ Morgan Chase” ), a financial holding company within the meaning of the Bank Holding Company Act ( “ BHC A ct” ), has requested the Board’s approval to acquire all the voting shares of Chase FSB, Newark, Delaware, a de novo federal savings bank, pursu ant to section 4(c)(8) and 4(j) of the Bank Holding Com pany Act (12 U.S.C. § 1843(c)(8) and 1843(j)) (“ BHC A ct” ) and section 225.24 of the Board’s Regulation Y (12C.F.R. 225.24).1 Notice of the proposal, affording interested persons an opportunity to submit comments, has been published ( 6 8 Federal Register 68,925 (2003)), and the time for filing comments has expired. The Board has considered the pro posal and all comments received in light of the factors set forth in section 4 of the BHC Act. M organ Chase, with total consolidated assets of $771 billion, is the second largest banking organization in the United States .2 M organ Chase controls $194.5 billion in deposits in depository institutions nationwide, represent ing approximately 4 percent of the total deposits in insured depository institutions in the United States .3 Morgan Chase proposes to operate Chase FSB as a direct subsidiary that will market and originate certain retail and consumer finance products currently offered by other Morgan Chase subsidiaries. M organ Chase has represented that it intends for Chase FSB to principally serve the national market, which Morgan Chase describes as the United States out side the tristate area of New York, New Jersey, and Con necticut. Morgan Chase would continue to serve its retail 1. Morgan Chase has previously received the required approvals to establish Chase FSB from the Office of Thrift Supervision ( “OTS” ) on November 28, 2003, and from the Federal Deposit Insurance Corporation on December 3, 2003. 2. Asset data for Morgan Chase are as of December 31, 2003, and nationwide ranking data are as of September 30, 2003. 3. Deposit data are as of September 30, 2003. In this context, depository institutions include commercial banks, savings banks, and savings associations. banking customers in the tri-state area principally through JPMorgan Chase Bank, New York, New York ( “ JPM CB” ), Morgan Chase’s lead subsidiary bank. Chase FSB ’s activi ties would initially focus on home mortgage lending, marketing of credit cards, and automotive finance .4 To facilitate these activities, 302 offices throughout the United States of Chase Manhattan Mortgage Corporation, Edison, New Jersey ( “ CM M C” ), which is Morgan Chase’s principal mortgage lending subsidiary, would become offices of Chase FSB .5 The Board previously has determined by regulation that the operation of a savings association by a bank holding company is closely related to banking for purposes of section 4(c)(8) of the BHC A ct .6 The Board is required to review each proposal by a bank holding company to acquire a savings association . 7 In reviewing the proposal, the Board is required by section 4(j)(2)(A) of the BHC Act to determine that the acquisition of Chase FSB by M organ Chase “ can reasonably be expected to produce benefits to the public . . . that outweigh possible adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices .” 8 As part of its evaluation of a proposal under these public interest factors, the Board reviews the finan cial and managerial resources of the companies involved as well as the effect of the proposal on competition in the relevant markets .9 In acting on notices to acquire a savings association, the Board also reviews the records of per formance of the relevant insured depository institutions under the Community Reinvestment Act (12 U.S.C. §2901 et seq.) (“ CRA ” ) . 10 Competitive Considerations As part of its consideration of the public interest factors under section 4 of the BHC Act, the Board has considered 4. Chase FSB will market credit cards issued by Chase Manhattan Bank USA, N.A., Newark, Delaware ( “Chase USA” ), which currently issues all Morgan Chase credit cards. Chase USA’s automotive finance business will be transferred to Chase FSB. 5. Of these 302 offices, 19 will be administrative offices not open to the public. The remainder will be loan production offices of Chase FSB. 6. 12 C.F.R. 225.28(b)(4)(ii). 7. 12 U.S.C. § 1843(j) and 1843(k)(6)(B). 8. 12 U.S.C. §1843(j)(2)(A ). 9. 12 C.F.R. 225.26. 10. See, e.g., Banc One Corporation, Inc., 83 Federal Reserve Bulletin 602 (1997). 213 carefully the competitive effects of the proposal in the relevant markets in light of all the facts of record. The proposal involves the formation of a de novo savings association that would operate nationwide. Commencement of activities de novo is presumed under Regulation Y to result in benefits to the public through increased competition in the market for banking and simi lar services . 11 The proposed acquisition would have no adverse effect on the concentration of banking resources in any relevant banking market. Moreover, the Board has received no objections to the proposal from the Depart ment of Justice or any federal banking agency. In light of all the facts of record, the Board concludes that consum mation of the proposed transaction would not result in a significantly adverse effect on competition or on the con centration of banking resources in any relevant banking market, and that competitive factors are consistent with approval. Financial and Managerial Factors In reviewing the proposal under section 4 of the BHC Act, the Board also has carefully reviewed the financial and managerial resources of Morgan Chase and Chase FSB. The Board has reviewed these factors in light of all the facts of record, including confidential reports of exami nation assessing the financial and managerial resources of M organ Chase and its subsidiary banks, information provided by M organ Chase, and public comments on the proposal . 12 In addition, the Board has consulted with the OTS, which will be the primary federal regulator of Chase FSB. The Board notes that Morgan Chase and its subsidiary depository institutions currently are well capital ized and are expected to remain so after consummation of the proposal. Chase FSB also would be well capitalized at consummation. Based on all the facts of record, the Board concludes that the financial and managerial resources of the institutions involved are consistent with approval of the proposal . 13 11. See 12 C.F.R. 225.26(c). 12. A commenter opposing the proposal cited press reports of Morgan Chase’s connection to investigations, lawsuits, and settle ments relating to Enron Corp. and asserted that these issues reflected unfavorably on the managerial resources of JPMCB. The commenter also provided press reports o f litigation involving the acquisition of a small number of mortgage loans from a mortgage broker by CMMC and asserted that Morgan Chase and CMMC lacked adequate policies and procedures for monitoring the acquisition o f loans on the second ary market. The Board previously has considered these comments in the context o f a recent application by JPMCB to acquire trust deposits from subsidiary banks o f Bank One Corporation, Chicago, Illinois, and hereby adopts the findings in that case. See JPMorgan Chase Bank, 89 Federal Reserve Bulletin 511, 512 (2003) ( “JPMCB/Bank One Order ” ). In addition, the commenter raised concerns about an investigation by the Oregon Department of Justice ( “Oregon DOJ” ) into the alleged use by borrowers o f fraudulent Social Security numbers in three mortgage loans underwritten by CMMC. By a letter dated June 10, 2003, to CMMC, the Oregon DOJ closed its inquiry into this matter due to “insufficient evidence.” 13. After consulting with the OTS and reviewing all the facts of record, including in particular its approval of Morgan Chase’s applica- Records o f Performance Under the Community Reinvestment Act As previously noted, the Board reviews the records of performance under the CRA of the relevant insured deposi tory institutions when acting on a notice to acquire any insured depository institution, including a savings associa tion. The CRA requires the Board to assess each insured depository institution’s record of meeting the credit needs of its entire community, including low- and moderateincome neighborhoods, consistent with the institution’s safe and sound operation, and to take this record into account in evaluating bank holding company notices . 14 The Board has carefully considered the CRA perfor mance records of each subsidiary insured depository insti tution of Morgan Chase in light of all the facts of record, including public comments on the proposal. A commenter opposing the proposal has alleged, based on data reported under the Home Mortgage Disclosure Act ( “ HMDA” ), 15 that CMMC denied home mortgage loan applications from minorities more frequently than it denied applications from nonminorities in certain M etropolitan Statistical Areas ( “ M SAs ” ) . 16 A. CRA P erform ance E xam inations An institution’s most recent CRA performance evaluation is a particularly important consideration in the notice pro cess because it represents a detailed, on-site evaluation of the institution’s overall record of performance under the CRA by its appropriate supervisor . 17 JPMCB and Chase USA have each received “ Outstanding” ratings from their respective regulators at their most recent exami nations for CRA perform ance . 18 Examiners commended the community development lending o f both JPMCB and Chase USA. JPMCB was also found to have an excellent level of qualified investments and to be a leader in pro viding community development services. Examiners also tion to form Chase FSB (OTS Order No. 2003-60 (Nov. 28, 2003)), the Board also has determined that, on consummation of the proposal, Chase FSB would be well managed for purposes of section 4(1) of the BHC Act (12 U.S.C. § 1843(0). 14. 12 U.S.C. §2903. 15. 12 U.S.C. §2801 et seq. 16. The commenter expressed concern that the formation of Chase FSB would permit Morgan Chase to transfer its retail lending opera tions to an OTS-regulated institution with the result that consumer protection laws of the individual states would be preempted. As noted above, bank holding companies are permitted by law to own and control federal savings associations. 12 C.F.R. 225.28(b)(4)(ii). The applicability of state laws to federal savings associations is a matter within the jurisdiction of the OTS to determine. The commenter also alleged that CMMC’s purchase of certain mortgage loans on the secondary market enabled predatory lending by an unaffiliated consumer lender. The Board previously considered the remedial steps taken by CMMC in this matter and hereby adopts its conclusions in that case. See JPMCB/Bank One Order at 512. 17. See Interagency Questions and Answers Regarding Community Reinvestment, 66 Federal Register 36,620 and 36,639 (2001). 18. Ratings as of November 12, 2001, by the New York State Banking Department and March 3, 2003, by the Office of the Comp troller of the Currency, respectively. 214 Federal Reserve Bulletin □ Spring 2004 praised Chase USA’s flexible loan programs and found it to be very responsive to the credit and community develop ment needs of its assessment area. The record of M organ Chase in operating these insured depository institutions indicates that it has the experience and expertise to establish and implement appropriate CRA policies and programs at Chase FSB. The OTS will evalu ate Chase FSB ’s record of CRA-related lending based on its actual lending performance after Chase FSB opens for business. Chase FSB intends to invest in funds that develop low-income residential rental properties in states where it is a major mortgage lender and to seek community devel opment service opportunities in its assessment area . 19 Chase FSB also intends to provide grants to community development organizations in its assessment area and to large regional and national organizations that are active in Chase FSB’s top national markets. B. H M D A D ata and Fair Lending R ecord The Board has carefully considered the lending records and HMDA data of JPMCB, CMMC, and Chase USA in light of the comments received .20 Based on 2002 HMDA data, the commenter alleged that CMMC disproportion ately excluded or denied African-American and Hispanic applicants for home mortgage loans in various MSAs in twelve states and the District of Columbia .21 The com menter asserted that CM M C’s denial rates for minority applicants were higher than the rate for nonminority appli cants, and that CM M C’s denial disparity ratios compared unfavorably with those ratios for the aggregate of lenders in the M SAs .22 In the JPMCB/Bank One Order, the Board considered substantially similar comments about Morgan Chase’s HMDA data for MSAs in eight of these states and the District of Columbia, and the Board’s analysis of Morgan Chase’s HMDA data in that order is incorporated by reference . 23 19. In approving Morgan Chase’s application to organize Chase FSB, the OTS concluded that Chase FSB has satisfactorily demonstrated that it will meet its CRA objectives. OTS Order No. 2003-60 (Nov. 28, 2003). 20. The Board has reviewed HMDA data reported by JPMCB, CMMC, and Chase USA in 2001 and 2002 in the markets of concern to the commenter. The Board included data submitted by Chase USA in its review because, as noted above, Chase USA was the parent of CMMC until March 2002. CMMC is now a subsidiary of JPMCB. 21. In response, JPMCB noted that the commenter’s analysis was based on data from only a few MSAs and included only conventional home purchase loans originated by CMMC in 2002, and that the sample, therefore, was too small to represent JPMCB’s overall mort gage lending performance. 22. The denial disparity ratio equals the denial rate for a particular racial category (for example, African American) divided by the denial rate for whites. 23. The MSAs reviewed by the Board in the JPMCB/Bank One Order were Benton Harbor and Detroit, both in Michigan; Boston, Massachusetts; Dallas, Texas; Memphis, Tennessee; Raleigh, North Carolina; Richmond, Virginia; San Francisco, California; St. Louis, Missouri; and Washington, DC. The new MSAs reviewed in connec tion with this order are Denver, Colorado; Jackson, Mississippi; Portland, Oregon; and Seattle, Washington. For the MSAs cited by the commenter in Colorado, Mississippi, Oregon, and Washington, the denial disparity ratios reflected in the 2002 HMDA data reported by JPMCB, CMMC, and Chase USA generally were more favorable than or comparable with the ratios reported by the aggregate of lenders in three of the four markets reviewed. The denial disparity ratio approximated, but was somewhat less favorable than, the ratio for the aggregate in the Portland MSA for African Americans. The HMDA data do not indicate that JPMCB, CMMC, or Chase USA has excluded any segment of the population or any geographic area on a prohibited basis. The Board, nevertheless, is concerned when the record of an institution indicates disparities in lending and believes that all banks are obligated to ensure that their lending practices are based on criteria that ensure not only safe and sound lending, but also equal access to credit by creditworthy applicants regardless of race or income level. The Board recognizes, however, that HMDA data alone provide an incomplete measure of an institution’s lending in its com munity because these data cover only a few categories of housing-related lending. HMDA data, moreover, provide only limited information about covered loans .24 HMDA data, therefore, have limitations that make them an inad equate basis, absent other information, for concluding that an institution has not assisted adequately in meeting its com munity’s credit needs or has engaged in illegal lending discrimination. Because of the limitations of HMDA data, the Board has considered these data carefully in light of other inform a tion, including examination reports that provide on-site evaluations of compliance with fair lending laws by JPMCB and its predecessor bank, Chase M anhattan Bank, New York, New York .25 Examiners found no evidence of prohibited discrimination or other illegal credit practices at JPMCB, Chase Manhattan Bank, Chase USA, or CMMC. As noted in the JPMCB/Bank One Order, JPMCB and CMMC have taken several affirmative steps to ensure compliance with fair lending laws. Management at JPMCB and CMMC conduct comparative file reviews for most of their loan products. JPMCB and CMMC have a secondary review process that includes regression analysis of all applications to identify possible instances or indications of disparate treatment, and JPMCB indicated that it acts promptly to correct inappropriate underwriting decisions that are identified, including sending offers of credit to individuals whose applications were denied in error. In addition, an independent review team, under the direction 24. The data, for example, do not account for the possibility that an institution’s outreach efforts may attract a larger proportion of margin ally qualified applicants than other institutions attract and do not provide a basis for an independent assessment of whether an applicant who was denied credit was, in fact, creditworthy. Credit history prob lems and excessive debt levels relative to income (reasons most frequently cited for a credit denial) are not available from HMDA data. 25. JPMCB was formed in the fourth quarter of 2001 by the merger of Chase Manhattan Bank and Morgan Guaranty Trust Company. The CRA performance of Chase Manhattan Bank was last evaluated by the Federal Reserve Bank of New York as of July 9, 2001. Legal Developments o f the fair lending unit, reviews applications identified by the regression analysis and reports its findings to the audit department quarterly. The Board also has considered the HMDA data in light of other information, including the CRA performance records of JPMCB, Chase Manhattan Bank, and Chase USA. The Board concludes that, in light of the entire record, the HMDA data indicate that JPM CB’s record of perform ance in helping to serve the credit needs of its community is consistent with approval of the proposal. C. C onclusion on CR A Perform ance Records The Board has carefully considered all the facts of record, including reports of examination of CRA records of the institutions involved, information provided by Morgan Chase, all comments received and responses to the com ments, and confidential supervisory information. Based on a review of the entire record, and for the reasons discussed above, the Board concludes that the CRA performance records of the institutions involved are consistent with approval. Other Considerations As part of its evaluation of the public interest factors, the Board also has carefully reviewed the public benefits and possible adverse effects of the proposal. The record indi cates that consummation of the proposal would result in benefits to consumers and businesses. The proposal would enable Morgan Chase to streamline the way in which it provides consumer finance products and services to cus tomers throughout the national market, by creating a single institution through which customers can obtain home and automobile financing and credit card products and services now offered by different Morgan Chase affiliates. Morgan Chase expects that additional retail products and services will eventually also be offered in the national market through Chase FSB. Based on all the facts of record, the Board has determined that consummation of the proposal can reasonably be expected to produce public benefits that would outweigh any likely adverse effects under the stan dard of section 4(j)(2) of the BHC Act. Conclusion Based on the foregoing and all the facts of record, the Board has determined that the notice should be, and hereby is, approved. The Board’s approval is specifically condi tioned on compliance by Morgan Chase with all the com mitments made in connection with the notice and all the conditions in this order. The Board’s determination also is subject to all the conditions set forth in Regulation Y, including those in sections 225.7 and 225.25(c) (12 C.F.R. 225.7 and 225.25(c)), and to the Board’s authority to require such modification or termination of the activities of a bank holding company or any of its subsidiaries as the Board finds necessary to ensure compliance with, and to 215 prevent evasion of, the provisions of the BHC Act and the Board’s regulations and orders thereunder. For purposes of this action, the commitments and conditions relied on by the Board in reaching its decision are deemed to be condi tions imposed in writing by the Board in connection with its findings and decision and, as such, may be enforced in proceedings under applicable law. The proposal may not be consummated later than three months after the effective date of this order, unless such period is extended for good cause by the Board or by the Federal Reserve Bank of New York, acting pursuant to delegated authority. By order of the Board of Governors, effective Jan uary 30, 2004. Voting for this action: Chairman Greenspan, Vice Chairman Fergu son, and Governors Gramlich, Bies, Olson, Bernanke, and Kohn. R o b e r t d eV . F r ie r s o n Deputy Secretary o f the Board UBS AG Zurich, Switzerland Order Approving Notice to Engage in Activities Complementary to a Financial Activity UBS AG ( “U BS” ), a foreign bank that is treated as a financial holding company ( “ FH C” ) for purposes of the Bank Holding Company Act ( “ BHC A ct” ), has requested the Board’s approval under section 4 of the BHC Act (12 U.S.C. § 1843) and the Board’s Regulation Y (12 C.F.R. Part 225) to retain all the voting shares of UBSW Energy LLC, Stamford, Connecticut ( “ UBS Energy” ), and to con tinue to engage in physical commodity trading in the United States. UBS currently conducts physical commod ity trading in the United States pursuant to temporary grandfather authority provided by the BHC Act and Regu lation Y. 1 Regulation Y currently authorizes bank holding com pa nies ( “ BH Cs” ) to engage as principal in derivative con tracts based on financial and nonfinancial assets ( “ Com modity Derivatives” ). Under Regulation Y, a BHC may conduct Commodity Derivatives activities subject to cer tain restrictions that are designed to limit the B H C’s activ ity to trading and investing in financial instruments rather than dealing directly in physical nonfinancial commodities. Under these restrictions, a BHC generally is not allowed to take or make delivery of nonfinancial commodities under lying Commodity Derivatives. In addition, BHCs generally are not permitted to purchase or sell nonfinancial commodi ties in the spot market. The BHC Act, as amended by the G ram m -Leach-Bliley Act (“ GLB A ct” ), permits a BHC to engage in activities that the Board had determined were closely related to banking, by regulation or order, prior to November 12, 1. U B S ’s grandfather rights expire on February 8, 2004. UBS conducts its U.S. energy trading business through UBSW Energy and U B S’s London branch. 216 Federal Reserve Bulletin □ Spring 2004 1 9 9 9 2 The BHC Act permits a FHC to engage in a broad range of activities that are defined in the statute to be financial in nature .3 Moreover, the BHC Act allows FHCs to engage in any activity that the Board determines, in consultation with the Secretary of the Treasury, to be financial in nature or incidental to a financial activity .4 In addition, the BHC Act permits FHCs to engage in any activity that the Board (in its sole discretion) determines is complementary to a financial activity and does not pose a substantial risk to the safety or soundness of depository institutions or the financial system generally .5 This author ity is intended to allow the Board to permit FHCs to engage on a limited basis in an activity that appears to be commercial rather than financial in nature, but that is meaningfully connected to a financial activity such that it complements the financial activity .6 The BHC Act provides that any FHC seeking to engage in a complementary activ ity must obtain the Board’s prior approval under sec tion 4(j) of the BHC A ct .7 UBS has requested that the Board permit it to purchase and sell physical commodities in the spot market and to take and make delivery of physical commodities to settle Commodity Derivatives ( “ Commodity Trading Activi ties” ). The Board previously has determined that Commod ity Trading Activities involving a particular commodity complement the financial activity of engaging regularly as principal in BHC-permissible Commodity Derivatives based on that commodity .8 UBS regularly engages as prin cipal in BHC-permissible Commodity Derivatives based on a variety of commodities, including natural gas and electricity. Based on the foregoing and all other facts of record, the Board believes that Commodity Trading Activi ties are complementary to the Commodity Derivatives activities of UBS. In order to authorize UBS to engage in Commodity Trading Activities as a complementary activity under the GLB Act, the Board also must determine that the activities do not pose a substantial risk to the safety or soundness of depository institutions or the U.S. financial system gener ally .9 In addition, the Board must determine that the perfor mance of Commodity Trading Activities by UBS “ can reasonably be expected to produce benefits to the public, 2. 12 U.S.C. § 1843(c)(8). 3. The Board determined by regulation before November 12, 1999, that engaging as principal in Commodity Derivatives, subject to certain restrictions, was closely related to banking. Accordingly, engaging as principal in BHC-permissible Commodity Derivatives is a financial activity for purposes of the BHC Act. See 12 U.S.C. § 1843(k)(4)(F). 4. 12 U.S.C. §1843(k)(l)(A ). 5. 12 U.S.C. §1843(k)(l)(B ). 6. See 145 Cong. Rec. HI 1529 (daily ed. Nov. 4, 1999) (Statement of Chairman Leach) ( “It is expected that complementary activities would not be significant relative to the overall financial activities of the organization.” ). 7. 12 U.S.C. §1843(j). 8. See Citigroup Inc., 89 Federal Reserve Bulletin 508 (2003). For example, Commodity Trading Activities involving all types o f crude oil would be complementary to engaging regularly as principal in BHC-permissible Commodity Derivatives based on Brent crude oil. 9. 12 U.S.C. § 1843(k)(l)(B). such as greater convenience, increased competition, or gains in efficiency, that outweigh possible adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound bank ing practices.” 10 Approval of the proposal likely would benefit U BS’s customers by enhancing the ability of the bank to provide efficiently a full range of commodity-related services. Approving Commodity Trading Activities for UBS also would enable the company to improve its understanding of physical commodity and commodity derivatives markets and its ability to serve as an effective competitor in physi cal commodity and commodity derivatives markets. UBS has established and maintains policies for monitor ing, measuring, and controlling the credit, market, settle ment, reputational, legal, and operational risks involved in its Commodity Trading Activities. These policies address key areas such as counterparty credit risk, value-at-risk methodology and internal limits with respect to commodity trading, new business and new product approvals, and identification of transactions that require higher levels of internal approval. The policies also describe critical inter nal control elements, such as reporting lines, and the fre quency and scope of internal audit of Commodity Trading Activities. The Board believes that UBS has integrated the risk management of Commodity Trading Activities into the bank’s overall risk management framework. Based on the above and all the facts of record, the Board believes that UBS has the managerial expertise and internal control framework to manage adequately the risks of taking and making delivery of physical commodities as proposed. In order to limit the potential safety and soundness risks of Commodity Trading Activities, as a condition of this order, the market value of commodities held by UBS as a result of Commodity Trading Activities must not exceed 5 percent of U BS’s consolidated tier 1 capital (as calcu lated under its home country standard ) . 11 UBS also must notify the Federal Reserve Bank of New York if the market value of commodities held by UBS as a result of its Commodity Trading Activities exceeds 4 percent of its tier 1 capital. In addition, UBS may take and make delivery only of physical commodities for which derivative contracts have been authorized for trading on a U.S. futures exchange by the Commodity Futures Trading Commission ( “ CFTC” ) (unless specifically excluded by the Board) or which have been specifically approved by the Board . 12 This require10. 12 U.S.C. § 1843(j). 11. UBS would be required to include in this 5 percent limit the market value of any commodities held by UBS as a result of a failure of its reasonable efforts to avoid taking delivery under section 225.28(b)(8)(ii)(B) of Regulation Y. 12. The particular commodity derivative contract that UBS takes to physical settlement need not be exchange-traded, but (in the absence o f specific Board approval) futures or options on futures on the commodity underlying the derivative contract must have been autho rized for exchange trading by the CFTC. The CFTC publishes annually a list of the CFTC-authorized com modity contracts. See Commodity Futures Trading Commission, Legal Developments ment is designed to prevent UBS from becoming involved in dealing in finished goods and other items, such as real estate, that lack the fungibility and liquidity of exchangetraded commodities. To minimize the exposure of UBS to additional risks, including storage risk, transportation risk, and legal and environmental risks, UBS may not: (i) own, operate, or invest in facilities for the extrac tion, transportation, storage, or distribution of com modities; or (ii) process, refine, or otherwise alter commodities. In conducting its Commodity Trading Activities, UBS will be expected to use appropriate storage and transportation facilities owned and operated by third parties . 13 UBS and its Commodity Trading Activities also remain subject to the general securities, commodities, and energy laws and the rules and regulations (including the anti-fraud and anti-manipulation rules and regulations) of the Securi ties and Exchange Commission, the CFTC, and the Federal Energy Regulatory Commission. Permitting UBS to engage in the limited amount and types of Commodity Trading Activities described above, on the terms described in this order, would not appear to pose a substantial risk to UBS, depository institutions, or the U.S. financial system generally. Through its existing authority to engage in Commodity Derivatives, UBS already may incur the price risk associated with commodi ties. Permitting UBS to buy and sell commodities in the spot market or physically settle Commodity Derivatives would not appear to increase significantly the organiza tion’s potential exposure to commodity price risk. For these reasons, and based on UBS’s policies and procedures for monitoring and controlling the risks of Commodity Trading Activities, the Board concludes that consummation of the proposal does not pose a substantial risk to the safety and soundness of depository institutions or the financial system generally and can reasonably be expected to produce benefits to the public that outweigh any potential adverse effects. Based on all the facts of record, including the representa tions and commitments made by UBS in connection with the notice, and subject to the terms and conditions set forth in this order, the Board has determined that the notice should be, and hereby is, approved. The Board’s determi nation is subject to all the conditions set forth in Regula tion Y, including those in section 225.7 (12 C.F.R. 225.7), and to the Board’s authority to require modification or FY 2002 Annual Report to Congress 124. With respect to granularity, the Board intends this requirement to permit Commodity Trading Activities involving all types of a listed commodity. For example, Commodity Trading Activities involving any type of coal or coal derivative contract would be permitted, even though the CFTC has authorized only Central Appalachian coal. 13. Approving Commodity Trading Activities as a complementary activity, subject to limits and conditions, would not in any way restrict the existing authority o f UBS to deal in foreign exchange, precious metals, or any other bank-eligible commodity. 217 termination of the activities of a BHC or any of its subsidi aries as the Board finds necessary to ensure compliance with, or to prevent evasion of, the provisions and purposes of the BHC Act and the Board’s regulations and orders issued thereunder. The Board’s decision is specifically conditioned on compliance with all the commitments made in connection with the notice, including the commitments and conditions discussed in this order. The commitments and conditions relied on in reaching this decision shall be deemed to be conditions imposed in writing by the Board in connection with its findings and decision and, as such, may be enforced in proceedings under applicable law. By order of the Board of Governors, effective Janu ary 27, 2004. Voting for this action: Chairman Greenspan, Vice Chairman Fergu son, and Governors Gramlich, Bies, Olson, Bernanke, and Kohn. R o b e r t d eV . F r ie r s o n Deputy Secretary o f the Board O rders Issued U nder Sections 3 and 4 o f the Bank H olding Com pany A ct Bank o f America Corporation Charlotte, North Carolina FleetBoston Financial Corporation Boston, Massachusetts Order Approving the Merger of Bank Holding Companies Bank of America Corporation, Charlotte, North Carolina ( “ Bank of America” ), a financial holding company within the meaning of the Bank Holding Company Act ( “ BHC A ct” ), has requested the Board’s approval under section 3 of the BHC Act (12 U.S.C. §1842) to merge with FleetBoston Financial Corporation, Boston, Massachusetts (“ FleetBoston” ), and to acquire FleetBoston’s subsidiary banks, Fleet National Bank, Providence, Rhode Island ( “ Fleet Bank” ), and Fleet Maine, National Association, South Portland, Maine ( “ Fleet M aine ” ) . 1 Bank of America also has filed notices under section 4(c)(13) of the BHC Act (12 U.S.C. § 1843(c)(13)), sections 25 and 25A of the Federal Reserve Act (12 U.S.C. §§601 et seq. and 611 et seq.), and the Board’s Regulation K (12 C.F.R. 211) to acquire certain foreign operations and the Edge Act subsid iaries of FleetBoston .2 1. Bank of America also proposes to acquire the nonbanking sub sidiaries of FleetBoston in accordance with section 4(k) of the BHC Act (12 U.S.C. § 1843(k)), including Fleet Bank (RI), National A sso ciation, Providence, Rhode Island ( “Fleet Bank (RI)” ), a nationally chartered credit card bank that is not considered a “bank” for pur poses of the BHC Act. 2. Bank of America and FleetBoston also have requested the Board’s approval to hold and exercise an option that allows Bank of America to purchase up to 19.9 percent of FleetBoston’s common stock and FleetBoston to purchase up to 19.9 percent of Bank of America’s common stock, if certain events occur. Both options would 218 Federal Reserve Bulletin □ Spring 2004 Bank of America, with total consolidated assets of approximately $736.5 billion, is the third largest commer cial banking organization in the United States, controlling approximately 7.4 percent of total assets of insured bank ing organizations in the United States . 3 Bank of America operates subsidiary depository institutions in 2 2 states and the District of Columbia, and it engages nationwide in numerous permissible nonbanking activities. FleetBoston, with total consolidated assets of approxi mately $201.5 billion, operates depository institutions in Connecticut, Florida, Maine, Massachusetts, New Hamp shire, New Jersey, New York, Pennsylvania, and Rhode Island. FleetBoston is the eighth largest commercial bank ing organization in the United States, controlling approxi mately 2 . 2 percent of total assets of insured banking orga nizations in the United States. It also engages in a broad range of permissible nonbanking activities nationwide. On consummation of the proposal, Bank of America would become the second largest commercial banking organization in the United States, with total consolidated assets of approximately $938 billion. The combined orga nization would operate under the name of Bank of America Corporation and control approximately 9.6 percent of total assets of insured banking organizations in the United States. Notice of the proposal, affording interested persons an opportunity to submit comments, has been published ( 6 8 Federal Register 65,070, 65,932, and 75,565 (2003)), and the time for filing comments has expired. The Board extended the initial period for public comment to accom modate the broad public interest in this proposal, providing interested persons more than 60 days to submit written comments. Because of the extensive public interest in the proposal, the Board held public meetings in Boston, Massachusetts, and San Francisco, California, to provide interested per sons an opportunity to present oral testimony on the factors that the Board must review under the BHC A ct .5 More than 180 people testified at the public meetings, and many of the commenters who testified also submitted written comments. In total, approximately 2200 individuals and organi zations submitted comments on the proposal through oral testimony, written comments, or both .6 Comments were submitted by organizations, individuals, and representa tives from several states where the companies operate. Commenters included members of Congress, state and local government officials, community groups, nonprofit organizations, customers of Bank of America and Fleet Boston, and other interested organizations and individuals. Commenters filed information and expressed views sup porting and opposing the merger. A large number of commenters supported the proposal and commended Bank of America and FleetBoston for their commitment to local communities and for their lead ership in community development activities. These com menters praised Bank of Am erica’s and FleetBoston’s records of providing affordable mortgage loans, invest ments, grants and loans in support of economic and com munity revitalization projects, and charitable contributions in local communities. Some commenters also noted favor ably the small business activities of both organizations, which included lending, educational seminars, and techni cal assistance. Many of the commenters also praised Bank of America’s nationwide $750 billion, 10-year community economic development plan ( “ Community Development Initiative” ) and stated that the plan would increase the availability of loans and investments to support community development and affordable housing activities. A large number of commenters opposed the proposal, requested that the Board approve the proposal subject to certain conditions, expressed concern about some aspect of the CRA performance of Bank of America or FleetBoston, or argued that the proposal might lead to a reduction in banking services in particular communities or regions of the country. Many of these commenters focused on Bank of America’s and FleetBoston’s records of lending to small businesses and minorities and in low- and moderateincome ( “LM I” ) and rural areas. A number of commenters from New England and other states currently served expire on consummation of the proposal by Bank of America to merge with FleetBoston. 3. Asset data are as of December 31, 2003, and have been adjusted to account for FleetBoston’s acquisition of Progress Financial Corp., Blue Bell, Pennsylvania ( “Progress” ), on February 1, 2004. National ranking data are as o f September 30, 2003. 4. Pub. L. No. 103-328, 108 Stat. 2338 (1994). 5. The Boston public meeting was held on January 14, 2004, and the San Francisco public meeting was held on January 16, 2004. 6. Comments included 1,400 identical e-mail messages from mem bers of an organization that expressed concerns about whether large bank mergers were good for consumers, 300 identical letters about the alleged involvement of a FleetBoston predecessor in the illegal slave trade, and more than 500 other comments on the proposal. Factors Governing Board Review o f the Transaction The BHC Act enumerates the factors the Board must consider when reviewing the merger of bank holding com panies or the acquisition of banks. These factors are the competitive effects of the proposal in the relevant geo graphic markets; the financial and managerial resources and future prospects of the companies and banks involved in the transaction; the convenience and needs of the communities to be served, including the records of perfor mance under the Community Reinvestment Act (12 U.S.C. §2901 et seq.) ( “ CRA” ) of the insured depository insti tutions involved in the transaction; and the availability of information needed to determine and enforce compliance with the BHC Act. In cases involving interstate bank acquisitions, the Board also must consider the concentra tion of deposits nationwide and in certain individual states, as well as compliance with other provisions of the R iegleNeal Interstate Banking and Branching Efficiency Act of 1994 ( “ Riegle-N eal A ct ” ) . 4 Public Comment on the Proposal Legal Developments by FleetBoston expressed concern that Bank of America might not serve the diverse credit needs of their local communities as well or might terminate relationships or programs that FleetBoston has developed to meet the credit needs of its communities, such as FleetBoston’s First Com munity Bank and the FleetBoston Foundation. In addition, many commenters criticized Bank of America’s Commu nity Development Initiative, stating that the initiative was not enforceable and did not provide specific lending com mitments for individual states or regions or for particular loan products or programs. Some commenters believed that the merger would reduce competition for banking services, substantially increase concentration in the banking industry, result in the loss of local control over lending and investment decisions, or exceed the nationwide deposit cap in the BHC Act. Other commenters expressed concern about Bank of America’s investment in mortgage-backed securities pools that include subprime loans, the potential adverse effects that might result from branch closings, the loss of a major financial institution headquartered in New England, or job losses. Some commenters expressed concerns about Bank of Am erica’s or FleetBoston’s managerial resources in light of certain lawsuits and investigations involving one or both companies and their securities and mutual fund affiliates. In evaluating the statutory factors under the BHC Act, the Board carefully considered the information and views presented by all commenters, including the testimony at the public meetings and the information and views submit ted in writing. The Board also considered all the informa tion presented in the applications, notices, and supplemen tal filings by Bank of America and FleetBoston; various reports filed by the relevant companies; publicly available information; and other reports. In addition, the Board reviewed confidential supervisory information, including examination reports on the bank holding companies and the depository institutions involved and information pro vided by other federal banking agencies, the Securities and Exchange Commission ( “ SEC” ), and the Department of Justice ( “ D O J” ). After a careful review of all the facts of record, and for the reasons discussed in this order, the Board has concluded that the statutory factors it is required to consider under the BHC Act and other relevant banking statutes are consistent with approval of the proposal. Interstate Analysis Section 3(d) of the BHC Act allows the Board to approve an application by a bank holding company to acquire control of a bank located in a state other than the bank holding com pany’s home state if certain conditions are met. For purposes of the BHC Act, the home state of Bank of America is North Carolina ,7 and FleetBoston’s sub7. See 12 U.S.C. § 1842(d). A bank holding company’s home state is the state in which the total deposits of all banking subsidiaries of such company were the largest on July 1, 1966, or the date on which the company became a bank holding company, whichever is later. 219 sidiary banks are located in Connecticut, Florida, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, and Rhode Island .8 The Board may not approve an interstate proposal under section 3(d) if the applicant controls, or upon consum mation of the proposed transaction would control, more than 1 0 percent of the total amount of deposits of insured depository institutions in the United States ( “ nationwide deposit cap” ). The nationwide deposit cap was added to section 3(d) when Congress broadly authorized interstate acquisitions by bank holding companies and banks in the Riegle-N eal Act. The intended purpose of the nationwide deposit cap was to help guard against undue concentrations of economic power .9 Although the nationwide deposit cap prohibits interstate acquisitions by a company that controls deposits in excess of the cap, it does not prevent a com pany from exceeding the nationwide deposit cap through internal growth and effective competition for deposits or through acquisitions entirely within the home state of the acquirer. Several commenters questioned whether the proposed acquisition would violate the nationwide deposit cap and presented differing views on how the deposit cap should be calculated. Some commenters challenged Bank of America’s computation of its pro forma share of total deposits in the United States provided in the application, suggested that the Board rely on the Summary of Deposits ( “ SOD” ) data collected annually by the Federal Deposit Insurance Corporation ( “ FD IC” ), or argued that certain geographies or types of deposits or types of institutions should be excluded from the calculations. As required by section 3(d), the Board has carefully considered whether Bank of America controls, or upon consummation of the proposed transaction would control, a total amount of deposits in excess of the nationwide deposit cap. Not all of the terms used in defining the nationwide deposit cap are specifically defined in the BHC Act. The Federal Deposit Insurance Act ( “ FDI A ct” ) con tains an identical nationwide deposit cap applicable to bank-to-bank mergers, and, consequently, many of the terms used in the nationwide deposit cap in the BHC Act refer to terms or definitions contained in the FDI Act. In particular, the BHC Act adopts the definition of “ insured depository institution” used in the FDI Act. The FDI A ct’s definition includes all banks (whether or not the institution is a bank for purposes of the BHC Act), savings banks and savings associations that are insured by the FDIC, and insured U.S. branches of foreign banks, as each of those terms is defined in the FDI A ct . 10 8. For purposes o f the Riegle-N eal Act, the Board considers a bank to be located in the states in which the bank is chartered or head quartered or operates a branch. See 12 U.S.C. §§ 1841(o)(4)-(7) and 1842(d)(1)(A) and (d)(2)(B). 9. See S. Rep. No. 102-167 at 72 (1991). 10. A number of commenters have asserted that deposits held by insured depository institutions in Puerto Rico and the U.S. territories should not be included in the deposit calculation because these areas are not “States.” The terms “State” and “United States” are not defined in the BHC Act. The Board believes that the term “United States” include the States, the District of Columbia, Puerto Rico, 220 Federal Reserve Bulletin □ Spring 2004 Section 3(d) also specifically adopts the definition of “ deposit” in the FDI A ct . 11 Each insured bank in the United States must report its total deposits in accordance with this definition on the institution’s Consolidated Report of Condition and Income ( “ Call Report” ). Each insured savings association must similarly report its total deposits on the institution’s Thrift Financial Report ( “ T FR ” ). Deposit data for FDIC-insured U.S. branches of foreign banks and Federal branches of foreign banks are obtained on the Report of Assets and Liabilities of U.S. Branches and Agencies of Foreign Banks ( “ RAL” ). These data are reported on a quarterly basis to the FDIC and are publicly available. The Call Report, TFR, and RAL reflect data based on the FDI A ct’s definition of “ deposit” and represent the best and most complete data reported by all insured deposi tory institutions in the United States. Consequently, the Board has relied on the data collected in these reports to calculate the total amount of deposits of insured depository institutions in the United States and the total amount of deposits held by Bank of America, both before and upon consummation of the proposed transaction, for purposes of applying the nationwide deposit cap in this case . 12 The Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, the islands formerly referred to as the Trust Territory of the Pacific Islands, and any territory of the United States. This definition o f “United States” is consistent with the purpose of the nationwide deposit cap. All banks operating in these areas are eligible for FDIC deposit insurance and are subject to the jurisdiction of the FDIC in the same manner as other FDIC-insured banks. If these areas are not included in the definition of “United States” for purposes of the nationwide deposit cap, an institution such as Bank of America could expand in these areas without limit, thereby increasing its control of FDIC-insured deposits. This definition is also consistent with the definition o f “United States” contained in the Board’s Regulation Y, which governs applications under section 3 of the BHC Act. 11. 12 U.S.C. § 1842(d)(2)(E) (incorporating the definition of “deposit” at 12 U.S.C. § 1813(/)). 12. Some commenters argued that the SOD collected by the FDIC should be used for applying the deposit cap to the proposal. SOD data disclose an institution’s deposits broken out by branch office. How ever, SOD data are not, and are not intended to be, an exact represen tation o f deposits as defined in the FDI Act. Rather, these data are intended to provide a useful proxy for the size of each institution’s presence in various banking markets primarily for the purpose of conducting examinations and performing competitive analysis in local banking markets. Consequently, SOD data require a variety of adjust ments, most o f which would be based on Call Report data, if SOD data are to be used to better approximate total deposits as defined in the FDI Act and the BHC Act. Moreover, SOD data are collected only once each year at the end of the second quarter, which means that the most recent SOD data provide an estimation of deposits held by institutions more than eight months ago. Call Report data, on the other hand, are collected each quarter, with the most recent data represent ing deposits as of December 31, 2003. Given the limitations of SOD data, the Board believes that Call Report data, rather than SOD data, provide a more complete and accurate representation of the amount of deposits held by the institutions involved in this transaction and in all insured depository institutions in the United States as of the date the Board has considered the proposal. A number o f commenters noted the Board’s past use of SOD data in concluding a proposal was within the R iegle-Neal Act’s nationwide deposit cap. See, e.g., Fleet Financial Corporation, 85 Federal Reserve Bulletin 747 (1999); NationsBank, 84 Federal Reserve items on the Call Report, TFR, and RAL used to calculate the total amount of deposits of insured depository institu tions in the United States are enumerated in Appendix A. These items, combined as explained in Appendix A, con form the data collected on the Call Reports and TFR as closely as possible to the statutory definition of deposits in the FDI Act and BHC Act. The Board has developed this formulation in consultation with the staff of the FDIC, which collects and uses these data for purposes of applying the same definition of deposits for deposit insurance pur poses and the nationwide deposit cap in the FDI Act. Based on the latest Call Report, TFR, and RAL data available for all insured depository institutions, the total amount of deposits of insured depository institutions in the United States is approximately $5.33 trillion. Also based on the latest Call Report, Bank of America (including all of its insured depository institution affiliates) controls depos its of approximately $394.8 billion and FleetBoston (including all of its insured depository institution affiliates) controls deposits of approximately $133.5 billion . 13 Bank of America, therefore, currently controls approximately 7.4 percent of total U.S. deposits. Upon consummation of the proposed transaction, Bank of America would control approximately 9.904 percent of the total amount of depos its of insured depository institutions in the United States. Thus, the Board finds that Bank of America does not now control, and upon consummation of the proposed transaction would not control, an amount of deposits that would exceed the nationwide deposit cap. Section 3(d) also prohibits the Board from approving a proposal if, on consummation of the proposal, the appli cant would control 30 percent or more of the total deposits of insured depository institutions in any state in which both the applicant and the organization to be acquired operate an insured depository institution, or such higher or lower percentage that is established by state law . 14 Bank of America would control less than 30 percent, and less than the appropriate percentage established by applicable state law, of total deposits of insured depository institutions in Florida and New York, the states in which Bank of America currently operates a bank or branch and would assume additional deposits on consummation o f the pro posal . 15 All other requirements of section 3(d) of the BHC Act also would be met after consummation of the pro Bulletin 858, 860 (1998) ( “NationsBank” ). In these proposals, the Board used information from the FDIC’s SOD reports as an approxi mation of nationwide deposits. To date, the largest concentration of nationwide deposits was approximately 8.1 percent (see NationsBank) and the use of SOD data was a sufficient first screen in light of these proposals’ clear compliance with the nationwide deposit cap. 13. FleetBoston’ s deposits include approximately $770 million in deposits held by Progress. 14. 12 U.S.C. § 1842(d)(2)(B)-(D). 15. On consummation, Bank of America would control less than 30 percent of total deposits in insured depository institutions in Florida. See Fla. Stat. ch. 658.295(8)(b) (2003). New York does not have a deposit cap applicable to this proposal, and Bank o f America currently does not control an insured depository institution in Con necticut, Massachusetts, Maine, New Hampshire, New Jersey, Penn sylvania, or Rhode Island. Legal Developments posal . 16 In view of all the facts of record, the Board is permitted to approve the proposal under section 3(d) of the BHC Act. Competitive Considerations Section 3 of the BHC Act prohibits the Board from approv ing a proposal that would result in a monopoly. It also prohibits the Board from approving a proposal that would substantially lessen competition in any relevant banking market unless the anticompetitive effects of the proposal are clearly outweighed in the public interest by the prob able effect of the proposal in meeting the convenience and needs of the community to be served . 17 The Board has carefully considered the competitive effects of the proposal in light of all the facts of record, including public com ments on the proposal. A number of commenters argued that the proposed merger would have adverse competitive effects. Many of these commenters expressed concern that large bank merg ers in general, or the proposed merger of Bank of America and FleetBoston in particular, would have adverse effects on competition nationwide. Some commenters also con tended that the proposed merger would result in higher fees and costs. To determine the effect of a proposed transaction on competition, it is necessary to designate the area of effec tive competition between the parties, which the courts have held is decided by reference to the relevant “ line of com merce” or product market and a geographic market. The Board and the courts have consistently recognized that the appropriate product market for analyzing the competitive effects of bank mergers and acquisitions is the cluster of products (various kinds of credit) and services (such as checking accounts and trust administration) offered by banking institutions . 18 Several studies support the conclu sion that businesses and households continue to seek this cluster of services . 19 Consistent with these precedents and 16. Bank o f America is adequately capitalized and adequately managed as defined in the R iegle-N eal Act. 12 U.S.C. § 1842(d)(1)(A). FleetBoston’s subsidiary banks have been in exist ence and operated for the minimum age requirements established by applicable state law. See 12 U.S.C. § 1842(d)(1)(B). All other require ments under section 3(d) o f the BHC Act also would be met on consummation of the proposal. 17. 12 U.S.C. § 1842(c)(1). 18. See Chemical Banking Corporation, 82 Federal Reserve Bulle tin 239 (1996) ( “Chemical” ) and the cases and studies cited therein. The Supreme Court has emphasized that it is the cluster of products and services that, as a matter of trade reality, makes banking a distinct line o f commerce. See United States v. Philadelphia National Bank, 374 U.S. 321, 357 (1963) ( “Philadelphia National” ); accord United States v. Connecticut National Bank, 418 U.S. 656 (1974); United States v. Phillipsburg National Bank, 399 U.S. 350 (1969) ( “Phillipsburg National” ). 19. Cole and Wolken, Financial Services Used by Small Busi nesses: Evidence from the 1993 National Survey o f Small Business Finance, 81 Federal Reserve Bulletin 629 (1995); Elliehausen and Wolken, Banking Markets and the Use o f Financial Services by Households, 78 Federal Reserve Bulletin 169 (1992); Elliehausen and Wolken, Banking Markets and the Use o f Financial Services by 221 studies, and on the basis of the facts of record in this case, the Board concludes that the cluster of banking products and services represents the appropriate product market for analyzing the competitive effects of this proposal. In defining the relevant geographic market, the Board and the courts have consistently held that the geographic market for the cluster of banking products and services is local in nature. The appropriate geographic markets for considering the competitive effects of this proposal are the four local banking markets in which the subsidiary banks of Bank of America and FleetBoston compete directly .20 Bank of America and FleetBoston both operate in the Metropolitan New York-New Jersey banking market, and in the Florida banking markets of West Palm Beach, Fort Pierce, and Sarasota .21 The Board has reviewed carefully the competitive effects of the proposal in each of these banking markets in light of all the facts of record. These considerations include the number of competitors that would remain in the markets, the relative share of total deposits in depository institutions controlled by Bank of America and FleetBoston in the markets ( “ market deposits ” ) , 22 the concentration level of market deposits and the increase in this level as measured by the Herfindahl-Hirschman Index ( “ H H I” ) under the Department of Justice Merger Guidelines ( “ DOJ Guide lines ” ) , 23 and other characteristics of the markets. Small- and Medium-Sized Businesses, 76 Federal Reserve Bulletin 726 (1990). 20. See Phillipsburg National; Philadelphia National, 374 U.S. at 357. See also, First Union Corporation, 84 Federal Reserve Bulletin 489 (1998); Chemical', and St. Joseph Valley Bank, 68 Federal Reserve Bulletin 673 (1982) ( “St. Joseph” ). In delineating the relevant geo graphic market in which to assess the competitive effects o f a bank merger or acquisition, the Board reviews population density; worker commuting patterns; the usage and availability of banking products; advertising patterns of financial institutions; the presence of shopping, employment, and other necessities; and other indicia o f economic integration and transmission of competitive forces among banks. See Crestar Bank, 81 Federal Reserve Bulletin 200, 201, n.5 (1995); Pennbancorp, 69 Federal Reserve Bulletin 548 (1983); and St. Joseph. 21. These markets are described in Appendix B. 22. Deposit and market share data are based on SOD reports filed as of June 30, 2003, and on calculations in which the deposits of thrift institutions are included at 50 percent. The Board has indicated previously that thrift institutions have become, or have the potential to become, significant competitors of commercial banks. See, e.g., M id west Financial Group, 75 Federal Reserve Bulletin 386 (1989); National City Corporation, 70 Federal Reserve Bulletin 743 (1984). Thus, the Board regularly has included thrift deposits in the calcula tion of market share on a 50 percent weighted basis. See, e.g., First Hawaiian, Inc., 77 Federal Reserve Bulletin 52 (1991). 23. Under the DOJ Guidelines, 49 Federal Register 26,823 (1984), a market is considered unconcentrated if the post-merger HHI is under 1000 and moderately concentrated if the post-merger HHI is between 1000 and 1800. The DOJ has informed the Board that a bank merger or acquisition generally will not be challenged (in the absence o f other factors indicating anticompetitive effects) unless the post-merger HHI is at least 1800 and the merger increases the HHI by more than 200 points. The DOJ has stated that the higher than normal HHI thresholds for screening bank mergers for anticompetitive effects implicitly rec ognize the competitive effects of limited-purpose lenders and other nondepository financial institutions. 222 Federal Reserve Bulletin □ Spring 2004 After consummation of the proposal, the Metropolitan New York-New Jersey banking market would remain unconcentrated, and the Fort Pierce, Sarasota, and West Palm Beach banking markets would remain moderately concentrated, as measured by the HHI . 24 Numerous com petitors would remain in each banking market. Consummation of the proposal would be consistent with Board precedent and the DOJ Guidelines in each of the banking markets. In addition, no agency has indicated that competitive issues are raised by the proposal. Based on these and all other facts of record, the Board concludes that consummation of the proposal is not likely to result in a significantly adverse effect on competition or on the con centration of banking resources in the four banking mar kets noted above or in any other relevant banking market. Accordingly, based on all the facts of record, the Board has determined that the competitive effects are consistent with approval of the proposal. Financial, Managerial, and Other Supervisory Factors Section 3 of the BHC Act requires the Board to consider the financial and managerial resources and future prospects of the companies and banks involved in the proposal and certain other supervisory factors. The Board has carefully considered the financial and managerial resources and future prospects of Bank of America, FleetBoston, and their respective subsidiary banks in light of all the facts of record. In reviewing the financial and managerial factors, the Board has considered, among other things, confidential reports of examination and other supervisory information received from the primary federal supervisors of the orga nizations involved and the Federal Reserve System’s confi dential supervisory information. In addition, the Board has consulted with the relevant supervisory agencies, including the Office of the Comptroller of the Currency ( “ O CC” ), which is the primary supervisor of Bank of America’s and FleetBoston’s banks, and the SEC. The Board also has considered publicly available financial and other informa tion on the organizations and their subsidiaries and all the information on the proposal’s financial and managerial aspects submitted by Bank of America and FleetBoston during the application process. The Board received several comments on the proposal criticizing the financial and managerial resources of Bank of America or FleetBoston and their respective subsidi aries .25 Some commenters questioned whether the Board 24. In the Metropolitan New York-New Jersey banking market, the HHI would increase 9 points to 983. The HHI would increase 35 points to 1,349 in the West Palm Beach banking market; remain unchanged at 1,259 in the Fort Pierce banking market; and increase 4 points to 1,252 in the Sarasota banking market. The effect of the proposal on the concentration of banking resources in each market is described in Appendix C. 25. More than 300 commenters expressed concern about accusa tions that a predecessor bank of FleetBoston financed slave trading allegedly conducted by one of its founders, after Congress outlawed the importation o f slaves. The Board has carefully reviewed its authority under the federal banking laws and the extent that the matters raised by commenters relate to the factors that the Board is and other federal agencies would have the ability to super vise the combined organization, or whether the combined organization would present special risks to the federal deposit insurance funds or the financial system in general. In addition, some commenters asserted that the Board should postpone consideration of the proposal in light of various investigations into certain investment banking, investment advisory, and corporate finance practices of Bank of America and its affiliates and should conduct its own inquiry into these m atters .26 In evaluating financial factors in expansion proposals by banking organizations, the Board consistently has consid ered capital adequacy to be an especially important fac tor .27 Bank of America and FleetBoston and their sub sidiary banks are well capitalized and would remain so on consummation of the proposal. The Board has considered that the proposed merger is structured as a share-for-share transaction and would not increase the debt service require ments of the combined company. The Board also has carefully reviewed other indicators of the financial strength and resources of the companies involved, including the earnings performance and asset quality of the institutions. In addition, the Board has considered the managerial resources of the entities involved and of the proposed combined organization. Bank of America, FleetBoston, and their subsidiary depository institutions are considered well managed overall . 28 The Board has considered the authorized to consider. The Board also notes that these concerns relate to instances that occurred more than 125 years ago and that have been the subject of substantial and repeated court proceedings. The Board believes that the matter primarily involves subjects of public concern that are not within the Board’s limited jurisdiction to adjudicate or do not relate to the factors that the Board may consider when reviewing an application or notice under the BHC Act. See Deutsche Bank AG, 85 Federal Reserve Bulletin 509 (1999); Union Bank o f Switzerland, 84 Federal Resei-ve Bulletin 684 (1998); Norwest Corporation, 82 Federal Reserve Bulletin 580 (1996). See also, Western Banc shares, Inc. v. Board o f Governors, 480 F.2d 749 (10th Cir. 1973). 26. Some commenters cited press reports about investigations into the mutual fund industry generally, and Bank of America’s mutual fund activities specifically, as well as structured financing transactions and other securities-related matters. As noted below, the Board has and will continue to consult with the SEC on these matters. The Board also received comments asserting that Bank of America, N.A., Char lotte, North Carolina ( “BA Bank” ), and other subsidiaries of Bank of America lack sufficient policies and procedures and other resources to prevent money laundering. The Board has reviewed confidential supervisory information on the policies, procedures, and practices of Bank of America to comply with the Bank Secrecy Act and has consulted with the OCC, the appropriate federal financial supervisory agency of BA Bank. Three commenters alleged that a predecessor institution of FleetBoston engaged in illegal tying in several loan transactions, and they criticized the behavior of FleetBoston’s coun sel in the ensuing litigation. The dispute involves several individual transactions that have been previously cited by the commenters. The Board and the OCC have the matter under review, and together they have sufficient supervisory authority to address any violation of law that may be determined. 27. See, e.g., First Union Corporation, 87 Federal Reserve Bulle tin 663, 688 (2001). 28. Several commenters from Hawaii requested that the Board postpone action on the proposal until Bank of America fulfills two “commitments” it made to state and local governments and com munity groups in 1994. See BankAmerica Corporation 80 Federal Legal Developments supervisory experience and assessments of management by the various bank supervisory agencies and the organiza tions’ records of compliance with applicable banking law. In addition, the Board has reviewed carefully the examina tion records of Bank of America and its subsidiary deposi tory institutions, including assessments of their risk man agement systems and other policies. Senior management of the combined organization would draw from the senior executives of Bank of America and FleetBoston based on the individual management strengths of each company. In this case, senior executives of the two companies have formed a transition team to plan and manage the integra tion of the bank holding companies and their subsidiaries. Bank of America and FleetBoston have had experience with large mergers and have indicated that they are devot ing significant resources to address all aspects of the merger process. The Board is monitoring the various federal and state investigations of Bank of America’s and FleetBoston’s securities-related activities that are being conducted by agencies and other authorities with jurisdiction over these matters and is consulting with the SEC and other relevant authorities. Bank of America has cooperated with all regu latory authorities and has conducted an internal investi gation into these matters. Importantly, Bank of America has demonstrated a willingness and ability to take actions to address concerns raised in these investigations, which include enhancing corporate governance capabilities, improving its monitoring of mutual fund operations, and providing more stringent disclosure requirements for structured-finance clients. The Board has broad supervisory authority under the banking laws to require Bank of America to take steps necessary to address deficiencies identified in these investi gations and examinations of Bank of America’s and Fleet Boston’s securities-related and other activities after these reviews have been completed. This authority is in addition to authority vested in the SEC and other agencies to take appropriate action to determine and address violations of applicable securities and other laws. The Board and other financial supervisory agencies have extensive experience supervising Bank of America, Fleet Boston and their subsidiary depository institutions, as well Reserve Bulletin 623, 628 (1994) ( “Liberty Bank” )', and NationsBank at 876. A commenter also asserted that Bank of America’s alleged failure to meet its Hawaii lending program “commitments” reflects adversely on its managerial resources and that the Board should take enforcement action. As also discussed below in considering the conve nience and needs factor, Bank of America’s public announcement of its Hawaii lending programs and goal for mortgage lending to Native Hawaiians on Hawaiian Home Lands was not a commitment to the Board and it is not enforceable by the Board. Bank of America has made progress toward meeting its announced lending goal and has represented that its assumptions for achieving the goal within the original time frame proved to be unrealistic because of unexpected complexities in the lending process and competition with other lend ers. Bank o f America recently affirmed its intent to complete the goal for mortgage lending on Hawaiian Home Lands and has announced steps to enhance its ability to meet that goal, including actions that have been coordinated with the State of Hawaii Department of Hawaiian Home Lands. 223 as other banking organizations that operate across multiple states or multiple regions. The Board has already instituted an enhanced supervisory program that permits the Board to monitor and supervise the combined organization effec tively on a consolidated basis. This program involves, among other things, continuous holding company supervi sion, including both on- and off-site reviews, of the com bined organization’s material risks on a consolidated basis and across business lines; access to and analyses of the combined organization’s internal reports for monitoring and controlling risks on a consolidated basis; and frequent contact with the combined organization’s senior manage ment. It also includes reviews of the policies and proce dures in place at the holding company for assuring compli ance with applicable banking, consumer, and other law s .29 Consistent with the provisions of section 5 of the BHC Act as amended by the G ram m -Leach-Bliley Act, the Board relies on the SEC and other appropriate functional regula tors to provide examination and other supervisory informa tion regarding functionally regulated subsidiaries in order that the Board can fulfill its responsibilities as holding company supervisor of the combined entity .30 Based on these and all the facts of record, including review of all the comments received , 31 the Board con cludes that considerations relating to the financial and managerial resources and future prospects of Bank of America, FleetBoston, and their respective subsidiaries are consistent with approval of the proposal. The Board also finds that the other supervisory factors that the Board must consider under section 3 of the BHC Act are consistent with approval. Convenience and Needs Considerations As previously discussed, section 3 of the BHC Act requires the Board to consider the effects of the proposal on the 29. Some commenters have questioned whether the securitization activities of Bank of America promote the origination of predatory loans. As described more fully below in footnote 35, the Board has considered the policies and programs in place at Bank of America to help ensure that the subprime loans it purchases and securitizes are in compliance with applicable state and federal consumer protection laws. 30. For additional information concerning the Board’s supervisory program for large, complex banking organizations, such as Bank of America, see Supervision o f Large Complex Banking Organizations, 87 Federal Reserve Bulletin 47 (2001). 31. Commenters also expressed concern about the following matters: (1) the number of minorities serving in Bank of America’s senior management, (2) whether Bank of America’s supplier diversity program is effec tively serving minority- and women-owned businesses, (3) Bank of America’s financing of various activities and projects worldwide that might damage the environment or cause other social harm, (4) Bank of America’s alleged opposition to legislation addressing “predatory” lending, and (5) interchange fees charged by Visa and Mastercard. These con tentions and concerns are outside the limited statutory factors that the Board is authorized to consider when reviewing an application under the BHC Act. See Western Bancshares. 224 Federal Reserve Bulletin □ Spring 2004 convenience and needs of the communities to be served and to take into account the records of the relevant insured depository institutions under the CRA. The CRA requires the federal financial supervisory agencies to encourage financial institutions to help meet the credit needs of local communities in which they operate, consistent with their safe and sound operation, and it requires the appropriate federal financial supervisory agency to take into account an institution’s record of meeting the credit needs of its entire community, including LMI neighborhoods, in evaluating bank expansionary proposals. The Board has carefully considered the convenience and needs factor and the CRA performance records of the subsidiary depository institu tions of Bank of America and FleetBoston, including pub lic comments on the effect the proposal would have on the communities to be served by the resulting organization. A. Sum m ary o f Public Com m ents on C onvenience and N eeds In response to the B oard’s request for public comment on this proposal, approximately 300 commenters submitted comments or testified at the public meetings in support of the proposal. These commenters generally commended Bank of America or FleetBoston for the financial and technical support provided to their community develop ment organizations or related their favorable experiences with specific programs or services offered by Bank of America. Many of these commenters also expressed their support for Bank of A m erica’s Community Development Initiative. Approximately 190 commenters submitted comments that expressed concern about the lending records of Bank of America or FleetBoston, recommended approval only if subject to conditions suggested by the commenter, or expressed concern about large bank mergers in general .32 Other commenters alleged that lending, customer service, and philanthropy have declined at Bank of America and FleetBoston after their previous mergers. Some com menters neither supported nor opposed the proposal, but provided information about Bank of A m erica’s and FleetBoston’s performance in their communities. Many of the commenters who opposed or expressed concern about the proposal alleged that Bank of America’s level of home mortgage lending to LMI or minority bor rowers or in LMI or predominantly minority communities was low in various parts of the country, including Califor nia and North Carolina. In addition, several commenters criticized FleetBoston’s home mortgage lending record. Some commenters alleged that Bank of America’s small 32. Several commenters contended that a greater risk exists that larger banking organizations may improperly share customer informa tion among affiliates. One commenter questioned FleetBoston’s proce dures for safeguarding accounts from unauthorized access, based on her experiences with the bank. This comment has been forwarded to the OCC, which is the primary federal regulator for Fleet Bank. Bank o f America has policies and procedures in place to address the sharing and safeguarding o f customer information. business lending in California or other markets was inad equate, particularly to businesses in LMI or predominantly minority com munities . 33 Several commenters criticized Bank of America’s general efforts toward small business lending, especially its level of lending to m icro enterprises .34 Several commenters criticized Bank of A merica’s due diligence with respect to its purchase and securitization of subprime loans .35 Other commenters expressed concern that Bank of Am erica’s corporate deci sions would not take into account the diversity and commu nity reinvestment needs of New England, California, or North Carolina. Some commenters expressed doubts that Bank of America would assign local representatives to its community reinvestment and development programs . 36 In addition, some commenters expressed concern that consummation of the proposal would result in branch closures in LMI or predominantly minority communities, or they criticized the percentage of Bank of America and FleetBoston branches in LMI areas. Many commenters asserted that Bank of America should augment the array or adjust the pricing of banking services that it provides, particularly to LMI individuals .37 Some commenters sug 33. Some commenters also criticized FleetBoston’s level o f small business lending for being too low. 34. These commenters defined a microenterprise as a business with five or fewer employees and less than $35,000 in capital. 35. Several commenters maintained that Bank o f America pur chases subprime loans and securitizes them without performing adequate due diligence to screen for “predatory” loans, and some commenters urged Bank o f America to adopt particular factors or methods for such screening. Several commenters also criticized Bank of America for its recent investment in a subprime lending company, Oakmont Mortgage Company, Woodland Hills, California ( “Oakmont”), after Bank of America had publicly announced that it would not originate subprime mortgage loans. None of these commenters, however, provided evidence that Bank of America had originated, purchased, or securitized “predatory” loans or otherw ise engaged in abusive lending practices. Bank of America provides warehouse lines of credit to, and purchases subprime mortgage loans from, subprime lenders through BA Bank, and securitizes pools of subprime mort gage loans. Bank of America has policies and procedures, including sampling loans in the pool, to help ensure that the subprime loans it purchases and securitizes are in compliance with applicable state and Federal consumer protection laws. It also conducts a due diligence review of firms from which it purchases subprime loans, and the loan servicer firms selected for each securitization, to help prevent the purchase and securitization o f loans that are not in compliance with applicable state and Federal consumer protection laws. As the Board previously has noted, subprime lending is a permissible activity and provides needed credit to consumers who have difficulty meeting conventional underwriting criteria. The Board continues to expect all bank holding companies and their affiliates to conduct their subprime-lending-related operations free of any abusive lending prac tices and in compliance with all applicable law, including fair lending laws. See Royal Bank o f Canada, 88 Federal Reserve Bulletin 385, 388 n.18 (2002). The Board notes that the OCC has responsibility for enforcing compliance with fair lending laws by national banks and that the Federal Trade Commission, Department of Housing and Urban Development ( “H U D ” ), and DOJ have responsibility for enforcing such compliance by nondepository institutions. 36. Other commenters expressed concern that Bank of America’s board of directors and senior management would not include local representation. 37. One commenter contended that Bank of America and FleetBoston have failed to serve the needs of LMI communities Legal Developments gested that Bank of America should provide more cultur ally sensitive retail banking services and hire more minori ties, including Native Americans. Several commenters contended that data submitted under the Home Mortgage Disclosure Act (12 U.S.C. § 2801 et seq.) ( “ HMDA” ) suggested that Bank of America and FleetBoston engaged in disparate treatment of minority individuals in home mortgage lending. Many commenters in several states criticized the terms of Bank of America’s recent Community Development Initiative. Other com menters criticized Bank of America’s performance under its previous community reinvestment pledges or its refusal to enter into or renew written agreements with their respec tive community groups. In addition, some commenters expressed concern about the loss of FleetBoston as an independent organization, which they contended had a better overall CRA perform ance record than Bank of America. B. CR A P erform ance E valuations As provided in the CRA, the Board has evaluated the convenience and needs factor in light of the appropriate federal supervisors’ examinations of the CRA performance records of the relevant insured depository institutions. An institution’s most recent CRA performance evaluation is a particularly important consideration in the applications pro cess because it represents a detailed, on-site evaluation of the institution’s overall record of performance under the CRA by its appropriate federal supervisor .38 Bank of America’s lead bank, BA Bank, received an “outstanding” rating at its most recent CRA performance evaluation by the OCC, as of December 31, 2001. Fleet Bank also received an “ outstanding” rating at its most recent CRA performance evaluation by the OCC, as of July 23, 2001. All other subsidiary banks of Bank of America and FleetBoston received either “ outstanding” or “ satisfactory” ratings at their most recent CRA perfor mance evaluations by the O CC .39 Bank of America stated that it would identify the best products and services currently offered by either Bank of America or FleetBoston and aim to make them available to all customers and that it has no current plans to discontinue any products or services of FleetBoston. adequately under the CRA because they have discontinued the deposit accounts o f check-cashing businesses. The Board previously addressed this allegation in its order approving the merger of FleetBoston and Summit Bancorp. FleetBoston Financial Corpora tion, 87 Federal Reserve Bulletin 252 (2001). Other commenters criticized Bank of America for extending loans to payday lenders. 38. See Interagency Questions and Answers Regarding Community Reinvestment, 66 Federal Register 36,620 and 36,639 (2001). 39. Bank o f America, National Association (USA), Phoenix, Ari zona, received a “satisfactory” rating, as of December 31, 2001; Fleet Bank (RI) received an “outstanding” rating, as of February 3, 2003. Fleet Maine is a limited-purpose bank that is not subject to the CRA. 225 C. CR A Perform ance o f BA Bank Overview As noted above, BA Bank received an overall “ outstand ing” rating for performance under the CRA .40 The bank also received an “ outstanding” rating under the lending test. Examiners commended BA Bank’s overall lending performance, which they described as demonstrating excel lent or good lending test results in all its rating areas. During the evaluation period, BA Bank originated more than 828,200 HMDA-reportable home mortgage loans, totaling more than $ 1 1 2 billion throughout its assessment areas 41 Examiners reported that rating areas in which the distribution of HMDA-reportable mortgage loans among areas of different income levels was good. In addition, examiners commended BA Bank for devel oping mortgage loan programs with flexible underwriting standards, such as its Neighborhood Advantage programs, and they reported that these programs assisted in meeting the credit needs of its assessment areas. The Neighborhood Advantage programs include the Neighborhood Advantage Zero Down loan product, which is tailored for LMI appli cants who have good credit histories but are unable to make a down payment. The Neighborhood Advantage Credit Flex program is another affordable mortgage prod uct tailored for LM I borrowers, or borrowers who live in low-income census tracts, who pay their bills on time but who do not have established credit histories. Although this product requires a 3 percent down payment, examiners reported that the borrower is required to contribute only one-third of the down payment and the remainder may be provided from “ gifts or other sources.” During the evaluation period, BA Bank originated more than 142,480 small business and small farm loans, totaling $12.4 billion, in its assessment areas 42 Examiners reported 40. At the time of the 2001 performance evaluation, BA Bank had 218 assessment areas, 34 of which received a fu ll-scop e review. The overall rating for BA Bank is a composite o f its state/multistate ratings. In the 2001 performance evaluation, examiners provided detailed narratives with respect to BA Bank’s performance in certain assessment areas examiners selected as “primary rating areas.” These areas represented 69 percent o f the bank’s deposits during the review period. Examiners determined that BA Bank’s primary rating areas were California, the Charlotte-Gastonia-Rock Hill (NC-SC) Multi state Metropolitan Statistical Area ( “Charlotte MSA” ), Florida, and Texas. The evaluation period was January 1, 2001, through Decem ber 31, 2001. 41. In BA Bank’s 2001 performance evaluation, home mortgage lending data included loans originated and purchased. 42. Commenters contended that BA Bank has a poor record of lending to small businesses, especially small businesses owned by women and minorities or operating in LMI areas. Commenters urged Bank of America to increase its small business lending in these communities. Bank o f America represented that, in 2002 and 2003, it was ranked as the number-one Small Business Administration ( “SBA” ) lender in terms of the number of loans originated nation wide. Bank of America represented that BA Bank also is a SBA “Preferred Lender” in every state where it has retail branches, which helps to ensure an accelerated application process for small business customers. According to the SBA, Bank of America’s average loan size is approximately $37,000, which is smaller than the average SBA 226 Federal Reserve Bulletin □ Spring 2004 that the bank’s small business lending was excellent or good in the majority of its rating areas. They also noted that the distribution of small business loans among busi nesses of different sizes was good in several of BA Bank’s assessment areas .43 Examiners noted that in many instances BA Bank origi nated community development loans in greater amounts than expected to achieve excellent perform ance .44 BA Bank originated more than 970 community develop ment loans, totaling $2.3 billion, in its assessment areas during the evaluation p erio d 45 Examiners reported that letters of credit originated by the bank contributed sig nificantly to BA Bank’s community development goals because these activities supported the creation of an addi tional 13,622 affordable homes. BA Bank received an “ outstanding” rating overall under the investment te s t 46 During the review period, the bank made more than 3,500 investments totaling $1.3 billion in the states in which it has a banking presence. Examiners reported that BA Bank consistently demonstrated strong investment test performance, noting that its performance was excellent or good in the majority of its assessment areas .47 Throughout its assessment areas, BA Bank funded loan, and it provides needed loans to businesses that have a more difficult time obtaining credit. 43. Florida was among BA Bank’s assessment areas cited by examiners as demonstrating excellent performance in the distribution o f small business and small farm loans among businesses and farms of different revenue sizes. 44. Some commenters expressed concern about Bank of America’s performance under its community development program for rural communities and Native Americans. Bank of America established the Rural 2000 Initiative in 1997 to increase its lending in rural LMI areas and communities with large Native-American populations. See NationsBank. Bank o f America represented that for the period 1999 through November 2003, it provided $28 billion for affordable housing, $9.1 billion for small business/small farm lending, $3.4 bil lion for consumer lending, and $466 million in economic development loans in these areas. Bank of America represented that between 2000 and 2003, it originated $120.8 million in loans to Indian Country (census tracts with a Native-American population of 50 percent or more) and it provided loans to improve the infrastructure on Native American lands. 45. In June 2003, Bank of America began a new nationwide loan program to support the construction of 15,000 new affordable housing units in the next three years. 46. Several commenters maintained that Bank of America should be required to donate a specified percentage of its pre-tax income to charities. Bank o f America represented that it has a record of provid ing significant corporate philanthropic donations in all the communi ties that it serves. One commenter also asserted that Bank of America allocates a disproportionate share of its charitable giving to health, education, and the arts and that its contributions to community devel opment are insufficient. The Board notes that neither the CRA nor the agencies’ implementing rules require that institutions engage in chari table giving. 47. One commenter asserted that Bank of America financially rewards community groups that comment or testify in support of Bank of America merger proposals and refuses to invest in or lend to organizations that oppose its merger proposals. The CRA does not authorize the Board to direct Bank of America’s community develop ment investment or lending activities to specific groups, individuals, or projects. more than 17,000 housing units for LMI families through its community development investm ents 48 Examiners commended BA Bank for taking a leadership role in devel oping and participating in complex investments that involved multiple participants and both public and private funding. In addition, examiners noted that BA Bank fre quently extended grants to assist organizations that are incapable of supporting additional debt or providing a sufficient investment return. Overall, BA Bank received a “ high satisfactory” rating under the service test .49 Examiners commended BA B ank’s service performance throughout its assessment areas .50 They reported that the bank’s retail delivery systems were generally good and that the bank’s distribution of branches among geographies of different income levels was ade quate .51 Examiners also commended BA Bank for its com munity development services, which typically responded to the needs of the communities the bank served through out its assessment areas. 48. Bank of America also has provided grants to nonprofit organi zations, such as ACCION and the New M exico Community D evel opment Loan Fund, that originate microloans starting at $500 and promote SBA programs. 49. Several commenters in California and other locations criticized BA Bank for not providing low-cost money orders, and they criticized its basic checking account as ill-suited for LMI customers. BA Bank offers the “My A ccess” account, which features a low opening deposit of $25 and free checking with direct deposit. Other comment ers urged Bank of America to offer specific services, such as Interest on Lawyer Trust Accounts at certain rates. Bank of America stated that no decisions have been made at this time about the products and services to be offered after the merger. As previously noted, Bank o f America has represented that it would identify the best products and services offered by either organization and proposes to make them available to customers throughout the franchise. Although the Board has recognized that banks can help to serve the banking needs of communities by making certain products or services available on certain terms or at certain rates, the CRA neither requires an institu tion to provide any specific types of products or services nor pre scribes the costs charged for them. 50. Some commenters criticized Bank of America for charging recipients of public assistance fees to access their electronic benefits at Bank of America ATMs. Bank of America represented that it offers Electronic Transfer Accounts ( “ETAs” ) through a program with the Department of the Treasury and that it does not impose fees on its ETA customers for accessing their benefits through that program at Bank of America ATMs. In addition, Bank of America stated that it offers electronic benefit transfer accounts ( “EBTAs” ) through pro grams with state and local governments. Under current Bank of America policy, EBTA customers are assessed a standard ATM sur charge to access their cash benefits at Bank of America ATMs except in Illinois. Bank of America is in the process of evaluating its current practices as part of its review of products and services offered by both organizations in light of the fact that FleetBoston does not impose ATM access fees for participation in EBTAs. Although the Board has recognized that banks help to serve the banking needs of their commu nities by making basic banking services available at a nominal or no charge, the CRA does not require that banks limit the fees charged for services. 51. Several commenters alleged that mergers have had a negative impact on the retail banking services provided by Bank of America and FleetBoston to minorities and LMI individuals in several states, including California, New Jersey, New York, North Carolina, Rhode Island, and Georgia. Legal Developments California 1. Lending Test. In California, BA Bank received an “ out standing” rating under the lending test .52 Examiners described the bank’s lending in the full-scope California assessment areas as reflecting excellent responsiveness to the credit needs of these communities. During the evalua tion period, BA Bank originated more than 264,100 HMDA-reportable home mortgage loans totaling almost $46 billion in the California assessment areas. Examiners commended BA Bank for its distribution of home mortgage loans among geographies of different income levels and for offering bankwide flexible lend ing programs and innovative lending products during the evaluation period. Examiners reported that, in the Los A ngeles-Long Beach and San Francisco MSAs, the proportion of BA Bank’s home purchase and refinance loans originated to borrowers in LMI census tracts approxi mated or exceeded the percentage of owner-occupied units in those areas, and the bank’s market share of such loans in LMI census tracts approximated or exceeded the bank’s overall market share of those types of loans in the MSAs. In addition, examiners noted that its market share of home purchase and refinance loans originated to LMI borrowers generally exceeded the bank’s overall market share of those types of loans in the Los Angeles-Long Beach MSA. In the San Francisco MSA, the bank’s market share of home purchase loans originated to LMI borrowers was less than the bank’s overall market share of such loans within the MSA, but its market share of refinance loans originated to LMI borrowers approximated or exceeded its overall market share of such loans in the MSA. Since the 2001 performance evaluation, BA Bank has maintained a substantial level of home mortgage lending. It originated more than 220,890 HMDA-reportable home mortgage loans in California, totaling almost $60 billion, in 2 0 0 2 . 53 During the evaluation period, BA Bank originated more than 51,300 small loans to businesses ,54 totaling $3.5 billion, in its California assessment areas. In the Los Angeles-Long Beach MSA, the percentage of BA Bank loans to small businesses exceeded the percentage of those businesses in the MSA. Examiners reported that the bank’s geographic distribution of small loans to businesses in the Los Angeles-Long Beach and San Francisco MSAs was excellent. They noted that the number of BA Bank’s small loans to businesses in LMI areas represented 32 percent of its total number of such loans in the Los A ngeles-Long Beach MSA and more than 34 percent 52. Approximately 34 percent of BA Bank’s total bank deposits were in California during the evaluation period. In evaluating BA Bank’s California assessment areas, examiners conducted full-scope reviews in the Los A ngeles-Long Beach and the San Francisco MSAs. The bank’s other California assessment areas received limitedscope reviews. 53. BA Bank’s 2002 HMDA-reportable loan data are for origina tions and purchases in the MSA portions of its assessment areas only. 54. In this context, “small loans to businesses” are loans with original amounts totaling $1 million or less, and “ small businesses” are businesses with annual revenues of $1 million or less. 227 of its total number of such loans in the San Francisco MSA. The majority of the bank’s small loans to businesses in the Los Angeles-Long Beach and San Francisco MSAs were originated to small businesses. Since the 2001 performance evaluation, BA Bank has continued to originate a significant number of small loans to businesses. In 2002, it originated more than 9,300 small loans to businesses in California, totaling more than $1 billion. Bank of America noted that, in 2002 and 2003, more than 30 percent of its total number of governmentguaranteed small loans to businesses were made in California. Examiners reported that BA Bank’s community devel opment lending had a positive impact on its lending per formance in the state. The bank originated more than 250 community development loans, totaling more than $685 million, in its California assessment areas during the evaluation period. Examiners also noted that BA Bank originated 67 community development loans, totaling almost $135 million, in the Los Angeles-Long Beach M SA .55 These loans supported affordable housing projects that created more than 1,000 LMI housing units. In the San Francisco MSA, BA Bank originated 15 community development loans, totaling $42.8 million, which provided 300 housing units for LMI households. BA Bank has continued to originate a substantial amount of community development loans in California since the 2001 performance evaluation. Bank of America repre sented that BA Bank originated 150 community develop ment loans in California, totaling $588 million, as of the third quarter of 2003. These community development loans included a $ 1 0 . 2 million loan in 2 0 0 2 that funded the construction of an affordable housing development in the San Jose, California, MSA, and a $29 million loan in 2003 that funded the demolition of 8 6 units of public housing and the construction of 180 new units of affordable apart ments for LMI families in the Oakland M SA .56 2. Investment Test. BA Bank received an “ outstanding” rating under the investment test in the California assess ment areas. In the Los A ngeles-Long Beach and San Francisco MSAs, BA Bank made more than 300 community development investments, totaling approxi mately $219 million, during the review period, the major ity of which supported the development o f affordable hous ing. The bank also invested $31.6 million in Qualified Zone Academy Bonds ( “ QZABs” ), which are issued in conjunction with a federal program designed to help strengthen schools serving large concentrations of lowincome families. 55. Some commenters urged Bank of America to provide addi tional financing for the construction of multifamily homes in LMI areas, particularly in California and Connecticut. These commenters also encouraged Bank o f America to participate with more nonprofit affordable housing developers. 56. Bank o f America represented that its affordable housing lend ing and investing also has increased from $9 billion in 1999 to $26.4 billion in 2003. 228 Federal Reserve Bulletin □ Spring 2004 1. Lending Test. BA Bank originated more than 42,500 HMDA-reportable home mortgage loans in its North Caro lina assessment areas and the Charlotte MSA assessment area (collectively, “ combined North Carolina assessment areas” ), totaling more than $5 billion, during the review period. Examiners reported that BA Bank’s lending levels reflected good responsiveness to the credit needs in the Charlotte MSA and excellent responsiveness in the other North Carolina assessment areas. They found that the distribution of BA Bank’s loans among geographies was good throughout its assessment areas. In particular, exam iners noted that the proportion of BA B ank’s home purchase and refinance loans made to borrowers in lowincome geographies approximated or exceeded the percent age of owner-occupied units in those areas in the Charlotte MSA, and that the bank’s market share of such loans in low-income geographies generally exceeded the bank’s overall market share of such loans in the MSA. In addition, examiners found that the distribution of BA Bank’s loans among borrowers of different income levels was good in the Charlotte MSA and that such distribution was adequate in the other North Carolina assessment areas. Examiners noted, however, that the bank’s lending performance was excellent in the Greensboro MSA, including good geo graphic and borrower distribution of home mortgage loans. Examiners also particularly commended BA Bank’s perfor mance in the Asheville MSA as excellent and noted that it exceeded the bank’s overall performance in North Carolina because of a more favorable distribution of loans among geographies of different income levels. Since the 2001 performance evaluation, BA Bank has maintained a significant level of home mortgage lending in North Carolina, originating more than 20,000 HMDAreportable loans that totaled more than $3 billion in its North Carolina assessment areas in 2002 .58 BA Bank origi nated more than 9,000 HMDA-reportable loans during 2002 in the Charlotte MSA, totaling $1.4 billion. During the evaluation period, BA Bank originated more than 4,840 small loans to businesses, totaling more than $609 million, in its combined North Carolina assessment areas. Almost 1,500 of these loans, totaling $196.3 million, were originated to businesses in the Charlotte MSA. Exam iners noted that the borrower distribution of BA Bank’s small loans to businesses in the Charlotte MSA and Greensboro MSA was good during the evaluation period. They reported that the number of small loans to businesses in LMI areas in the Charlotte MSA represented more than 32 percent of the small loans to businesses originated in the MSA. Since the 2001 performance evaluation, BA Bank has continued to provide substantial amounts of small loans to businesses in North Carolina. In 2002, BA Bank originated 1,334 small loans to businesses, totaling more than $288 million, in North Carolina .59 In addition, Bank of America represented that BA Bank extended the largest number of SBA loans in North Carolina for the fifth consecutive year in 2003. Examiners reported that BA Bank’s community devel opment lending had a significant positive impact on the bank’s overall performance throughout the state. BA Bank originated 25 community development loans, totaling more 57. As previously noted, the examiners conducted a full-scope review o f the Charlotte MSA, which includes a portion of South Carolina. In the rest of North Carolina, examiners conducted a fullscope review o f the Greensboro-Winston-Salem-High Point MSA ( “Greensboro MSA” ) and limitedscope reviews in the Asheville, Fayetteville, Goldsboro, Greenville, Hickory-Morganton-Lenoir, Jacksonville, Raleigh-Durham-Chapel Hill, and Wilmington MSAs. 58. These 2002 statewide data represent HMDA-reportable loans originated and purchased by BA Bank in the MSA portions of its assessment areas in North Carolina. 59. BA Bank’s small business lending data for 2002 represent small business loans originated by BA Bank in its North Carolina assessment areas, including the North Carolina portions of the Char lotte MSA. Since the 2001 performance evaluation, BA Bank has continued its strong community development investment activity in California. Bank of America represented that BA Bank made more than 160 qualified investments in California totaling, $125 million in 2002, and more than 1 1 0 qualified investments totaling $170 million, as of the third quarter of 2003. These investments in 2002 and 2003 included a $2.9 million investment in an affordable hous ing project in the Bakersfield, California, MSA and a $17 million investment to complete an affordable housing project providing 179 units for LMI families in the Oak land MSA. 3. Service Test. BA Bank received a “ high satisfactory” rating under the service test in its California assessment areas. BA Bank operated 950 branches and more than 3,600 ATMs in California during the evaluation period. Examiners found that alternative delivery systems, such as electronic banking and telephone, improved access to retail banking services particularly by LMI individuals. In addi tion, examiners found that BA Bank’s distribution of branches in LMI census tracts in the Los Angeles-Long Beach and San Francisco MSAs was reasonable in light of the percentage of the population residing in those geog raphies. Examiners also commended BA Bank for its community development services in the Los A ngelesLong Beach MSA during the review period, noting that the institution provided technical assistance to 57 organiza tions that pursued a variety of initiatives designed to assist LMI individuals and communities. North Carolina and Charlotte MSA Bank of America and BA Bank are headquartered in the Charlotte MSA. In evaluating BA Bank’s CRA perfor mance in North Carolina, the OCC reviewed and rated the Charlotte MSA separately from the bank’s performance in the rest of the state because it is a multistate M SA .57 Under the lending test, BA Bank received an “ outstanding” rat ing in the Charlotte MSA and a “ high satisfactory” rating in North Carolina. Legal Developments than $238 million, in its combined North Carolina assess ment areas during the review period .60 They noted that the majority of the bank’s community development lending in the Charlotte MSA supported affordable housing projects. In addition, examiners reported that more than 1,000 hous ing units for LMI families were created as a result of BA Bank’s community development lending activities in the Charlotte MSA during the evaluation period. Since the 2001 performance evaluation, BA Bank has continued to engage in a substantial level of community development lending in North Carolina. Bank of America represented that BA Bank originated 46 community devel opment loans, totaling more than $480 million, from 2001 through the third quarter of 2003 in the combined North Carolina assessment areas. These community development loans in 2002 and 2003 included a $4.3 million loan in the Greensboro MSA that provided 145 units of affordable housing, a $2 million loan that provided 50 units of hous ing for LMI families in Havelock, North Carolina, and a $37 million loan to finance a 336-unit affordable housing project in the Charlotte MSA that replaced 229 public housing units. In addition to providing 112 additional hous ing units for LMI families, this new housing development in the Charlotte MSA would include space for after-school childcare and computer classes. 2. Investment Test. BA Bank received an “ outstanding” rating in its North Carolina assessment areas, but a “ low satisfactory” rating in the Charlotte MSA, under the invest ment test. Examiners noted that the bank’s volume of community development investments reflected an excellent level of responsiveness to the needs of its North Carolina assessment areas. BA Bank made more than 100 qualified investments in its combined North Carolina assessment areas, totaling more than $40 million, during the evalua tion period that provided more than 500 housing units to LMI families. These community development invest ments included two Low-Income Housing Tax Credits ( “ LIHTCs” ), totaling $4.4 million, that provided more than 85 units of housing for LMI families in the Greens boro MSA and more than $18 million in investments that included projects creating more than 425 housing units for LMI households in the Charlotte M SA .61 Examiners reported that BA Bank’s other community development investments included contributions to local or regional organizations that provide community development, hous- 60. Two commenters asserted that Bank of America has only one community development officer serving North Carolina and South Carolina. Bank o f America represented that seven associates from its Community Development Banking Group serve the needs of North Carolina and South Carolina. 61. One commenter criticized Bank of America’s support of two Hope IV housing projects in Charlotte. One project provided a mix of public housing, low-income, and market-rate tenants and homeown ers. Bank o f America represented that its decisions regarding this project were made in concert with the Charlotte Housing Authority under HUD guidelines and that its involvement in the other project was very limited. As noted above, examiners reported that BA Bank engaged in numerous community development projects. 229 ing, and financial services to LMI areas and individuals or funding for small business development. BA Bank has continued its considerable level of com munity development investments in North Carolina since the 2001 performance evaluation. Bank of America repre sented that BA Bank originated 62 community devel opment investments totaling $63 million, as of the third quarter of 2003. BA Bank’s community development investments made in 2002 and 2003 included an LIHTC to complete an affordable housing project in an LMI neigh borhood in the Raleigh MSA. 3. Service Test. Under the service test, BA Bank received an “ outstanding” rating in the Charlotte MSA and a “ high satisfactory” rating in North Carolina. Examiners reported that BA Bank operated 208 branches and 292 ATMs in the combined North Carolina assessment areas during the review period. In the Charlotte MSA, approximately 7 per cent of the bank’s branches were in low-income census tracts, which exceeded the percentage of the population living in such areas. In addition, more than 15 percent of the bank’s branches were in moderate-income census tracts in the Charlotte MSA, which almost equaled the percent age of the population living in those areas. Examiners also reported that BA Bank’s branch accessibility to LMI geog raphies was excellent in the Greensboro MSA. Examiners also commended BA Bank for its community development services in the Charlotte MSA. These ser vices included technical assistance to organizations provid ing community development, housing, and financial ser vices to LMI individuals during the evaluation period. D. CR A Perform ance o f Fleet Bank 1. Lending Test. As previously noted, Fleet Bank received an overall “ outstanding” rating for CRA performance from the OCC, as of July 23, 2001 .62 Fleet Bank also received an “ outstanding” rating overall and under the lending test in the Boston M A -N H Multistate MSA ( “ Boston MSA” ), which represented the largest share of the bank’s deposits during the evaluation period .63 During this period, Fleet Bank originated more than 216,900 HM DA-reportable 62. The evaluation period was January 1, 1998, through Decem ber 31, 2000; community development loans and qualified invest ments were considered from January 1, 1998, through June 30, 2001. In the 2001 performance evaluation, Fleet Bank’s home mortgage lending data included loans originated and purchased. Fleet Bank requested that the OCC consider the loans, investment, and services originated or purchased by Fleet Mortgage Company, Fleet Develop ment Ventures, BankBoston Development Company, Fleet CDC, Fleet Securities, and BankBoston Capital as part of the bank’s CRA-related performance. Examiners noted that Fleet Bank merged with other institutions, including BankBoston, during the evaluation period. They also noted that, in connection with the merger with BankBoston in 1999, FleetBoston was required to divest 306 branches. 63. Fleet Bank also received “outstanding” overall ratings in New York; the multistate MSAs o f Lawrence M A-NH ; New LondonNorwich CT-RI; and Providence-Fall River RI-M A ( “Providence MSA” ). Fleet Bank received “ satisfactory” overall ratings in Con necticut, Florida, Maine, Massachusetts, New Hampshire, New Jersey, and the Portsmouth-Rochester NH -M E Mulitistate MSA. 230 Federal Reserve Bulletin □ Spring 2004 loans in its assessment areas, totaling more than $ 2 2 bil lion. These loans included more than 28,500 HMDAreportable loans, totaling $3.5 billion, in the Boston MSA and more than 10,690 home mortgage loans in the Provi dence MSA, totaling more than $950 million .64 In addition, examiners reported that Fleet Bank originated 23,750 home mortgage loans, totaling $2.5 billion, in Connecticut and more than 66,840 home mortgage loans in New York, totaling $6.5 billion. They commended Fleet Bank for the excellent overall geographic and borrower distribution of its home mortgage lending throughout its assessment areas. In addition, examiners found that Fleet Bank’s home pur chase loans originated to LMI borrowers in LMI census tracts generally exceeded the bank’s overall market share of such loans. They also noted that the opportunities for lending in LMI areas in several areas were limited because of the low percentage of owner-occupied units in those census tracts .65 Examiners commended Fleet Bank for developing flex ible lending products and programs such as LMI Equity Loans, which are home equity products tailored for LMI borrowers or borrowers living in LMI areas, and Fleet Affordable Advantage, a program which offers home mortgages that feature a low down payment, no mortgage insurance, and no origination fee. In addition, they reported that Fleet Bank participated in several governmentsponsored programs that offered flexible underwriting for home mortgages through secondary market providers. In partnership with four state mortgage financing agencies (Rhode Island, New Hampshire, New York, and New Jer sey), Fleet Bank also originated loans through the Jumpstart program to cover down payment and closing costs at the time the agencies originated the first mortgage loans. Fleet Bank also offered flexible home mortgage loan prod ucts through the Massachusetts Soft Second Program, which features a below-market interest rate, no points, and no mortgage insurance .66 During the evaluation period, Fleet Bank originated more than 49,290 small loans to businesses, totaling more than $4 billion. Examiners reported that these loans included more than 10,700 small loans to businesses in the Boston MSA, totaling $811 million, and more than 4,000 small loans to businesses in the Providence MSA, totaling almost $400 million .67 They also reported that Fleet Bank originated more than 6,900 small loans to businesses in 64. Some commenters asserted that FleetBoston has neglected the lending and community reinvestment needs of Rhode Island because of its recent acquisitions and mergers. 65. These areas included the Boston, Albany-Schenectady, and Nassau-Suffolk MSAs. Examiners also noted that in the New York City MSA, housing affordability is a significant issue and housing is not generally affordable without a subsidy, even for middle-income borrowers. 66. Several commenters urged Bank of America to participate in the Massachusetts Soft Second program after it acquires FleetBoston. Other commenters suggested that Bank of America should continue FleetBoston’s membership in the Federal Home Loan Bank of Boston and establish a Massachusetts community advisory board. 67. Examiners noted that, based on its volume of lending, Fleet Bank was recognized as the number-one SBA lender in 2000. Connecticut, totaling more than $560 million, and more than 12,640 small loans to businesses in New York, total ing more than $1.2 billion. Examiners noted, however, that the bank’s market share of loans to small businesses was less than its overall market share of small loans to busi nesses in the Boston MSA. Examiners commended the bank for its excellent geographic distribution of loans to small businesses in the Hartford MSA. They reported that Fleet Bank also participated in government-sponsored pro grams offering flexible underwriting for small businesses through the SBA. Examiners particularly commended Fleet Bank for its high level of community development lending throughout its assessment areas. They described Fleet Bank’s com mu nity development lending as focused on assisting the devel opment of affordable housing and promoting economic development to revitalize LMI areas in its assessment areas. During the review period, Fleet Bank originated more than 460 community development loans, totaling more than $1 billion, in its assessment areas. Examiners reported that Fleet Bank originated 76 community develop ment loans in the Boston MSA, totaling $602 million, and 30 loans in the Providence MSA, totaling almost $36 mil lion. They also reported that Fleet Bank originated almost 60 community development loans in Connecticut, totaling more than $147 million, and more than 190 loans in the State of New York, totaling more than $680 million. These community development loans included a $3.1 million commercial real estate loan to finance the renovation of a building in an empowerment zone and multiple lines of credit ranging from $15 million to $44 million, which facilitated LIHTC activities by provid ing interim funding, in the Boston MSA. In the Providence MSA, the bank made a $3.1 million loan to fund the rehabilitation of an inactive factory building as part o f a neighborhood revitalization plan in a low-income area. Examiners also reported that Fleet Bank originated a $14 million community development loan to finance the comprehensive revitalization of a low-income area in the Hartford MSA and a $25 million loan to finance the rehabilitation of a major apartment, condominium, and commercial complex in the Parkchester section of the Bronx. 2. Investment Test. Fleet Bank received an “ outstanding” rating under the investment test. During the evaluation period, Fleet Bank made more than 2,400 community development investments in its assessment areas, totaling more than $870 million. Examiners reported that Fleet Bank made more than 350 qualified investments, totaling $22.4 million, in the Boston MSA and 115 investments in the Providence MSA, totaling more than $28 million. They also reported that the bank made more than 350 commu nity development investments in Connecticut, totaling more than $42 million, and 887 investments in New York, totaling more than $120 million. These community devel opment investments included a $ 2 million investment to fund an affordable housing organization’s develop ment activities in the Boston MSA; an LIHTC in Bristol, Legal Developments Rhode Island, totaling almost $ 6 million; and five LIHTCs, totaling $11 million, in the Hartford MSA. Examiners reported that the bank’s community development invest ments have had a positive impact on the Boston MSA and they commended the bank’s investment activities as dem onstrating complexity, leadership, flexibility, or creativ ity .68 In addition, examiners noted that the bank’s commu nity development investment activities were excellent in the Providence MSA and good in Connecticut and New York. 3. Service Test. Fleet Bank received an “ outstanding” rating under the service test overall and in the Boston MSA. Examiners reported that Fleet Bank offered a full range of banking services at its branches and that its branch offices and delivery systems provided access to financial products and services for consumers of different income levels . 69 They noted that Fleet Bank offered specific products designed for LMI individuals and LMI areas .70 These products included a checking account, savings account, and unsecured installment loan that feature low monthly fees and no minimum balance. Fleet Bank also offered an electronic transaction account to provide lower cost banking options to individuals receiving federal bene fits and to those who have not historically had bank accounts. Examiners commended Fleet Bank for being the first major bank in the Northeast to offer the electronic transaction account, which they described as supporting the bank’s commitment to serve LMI individuals while focusing on underserved customers. Fleet Bank also offered the “ First Community Bank” line of products and services designed for small businesses in LMI urban areas. In addition, examiners noted that Fleet Bank’s community development services included first-time homebuyer, small business, money management, and basic banking seminars. E. H M D A D ata and Fair Lending Record The Board also has carefully considered the lending records of Bank of America and FleetBoston in light of comments on HMDA data reported by their subsidiaries .71 68. One commenter criticized FleetBoston’s loans to redevelop certain areas in Rhode Island as detrimental to LMI communities. These loans provided financing for market-rate housing to help revital ize and stabilize certain LMI communities in the state. 69. One commenter criticized FleetBoston for delaying the open ing o f a mortgage loan center in South Providence. FleetBoston has opened the lending center to serve this area. 70. One organization expressed concerns about FleetBoston’s branch distribution in LMI and predominantly minority areas in Philadelphia, Pennsylvania. FleetBoston entered the Philadelphia area in 2001 through its acquisition of Summit Bancorp, Princeton, New Jersey. FleetBoston proposes to open one de novo branch in Philadel phia in 2004 in a predominantly minority census tract. Through its recent acquisition of Progress, FleetBoston has acquired another branch in a predominantly minority census tract in the Philadelphia MSA. By the end o f 2004, FleetBoston had planned to increase its branches in LMI areas in the Philadelphia MSA from 15 to 21. 71. The Board analyzed 2001 and 2002 HMDA data for BA Bank and Fleet Bank. The Board reviewed HMDA-reportable loan origina tions for various MSAs individually, as well as for the metropolitan 231 The 2002 HMDA data indicate that Bank of Am erica’s percentage of total HMDA-reportable loan originations to borrowers in minority census tracts 72 generally was compa rable with or exceeded that of lenders in the aggregate in the areas reviewed .73 Although Bank of A m erica’s denial disparity ratios 74 for African-American applicants gener ally were comparable with those ratios for lenders in the aggregate for total HMDA-reportable loans in the areas reviewed, its denial disparity ratios for Hispanic applicants generally were less favorable than those ratios for lenders in the aggregate. However, the 2002 data indicate that, in the majority Bank of A m erica’s statewide assessment areas, the bank’s percentage of total HMDA-reportable loans originated to Hispanic applicants exceeded the per centage for the aggregate of lenders. These data also indi cate that the bank’s percentage of total HMDA-reportable loans originated to African Americans also exceeded or was comparable with the percentage for the aggregate of lenders in the majority of BA Bank’s statewide assessment areas. The 2002 HMDA data indicate that FleetBoston’s per centage of total HMDA-reportable loan originations to borrowers in minority census tracts generally exceeded or was comparable with the aggregate lenders’ percentage in the states where the bank operated. In addition, the bank’s denial disparity ratios for African-American and Hispanic applicants generally were slightly higher than or compa rable with those ratios for lenders in the aggregate for HMDA-reportable loans in the markets reviewed. Although the HMDA data may reflect certain disparities in the rates of loan applications, originations, and denials among members of different racial groups and persons at different income levels in certain local areas, the HMDA data generally do not indicate that Bank of America or FleetBoston is excluding any race or income segment of the population or geographic areas on a prohibited basis. The Board nevertheless is concerned when HMDA data for an institution indicate disparities in lending and believes that all banks are obligated to ensure that their lending practices are based on criteria that ensure not only safe and sound lending, but also equal access to credit by creditwor thy applicants regardless of their race or income level. The Board recognizes, however, that HMDA data alone provide an incomplete measure of an institution’s lending in its portions of BA Bank’s and Fleet Bank’s assessment areas statewide. Commenters alleged that 2002 HMDA data indicate that BA Bank denied home mortgage loan applications from African Americans and Hispanics more frequently than applications from whites in MSAs in various states and the District of Columbia. Other commenters alleged that Fleet Bank denied home mortgage loan applications from African Americans and Hispanics more frequently than applications from whites in certain markets. 72. For purposes of this HMDA analysis, minority census tract means a census tract with a minority population of 80 percent or more. 73. The lending data of the lenders in the aggregate represent the cumulative lending for all financial institutions that have reported HMDA data in a particular area. 74. The denial disparity ratio equals the denial rate of a particular racial category (e.g., African Americans) divided by the denial rate for whites. 232 Federal Reserve Bulletin □ Spring 2004 community because these data cover only a few categories of housing-related lending. HMDA data, moreover, pro vide only limited information about the covered loans .75 HMDA data, therefore, have limitations that make them an inadequate basis, absent other information, for concluding that an institution has not assisted adequately in meeting its community’s credit needs or has engaged in illegal lending discrimination. Because of the limitations of HMDA data, the Board has considered these data carefully in light of other informa tion, including examination reports that provide an onsite evaluation of compliance by the subsidiary depository institutions of Bank of America and FleetBoston with fair lending laws. Examiners noted no fair lending issues or concerns in the CRA performance evaluations of the depository institutions controlled by Bank of America or FleetBoston. The record also indicates that Bank of America has taken steps to ensure compliance with fair lending laws. Bank of America has instituted corporate-wide policies and procedures to help ensure compliance with all fair lending and other consumer protection laws and regulations. Bank of America’s compliance program includes compliance file reviews, an anti-predatory-lending policy, fair lending pol icy and product guides, testing the integrity of HMDA data, and quality assurance. In addition, Bank of America’s consumer real estate associates receive compliance training that includes courses in fair lending laws, ethics, privacy, information security, and HMDA. Bank of America stated that its compliance program would be implemented at Fleet Bank after consummation of the proposal. The Board also has considered the HMDA data in light of the programs described above and the overall perfor mance records of Bank of America’s subsidiary banks under the CRA. These established efforts demonstrate that the banks are active in helping to meet the credit needs of their entire com munities .76 F. Branch Closings Several commenters expressed concerns about the propos al’s possible effect on branch closings .77 The Board has 75. The data, for example, do not account for the possibility that an institution’s outreach efforts may attract a larger proportion of margin ally qualified applicants than other institutions attract and do not provide a basis for an independent assessment of whether an applicant who was denied credit was, in fact, creditworthy. Credit history problems and excessive debt levels relative to income (reasons most frequently cited for a credit denial) are not available from HMDA data. 76. One commenter alleged that Bank of America has a substan tially higher rate o f home mortgage foreclosures in neighborhoods with predominantly minority and LMI populations and, generally, that these areas have the fewest Bank of America branches. Bank of America represented that it has policies and procedures in place to work with customers to minimize foreclosures. As previously noted, the OCC did not find fair lending issues or concerns when it con ducted its fair lending law reviews during the CRA evaluations of the subsidiary depository institutions of Bank of America. 77. Some commenters expressed concern that, if consummation of the proposal caused Bank of America to control more than 10 percent carefully considered these comments on potential branch closings in light of all the facts of record. Bank of America has represented that any merger-related branch closings, relocations, or consolidations would be minimal because there is little geographic overlap with FleetBoston .78 Bank of America also represented that no decision had been made on whether Bank of A m erica’s or FleetBoston’s branch closure policy would be in effect after consumma tion of the proposed transaction. Under these policies, Bank of America and FleetBoston must review a number of factors before closing or consolidating a branch, includ ing an assessment of the branch, the marketplace dem o graphics, a profile of the community where the branch is located, and the effect on customers. The most recent CRA evaluations of BA Bank and Fleet Bank noted favorably the banks’ records of opening and closing branches .79 The Board also has considered the fact that federal banking law provides a specific mechanism for addressing branch closings . 80 Federal law requires an insured deposi tory institution to provide notice to the public and to the appropriate federal supervisory agency before closing a branch. In addition, the Board notes that the OCC, as the appropriate federal supervisor of BA Bank, will continue to review BA Bank’s branch closing record in the course of conducting CRA performance evaluations. G. O ther C oncerns Some commenters urged the Board not to approve the proposal until Bank of America meets certain “ com mit m ents” regarding its Hawaii lending programs and its goal for mortgage lending to Native Hawaiians on Hawaiian Home Lands that commenters alleged Bank of America o f the deposits of insured depository institutions in the United States, Bank of America would divest branches in LMI areas to comply with section 3(d) of the BHC Act. 78. One commenter alleged that Bank of America has closed bank branches in the absence of market overlap after previous bank merg ers. The commenter expressed concern that branches in LMI areas would be closed after consummation o f this proposal. 79. Examiners stated that, in general, BA Bank’s record of opening and closing branches did not adversely affect the accessibility o f delivery systems, particularly in LMI geographies. BA Bank closed three branches in middle-income geographies in the Los A ngelesLong Beach MSA during the evaluation period. Examiners reported, however, that service delivery systems in the Los Angeles-Long Beach MSA were accessible to geographies and individuals of all income levels. Examiners stated that branch openings and closings in the Charlotte MSA did not adversely affect the accessibility of the bank’s delivery systems in general or in LMI areas. BA Bank closed one branch in a low-income census tract in the Charlotte M SA during the review period, but another BA Bank branch was located less than one mile away. BA Bank also closed two branches in low-income census tracts and one branch in a moderate-income census tract in the Miami MSA. 80. Section 42 of the FDI Act (12 U.S.C. §1831r-l), as imple mented by the Joint Policy Statement Regarding Branch Closings (64 Federal Register 34,844 (1999)), requires that a bank provide the public with at least 30-days notice and the appropriate federal super visory agency with at least 90-days notice before the date of the proposed branch closing. The bank also is required to provide reasons and other supporting data for the closure, consistent with the institu tion’s written policy for branch closings. Legal Developments made in 1994 in connection with the acquisition of Liberty Bank, Honolulu, Hawaii, by Bank of America, FSB, a predecessor of BA Bank .81 Commenters alleged that the “commitments” were reaffirmed in NationsBank, 82 and that they were conditions to the B oard’s approval in both orders. In connection with the acquisition of Liberty Bank, Bank of America publicly announced its plans to engage in certain lending programs in Hawaii. Although Bank of America styled these initiatives as “ commitments” in its public statements, it did not make them as commitments to the Board, and these plans were not conditions to the Board’s approvals in Liberty Bank or NationsBank .83 The Board views the enforceability of such third party pledges, commitments, or agreements as matters outside the CRA. As the Board explained in NationsBank, to gain approval of a proposal to acquire an insured depository institution an applicant must demonstrate a satisfactory record of perfor mance under the CRA without reliance on plans or com mitments for future action .84 Moreover, the Board has consistently found that neither the CRA nor the federal banking agencies’ CRA regulations require depository institutions to make pledges or enter into commitments or agreements with any organization .85 Accordingly, in Liberty Bank and NationsBank and in this case as well, the Board has focused on the applicant’s existing record of helping to meet the credit needs of its CRA assessment areas when reviewing a proposal under the convenience and needs factor of the BHC A ct . 86 As previously noted, many commenters criticized the terms of Bank of America’s recently announced Commu nity Development Initiative. Some criticized it for provid ing insufficient funding for loans, investments, or grants. Others requested that the Board not approve the proposal until Bank of America includes state-specific goals for certain loan products and programs or enters into specific 81. See Liberty Bank at 628. 82. See NationsBank at 876. 83. Some commenters misconstrued the Board’s statements that the Liberty Bank and NationsBank orders were “specifically con ditioned upon compliance with all of the commitments made by BankAmerica [or NationsBank] in connection with this application” as referencing commitments other than those that the applicants expressly made directly to the Board. 84. See NationsBank at 876; see also Travelers Group Inc., 84 Fed eral Reserve Bulletin 985 (1998). 85. See, e.g., Citigroup Inc., 88 Federal Reserve Bulletin 485 (2002); Fifth Third Bancorp, 80 Federal Reserve Bulletin 838, 841 (1994). 86. The CRA performance records of Bank of America FSB, which had branches in Hawaii at the time of the Liberty Bank order and until eight months prior to the NationsBank order, were rated by its primary federal supervisor, the Office of Thrift Supervision, as “satisfactory” (Liberty Bank) and as “outstanding” overall and “sat isfactory” in Hawaii (NationsBank). Bank of America’s CRA assess ment areas have not included Hawaii since 1998, after it sold all its branches in that state. Under the interagency CRA regulation, the appropriate federal supervisor evaluates a bank’s CRA performance record in its delineated assessment areas, which generally include the census tracts where its main office, branches, and deposit-taking ATMs are located, and the surrounding census tracts where the bank has originated or purchased a substantial portion of its loans. See, e.g., 12 C.F.R. 228.41. 233 agreements with certain states or community organiza tions. As discussed above, the Board views the enforceabil ity of such third-party pledges, initiatives, and agreements as matters outside the CRA. Instead, the Board focuses on the existing CRA performance record of an applicant and the programs that the applicant has in place to serve the credit needs of its CRA assessment areas at the time the Board reviews a proposal under the convenience and needs factor. The future activities of Bank of A m erica’s subsidi ary depository institutions will be reviewed by the appro priate federal supervisors of those institutions in future CRA performance examinations, and the Board will con sider that actual CRA performance record in future appli cations by Bank of America to acquire a depository institution. H. Conclusion on C onvenience and N eeds C onsiderations The Board recognizes that this proposal represents a sig nificant expansion of Bank of America and its scope of activities. Accordingly, an important component of the Board’s review of the proposal has been its considera tion of the effects of the proposal on the convenience and needs of all communities served by Bank of America and FleetBoston. In conducting its review, the Board has weighed the concerns expressed by commenters in light of all the facts of record, including the overall CRA records o f the deposi tory institutions of Bank of America and FleetBoston. A significant number of commenters have expressed support for the proposal based on the records of Bank of America and FleetBoston in helping to serve the banking needs, and in particular, the lending needs of their entire communities, including LMI areas. Other commenters have expressed concern about specific aspects of Bank of A m erica’s record of performance under the CRA in its current service areas and have expressed reservations about whether Bank of America and FleetBoston have been, and would be, respon sive to the banking and credit needs of all their communi ties, especially in New England. The Board has carefully considered these concerns and weighed them against the overall CRA records o f Bank of America and FleetBoston, reports of examinations o f CRA performance, and informa tion provided by Bank of America, including its responses to comments. The Board also considered information sub mitted by Bank of America and information from the OCC concerning BA Bank’s performance under the CRA and compliance with fair lending laws since its last CRA performance evaluation. As discussed in this order, all the facts of record demon strate that the subsidiary depository institutions of Bank of America and FleetBoston have a record of meeting the credit needs of their communities. The Board expects the resulting organization to continue to help serve the banking needs of all its communities, including LMI neighborhoods. Based on all the facts of record, and for reasons dis cussed above, the Board concludes that considerations 234 Federal Reserve Bulletin □ Spring 2004 relating to the convenience and needs factor, including the CRA performance records of the relevant depository insti tutions, are consistent with approval of the proposal. meetings or hearings are not required and are not necessary or warranted to clarify the factual record on the proposal . 88 Accordingly, the requests for additional public meetings or hearings are hereby denied. Foreign Activities Conclusion Bank of America also has requested the Board’s consent under section 4(c)(13) of the BHC Act and section 211.9 o f the Board’s Regulation K (12 C.F.R. 211.9) to acquire certain FleetBoston foreign operations. In addition, Bank of America has provided notice under sections 25 and 25A of the Federal Reserve Act and sections 211.5 and 211.9 of Regulation K (12 C.F.R. 211.5 and 211.9) to acquire FleetBoston’s companies organized under sections 25 and 25A of the Federal Reserve Act. The Board concludes that all the factors required to be considered under the Federal Reserve Act, the BHC Act, and the Board’s Regulation K are consistent with approval of the proposal. Requests fo r Additional Public Meetings As noted above, the Board held public meetings on the proposal in Boston and San Francisco. A number of com menters requested that the Board hold additional public meetings or hearings, including at locations in Connecti cut, Maine, New York, Pennsylvania, Rhode Island, and Hawaii. The Board has carefully considered these requests in light of the BHC Act, the Board’s Rules of Procedure, and the substantial record developed in this case . 87 As previously discussed, more than 180 interested per sons appeared and provided oral testimony at the two public meetings held by the Board. These attendees included elected representatives, the attorney general of Connecticut, members of community groups, and represen tatives of businesses and business groups from cities and towns across the country. In addition, the Board provided a period of more than 60 days for interested persons to submit written comments on the proposal. More than 2000 interested persons who did not testify at the public meet ings provided written comments. In the Board’s view, all interested persons had ample opportunity to submit their views on this proposal. Numer ous commenters, in fact, submitted substantial materials that have been carefully considered by the Board in acting on the proposal. Commenters requesting additional public meetings have failed to show why their written comments do not adequately present their views, evidence, and allega tions. They also have not shown why the public meetings in Boston and San Francisco and the more than 60-day comment period did not provide an adequate opportunity for all interested parties to present their views and con cerns. For these reasons, and based on all the facts of record, the Board has determined that additional public 87. Section 3(b) of the BHC Act does not require that the Board hold a public hearing on an application unless the appropriate super visory authority for the bank to be acquired makes a timely written recommendation o f denial of the application. 12 U.S.C. § 1842(b). In this case, the Board has not received such a recommendation from any state or federal supervisory authority. Based on the foregoing, and in light of all the facts of record, the Board has determined that the applications and notices should be, and hereby are, approved. In reaching this conclusion, the Board has carefully considered all oral testimony and the written comments regarding the proposal in light of the factors it is required to consider under the BHC Act and other applicable statutes .89 88. A number of commenters requested that the Board delay action on the proposal or extend the comment period until: (i) Bank of America provides more detail about its Community Development Initiative; (ii) Bank of America enters into a written, detailed, and publicly verifiable CRA agreement negotiated with community groups; (iii) Bank of America fulfills certain commitments to third parties other than the Board; (iv) Bank of America enters into new CRA agreements with local community groups; (v) pending lawsuits or investigations involving Bank of America and FleetBoston are resolved; or (vi) alleged conflicts of interests are resolved. The Board believes that the record in this case does not warrant postponement of its consideration of the proposal. During the applica tion process, the Board has accumulated a significant record, includ ing reports of examination, supervisory information, public reports and information, and considerable public comment. The Board believes this record is sufficient to allow it to assess the factors it is required to consider under the BHC Act. The BHC Act and the Board’s rules establish time periods for consideration and action on proposals such as the current proposal. Moreover, as discussed more fully above, the CRA requires the Board to consider the existing record of performance of an organization and does not require that the organization enter into contracts or agreements with others to imple ment its CRA programs. For the reasons discussed above, the Board believes that commenters have had ample opportunity to submit their views and, in fact, they have provided substantial written submissions and oral testimony that have been considered carefully by the Board in acting on the proposal. Based on a review of all the facts of record, the Board concludes that delaying consideration of the proposal, granting another extension of the comment period, or denying the proposal on the grounds discussed above, including for informational insuffi ciency, is not warranted. 89. One commenter requested that certain Federal Reserve System staff and Board members recuse themselves from consideration of the applications or, alternatively, that the applications be dismissed, because of commenter’s allegations that conflicts of interests exist between Federal Reserve System staff and Bank of America. The commenter claimed that federal ethics laws and/or rules were violated because an officer of the Federal Reserve Bank of Richmond or other staff, including an unidentified Board member, have mortgages on their residences from BA Bank. Federal law prohibits a bank examiner from accepting a loan from a bank or other covered entity that he or she examines. See 18 U.S.C. §213. In this case, the individual in question has never examined a bank that is the subject of these applications, and review of an application is not itself an examination for purposes of 18 U.S.C. §213. Neither the ethics rules governing Reserve Bank supervisory staff who participate in matters other than examinations and inspections nor the Board’s ethics rules as promul gated by the Office of Government Ethics require an individual who already has a loan from an institution to be recused from considering Legal Developments Approval of the applications and notices is specifically conditioned on compliance by Bank of America with all the commitments made to the Board in connection with the proposal and with the conditions stated or referred to in this order. For purposes of this transaction, these commit ments and conditions are deemed to be conditions imposed in writing by the Board in connection with its findings and decision and, as such, may be enforced in proceedings under applicable law. The acquisition of FleetBoston’s subsidiary banks shall not be consummated before the fifteenth calendar day after the effective date of this order, and no part of the proposal shall be consummated later than three months after the effective date of this order, unless such period is extended for good cause by the Board or by the Federal Reserve Bank of Richmond, acting pursuant to delegated authority. By order of the Board of Governors, effective M arch 8 , 2004. Voting for this action: Chairman Greenspan and Governors Gramlich, Bies, Olson, Bernanke, and Kohn. Absent and not voting: Vice Chairman Ferguson. R o b e r t d eV . F r ie r s o n Deputy Secretary o f the Board Appendix A Calculation of the Nationwide Deposit Cap For purposes of applying the nationwide deposit cap, the total amount of deposits held by insured banks in the United States was computed by first calculating the sum of total deposits in domestic offices as reported on Sched ule RC of the Call Report, interest accrued and unpaid on deposits in domestic offices as reported on Schedule RC-G of the Call Report, and adding the following items reported on Schedule R C -0 of the Call Report: unposted credits, uninvested trust funds, deposits in insured branches in Puerto Rico and U.S. territories and possessions, unamor tized discounts on deposits, the amount by which demand deposits would be increased if the reporting institution’s reciprocal demand balances with foreign banks and foreign offices of other U.S. banks that were reported on a net basis had been reported on a gross basis, amount of assets netted against demand deposits, amount of assets netted against time and savings deposits, demand deposits of consoli dated subsidiaries, time and savings deposits of consoli dated subsidiaries and interest accrued and unpaid on deposits of consolidated subsidiaries. Then, subtract the amount of unpaid debits and unamortized premiums from this sum. an applications matter involving that institution or its affiliate. See, e.g., 5 C.F.R. 6801.107-108. The Board has carefully considered this request and concludes that no conflicts of interests exist that require recusal or dismissal o f the applications. 235 The total amount of deposits held by insured U.S. branches of foreign banks was computed by first calculat ing the sum of the following items reported on Schedule O of the RAL: total demand deposits in the branch, total time and savings deposits in the branch, interest accrued and unpaid on deposits in the branch, unposted credits, demand deposits of majority-owned depository subsidiaries and wholly owned nondepository subsidiaries, time and sav ings deposits of majority-owned depository subsidiaries and wholly owned nondepository subsidiaries, and interest accrued and unpaid on deposits of majority-owned deposi tory subsidiaries and wholly owned nondepository subsidi aries, the amount by which demand deposits would be increased if the reporting institution’s reciprocal demand balances with foreign banks and foreign offices of other U.S. banks that were reported on a net basis had been reported on a gross basis, amount of assets netted against demand deposits, amount of assets netted against time and savings deposits, demand deposits of consolidated subsidi aries, time and savings deposits of consolidated subsidi aries. Then, subtract the amount of unpaid debits from this sum. The total amount of deposits held by insured savings associations in the United States was computed by taking the sum of total deposits in domestic offices as reported on Schedule SC of the TFR, deposits held in escrow and accrued interest payable-deposits, both as reported on Schedule SC of the TFR, plus the following items reported on Schedule SI of the TFR: time and savings deposits of consolidated subsidiaries, outstanding checks drawn against Federal Home Loan Banks and Federal Reserve Banks, demand deposits of consolidated subsidiaries, assets netted against demand deposits, and assets netted against time and savings deposits. Because insured banks and savings associations that are subsidiaries of other insured banks and savings associa tions have been consolidated into their parent institution for reporting purposes, the individual data for these institu tions have not been added in order to avoid double count ing deposits held by these subsidiary insured depository institutions. A ppendix B Banking M arkets in which FleetBoston Compete Directly A. Bank of America and M etropolitan N ew York-New Jersey Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, and Westchester Counties, all in New York; Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, M or ris, Ocean, Passaic, Somerset, Sussex, Union, and Warren Counties and the northern portions of M ercer County, all in New Jersey; Pike County, Pennsylvania; Fairfield County and portions of Litchfield and New Haven Counties, all in Connecticut. 236 B. Federal Reserve Bulletin □ Spring 2004 Fort Pierce, Florida Sarasota Manatee and Sarasota Counties, except the portion of Sarasota County that is both east of the M yakka River and south of Interstate 75 (currently the town of Northport); the portion of Charlotte County that is west of both the harbor and the Myakka River (currently the towns of Englewood, Englewood Beach, New Point Comfort, Grove City, Cape Haze, Rotonda, Rotonda West, and Placida); and Gasparilla Island (the town of Boca Grande) in Lee County. Bank of America operates the largest depository institution in the market, controlling deposits o f approximately $3.2 billion, representing approximately 26 percent of market deposits. FleetBoston operates the 44th largest depository institution in the market, controlling deposits o f approximately $ 8 . 6 million, representing less than 1 percent of market deposits. On consummation, Bank of America would continue to operate the largest depository institution in the market, controlling deposits of $3.2 bil lion, representing approximately 26.1 percent of the market deposits. Forty-seven depository institutions would remain in the banking market. The HHI would increase 4 points to 1,252. D. West Palm Beach St. Lucie and Martin Counties, except the towns of Indiantown and Hobe Sound in Martin County. C. Sarasota, Florida West Palm Beach, Florida Palm Beach County east of Loxahatchee and the towns of Indiantown and Hobe Sound in Martin County. A ppendix C Market Data Metropolitan New York-New Jersey Bank of America operates the 27th largest depository insti tution in the market, controlling deposits of approximately $2.9 billion, representing less than 1 percent of market deposits. FleetBoston operates the third largest depository institution in the market, controlling deposits of approxi mately $45.9 billion, representing approximately 8 percent of market deposits. On consummation of the proposal, Bank of America would operate the third largest deposi tory institution in the market, controlling deposits of $48.9 billion, representing approximately 9 percent of mar ket deposits. Two hundred and seventy one institutions would remain in the market. The HHI would increase 9 points to 983. Florida Fort Pierce Bank of America operates the third largest depository institution in the market, controlling deposits of approxi mately $611 million, representing less than 1 percent of market deposits. FleetBoston opened a de novo branch in the market in January 2004. Bank of America has 18 branches in this banking market. FDIC deposit data reflecting the deposits of FleetBoston’s branch are not yet available. The Board has considered Bank of Am erica’s deposits in the Fort Pierce banking market, the number of competing institutions, and the deposits controlled by those institutions, and the recent entry of FleetBoston’s branch. Based on these factors, the Board concludes that consum mation of the proposal would have a de minimis effect in the Fort Pierce banking market. The HHI is 1,259. Bank of America operates the second largest depository institution in the market, controlling deposits of approxi mately $4 billion, representing approximately 20 percent of market deposits. FleetBoston operates the 17th largest depository institution in the market, controlling deposits of approximately $166 million, representing less than 1 per cent of market deposits. On consummation of the pro posal, Bank of America would continue to operate the second largest depository institution in the market, control ling deposits of approximately $4.1 billion, representing approximately 21 percent of market deposits. Sixty deposi tory institutions would remain in market. The HHI would increase 35 points to 1,349. National City Corporation Cleveland, Ohio O rd e r A p p r o v in g th e A c q u is it io n o f a B a n k H o ld in g C om pany National City Corporation ( “National City” ), a financial holding company within the meaning of the Bank Holding Company Act ( “ BHC A ct” ), has requested the Board’s approval under section 3 of the BHC Act (12 U.S.C. §1842) to acquire Allegiant Bancorp, Inc. ( “Allegiant” ) and its subsidiary bank, Allegiant Bank ( “A llegiant Bank” ), both in St. Louis, Missouri. National City also has requested the Board’s approval under sections 4(c)(8) and 4(j) of the BHC Act (12 U.S.C. §§ 1843(c)(8) and 1843(j)) and sections 225.28(b)(2), (6 ) and (12) of the Board’s Regulation Y (12 C.F.R. 225.28(b)(2), (6 ), and (12)) to acquire certain nonbanking subsidiaries of Allegiant and thereby engage in permissible activities related to extend ing credit, providing investment advice, and engaging in community development. Notice of the proposal, affording interested persons an opportunity to submit comments, has been published ( 6 8 Federal Register 68,626 (2003)). The time for filing comments has expired, and the Board has considered the proposal and all comments received in light of the factors set forth in sections 3 and 4 of the BHC Act. Legal Developments National City is the 13th largest commercial banking organization in the United States with total consolidated assets of $113.9 billion, representing approximately 1.4 percent of total assets of insured banking organizations in the United States . 1 National City operates subsidiary insured depository institutions in Illinois, Indiana, Ken tucky, Michigan, Ohio, and Pennsylvania. Allegiant, with assets of approximately $2.3 billion, is the eighth largest commercial banking organization in Missouri. On consum mation of this proposal, National City would remain the 13th largest commercial banking organization in the United States with total consolidated assets of $116.2 billion, representing approximately 1.4 percent of total assets of insured banking organizations in the United States. Interstate Analysis Section 3(d) of the BHC Act allows the Board to approve an application by a bank holding company to acquire control of a bank located in a state other than the home state of such bank holding company if certain conditions are m et .2 For purposes of the BHC Act, the home state of National City is Ohio, and Allegiant Bank is located in Missouri. Based on a review of all the facts of record, including relevant state statutes, the Board finds that all the conditions for an interstate acquisition enumerated in sec tion 3(d) are met in this case .3 Competitive Considerations Section 3 of the BHC Act prohibits the Board from approv ing a proposal that would result in a monopoly or would be in furtherance of any attempt to monopolize the business of banking in any relevant banking market. The BHC Act also prohibits the Board from approving a proposed bank acqui sition that would substantially lessen competition in any relevant banking market, unless the Board finds that the anticompetitive effects of the proposal clearly are out1. Asset data are as of December 31, 2003, and nationwide ranking data are as of September 30, 2003. 2. A bank holding company’s home state is the state in which the total deposits o f all subsidiary banks of the company were the largest on the later of July 1, 1966, or the date on which the company became a bank holding company. 12 U.S.C. § 1841(o)(4)(C). For purposes of section 3(d) of the BHC Act, the Board considers a bank to be located in the states in which the bank is chartered, headquartered, or operates a branch. 3. See 12 U.S.C. §§ 1842(d)(1)(A) and (B), 1842(d)(2)(A) and (B). National City is adequately capitalized and adequately managed, as defined by applicable law. In addition, on consummation of the proposal, National City would control less than 10 percent of the total amount of deposits of insured depository institutions in the United States. Missouri law prohibits a bank holding company from acquiring an insured depository institution in Missouri if, as a result of the acquisition, the bank holding company would control more than 13 percent o f state deposits. See Mo. Rev. Stat. §362.915. This transaction would meet Missouri’s state deposit cap. Missouri law prohibits the interstate acquisition of a Missouri bank that has existed for fewer than 5 years. This transaction would meet Missouri’s minimum age requirements. See id. at § 362.077. The other require ments o f section 3(d) also would be met on consummation of the proposal. 237 weighed in the public interest by the probable effect of the proposal in meeting the convenience and needs of the community to be served .4 National City and Allegiant do not compete directly in any relevant banking market. Accordingly, the Board concludes, based on all the facts of record, that consummation of the proposal would not have a significantly adverse effect on competition or on the concentration of banking resources in any relevant banking market and that competitive considerations are consistent with approval. Financial and Managerial Considerations Section 3 of the BHC Act requires the Board to consider the financial and managerial resources and future prospects of the companies and banks involved in the proposal and certain other supervisory factors. The Board has carefully considered these factors in light of all the facts of record, including reports of examination, other confidential super visory information received from the primary federal bank ing agency that supervises each institution, information provided by National City, and public comment on the proposal. National City is and will remain well capitalized on consummation of the proposal. In addition, the Board has consulted with the Office of the Comptroller of the Cur rency (“ O CC” ), the primary federal supervisor of National City’s lead banks, concerning the proposal .5 The Board also has considered the managerial resources and the ex amination records of National City and Allegiant and the subsidiary depository institutions to be acquired, including their risk management systems and other policies .6 Based on all the facts of record, the Board has concluded that considerations relating to the financial and managerial resources and future prospects of National City, Allegiant, and Allegiant Bank are consistent with approval, as are the other supervisory factors under the BHC A ct .7 4. 12 U.S.C. § 1842(c)(1). 5. A commenter cited press reports about a class-action lawsuit and other litigation concerning the consumer lending and trust activities of three National City subsidiaries. The Board notes that the class-action lawsuit was settled in 2002. In addition, National City has submitted information on pending material litigation relating to the consumer lending activities of National City and its affiliates. The Board has considered this information in light of confidential supervisory infor mation and has consulted with the OCC. 6. The commenter also cited press reports noting that in 2003, the Securities and Exchange Commission ( “SEC” ) directed National City to provide certain information on its mutual fund activities as part of an industry-wide review of practices. The Board notes that the SEC has taken no action against National City on this matter. 7. The commenter also criticized National City for lobbying against state and local efforts to enact and enforce anti-predatory lending laws and ordinances. In addition, the commenter, citing press reports, expressed concern that the proposal might result in a loss of jobs. The Board notes that the commenter does not allege and has provided no evidence that National City engaged in any illegal activity or other action that has affected, or may reasonably be expected to affect, the safety and soundness of the institutions involved in this proposal or the competitive or other factors that the Board must consider under the BHC Act. 238 Federal Reserve Bulletin □ Spring 2004 Convenience and Needs Considerations In acting on a proposal under section 3 of the BHC Act, the Board is required to consider the effects of the proposal on the convenience and needs of the communities to be served and to take into account the records of the relevant insured depository institution under the Community Reinvestment Act ( “ CRA ” ) . 8 The CRA requires the federal financial supervisory agencies to encourage financial institutions to help meet the credit needs of local communities in which they operate, consistent with their safe and sound opera tion, and requires the appropriate federal financial super visory agency to take into account an institution’s record of meeting the credit needs of its entire community, including low- and moderate-income ( “ LM I” ) neighborhoods, in evaluating bank expansionary proposals. The Board has considered carefully the convenience and needs factor and the CRA performance records of the banks of National City and Allegiant in light of all the facts of record, including public comment on the proposal. A commenter opposing the proposal asserted, based on data reported under the Home Mortgage Disclosure Act ( “ HMDA ” ) , 9 that National City engages in discriminatory treatment of African-American and Hispanic individuals in its home mortgage lending operations. In addition, the commenter expressed concern about potential branch closings. A. CR A Perform ance Evaluations As provided in the CRA, the Board has evaluated the convenience and needs factor in light of the evaluations by the appropriate federal supervisors of the CRA perfor mance records of the relevant insured depository institu tions. An institution’s most recent CRA performance evaluation is a particularly important consideration in the applications process because it represents a detailed, on site evaluation of the institution’s overall record of perfor mance under the CRA by its appropriate federal super visor. 10 At their most recent CRA evaluations by the OCC, National City Bank, Cleveland ( “NC Bank” ), National City’s largest bank as measured by total deposits, received an “ outstanding” rating, and National City Bank of Indi ana, Indianapolis ( “NC Indiana” ), National C ity’s largest bank as measured by total assets, received a “ satisfactory” rating . 11 In addition, National City’s five other subsidiary banks received either “ outstanding” or “ satisfactory” rat ings at their most recent CRA evaluations . 12 Allegiant Bank, A llegiant’s only subsidiary bank, received a “ satisfactory” rating at its most recent CRA performance evaluation by the Federal Deposit Insurance Corporation ( “FDIC” ), as of March 1, 2002. National City 8. 12 U.S.C. §2901 et seq. 9. 12 U.S.C. §2801 et seq. 10. See Interagency Questions and Answers Regarding Community Reinvestment, 66 Federal Register 36,620 and 36,639 (2001). 11. Both ratings are as of February 22, 2000. 12. The Appendix lists the most recent CRA ratings of the National City subsidiary banks. has indicated that on consummation of the proposal, A lle giant Bank would have access to National C ity’s CRA program, would offer certain National City CRA-related loan products, and would establish a CRA program com pa rable to those of National C ity’s subsidiary banks. National City anticipates integrating A llegiant’s community devel opment activities with the National City Community Development Corporation. In addition, Allegiant Bank would be subject to National C ity’s corporate-wide compli ance program. NC Bank’s most recent CRA evaluation characterized its overall record of home mortgage and small business lending as excellent , 13 noting specifically the bank’s excel lent loan penetration among borrowers of different income levels, including LMI individuals. Examiners also praised the bank’s level of community development lending and noted favorably the use of several flexible lending products designed to address affordable housing needs o f LMI indi viduals. Examiners commended the bank’s level of quali fied investments and reported that these investments were highly responsive to the credit needs of its assessment area. In addition, examiners reported that NC Bank’s commu nity development services were excellent and praised the distribution of the bank’s branches. At NC Indiana’s most recent CRA performance evalua tion, examiners commended the bank’s home lending record among borrowers of different income levels. In addition, examiners praised the bank’s record of commu nity development lending and its use of innovative loan products. NC Indiana’s most recent evaluation also com mended its strong level of qualified investments noting that the bank created opportunities for and engaged in complex and innovative investments in its assessment area. In addi tion, examiners characterized the distribution o f NC Indi ana’s branches throughout its assessment area, including LMI geographies, as excellent. Examiners at Allegiant Bank’s most recent CRA perfor mance evaluation concluded that the bank demonstrated a good record of serving the credit needs of its entire com munity, including the most economically disadvantaged portions of its assessment area. Examiners commended Allegiant Bank’s home mortgage lending record and noted that in 2 0 0 0 , the percentage of loans extended by the bank in LMI geographies exceeded the percentage extended by the aggregate of lenders ( “ aggregate lenders ” ) . 14 Exam in ers also noted Allegiant Bank’s significant level of quali fied investments and reported that such investments sup ported a wide variety of programs to develop LMI housing. 13. In evaluating the records o f performance under the CRA o f NC Bank and NC Indiana, examiners considered home mortgage loans by certain affiliates in the banks’ assessment areas. The loans reviewed by examiners included loans reported by National City Mortgage Corporation, Miamisburg, Ohio ( “NC Mortgage” ) (a subsidiary o f NC Indiana); National City Mortgage Services, Kalamazoo, Michigan ( “NC Mortgage Services” ) (a subsidiary of National City Bank of Michigan/Illinois, Bannockburn, Illinois); and other bank and non bank affiliates o f NC Bank. 14. The lending data of the aggregate lenders represent the cumula tive lending for all financial institutions that have reported HMDA data in a given area. Legal Developments B. H M D A and Fair L ending Record The Board has carefully considered the lending records of and HMDA data reported by National City in light of public comment. Based exclusively on a review of 2002 HMDA data, the commenter alleged that National City engages in discriminatory lending by directing minority customers to First Franklin Financial Corporation, San Jose, California ( “First Franklin” ), a subsidiary of NC Indiana that originates home mortgage loans that include subprime loans , 15 rather than to National C ity’s subsidiary banks . 16 The commenter also alleged that the denial disparity ratio s 17 of some of National C ity’s subsid iary banks in certain markets indicated that the banks disproportionately denied African-American or Hispanic applicants for home mortgage loans. The Board reviewed HMDA data reported by all of National City’s bank and nonbank lending subsidiaries in the MSAs identified by the commenter, and focused its analysis on the data in the MSAs that include six major assessment areas of the banks. The Board compared the HMDA data of First Franklin with aggregate data submit ted by the other subsidiaries of National City engaged in home mortgage lending, including its subsidiary banks, NC Mortgage, and NC Mortgage Services ( “ National City Lenders” ). The 2002 HMDA data indicate that, although the National City Lenders extended a smaller percentage of their total HMDA-reportable loans to African-American borrowers than did First Franklin in the MSAs reviewed, they extended a larger number of such loans to AfricanAmerican borrowers than did First Franklin in the majority of the MSAs. The data also indicate that the percentages of the National City Lenders’ HMDA-reportable loans to Hispanics were comparable to or exceeded the percentages for First Franklin in each of the MSAs reviewed, and that they originated a larger number of HMDA-reportable loans 15. As the Board previously has noted, subprime lending is a permissible activity that provides needed credit to consumers who have difficulty meeting conventional underwriting criteria. The Board continues to expect all bank holding companies and their affiliates to conduct their subprime lending operations without any abusive lend ing practices. See Royal Bank of Canada, 88 Federal Reserve Bulle tin 385, 388 n.18 (2002). The Board also notes that the OCC has responsibility for enforcing compliance with fair lending laws by national banks and their subsidiaries. 16. Specifically, the commenter compared 2002 HMDA data reported by First Franklin and a National City subsidiary bank in the Metropolitan Statistical Areas ( “M SA s”) that include six of the largest assessment areas of National City’s subsidiary banks (as determined by total deposits). These areas include the Chicago, Cleve land, Detroit, Indianapolis, Louisville, and Pittsburgh MSAs. The comparison did not include HMDA data reported by other National City lending subsidiaries operating in these areas. The commenter asserted that in 2002, First Franklin originated a higher volume and larger percentage o f its HMDA-reportable loans to African-American or Hispanic borrowers than the National City subsidiary bank in each o f the areas. The commenter made similar allegations concerning two MSAs outside the banks’ assessment areas. 17. The denial disparity ratio equals the denial rate for a particular racial category (for example, African American) divided by the denial rate for whites. 239 to Hispanic borrowers than did First Franklin in each of the MSAs. In addition, the denial disparity ratios of the National City Lenders for African-American and Hispanic applicants for total HMDA-reportable loans approximated or were lower than those of aggregate lenders in a majority of the MSAs reviewed. Moreover, the National City Lend ers’ origination rates for total HMDA-reportable loans to Hispanics and African Americans were comparable to or exceeded the rates for aggregate lenders in each of the MSAs reviewed . 18 The Board is concerned when the record of an institution indicates disparities in lending and believes that all banks are obligated to ensure that their lending practices are based on criteria that ensure not only safe and sound lending, but also equal access to credit by creditworthy applicants regardless of race or income level. The Board recognizes, however, that HMDA data alone provide an incomplete measure of an institution’s lending in its com munity because these data cover only a few categories of housing-related lending and provide only limited inform a tion about covered loans . 19 Moreover, HMDA data indicat ing that one affiliate is lending to minorities or LMI indi viduals more than another affiliate do not, without more information, indicate that either affiliate has engaged in illegal discriminatory lending activities. Because of the limitations of HMDA data, the Board has considered these data carefully in light of other inform a tion, including examination reports that provide on-site evaluations of compliance with fair lending laws by National C ity’s banks and their lending subsidiaries, including First Franklin. Examiners found no evidence of prohibited discrimination or other illegal credit practices at any of National C ity’s subsidiary banks or the lending subsidiaries of these banks at their most recent CRA per formance evaluations. The record also indicates that National City has taken several affirmative steps to ensure compliance with fair lending laws. National City has a centralized compliance function and has implemented corporate-wide compliance policies and procedures to help ensure that all National City business lines, including First Franklin’s, comply with all fair lending and other consumer protection laws and regulations. It employs compliance officers and staff responsible for compliance training and monitoring and conducts file reviews for compliance with federal and state consumer protection rules and regulations for all product lines and origination sources, including First Franklin. National City also regularly performs self-assessments of 18. The origination rate equals the total number of loans originated to applicants of a particular racial category divided by the total number of applications received by members of that racial category. 19. The data, for example, do not account for the possibility that an institution’s outreach efforts may attract a larger proportion of margin ally qualified applicants than other institutions attract and do not provide a basis for an independent assessment of whether an applicant who was denied credit was in fact creditworthy. Credit history prob lems and excessive debt levels relative to income (reasons most frequently cited for a credit denial) are not available from HMDA data. 240 Federal Reserve Bulletin □ Spring 2004 its fair lending law compliance and fair lending policy training for its employees. The Board also has considered the HMDA data in light of other information, including the CRA performance records of National C ity’s subsidiary banks. These records demonstrate that National City is active in helping to meet the credit needs of it entire community. C. Branch C losings The Board has considered the commenter’s concerns about potential branch closings in light of all the facts of record. National City has provided the Board with its branch closing policy and has represented to the Board that it intends to open thirteen new branches in the St. Louis market over the next three years. The Board has considered carefully National C ity’s branch closing policy and its record of opening and closing branches. Examiners reviewed National C ity’s branch closing policy as part of the most recent CRA evaluations of each of National City’s banks and found that it complied with federal law. The Board also has considered the fact that federal banking law provides a specific mechanism for addressing branch closings .20 Federal law requires an insured deposi tory institution to provide notice to the public and to the appropriate federal supervisory before closing a branch. In addition, the Board notes that the FDIC, as the appropriate federal supervisor of Allegiant Bank, will continue to review its branch closing record in the course of conduct ing CRA performance evaluations. D. C onclusion on C onvenience and N eeds Factor The Board has carefully considered all the facts of record, including reports of examination of the CRA records of the institutions involved, information provided by National City, public comment on the proposal, and confidential supervisory information. Based on a review of the entire record, and for the reasons discussed above, the Board concludes that considerations relating to the convenience and needs factor, including the CRA performance records o f the relevant depository institutions, are consistent with approval. Nonbanking Activities National City also has filed a notice under sections 4(c)(8) and 4(j) of the BHC Act to acquire the nonbanking subsid iaries of Allegiant. The subsidiaries engage in activities related to extending credit, providing investment advice, 20. Section 42 of the Federal Deposit Insurance Act (12 U.S.C. § 183 lr -1), as implemented by the Joint Policy Statement Regarding Branch Closings (64 Federal Register 34,844 (1999)), requires that a bank provide the public with at least 30 days’ notice and the appropri ate federal supervisory agency and customers of the branch with at least 90 days’ notice before the date of the proposed branch closing. The bank also is required to provide reasons and other supporting data for the closure, consistent with the institution’s written policy for branch closings. and engaging in community development. The Board has determined by regulation that these activities are perm is sible for bank holding companies under the Board’s Regu lation Y,21 and National City has committed to conduct these activities in accordance with the Board’s regulations and orders for bank holding companies engaged in these activities. To approve the notice, the Board must determine that the acquisition of the nonbanking subsidiaries of Allegiant and the performance of the proposed activities by National City “ can reasonably be expected to produce benefits to the public . . . that outweigh possible adverse effects, such as undue concentration of resources, decreased or unfair com petition, conflicts of interests, or unsound banking prac tices .” 22 As part of its evaluation of these factors, the Board has considered the financial and managerial resources of National City and its subsidiaries, and the companies to be acquired, and the effect of the proposed transaction on those resources. For the reasons noted above, and based on all the facts o f record, the Board has concluded that financial and managerial considerations are consistent with approval of the notice. The Board also has considered the competitive effects of National C ity’s proposed acquisition of the nonbanking subsidiaries of Allegiant in light of all the facts of record. National City and Allegiant compete directly in activities related to extending credit and providing investment advice. The markets for these activities are regional or national in scope and are unconcentrated .23 The record in this case also indicates that there are numerous providers of these services. Based on all the facts of record, the Board concludes that consummation of the proposal would have a de minimis effect on competition for the proposed activities. Accordingly, the Board concludes that it is unlikely that significantly adverse competitive effects would result from the acquisition of Allegiant’s nonbank ing subsidiaries. National City has indicated that the proposal would provide customers of the two organizations with access to services across a broader geographic area. National City has also asserted that customers of Allegiant would gain access to a broader variety of nonbanking services, such as trust and securities broker-dealer services. National City has represented that it intends to integrate A llegiant’s com munity development operations with National City’s com munity development subsidiary and expand such activities in the communities served by Allegiant. Based on all the facts of record, the Board has deter mined that consummation of the proposal can reasonably be expected to produce public benefits that would out weigh any likely adverse effects under the standard of section 4 of the BHC Act. 21. See 12 C.F.R. 225.28(b)(2), (6), and (12). 22. See 12 U.S.C. § 1843(j)(2)(A). 23. In addition, National City and Allegiant engage in community development activities. The market for community development activities is local, but National City and Allegiant do not compete directly in any local market. Legal Developments Conclusion Based on the foregoing and all the facts of record, the Board has determined that the application and notice should be, and hereby are, approved .24 In reaching its conclusion, the Board has considered all the facts of record in light of the factors that it is required to consider under the BHC Act and other applicable statutes. The Board’s approval is specifically conditioned on compliance by National City with the conditions imposed in this order and 24. A commenter requested that the Board hold a public meeting or hearing on the proposal. Section 3(b) of the BHC Act does not require the Board to hold a public hearing on an application unless the appropriate supervisory authority for the bank to be acquired makes a timely written recommendation of denial of the application. The Board has not received such a recommendation from the appropriate supervisory authorities. Under its regulations, the Board also may, in its discretion, hold a public meeting or hearing on an application to acquire a bank if a meeting or hearing is necessary or appropriate to clarify factual issues related to the application and to provide an opportunity for testimony. 12 C.F.R. 225.16(e). Section 4 of the BHC Act and the Board’s regulations provide for a hearing on a notice to acquire nonbanking companies if there are disputed issues of material fact that cannot be resolved in some other matter. 12 C.F.R. 225.25(a)(2). The Board has considered carefully the commenter’s request in light of all the facts of record. In the Board’s view, the commenter has had ample opportunity to submit its views and has submitted written comments that have been considered carefully by the Board in acting on the proposal. The commenter’s request fails to demonstrate why written comments do not present its evidence ade quately and fails to identify disputed issues of fact that are material to the Board’s decision that would be clarified by a public meeting or hearing. For these reasons, and based on all the facts of record, the Board has determined that a public meeting or hearing is not required or warranted in this case. Accordingly, the request for a public meeting or hearing on the proposal is denied. 241 the commitments made to the Board in connection with the application and notice, including compliance with state law. The Board’s approval of the nonbanking aspects of the proposal also is subject to all the conditions set forth in Regulation Y, including those in sections 225.7 and 225.25(c) (12 C.F.R. 225.7 and 225.25(c)), and to the Board’s authority to require such modification or termina tion of the activities of a bank holding company or any of its subsidiaries as the Board finds necessary to ensure compliance with and to prevent evasion of the provisions o f the BHC Act and the Board’s regulations and orders issued thereunder. The commitments made in the applica tion process are deemed to be conditions imposed in writ ing by the Board in connection with its findings and decisions and, as such, may be enforced in proceedings under applicable law. The acquisition of Allegiant Bank may not be consum mated before the fifteenth calendar day after the effective date of this order, and the proposal may not be consum mated later than three months after the effective date of this order, unless such period is extended for good cause by the Board or the Federal Reserve Bank o f Cleveland, acting pursuant to delegated authority. By order of the Board of Governors, effective March 15, 2004. Voting for this action: Chairman Greenspan, Vice Chairman Fergu son, and Governors Gramlich, Bies, Olson, Bernanke, and Kohn. R o b e r t d eV . F r ie r s o n Deputy Secretary o f the Board Appendix CRA Performance Evaluations of National City Subsidiary Bank CRA Rating Date Supervisor 1. National City Bank, Cleveland, Ohio 2. National City Bank of Indiana, Indianapolis, Indiana 3. The Madison Bank and Trust Company, Madison, Indiana 4. National City Bank of Kentucky, Louisville, Kentucky 5. National City Bank of Michigan/Illinois, Bannockburn, Illinois 6 . National City Bank of Pennsylvania, Pittsburgh, Pennsylvania 7. National City Bank of Southern Indiana, New Albany, Indiana Outstanding February 2000 OCC Satisfactory February 2000 OCC Outstanding October 1999 FDIC Satisfactory February 2000 OCC Outstanding February 2000 OCC Outstanding February 2000 OCC Satisfactory February 2000 OCC 242 Federal Reserve Bulletin □ Spring 2004 NewAlliance Bancshares, Inc. New Haven, Connecticut Order Approving the Formation of a Bank Holding Company and the Acquisition of a Bank Holding Company and a Savings Association NewAlliance Bancshares, Inc. (In Formation) ( “NewAlli ance” ) has requested the Board’s approval pursuant to section 3 of the Bank Holding Company Act (12 U.S.C. § 1842) ( “BHC A ct” ) to become a bank holding company by acquiring New Haven Savings Bank, New Haven, Connecticut ( “ N H SB ” ), and Alliance Bancorp of New England ( “Alliance” ) and Tolland Bank ( “ Tolland Bank” ), both in Vernon, Connecticut. NewAlliance also has requested the B oard’s approval pursuant to sec tion 4(c)(8) and 4(j) of the BHC Act (12 U.S.C. § 4(c)(8) and 4(j)) and section 225.24 of the Board’s Regulation Y (12 C.F.R. 225.24)1 to acquire Connecticut Bancshares, Inc. and The Savings Bank of Manchester ( “ SBM ” ), both in Manchester, Connecticut .2 Notice of the proposal, affording interested persons an opportunity to submit comments, has been published ( 6 8 Federal Register 64,109 (2003)). The time for filing comments has expired, and the Board has considered the proposal and all comments received in light of the factors set forth in the BHC Act. NHSB is the eighth largest depository organization in Connecticut and controls approximately $1.9 billion in deposits, representing approximately 2.7 percent of total deposits in depository institutions in the state ( “ state deposits ” ) . 3 SBM is the 11th largest depository organiza tion in Connecticut, controlling approximately $1.7 billion in deposits, representing approximately 2.4 percent of state deposits. Tolland Bank is the 29th largest depository organization in Connecticut, controlling approximately $336 million in deposits, representing less than 1 percent of state deposits. On consummation of the proposal, NewAlliance would be the fifth largest depository organi zation in Connecticut, controlling approximately $3.9 bil lion in deposits, representing approximately 5.5 percent of state deposits. 1. NHSB, Tolland Bank, and SBM are chartered as Connecticut state savings banks. SBM does not meet the definition of “bank” for purposes of the BHC Act, because it is deemed to be a savings association under section 10(/) of the Home Owners’ Loan Act. See 12 U.S.C. §§ 1467a(Z), 1841(c) and (j). 2. This proposal involves the conversion of NHSB from mutual to stock form and the merger of SBM and Tolland Bank into NHSB under the new name NewAlliance Bank. The Federal Deposit Insur ance Corporation ( “FDIC” ) has notified NHSB of its intention not to object to the conversion of NHSB from mutual to stock form, and the Connecticut Department of Banking has approved the conversion of NHSB to stock form. NewAlliance has filed an application under the Bank Merger Act (12 U.S.C. § 1828(c)) with the FDIC and an applica tion with the Connecticut Department of Banking to complete the various mergers. 3. State deposits and ranking data are as of June 30, 2003. In this context, depository institutions include commercial banks, savings associations, and savings banks. Factors Governing Board Review o f the Transaction The BHC Act sets forth the factors that the Board must consider when reviewing the formation of a bank hold ing company or the acquisition of banks. These factors are the competitive effects of the proposal in the relevant geographic markets; the financial and managerial resources and future prospects of the companies and banks involved in the proposal; the convenience and needs of the com mu nity to be served, including the records of performance of insured depository institutions involved in the transaction under the Community Reinvestment Act (12 U.S.C. §2901 et seq.) ( “ CRA” ); and the availability of information needed to determine and enforce compliance with the BHC Act and other applicable law .4 The Board previously has determined by regulation that the operation of a savings association by a bank holding company is closely related to banking for purposes of section 4(c)(8) of the BHC A ct .5 In reviewing the proposal, the Board is required by section 4(j)(2)(A ) of the BHC Act to determine that the acquisition of SBM by NewAlliance “ can reasonably be expected to produce benefits to the public . . . that outweigh possible adverse effects, such as undue concentration of resources, decreased or unfair com petition, conflicts of interests, or unsound banking prac tices .” 6 As part of its evaluation of a proposal under these public interest factors, the Board reviews the financial and managerial resources of the companies involved and the effect of the proposal on competition in the relevant mar kets. In acting on notices to acquire a savings association, the Board also reviews the records of performance of the relevant insured depository institutions under the CRA. Competitive Considerations Section 3 of the BHC Act prohibits the Board from approv ing a proposal that would result in a monopoly or would be in furtherance of any attempt to monopolize the business of banking in any relevant banking market. The BHC Act also prohibits the Board from approving a proposed bank acqui sition that would substantially lessen competition in any relevant banking market unless the anticompetitive effects of the proposal are clearly outweighed in the public interest by the probable effect of the proposal in meeting the convenience and needs of the community to be served .7 The Board also must consider the competitive effects o f the proposal in the relevant markets under section 4 of the BHC Act in light of all the facts of record. NewAlliance proposes to acquire SBM and Tolland Bank, which currently compete in the Hartford, Connecti cut, banking m arket . 8 Consummation of the proposal would be consistent with the Department of Justice M erger 4. 12 U.S.C. § 1842(c). 5. 12 C.F.R. 225.28(b)(4)(ii). 6. 12 U.S.C. §1843(j)(2)(A ). 7. 12 U.S.C. § 1842(c)(1). 8. The Hartford banking market is defined as the Hartford-New Britain Ranally Metropolitan Area. Legal Developments Guidelines ( “DOJ Guidelines” ) and Board precedent .9 Although the market would remain highly concentrated after consummation, as measured by the HHI, the change in market shares and market structure would be small and numerous competitors would remain in the market . 10 The Department of Justice has advised the Board that consum mation of the proposal is not likely to have a significantly adverse effect on competition in any relevant banking market. Based on the facts of record, the Board concludes that consummation of the proposal would not have a signifi cantly adverse effect on competition or on the concentra tion of banking resources in the Hartford banking market or any other relevant banking market, and that competitive considerations are consistent with approval. Financial, Managerial, and Other Supervisory Factors In applications and notices involving the acquisition of an insured depository institution, the BHC Act requires the Board to consider the financial and managerial resources and future prospects of the companies and depository insti tutions involved in the proposal and certain other supervi sory factors. The Board has considered, among other things, confidential reports of examination, other confiden tial supervisory information received from the primary federal banking agency that supervises each institution, and public comments . 11 9. Under the DOJ Guidelines, 49 Federal Register 26,823 (1984), a market is considered highly concentrated if the post-merger Herfindahl-Hirschman Index ( “HHI” ) is more than 1800. The Depart ment o f Justice has informed the Board that a bank merger or acqui sition generally will not be challenged (in the absence of other factors indicating anticompetitive effects) unless the post-merger HHI is at least 1800 and the merger increases the HHI by more than 200 points. The Department o f Justice has stated that the higher than normal HHI thresholds for screening bank mergers for anticompetitive effects implicitly recognize the competitive effects of limited-purpose lenders and other nondepository financial institutions. 10. On consummation o f the proposal, New Alliance would become the fifth largest depository institution in the Hartford banking market, controlling deposits o f $2 billion, which represents approximately 4.8 percent o f total deposits in insured depository institutions in the market. The HHI would increase 5 points to 2355. These calculations use deposit and market share data as of June 30, 2003, and weight the deposits of thrift institutions, including Connecticut state savings banks, at 50 percent. The Board previously has indicated that thrift institutions have become, or have the potential to become, significant competitors o f commercial banks. See M idwest Financial Group, 75 Federal Reserve Bulletin 386 (1989); National City Corporation, 70 Federal Reserve Bulletin 743 (1984); First Hawaiian, Inc., 77 Fed eral Reserve Bulletin 52 (1991). The proportion of commercial and industrial lending engaged in by SBM, Tolland Bank, and two other Connecticut state savings banks operating in the Hartford banking market constitutes more than 10 percent of the total loan portfolio of each institution and is comparable with the proportion of commercial and industrial lending o f commercial banks operating in the market. If these institutions were weighted at 100 percent while other thrifts were weighted at 50 percent, the HHI would increase by 22 points to 2104. 11. A commenter suggested that the conversion of NHSB from mutual to stock form would result in the sale of the institution to a 243 NHSB, SBM, and Tolland Bank are well capitalized and New Alliance Bank would be well capitalized on consum mation o f the proposal. In addition, the Board has con sulted with the FDIC, the primary federal supervisor of the relevant depository institutions, and the Connecticut Department of Banking concerning the proposal. Based on all the facts of record, the Board has concluded that consid erations relating to the financial and managerial resources and future prospects of New Alliance and the institutions involved in the proposal are consistent with approval, as are the other supervisory factors under the BHC Act. Convenience and Needs Considerations In acting on proposals under section 3 of the BHC Act, the Board is also required to consider the effects of the pro posal on the convenience and needs of the communities to be served and to take into account the records o f the relevant insured depository institutions under the CRA. In addition, the Board reviews the records of performance under the CRA of the relevant insured depository institu tions when acting on a notice under section 4 of the BHC Act to acquire an insured savings association. The CRA requires the federal financial supervisory agencies to encourage financial institutions to help meet the credit needs of the local communities in which they operate, consistent with their safe and sound operation, and it requires the appropriate supervisory agency to take into account an institution’s record of meeting the credit needs of its entire community, including low- and moderate income ( “LM I” ) neighborhoods, in evaluating depository institution expansionary proposals. The Board has considered carefully the convenience and needs factor and the CRA performance records of NHSB, SBM, and Tolland Bank in light of all the facts of record, including public comments on the proposal. A commenter opposing the proposal alleged, based on data reported under the Home Mortgage Disclosure Act (12 U.S.C. §2801 et seq.) ( “ HMDA” ), that NHSB, SBM, and Tolland Bank disproportionately denied home mortgage credit to minorities in certain M etropolitan Statistical Areas ( “M SAs” ). In addition, the commenter expressed concern about possible branch closures and reductions in service after consummation of the proposal . 12 larger banking organization. Any subsequent proposed acquisition of New Alliance and NewAlliance Bank would be subject to approval by the appropriate federal and state banking agencies at that time under applicable law. 12. Another commenter urged the Board to require as a condition o f its approval that NewAlliance increase the amount of interest it pays on certain client trust accounts maintained by attorneys for the benefit of their clients. The Board notes that NewAlliance has repre sented that it would review the amount of interest NewAlliance Bank would pay on those accounts after consummation of the proposal. Moreover, although the Board has recognized that banks can help to serve the banking needs of communities by making certain products or services available at certain rates, the CRA does not require an institution to provide any specific types of products or services or prescribe the costs charged for them. 244 Federal Reserve Bulletin □ Spring 2004 A. C R A P erform ance Evaluation B. H M D A and Fair L ending Record As provided for in the CRA, the Board has evaluated the convenience and needs factor in light of examinations by the appropriate federal supervisors of the CRA perfor mance records of the relevant insured depository institu tions. An institution’s most recent CRA performance evaluation is a particularly important consideration in the applications process because it represents a detailed on-site evaluation of the institution’s overall record of per formance under the CRA by its appropriate federal supervisor . 13 NHSB received an “ outstanding” rating at its most recent CRA performance evaluation by the FDIC, as of July 8 , 2002. N H SB’s responsiveness to the credit needs of its community was found to be good. Examiners com mended N H SB’s record of home mortgage lending to borrowers of different income levels and its small business lending record. In addition, examiners commended the bank’s record of community development lending and its level of qualified investments. SBM received a “ satisfactory” rating at its most recent CRA performance evaluation by the FDIC, as of May 12, 2003. Examiners determined that SBM ’s CRA-related lending activities demonstrated a good responsiveness to the credit needs of its community and noted that SBM ’s home mortgage lending was particularly strong. In addi tion, examiners noted that SBM offered several flexible and innovative loan programs for individuals and small businesses. SBM also was found to have engaged in a significant level of qualified investments that benefited various programs, including affordable housing develop ments. Tolland Bank received a “ satisfactory” rating at its most recent CRA performance evaluation by the FDIC, as of November 15, 2001. Examiners commended Tolland Bank’s record of CRA-related lending among borrowers of different income levels and business customers of different sizes. In addition, examiners noted that the percentage of home mortgage loans made by Tolland Bank to lowincome borrowers in 1999 and 2000, and the percentage of such loans made by the bank in moderate-income commu nities in 2 0 0 0 , compared favorably with the percentages of these types of loans made by the aggregate lenders in the assessment area. Tolland Bank also was found to have provided strong retail banking and community develop ment services. New Alliance has represented that the CRA policy of New Alliance Bank would be modeled on the CRA pol icy of NHSB. The CRA record of NHSB indicates that New Alliance has the experience and expertise to establish and implement appropriate CRA policies and programs at NewAlliance Bank. As part of its CRA program, New Alliance has recently announced a five-year, $27.5 mil lion initiative to expand and develop affordable housing opportunities for LMI borrowers and in LMI communities. The Board also has carefully considered the lending records and HMDA data for NHSB, SBM, and Tolland Bank in light of comments received . 14 One commenter alleged that NHSB disproportionately denied AfricanAmerican and Hispanic applicants for home mortgage loans in the Connecticut MSAs o f Bridgeport, New Haven, and New London . 15 The commenter asserted that the denial disparity ratios for minority applications at N H S B 16 were higher than for nonminority applicants in these MSAs, and that those ratios compared unfavorably with the denial disparity ratios for lenders in the aggregate ( “ aggregate lenders ” ) . 17 The commenter also made the same allegations with regard to SBM ’s home purchase lending and criticized Tolland Bank’s level of lending to minorities in the Hartford, Connecticut, MSA. The 2001 and 2002 HMDA data indicate that NHSB and SBM had somewhat higher denial disparity ratios than aggregate lenders for total home mortgage lending to m i nority individuals in the Bridgeport, Hartford, New Haven, and New London MSAs. These data, however, indicate that NHSB and SBM demonstrated higher loan origination rates for mortgage loans to minority individuals in other areas. For example, N H SB’s origination rate for HMDAreportable loans to African-American and Hispanic appli cants in New Haven exceeded the rate for aggregate lend ers . 18 In addition, the 2002 HMDA data indicate that N H SB’s denial disparity ratio for Hispanic applicants for refinance loans in New Haven was less than the ratio for aggregate lenders. The 2002 HMDA data indicate that SBM ’s denial disparity ratio for African-American appli cants for all HMDA-reportable loans in Hartford was less than the ratio for aggregate lenders in 2002. The HMDA data also indicate that SBM ’s denial disparity ratios decreased between 2001 and 2002 in HMDAreportable lending to African-American and Hispanic applicants when compared with those ratios for aggregate lenders. The 2001 and 2002 HMDA data indicate a low volume of applications by minority individuals at Tolland Bank. As previously noted, Tolland Bank would be merged into NewAlliance Bank on consummation of the proposal. NewAlliance has indicated that NewAlliance Bank would implement N H SB’s current outreach program to minor 13. See Interagency Questions and Answers Regarding Community Reinvestment, 66 Federal Register 36,620 and 36,639 (2001). 14. The Board has reviewed HMDA data reported by NHSB, SBM, and Tolland Bank in 2001 and 2002 in the area cited by the commenter. 15. The commenter also expressed concern that N H SB’s volume of applications by minority individuals compares unfavorably with the volume of these applications for aggregate lenders. 16. The denial disparity ratio equals the denial rate for a particular racial category (for example, African-American) divided by the denial rate for whites. 17. In this context, the lending data of the aggregate lenders represent the cumulative lending for all financial institutions that have reported HMDA data in a given area. 18. The origination rate equals the total number of loans originated to applicants of a particular racial category divided by the number of applications received by members of that racial category. Legal Developments ity individuals and would modify outreach efforts as appropriate. Although the HMDA data reflect certain disparities in the rates of loan applications, originations, and denials among members of different racial groups in some areas, the data generally do not indicate that NHSB, SBM, or Tolland Bank are excluding any race or income segment of the population or geographic areas on a prohibited basis. The Board nevertheless is concerned when the record of an institution indicates disparities in lending and believes that all banks are obligated to ensure that their lending practices are based on criteria that ensure not only safe and sound lending, but also equal access to credit by creditworthy applicants regardless of their race, gender, or national origin. The Board recognizes, however, that HMDA data alone provide an incomplete measure of an institution’s lending in its community because these data cover only a few categories of housing-related lending. HMDA data, moreover, provide only limited information about the cov ered loans . 19 HMDA data, therefore, have limitations that make them an inadequate basis, absent other information, for concluding that an institution has not assisted ade quately in meeting its com munity’s credit needs or has engaged in illegal lending discrimination .20 Because of the limitations of HMDA data, the Board has considered these data carefully in light of other informa tion, including examination reports that provide an on-site evaluation of compliance with fair lending laws by NHSB, SBM, and Tolland Bank. In the latest performance evalua tions, examiners found no evidence of prohibited discrimi nation or other illegal credit practices or any substantive violations of fair lending laws at any of the institutions involved in the proposal. The record also indicates that NHSB has taken a number of affirmative steps to ensure compliance with fair lending laws and, as previously indicated, would implement N H SB’s compliance program as a model for NewAlliance Bank. NHSB has instituted compliance policies and proce dures to help ensure compliance with all fair lending and other consumer protection laws and regulations, employed 19. The data, for example, do not account for the possibility that an institution’s outreach efforts may attract a larger proportion of margin ally qualified applications than other institutions attract and do not provide a basis for an independent assessment of whether an applicant who was denied credit was, in fact, creditworthy. Credit history problems and excessive debt levels relative to income (reasons most frequently cited for a credit denial) are not available from HMDA data. 20. A commenter asserted, based solely on HMDA data and without providing any other supporting facts, that NHSB violated the Equal Credit Opportunity Act (15 U.S.C. § 1691) ( “ECOA” ) and HMDA. In evaluating the convenience and needs factors, the Board has considered confidential supervisory information and detailed information submitted by NewAlliance regarding N H SB’s fair lend ing policies and procedures and its plans to implement those policies at the combined institution. In addition, ECOA and HMDA provide that enforcement authority under those statutes is granted to the primary federal supervisor o f the institution, which is the FDIC in this case. The Board has forwarded the comments to the FDIC, and the FDIC has ample authority to enforce these provisions if violations are found. 245 officers and staff responsible for monitoring compliance, and conducted regular audits and reviews of compliance. As part of its compliance monitoring program, all denied loan applications are subject to a second-review process. In addition, NHSB has made efforts to increase its outreach to minority individuals by placing advertisements in Spanishlanguage newspapers and other publications serving minor ity communities. NewAlliance has stated that it would establish a self-assessment process for NewAlliance Bank, which would be reviewed by the compliance department. Moreover, NewAlliance’s compliance and internal audit staff would conduct training programs and independent compliance reviews of each NewAlliance Bank business unit with respect to certain regulations, including consumer compliance and fair lending laws and regulations. The Board also has considered the HMDA data in light of the overall lending and community development activi ties of NHSB, SBM, and Tolland Bank, which, as dis cussed above, show that all three institutions significantly assist in helping to meet the credit needs of their entire communities, including LMI areas. These established efforts demonstrate that the banks actively help to meet the credit needs of their entire communities. C. Branch Closings A commenter expressed concern about possible branch closures after the consummation of the proposal and sub sequent merger of NHSB, SBM, and Tolland Bank. NewAlliance has represented that it would adopt N H SB’s branch closure policies on consummation of the proposal and that any consolidations or branch closings would com ply with this policy and all applicable rules and regula tions. Moreover, NewAlliance has indicated that it would remain in each market currently served by NHSB, SBM, and Tolland Bank, and would not close any branches of any bank as part of the proposal’s consummation. Examin ers at N H SB’s most recent CRA performance evaluation reported that the bank’s branch network adequately served the retail banking needs of its assessment area. The Board also has considered the fact that federal banking law provides a specific mechanism for addressing branch closings .21 Federal law requires an insured deposi tory institution to provide notice to the public and to the appropriate federal supervisor before closing a branch. In addition, the Board notes that the FDIC, as the appropriate federal supervisor of NHSB, will continue to review its branch closing record in the course of conducting CRA performance evaluations. 21. Section 42 of the Federal Deposit Insurance Act (12 U.S.C. § 183 lr -1), as implemented by the Joint Policy Statement Regarding Branch Closings (64 Federal Register 34,844 (1999)), requires that a bank provide the public with at least 30 days’ notice and the appropri ate federal supervisory agency and customers of the branch with at least 90 days’ notice before the date of the proposed branch closing. The bank also is required to provide reasons and other supporting data for the closure, consistent with the institution’s written policy for branch closings. 246 Federal Reserve Bulletin □ Spring 2004 D. Conclusion on C onvenience and N eeds C onsiderations In reviewing the effect of the proposal on the convenience and needs of the communities to be served, the Board has carefully considered the entire record, including comments received and responses to the comments; evaluations of the performance of NHSB, SBM, and Tolland Bank under the CRA; and confidential supervisory information. The Board also considered information submitted by NewAlliance concerning the performance of NHSB, SBM, and Tolland Bank under the CRA since their last CRA performance evaluations and the policies and procedures in place to ensure compliance with fair lending laws, HMDA, and other applicable laws. Based on all the facts of record, and for reasons dis cussed above, the Board concludes that considerations relating to the convenience and needs factor, including the CRA performance records of the relevant depository insti tutions, are consistent with approval of the proposal. Other Considerations As part of its evaluation of the public interest factors under section 4 of the BHC Act, the Board also has carefully reviewed the public benefits and possible adverse effects of the proposed acquisition of SBM. The record indicates that consummation of the proposal would result in benefits to SBM ’s consumer and business customers. The proposal would allow NewAlliance to provide customers of SBM, as well as those of Tolland Bank and NHSB, with access to a broader array of commercial banking products and ser vices. Customers also would have access to expanded branch and ATM networks. Based on all the facts of record, the Board has determined that consummation of the proposal can reasonably be expected to produce public benefits that would outweigh any likely adverse effects under the standard of section 4 of the BHC Act. this conclusion, the Board has considered all the facts of record in light of the factors that it is required to consider under the BHC Act and other applicable statutes. The Board’s approval is specifically conditioned on compliance by NewAlliance with all the representations and commit ments made in connection with this Order and the receipt of all other regulatory approvals. The B oard’s approval of the nonbanking aspects o f the proposal also is subject to all the conditions set forth in Regulation Y, including those in sections 225.7 and 225.25(c) of Regulation Y (12 C.F.R. 225.7 and 225.25(c)), and to the Board’s authority to require such modification or termination of the activities of a bank holding company or any of its subsidiaries as the Board finds necessary to ensure compliance with, and to prevent evasion of, the provisions of the BHC Act and the Board’s regulations and orders issued thereunder. For pur poses of this action the commitments and conditions are deemed to be conditions imposed in writing by the Board in connection with its findings and decision and, as such, may be enforced in proceedings under applicable law. The banking acquisition shall not be consummated before the fifteenth calendar day after the effective date of this order, and the proposal may not be consummated later than three months after the effective date of this order, unless such period is extended for good cause by the Board or by the Federal Reserve Bank of Boston acting pursuant to delegated authority. By order of the Board of Governors, effective Febru ary 25, 2004. Voting for this action: Chairman Greenspan, Vice Chairman Fergu son, and Governors Gramlich, Bies, Olson, Bernanke, and Kohn. R o b e r t d eV . F r ie r s o n Deputy Secretary o f the Board O r d e r s I s s u e d u n d e r I n t e r n a t io n a l A ct b a n k in g Conclusion Based on the foregoing and in light of all the facts of record, the Board has determined that the applications and notice should be, and hereby are, approved . 22 In reaching 22. A commenter requested that the Board hold a public hearing on the proposal. Section 3 of the BHC Act does not require the Board to hold a public hearing on an application unless the appropriate super visory authority for any of the banks to be acquired makes a timely written recommendation of denial of the application. The Board has not received such a recommendation from any appropriate super visory authority. Under its rules, the Board also may, in its discretion, hold a public meeting or hearing on an application to acquire a bank if a meeting or hearing is necessary or appropriate to clarify factual issues related to the application and to provide an opportunity for testimony. 12 C.F.R. 225.16(e). In addition, section 4 of the BHC Act and the Board’s rules thereunder provide for a hearing on a notice to acquire a nonbanking company if there are disputed issues of material facts that cannot be resolved in some other manner. 12 C.F.R. 225.25(a)(2). The Board has considered carefully the commenter’s request in light o f all the facts of record. In the Board’s view, the public has had ample opportunity to submit comments on the pro- Gjensidige NOR Sparebank ASA Oslo, Norway Order Approving Establishment of a Branch Gjensidige NOR Sparebank ASA ( “Bank” ), Oslo, Nor way, a foreign bank within the meaning of the International Banking Act ( “ IBA” ), has applied under section 7(d) of posal, and in fact, the commenter has submitted written comments that the Board has considered carefully in acting on the proposal. The commenter’s request fails to identify disputed issues o f fact that are material to the Board’s decisions that would be clarified by a public hearing or meeting. Moreover, the commenter’s request fails to dem onstrate why its written comments do not present its views adequately or why a meeting or hearing otherwise would be necessary or appro priate. For these reasons, and based on all the facts of record, the Board has determined that a public hearing or meeting is not required or warranted in this case. Accordingly, the request for a public hearing or meeting on the proposal is denied. Legal Developments the IBA (12 U.S.C. § 3105(d)) to establish a branch in New York, New York. The Foreign Bank Supervision Enhancement Act of 1991, which amended the IBA, pro vides that a foreign bank must obtain the approval of the Board to establish a branch in the United States. Notice of the application, affording interested persons an opportunity to comment, has been published in newspapers of general circulation in New York, New York (New York Post, July 18, 2003). The time for filing comments has expired, and all comments have been considered. Bank, with total assets of $37.3 billion, is the third largest bank in Norway . 1 It is a wholly owned subsidiary of DnB NOR ASA ( “ DnB N O R” ), which was formed as a result of a merger in 2003 of Bank’s former parent, Gjensidige NOR ASA, with DnB Holding ASA, all in Oslo. DnB NOR is the holding company for Norw ay’s largest financial services group. The government of Nor way controls approximately 31.3 percent of the shares of DnB N O R .2 In addition, Stiftelsen Gjensidige NOR Sparebank (a savings bank foundation) controls 10.3 per cent and Gjensidige NOR Forsikring (an insurance com pany) controls 5.4 percent of the shares of DnB NOR. No other shareholder controls more than 5 percent of DnB N O R’s voting shares. DnB NOR provides a wide variety of financial services, including retail and corporate banking, insurance, brokerage services, and asset management. Bank is primarily engaged in retail and corporate banking and real estate brokerage services. DnB NOR and Bank are qualifying foreign banking organizations pursuant to Regu lation K. Bank currently has no operations in the United States. However, Den norske Bank ASA (“ Den norske Bank” ), also in Oslo and a wholly owned subsidiary of DnB NOR, operates a branch in New York. DnB NOR intends to merge Den norske Bank into Bank, with Bank as the surviving entity. Bank’s proposed New York branch would assume the banking activities of Den norske Bank’s New York branch, which include lending, letters of credit and overdraft facilities, foreign exchange transactions, cash management, and financial advisory services. In order to approve an application by a foreign bank to establish a branch in the United States, the IBA and Regu lation K require the Board to determine that the foreign bank applicant engages directly in the business of banking outside of the United States and has furnished to the Board the information it needs to assess the application ade quately. The Board also shall take into account whether the foreign bank and any foreign bank parent is subject to comprehensive supervision or regulation on a consoli dated basis by its home country supervisor (12 U.S.C. 1. Asset data are as o f September 30, 2003. 2. In accordance with a decision by the Norwegian Parliament, the government is expected to increase its ownership interest to 34 per cent by the end o f 2004. The government holds its interest through a separate legal entity, the Government Bank Investment Fund (“Fund” ). The Fund was established in 1991 as part of a package of measures intended to resolve Norway’s banking crisis. The govern ment intends to dissolve the Fund in 2004, after which the govern ment’s interest in DnB NOR will be held by Norway’s Ministry of Trade and Industry. 247 § 3 105(d)(2); 12 C.F.R. 211.24).3 The Board may also take into account additional standards as set forth in the IBA and Regulation K (12 U.S.C. §3105(d)(3)-(4); 12 C.F.R. 211.24(c)(2)-(3)). As noted above, Bank engages directly in the business of banking outside the United States. Bank also has provided the Board with information necessary to assess the applica tion through submissions that address the relevant issues. W ith respect to supervision by home country authorities, the Board has previously determined, in connection with an election to be treated as a financial holding company, that another bank in Norway was subject to home country supervision on a consolidated basis .4 Bank is supervised by N orway’s home country supervisor, Kredittilsynet, on sub stantially the same terms and conditions as that other bank. Based on all the facts of record, it has been determined that Bank is subject to comprehensive supervision on a consoli dated basis by its home country supervisor. The Board has also taken into account the additional standards set forth in section 7 of the IBA and Reg ulation K (see 12 U.S.C. §3105(d)(3)-(4); 12 C.F.R. 211.24(c)(2)-(3)). Kredittilsynet has no objection to the establishment of the proposed branch. N orw ay’s risk-based capital standards are consistent with those established by the Basel Capital Accord. Bank’s capital is in excess of the minimum levels that would be required by the Basel Capital Accord and is consid ered equivalent to capital that would be required of a U.S. banking organization. Managerial and other finan cial resources of Bank also are considered consistent with approval, and Bank appears to have the experience and capacity to support the proposed branch. In addition, Bank has established controls and procedures for the pro posed branch to ensure compliance with U.S. law, as well as controls and procedures for its worldwide operations generally. Norway is a member of the Financial Action Task Force and subscribes to its recommendations on measures to combat money laundering. In accordance with these rec ommendations, Norway has enacted laws and created legis lative and regulatory standards to deter money laundering. 3. In assessing this standard, the Board considers, among other factors, the extent to which the home country supervisors: (i) ensure that the bank has adequate procedures for monitoring and controlling its activities worldwide; (ii) obtain information on the condition of the bank and its subsid iaries and offices through regular examination reports, audit reports, or otherwise; (iii) obtain information on the dealings with and relationship between the bank and its affiliates, both foreign and domestic; (iv) receive from the bank financial reports that are consolidated on a worldwide basis or comparable information that permits analysis of the bank’s financial condition on a worldwide consolidated basis; (v) evaluate prudential standards, such as capital adequacy and risk asset exposure, on a worldwide basis. These are indicia of comprehensive, consolidated supervision. No single factor is essential, and other elements may inform the Board’s determination. 4. See Board Letter dated November 19, 2003, to Robert D. Webster, Esq. 248 Federal Reserve Bulletin □ Spring 2004 Money laundering is a criminal offense in Norway, and financial institutions are required to establish internal poli cies, procedures, and systems for the detection and preven tion of money laundering throughout their worldwide operations. Bank has policies and procedures to comply with these laws and regulations. Bank’s compliance with applicable laws and regulations is monitored by Bank’s auditors and Kredittilsynet. With respect to access to information about Bank’s operations, the Board has reviewed the restrictions on disclosure in relevant jurisdictions in which Bank operates and has communicated with relevant government authori ties regarding access to information. Bank and its ultimate parent, DnB NOR, have committed to make available to the Board such information on the operations of Bank and any of its affiliates that the Board deems necessary to determine and enforce compliance with the IB A, the Bank Holding Company Act, and other applicable federal law. To the extent that the provision of such information to the Board may be prohibited by law or otherwise, Bank and its ultimate parent have committed to cooperate with the Board to obtain any necessary consents or waivers that might be required from third parties for disclosure of such information. In addition, subject to certain conditions, Kredittilsynet may share information on Bank’s operations with other supervisors, including the Board. In light of these commitments and other facts of record, and subject to the condition described below, it has been determined that Bank has provided adequate assurances of access to any necessary information that the Board may request. On the basis o f all the facts of record, and subject to the commitments made by Bank and its ultimate par ent, as well as the terms and conditions set forth in this order, Bank’s application to establish a branch is hereby approved .5 Should any restrictions on access to inform a tion on the operations or activities of Bank and its affiliates subsequently interfere with the Board’s ability to obtain information to determine and enforce compliance by Bank or its affiliates with applicable federal statutes, the Board may require termination o f any of Bank’s direct or indirect activities in the United States. Approval of this application also is specifically conditioned on compliance by Bank with the commitments made in connection with this appli cation and with the conditions in this order .6 These commit ments and conditions are deemed to be conditions imposed in writing by the Board in connection with this decision and, as such, may be enforced in proceedings under appli cable law against Bank and its affiliates. By order, approved pursuant to authority delegated by the Board, effective January 16, 2004. R o b e r t deV . F r ie r s o n Deputy Secretary o f the Board 5. Approved by the Director of the Division of Banking Super vision and Regulation, with the concurrence of the General Counsel, pursuant to authority delegated by the Board. 6. The Board’s authority to approve the establishment o f the proposed branch parallels the continuing authority of the State of New York to license offices of a foreign bank. The Board’s approval of this application does not supplant the authority of the State of New York to license the proposed office o f Bank in accordance with any terms or conditions that it may impose. 249 Membership of the Board of Governors of the Federal Reserve System, 1913-2003 A p p o in t e d M e m b e r s ' N Federal Reserve District Charles S. Hamlin ........... ....Boston .............. Date initially took oath of office Aug. 10, 1914 Paul M. Warburg ............. ... .New Y ork.......... ......Aug. Frederic A. Delano .......... ....Chicago ............. ......Aug. W.P.G. Harding ................ ....Atlanta .............. ......Aug. Adolph C. Miller ............. ....San Francisco ... Aug. 10, 10, 10, 10, 1914 1914 1914 1914 Albert Strauss .................. ... .New Y ork.......... ......Oct. 26, 1918 Henry A. Moehlenpah .... ....Chicago ............. ......Nov. 10, 1919 Edmund Platt ........................ . . . .New Y ork.......... ......June 8, 1920 David C. W ills................. ....C leveland.......... ......Sept. 2 9 , 1920 John R. Mitchell .............. ....Minneapolis ...... ........May 12, 1921 Milo D. Campbell ............... ....Chicago ................. ........Mar. 14, 1923 Daniel R. Crissinger ......... ....C leveland.......... ......May 1, 1923 George R. James ................. . . . .St. Louis ............... ......May 14, 1923 Edward H. Cunningham .. ....Chicago ............. ......May 14, 1923 Roy A. Y oung.................. ....Minneapolis ...... ......Oct. 4, 1927 Eugene Meyer ................. . . . .New Y ork ............. ........ Sept. 16, 1930 Wayland W. M agee ............. . . . .Kansas City ........ ........May 18, 1931 Eugene R. B lack ................... ....Atlanta ................... ........May 19, 1933 M.S. Szymczak .................... ....Chicago ............. ......June 14, 1933 J.J. T hom as....................... . . . .Kansas City ...... ......June 14, 1933 Marriner S. E ccles........... . . . .San Francisco . . . Nov. 15, 1934 Joseph A. Broderick ........ . . . .New Y ork.......... ........Feb. 3, 1936 John K. McKee ..................... ....C leveland ............. ......Feb. 3, 1936 Ronald R ansom ..................... ....Atlanta .............. ......Feb. 3, 1936 Ralph W. M orrison...............Dallas ..................... ........Feb. 10, 1936 Chester C. Davis ................. ....Richmond ........... ........June 2 5 , 1936 Ernest G. Draper ................. . . . .New Y ork ............. ........Mar. 30, 1938 Rudolph M. Evans ............. . ...Richmond ........... ......Mar. 14, 1942 James K. Vardaman, Jr. ....St. Louis ........... ......Apr. 4, 1946 Lawrence C layton............. ...Boston .............. ......Feb. 14, 1947 Thomas B. M cC abe..............Philadelphia ...... ......Apr. 15, 1948 Edward L. Norton.............. ...Atlanta .............. ......Sept. 1, 1950 Oliver S. Powell ............... ...Minneapolis ...... ........Sept. 1, 1950 Wm. McC. Martin, Jr. ....... . . . .New Y ork.......... ......April 2, 1951 A.L. Mills, Jr. .................... ...San Francisco ... ......Feb. 18, 1952 J.L. Robertson .................. . . .Kansas City ...... ......Feb. 18, 1952 C. Canby Balderston........ ...Philadelphia ...... ......Aug. 12, 1954 Paul E. Miller .................... ...Minneapolis ...... ......Aug. 13, 1954 Chas. N. Shepardson........ ...Dallas ..................... ........Mar. 17, 1955 G.H. King, Jr....................... ...Atlanta .............. ......Mar. 25, 1959 George W. Mitchell .......... ...Chicago ....................Aug. 31, 1961 J. Dewey Daane ................ ...Richmond ..................Nov. 29, 1963 Sherman J. M aisel ................. .. .San Francisco . . . ........Apr. 3 0 , 1965 Andrew F. Brim m er ............. ...Philadelphia ........ ......Mar. 9, 1966 William W. Sherrill .......... ...D a lla s ...................... ........May 1, 1967 Arthur F. Burns ....................... .. .New Y ork.................Jan. 31, 1970 John E. Sheehan ................ .. .St. Louis ............ ......Jan. 4, 1972 Jeffrey M. Bucher ............. ...San Francisco ..........June 5, 1972 Robert C. H olland............. .. .Kansas City .............June 11, 1973 Henry C. Wallich .............. ...Boston .................... ....... Mar. 8, 1974 Other dates and information relating to membership2 R e a p p o in te d in 1 91 6 a nd 1926. S e rv e d u n til F eb. 3, 1 9 3 6 .3 T e rm e x p ire d A u g . 9 , 1918. R e s ig n e d J u ly 2 1, 1918. T e rm e x p ire d A u g . 9, 1922. R e a p p o in te d in 1924. R e a p p o in te d in 1 93 4 fro m the R ic h m o n d D is tric t. S e rve d u n til F e b. 3, 1 9 3 6 .3 R e s ig n e d M a r. 15, 1920. T e rm e x p ire d A u g . 9 , 1920. R e a p p o in te d in 1928. R e s ig n e d S ept. 14, 1930. T e rm e x p ire d M a r. 4 , 1921. R e s ig n e d M a y 12, 1923. D ie d M a r. 2 2, 1923. R e s ig n e d S ept. 15, 1927. R e a p p o in te d in 1 93 1. S e rve d u n til F e b. 3, 1 9 3 6 .4 D ie d N o v . 2 8 , 1930. R e s ig n e d A u g . 3 1 , 1930. R e s ig n e d M a y 10, 1933. T e rm e x p ire d Jan. 2 4, 1933. R e s ig n e d A u g . 15, 1934. R e a p p o in te d in 1936 a n d 1 94 8. R e s ig n e d M a y 3 1, u n til F e b. 10, 1 9 3 6 .3 R e a p p o in te d in 193 6, 1940, a nd 194 4. R e s ig n e d J u ly 14, 1951. R e s ig n e d S ept. 3 0 , 1937. S e rve d u n til A p r. 4 , 1 9 4 6 .3 R e a p p o in te d in 1 94 2. D ie d D e c . 2 , 194 7. R e s ig n e d J u ly 9 , 1936. R e a p p o in te d in 1940. R e s ig n e d A p r. 15, 1941. S e rve d u n til S ept. 1, 1 9 5 0 .3 S e rve d u n til A u g . 13, 1 9 5 4 .3 R e s ig n e d N o v . 3 0 , 1958. D ie d D e c . 4 , 1949. R e s ig n e d M a r. 3 1, 1951. R e s ig n e d Jan. 3 1 , 1952. R e s ig n e d Ju ne 3 0 , 1952. R e a p p o in te d in 1956. T e rm e x p ire d Jan. 3 1 , 1970. R e a p p o in te d in 1958. R e s ig n e d F e b. 2 8 , 1965. R e a p p o in te d in 1964. R e s ig n e d A p r. 3 0 , 1973. S e rve d th ro u g h F e b. 2 8 , 1966. D ie d O c t. 2 1 , 1954. R e tire d A p r. 3 0, 1967. R e a p p o in te d in 196 0. R e s ig n e d S ept. 18, 1963. R e a p p o in te d in 1962. S e rv e d u n til F e b. 13, 1 9 7 6 .3 S e rve d u n til M a r. 8, 1 9 7 4 .3 S e rve d th ro u g h M a y 3 1 , 1972. R e s ig n e d A u g . 3 1, 1974. R e a p p o in te d in 1968. R e s ig n e d N o v . 15, 1971. T e rm b e g a n F e b. 1, 1970. R e s ig n e d M a r. 3 1, 1978. R e s ig n e d Ju ne 1, 1975. R e s ig n e d Jan. 2, 1976. R e s ig n e d M a y 15, 1976. R e s ig n e d D e c . 15, 1986. 250 Federal Reserve Bulletin □ Spring 2004 Name Federal Reserve District Philip E. Coldw ell.......... ......Dallas ................... ...Oct. 29, 1974 Philip C. Jackson, J r ..............Atlanta ................. ...July 14, 1975 J. Charles Partee ............. ......Richmond ............ ...Jan. 5, 1976 Stephen S. G ardner................Philadelphia ......... ...Feb. 13, 1976 David M. Lilly ................ ......Minneapolis ......... ...June 1, 1976 G. William Miller .......... ......San Francisco ...... ...Mar. 8, 1978 Nancy H. Teeters ........... ......Chicago ................ ...Sept. 18, 1978 Emmett J. Rice .............. ......New Y ork............. ...June 20, 1979 Frederick H. Schultz ...... ......Atlanta ................. ...July 27, 1979 Paul A. V olcker.............. ......Philadelphia ......... ...Aug. 6, 1979 Lyle E. Gramley ............. ......Kansas City ......... ...May 28, 1980 Preston Martin ................ ......San Francisco ...... ...Mar. 31, 1982 Martha R. Seger ............. ......Chicago ................ ...July 2, 1984 Wayne D. Angell ........... ......Kansas City ......... ...Feb. 7, 1986 Manuel H. Johnson ....... ......Richmond ............ ...Feb. 7, 1986 H. Robert H eller............. ......San Francisco ...... ...Aug. 19, 1986 Edward W. Kelley, Jr....... ......Dallas ................... ...May 26, 1987 Alan Greenspan ............. ......New Y ork............. ...Aug. 11, 1987 John P. LaWare .............. ......Boston ................. ...Aug. 15, 1988 David W. Mullins, Jr. .... ......St. Louis ............... ...May 21, 1990 Lawrence B. Lindsey ......Richmond ............ ...Nov. 26, 1991 Susan M. P hillips........... ......Chicago ................ ...Dec. 2, 1991 Alan S. Blinder .............. ......Philadelphia ......... ...June 27, 1994 Janet L. Yellen ................ ......San Francisco ...... ...Aug. 12, 1994 Laurence H. Meyer ....... ......St. Louis ............... ...June 24, 1996 Alice M. Rivlin .............. ......Philadelphia ......... ...June 25, 1996 Roger W. Ferguson, Jr. .. ......Boston ................. ...Nov. 5, 1997 Edward M. Gramlich .... ......Richmond ............ ...Nov. 5, 1997 Susan S. B ie s................... ......Chicago ................ ...Dec. 7, 2001 Mark W. Olson .............. ......Minneapolis ......... ...Dec. 7, 2001 Ben S. Bernanke............. ......Atlanta ................. ...Aug. 5, 2002 Donald L. Kohn ............. ......Kansas City ......... ...Aug. 5,2002 Chairmen ^ Charles S. Hamlin .............. Aug. 10, 1914-Aug. 9, 1916 W.RG. Harding ...................Aug. 10, 1916-Aug. 9, 1922 Daniel R. Crissinger ..........May 1, 1923-Sept. 15, 1927 Roy A. Y oung..................... Oct. 4, 1927-Aug. 31, 1930 Eugene Meyer ....................Sept. 16, 1930-May 10, 1933 Eugene R. B lack................. May 19, 1933-Aug. 15, 1934 Marriner S. E ccles.............. Nov. 15, 1934-Jan. 31, 19485 Thomas B. M cC abe........... Apr. 15, 1948-Mar. 31, 1951 Wm. McC. Martin, Jr. ....... Apr. 2, 1951-Jan. 31, 1970 Arthur F. Burns .................. Feb. 1, 1970-Jan. 31, 1978 G. William Miller .............. Mar. 8, 1978-Aug. 6, 1979 Paul A. V olcker.................. Aug. 6, 1979-Aug. 11, 1987 Alan Greenspan ................. Aug. 11, 1987— 6 Other dates and information relating to membership 2 Date initially took oath of office Served through Feb. 29, 1980. Resigned Nov. 17, 1978. Served until Feb. 7, 1986.3 Died Nov. 19, 1978. Resigned Feb. 24, 1978. Resigned Aug. 6, 1979. Served through June 27, 1984. Resigned Dec. 31, 1986. Served through Feb. 11, 1982. Resigned August 11, 1987. Resigned Sept. 1, 1985. Resigned April 30, 1986. Resigned March 11, 1991. Served through Feb. 9, 1994. Resigned August 3, 1990. Resigned July 31, 1989. Reappointed in 1990; resigned Dec. 31, 2001. Reappointed in 1992. Resigned April 30, 1995. Resigned Feb. 14, 1994. Resigned Feb. 5, 1997. Served through June 30, 1998. Term expired Jan. 31, 1996. Resigned Feb. 17, 1997. Term expired Jan. 31, 2002. Resigned July 16, 1999. Reappointed in 2001. Reappointed in 2003. Vice C h airm en 4 Frederic A. D elan o.............Aug. 10, 1914-Aug. 9, 1916 Paul M. Warburg ................Aug. 10, 1916-Aug. 9, 1918 Albert Strauss ..................... Oct. 26, 1918-Mar. 15, 1920 Edmund Platt ..................... July 23, 1920-Sept. 14, 1930 J.J. T hom as......................... Aug. 21, 1934-Feb. 10, 1936 Ronald R ansom .................. Aug. 6 , 1936-Dec. 2, 1947 C. Canby Balderston..........Mar. 11, 1955-Feb. 28, 1966 J.L. Robertson ....................Mar. 1, 1966-Apr. 30, 1973 George W. Mitchell ........... May 1, 1973-Feb. 13, 1976 Stephen S. G ardner.............Feb. 13, 1976-Nov. 19, 1978 Frederick H. Schultz .......... July 27, 1979-Feb. 11, 1982 Preston Martin .................... Mar. 31, 1982-Apr. 30, 1986 Manuel H. Johnson ........... Aug. 4, 1986-Aug. 3, 1990 David W. Mullins, Jr............July 24, 1991-Feb. 14, 1994 Alan S. Blinder ...................June 27, 1994-Jan. 31, 1996 Alice M. Rivlin ...................June 25, 1996-July 16, 1999 Roger W. Ferguson, Jr.........Oct. 5, 1999- Notes and list o f ex officio members appear on page 251. Membership of the Board of Governors of the Federal Reserve System, 1913-2003 E x -O f f ic io M em bers 251 1 S e c re ta rie s o f the T reasury C o m p tro lle rs o f the C u rren cy W.G. McAdoo ....................Dec. 23, 1913-Dec. 15, 1918 Carter Glass ........................ Dec. 16, 1918-Feb. 1, 1920 David F. H ouston................Feb. 2, 1920-Mar. 3, 1921 Andrew W. M ellon .............Mar. 4, 1921-Feb. 12, 1932 Ogden L. Mills .................. Feb. 12, 1932-Mar. 4, 1933 William H. Woodin ........... Mar. 4, 1933-Dec. 31, 1933 Henry Morgenthau, Jr. ....... Jan. 1, 1934-Feb. 1, 1936 John Skelton W illiam s....... Feb. 2, 1914-Mar. 2, 1921 Daniel R. Crissinger ..........Mar. 17, 1921-Apr. 30, 1923 Henry M. Dawes ................May 1, 1923-Dec. 17, 1924 Joseph W. McIntosh ..........Dec. 20, 1924-Nov. 20, 1928 J.W. P o le ..............................Nov. 21, 1928-Sept. 20, 1932 J.F.T. O’C onnor.................. May 11, 1933-Feb. 1, 1936 1. Under the provisions of the original Federal Reserve Act, the Federal Reserve Board was composed of seven members, including five appointed members, the Secretary of the Treasury, who was ex-officio chairman of the Board, and the Comptroller of the Currency. The original term of office was ten years, and the five original appointed members had terms of two, four, six, eight, and ten years respectively. In 1922 the number of appointed members was increased to six, and in 1933 the term of office was increased to twelve years. The Banking Act of 1935, approved Aug. 23, 1935, changed the name of the Federal Reserve Board to the Board of Governors of the Federal Reserve System and provided that the Board should be composed of seven appointed mem bers; that the Secretary of the Treasury and the Comptroller of the Currency should continue to serve as members until Feb. 1, 1936; that the appointed members in office on the date of that act should continue to serve until Feb. 1, 1936, or until their successors were appointed and had qualified; and that thereafter the terms of members should be fourteen years and that the designa tion of Chairman and Vice Chairman of the Board should be for a term of four years. 2. Date following Resigned and Retired denotes final day of service. 3. Successor took office on this date. 4. Chairman and Vice Chairman were designated Governor and Vice Gover nor before Aug. 23, 1935. 5. Served as Chairman Pro Tempore from February 3, 1948, to April 15, 1948. 6. Served as Chairman Pro Tempore from March 3, 1996, to June 20, 1996. 252 Federal Reserve Bulletin □ Spring 2004 Federal Reserve Board of Governors and Official Staff A G r een spa n, lan W. R oger O f f ic e Chairman Vice Chairman F e r g u s o n , J r ., of board m em bers Edw ard M. G r a m l ic h S u s a n S c h m id t B ie s D IV IS IO N O F IN T E R N A T IO N A L F IN A N C E M ic h e l l e A . S m i t h , D ire cto r K a r e n H . J o h n s o n , D irecto r W in t h r o p P. H a m b l e y , A ssistan t to the B oard and D a v id H . H o w a r d , D epu ty D irector D irecto r f o r C on gression al Liaison R o s a n n a P i a n a l t o - C a m e r o n , Special A ssistan t to the Board D a v id W . S k i d m o r e , S pecial A ssistan t to the B oard L a r ic k e D . B l a n c h a r d , S pecial A ssistant to the B oard f o r C ongressional Liaison T h o m a s A . C o n n o r s , A ssociate D irector W il l i a m D ale L . H e l k i e , Senior A d viser W . H e n d e r s o n , S en ior A d v iser R i c h a r d T. F r e e m a n , D epu ty A sso cia te D irector S t e v e n B . K a m i n , D epu ty A ssociate D irecto r J o n W . F a u s t , A ssistan t D irector Legal D iv is io n J. V i r g i l M a t t i n g l y , Jr., G en eral Counsel S c o t t G . A l v a r e z , A sso cia te G eneral Counsel R i c h a r d M . A s h t o n , A ssociate G eneral Counsel S t e p h a n i e M a r t i n , A ssociate G eneral Counsel K a t h l e e n M . O ’D a y , A sso cia te G eneral Counsel A n n E . M is b a c k , A ssistan t G eneral Counsel S t e p h e n L . S i c i l i a n o , A ssistan t G eneral Counsel K a t h e r i n e H . W h e a t l e y , A ssistan t G eneral Counsel C a r y K . W i l l i a m s , A ssista n t G eneral Counsel O F F IC E O F TH E S E C R E T A R Y J e n n i f e r J. J o h n s o n , Secretary R obert M d e V. argaret F r i e r s o n , D epu ty Secretary M . S h a n k s , A ssistan t Secretary J o s e p h E . G a g n o n , A ssistan t D irecto r W il l e n e A . J o h n s o n , A d v iser M ic h a e l P. L e a h y , A ssistan t D irecto r D. N S h e e t s , A ssistan t D irecto r athan R a l p h W . T r y o n , A ssistan t D irecto r d iv is io n o f D a v id Research and S t a t is t ic s J. S t o c k t o n , D irector E d w a r d C . E t t i n , D epu ty D irecto r D a v id W . W i l c o x , D epu ty D irector M yron L . K w a s t , A ssociate D irector S t e p h e n D . O l i n e r , A ssociate D irector P a t r ic k M . P a r k i n s o n , A ssociate D irecto r L a w r e n c e S l i f m a n , A sso cia te D irecto r C h a r l e s S . S t r u c k m e y e r , A ssociate D irecto r A l ic e P a t r ic i a W h it e , D epu ty A ssociate D irecto r D IV IS IO N O F B A N K IN G S U P E R V IS IO N A N D R E G U L A T IO N J o y c e K . Z i c k l e r , D epu ty A sso cia te D irecto r R ic h a r d S p i l l e n k o t h e n , D irecto r S t e p h e n M . H o f f m a n , J r ., D epu ty D irector J. N e l l i e L i a n g , A ssistan t D irector S en ior A sso cia te D irector R o g e r T. C o l e , Senior A ssociate D irector M i c h a e l G . M a r t i n s o n , S en ior A d viser S t e p h e n C . S c h e m e r i n g , S en ior A dviser D e b o r a h P. B a i l e y , A sso cia te D irector N o r a h M . B a r g e r , A ssociate D irector B e t s y C r o s s , A sso ciate D irector G e r a l d A . E d w a r d s , J r ., A ssociate D irector J a m e s V. H o u p t , A ssociate D irector J a c k P. J e n n i n g s , A ssociate D irecto r P e t e r J. P u r c e l l , A sso cia te D irector M o l l y S . W a s s o m , A ssociate D irector D a v id M . W r i g h t , A ssociate D irector H o w a r d A . A m e r , D epu ty A sso cia te D irector B a r b a r a J. B o u c h a r d , D epu ty A ssociate D irector A n g e l a D e s m o n d , D epu ty A ssociate D irector J a m e s A . E m b e r s i t , D epu ty A sso cia te D irecto r C h a r l e s H . H o l m , D epu ty A ssociate D irector W i l l i a m G . S p a n i e l , D epu ty A ssociate D irector S t a c y C o l e m a n , A ssista n t D irecto r J o n D . G r e e n l e e , A ssistan t D irecto r W a l t H . M i l e s , A ssistan t D irecto r W i l l i a m F. T r e a c y , A ssistan t D irector W i l l i a m C . S c h n e i d e r , J r ., P ro ject Director, N ation al Inform ation C enter D H erbert A . B ie r n , M i c h a e l G i b s o n , A ssistan t D irector S . W a y n e P a s s m o r e , A ssistan t D irector a v id L . R e i f s c h n e i d e r , A ssistan t D irecto r Ja n ic e S h a c k - M W il l i a m M ary arquez, A ssistan t D irector L . W a s c h e r H I, A ssistan t D irector M. W est, A ssistan t D irector G l e n n B . C a n n e r , S en ior A d v iser D a v id S . J o n e s , Sen ior A d v iser T h o m a s D . S i m p s o n , Senior A d viser D IV IS IO N O F M O N E T A R Y A F F A IR S V i n c e n t R . R e i n h a r t , D irector B r i a n F. M a d ig a n , D epu ty D irector J a m e s A . C l o u s e , D epu ty A sso cia te D irecto r W il l ia m C . W h it e s e l l , D epu ty A ssociate D irecto r C h e r y l L . E d w a r d s , A ssistan t D irector W il l i a m B . E n g l i s h , A ssistan t D irector R i c h a r d D . P o r t e r , Senior A dviser A t h a n a s i o s O r p h a n i d e s , A d v iser N o r m a n d R .V . B e r n a r d , Special A ssistan t to the B oard 253 M W. O l s o n S. B e r n a n k e en D iv is io n o f and C C A f f a ir s onald D o n su m er o m m u n it y L. D ark B iv is io n o f and Paym Kohn Reserve ent ban k O p e r a t io n s S ystem s S a n d r a F. B r a u n s t e i n , D irector L o u i s e L . R o s e m a n , D irecto r G l e n n E. L o n e y , D epu ty D irecto r P a u l W . B e t t g e , A sso cia te D irector A d r i e n n e D . H u r t , A sso ciate D irector Je f f r e y C . M A ssociate D irector J a m e s A . M i c h a e l s , A ssistan t D irector T o n d a E. P r i c e , A ssista n t D irector K e n n e t h D . B u c k l e y , A ssistan t D irector Ir e n e S h a w n M cN ulty, arquardt, A ssociate D irector Jo s e p h H . H a y e s , J r ., A ssistan t D irector L is a H o s k i n s , A ssistan t D irecto r D o r o t h y L a C h a p e l l e , A ssistan t D irector O E d g a r A. M f f ic e o f Staff D ir e c t o r f o r M anagem ent Managem alph rus, ent D O f f ic e iv is io n R . P a u l e y , A sso ciate D irector B i l l y J. S a u l s , A ssista n t D irector D o n a l d A . S p ic e r , A ssista n t D irector iv is io n o f M a r ia n n e M aureen In f o r m a t io n Te c h nology M . E m e r s o n , D irector T. H a n n a n , D epu ty D irector T i l l e n a G . C l a r k , A ssista n t D irector G e a r y L. C u n n i n g h a m , A ssistan t D irector W a y n e A . E d m o n d s o n , A ssistan t D irector P o K y u n g K i m , A ssista n t D irector A ssista n t D irector A ssistan t D irecto r R o m e r o , A ssista n t D irector S u s a n F. M arycz, S h a r o n L. M R aym ond ow ry, o f t h e in s p e c t o r General D o n a l d L . R o b i n s o n , D epu ty In spector G eneral C h r i s t i n e M . F i e l d s , A ssistan t D irector D III, A ssistan t D irector B a r r y R . S n y d e r , In spector G eneral S t e p h e n J. C l a r k , A ssociate D irector arrell a r t in d a l e W . R e i d h i l l , A ssistan t D irector J a c k K . W a l t o n II, A ssistan t D irector H . F ay P e t e r s , D irector D a r sh a J e f f J. S t e h m , A ssistan t D irector S taff D irector S h e i l a C l a r k , EEO P rogram s D irector L y n n S . F o x , Senior A d viser S tephen R. M M 254 Federal Reserve Bulletin □ Spring 2004 Federal Open Market Committee and Advisory Councils F e d e r a l O p e n M a r k e t C o m m it t e e M em bers A lan T i m o t h y F. G e i t h n e r , Vice Chairm an G r e e n s p a n , Chairman T h o m a s M . H o e n ig M S u s a n S c h m i d t B ie s D S a n d r a P ia n a l t o R o g e r W . F e r g u s o n , J r. C ath y E. M B e n S. B ernank e L. Kohn onald ark W . O lso n W il l ia m A in e h a n nthony P oole E d w a r d M . G r a m l ic h A ltern ate M em bers C h r is t in e M . C u m m in g R obert D. M cT ee r , Jr . M ic h a e l G ary H. H. M o sk o w M . S antom ero Stern Staff V i n c e n t R . R e i n h a r t , S ecretary and Econom ist J e f f r e y C . F u h r e r , A ssociate E conom ist D epu ty Secretary M i c h e l l e A. S m i t h , A ssistan t Secretary J. V ir g il M a t t i n g l y , J r ., G en eral Counsel T h o m a s C . B a x t e r , J r ., D epu ty G eneral Counsel K a r e n H . J o h n s o n , E conom ist D a v id J. S t o c k t o n , E conom ist T h o m a s A. C o n n o r s , A sso cia te Econom ist C r a ig S . H a k k i o , A ssociate E conom ist N o r m a n d R .V . B ernard, D a v id H . H o w a r d , A ssociate E conom ist B r i a n F. M a d ig a n , A ssociate E conom ist R o b e r t H . R a s c h e , A ssociate E conom ist L a w r e n c e S l i f m a n , A ssociate E conom ist M ark D a v id S . S n i d e r m a n , A ssociate E conom ist W . W i l c o x , A ssociate E conom ist D i n o K o s , M anager, System Open M arket A ccou nt F e d e r a l A d v is o r y C o u n c il D D First District Second District R u f u s A . F u l t o n , J r ., Third District M a r t i n G . M c G u i n n , Fourth District F r e d L. G r e e n III, Fifth District C . D o w d R i t t e r , Sixth District D a v id A . S p i n a , T h o m as A . R e n y i, a v id a v id A . S p i n a , P residen t W . K e m p e r , Vice P residen t Seventh District Eighth District J e r r y A . G r u n d h o f e r , Ninth District B y r o n G . T h o m p s o n , Tenth District G a y l e M . E a r l s , Eleventh District M i c h a e l E . O ’N e i l l , Twelfth District Va c a n t , D a v id W. K em per, J a m e s A n n a b l e , Secretary 255 C o n su m e r A d v is o r y c o u n c il Chairman Vice Chairman A g n e s B u n d y S c a n l a n , B o sto n , M a ssa c h u se tts, M P i n s k y , P h ila d e lp h ia , P e n n s y lv a n ia , ark R u h i M a k e r , Rochester, N ew York P a t r ic i a M cC oy, Cambridge, M assachusetts D e n n i s L . A l g i e r e , W e s te r ly , R h o d e I s la n d J a n i e B a r r e r a , S a n A n t o n io , T e x a s Kenneth Kyle, South Dakota Roeland Park, Kansas D e b r a S . R e y e s , Tampa, Florida B e n s o n R o b e r t s , Washington, District of Columbia B e n j a m i n R o b i n s o n III, Charlotte, North Carolina M a r y J a n e S e e b a c h , Calabasas, California P a u l J. S p r i n g m a n , Atlanta, Georgia F o r r e s t F. S t a n l e y , Cleveland, Ohio L o r i R . S w a n s o n , S t. Paul, Minnesota D i a n e T h o m p s o n , East St. Louis, Illinois H u b e r t V a n T o l , Sparta, Wisconsin C l i n t W a l k e r , Wilmington, Delaware P. B o r d e l o n , Baton R o u g e , Louisiana E l sie M S h e il a C a n a v a n , Berkeley, California R o b i n C o f f e y , C h ic a g o , I llin o is A nne D an D i e d r i c k , N e w Y o rk , N e w Y o rk D i x o n , W a s h in g to n , D is t r ic t of C o lu m b ia H a t t i e B . D o r s e y , A tla n ta , G e o r g ia T h o m a s F i t z g i b b o n , C h ic a g o , I llin o is J a m e s G a r n e r , B a ltim o r e , M a r y la n d R . C h a r l e s G a t s o n , K a n s a s C ity , M is s o u r i L a r r y H a w k in s , H o u s to n , T e x a s W . Ja m e s K in g , Cincinnati, O h io t h r if t I n s t it u t io n s eek s, B ruce B . M organ, S u s a n B r e d e h o f t , C h e r r y H ill, N e w J e r se y A d v is o r y C o u n c il Defiance, Ohio, President Brea, California, Vice President W i l l i a m J. S m a l l , D. H. B M rent ic h a e l R ic h a r d B e e s l e y , S t. G e o r g e , U ta h J. B r o w n , S r ., F t. P ie r c e , F lo r id a J. D r i s c o l l , A r lin g to n , T e x a s Ta d L o w r e y , D a v id H . H a n c o c k , G r a n d v ie w , M is s o u r i O l a n O . J o n e s , J r ., K in g s p o r t, T e n n e s s e e K ir k K o r d e l e s k i , B e t h p a g e , N e w Y o rk D o u g l a s K . F r e e m a n , A lp h a r e tta , G e o r g ia G e o r g e W . N i s e , P h ila d e lp h ia , P e n n s y lv a n ia C u r t i s L . H a g e , S io u x F a lls , S o u th D a k o t a Roy M . W h it e h e a d , S e a t t le W a s h in g to n 256 Federal Reserve Bulletin □ Spring 2004 Federal Reserve Board Publications PUBLICATIONS, MS-127, Board of Governors of the Federal Reserve System, Washington, DC 20551, or telephone (202) 452-3244, or FAX (202) 728-5886. You F o r ordering assistance, w rite m ay a lso use the p u b lication s o rder fo rm a vailable on the B o a rd ’ s W orld Wide Web site (http://www.federalreserve.gov). When a charge is indicated, p a ym en t should accom pan y request an d be m ade p a ya b le to the B oard o f G overnors o f the F ederal R eserve System o r m ay b e ordered via M astercard, Visa, o r Am erican Express. P aym en t fro m foreign residents sh ou ld be draw n on a U.S. bank. S y st e m — P ur po ses and F u n c t io n s . 1994. 157 pp. A n n u a l R e p o r t , 2002. A n n u a l R e p o r t : B u d g e t R e v i e w , 2003. F e d e r a l R e s e r v e B u l l e t i n . 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October 1982 $ 6.50 1981 239 pp. December 1983 266 pp. $ 7.50 1982 October 1984 264 pp. $11.50 1983 254 pp. 1984 October 1985 $12.50 October 1986 $15.00 1985 231 pp. 288 pp. $15.00 November 1987 1986 272 pp. October 1988 $15.00 1987 256 pp. 1988 November 1989 $25.00 712 pp. $25.00 1980-89 March 1991 185 pp. $25.00 November 1991 1990 November 1992 215 pp. $25.00 1991 215 pp. $25.00 1992 December 1993 281 pp. $25.00 December 1994 1993 190 pp. $25.00 1994 December 1995 404 pp. $25.00 1990-95 November 1996 $25.00 352 pp. 1996-2000 March 2002 R e g u l a t io n s of the B oard of G overnors of the F ederal R e ser ve S y st e m . P e r c e n t a g e R a t e T a b l e s (Truth in Lending— Regulation Z) Vol. I (Regular Transactions). 1969. 100 pp. Vol. II (Irregular Transactions). 1969. 116 pp. Each volume $5.00. G u i d e t o t h e F l o w o f F u n d s A c c o u n t s . January 2000. 1,186 pp. $20.00 each. F e d e r a l R e s e r v e R e g u l a t o r y S e r v i c e . 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E D U C A T IO N P A M P H L E T S Short pam ph lets su itable f o r classroom use. M ultiple co p ies are available w ithout charge. Consumer Handbook on Adjustable Rate Mortgages (also avail able in Spanish) Consumer Handbook to Credit Protection Laws A Guide to Business Credit for Women, Minorities, and Small Businesses Series on the Structure o f the F ederal R eserve System The Board of Governors of the Federal Reserve System The Federal Open Market Committee Federal Reserve Bank Board of Directors Federal Reserve Banks A Consumer’s Guide to Mortgage Lock-Ins A Consumer’s Guide to Mortgage Settlement Costs A Consumer’s Guide to Mortgage Refinancings Home Mortgages: Understanding the Process and Your Right to Fair Lending How to File a Consumer Complaint about a Bank (also available in Spanish) In Plain English: Making Sense of the Federal Reserve Making Sense of Savings What You Should Know About Home Equity Lines of Credit (also available in Spanish) Keys to Vehicle Leasing (also available in Spanish) Looking for the Best Mortgage (also available in Spanish) Privacy Choices for Your Personal Financial Information When Is Your Check Not a Check? (also available in Spanish) Putting Your Home on the Loan Line Is Risky Business 257 167. STAFF STUDIES: O nly Sum m aries P rin ted in the BULLETIN Studies and p a p ers on econom ic an d finan cial su bjects that are o f gen eral interest. S ta ff Studies 1 -158, 161, 163, 165, 166, 168, an d 169 are out o f print, but p h o tocopies o f them are available. S taff S tudies 1 6 5 -1 7 5 are ava ila b le online a t w w w .federalreserve.gov/ pu bs/staffstudies. R equests to obtain single copies o f any p a p e r o r to be a d d ed to the m ailing list f o r the series m ay be sent to Publications. 159. N ew D t h e P e r f o r m a n c e o f N o n b a n k S u b s id i B a n k H o l d i n g C o m p a n i e s , by N e l l i e Liang and ata o n a r ie s o f Donald Savage. February 1990. 12 pp. 160. B a n k in g v ic e s by M a r k e t s a n d t h e U se o f F in a n c ia l S er S m a l l a n d M e d i u m - S i z e d B u s i n e s s e s , by Gregory E. Elliehausen and John D. Wolken. September 1990. 35 pp. 162. 164. E v id e n c e o n t h e S iz e o f B a n k in g M a r k e t s g a g e L o a n R a t e s i n T w e n t y C i t i e s , by from M ort Stephen A. Rhoades. February 1992. 11 pp. T h e 1989-92 C r e d i t C r u n c h f o r R e a l E s t a t e , by James T. Fergus and John L. Goodman, Jr. July 1993. 20 pp. 170. A S u m m a r y o f M e r g e r P e r f o r m a n c e S t u d ie s in B a n k i n g , 1980-93, a n d a n A s s e s s m e n t o f t h e “ O p e r a t i n g P e r f o r m a n c e ” a n d “ E v e n t S t u d y ” M e t h o d o l o g ie s , by Stephen A . Rhoades. July 1994. 37 pp. T h e C o st o f Im p l e m e n t in g C o n s u m e r F in a n c ia l R e g u l a t io n s : A n A n a l y s is o f E x p e r ie n c e w it h t h e T r u t h i n S a v i n g s A c t , by Gregory Elliehausen and Barbara R . Lowrey. December 1997. 17 pp. 171. T h e C o s t o f B a n k R e g u l a t i o n : A R e v i e w o f t h e E v i d e n c e , by Gregory Elliehausen. April 1998. 35 pp. 172. U s i n g S u b o r d i n a t e d D e b t a s a n I n s t r u m e n t o f M a r k e t D i s c i p l i n e , by Study Group on Subordinated Notes and Debentures, Federal Reserve System. December 1999. 69 pp. 173. I m p r o v i n g P u b l i c D i s c l o s u r e i n B a n k i n g , by Study Group on Disclosure, Federal Reserve System. March 2000. 35 pp. 174. B a n k M e r g e r s a n d B a n k i n g S t r u c t u r e i n t h e U n i t e d S t a t e s , 1980-98, by Stephen Rhoades. August 2000. 33 pp. 175. T h e F u t u r e o f R e t a i l E l e c t r o n i c P a y m e n t s S y s t e m s : I n d u s t r y I n t e r v i e w s a n d A n a l y s i s , Federal Reserve Staff, for the Payments System Development Committee, Federal Reserve System. December 2002. 27 pp. 258 Federal Reserve Bulletin □ Spring 2004 A n t ic ip a t e d S c h e d u l e o f R e l e a s e D a t e s f o r P e r io d ic R e l e a s e s o f t h e f e d e r a l R e s e r v e S y st e m (Pa y m e n t m u s t A c c o m p a n y R e q u e s t s ) Release number and title Annual mail rate Annual fax rate Approximate release days1 the B oard of Period or date to which data refer G overnors Corresponding Bulletin or Statistical Supplement table numbers2 Weekly Releases H.2. Actions of the Board: Applications and Reports Received $55.00 n.a. Friday Week ending previous Saturday H.3. Aggregate Reserves of Depository Institutions and the Monetary Base3 $20.00 n.a. Thursday Week ending previous Wednesday 1.20 H.4.1. Factors Affecting Reserve Balances of Depository Institutions and Condition Statement of Federal Reserve Banks3 $20.00 n.a. Thursday Week ending previous Wednesday 1.11, 1.18 H.6. Money Stock Measures3 $35.00 n.a. Thursday Week ending Monday of previous week 1.21 H.8. Assets and Liabilities of Commercial Banks in the United States3 $30.00 n.a. Friday Week ending previous Wednesday 1.26A-F H.10. Foreign Exchange Rates3 $20.00 $20.00 Monday Week ending previous Friday 3.28 H.15. Selected Interest Rates3 $20.00 $20.00 Monday Week ending previous Friday 1.35 $ 5.00 $ 5.00 First of month Previous month 3.28 G.15. Research Library— Recent Acquisitions No charge n.a. First of month Previous month G.17. Industrial Production and Capacity Utilization3 $15.00 n.a. Midmonth Previous month 2.12, 2.13 G.19. Consumer Credit 3 $ 5.00 $ 5.00 Fifth working day of month Second month previous 1.55, 1.56 G.20. Finance Companies3 $ 5.00 n.a. End of month Second month previous 1.51, 1.52 Monthly Releases G.5. Foreign Exchange Rates3 of 259 Release number and title Annual mail rate Annual fax rate Approximate release days1 Period or date to which data refer Corresponding Bulletin or Statistical Supplement table numbers2 Quarterly Releases $ 5.00 n.a. Midmonth of March, June, September, and December February, May, August, and November E. 11. Geographical Distribution of Assets and Liabilities of Major Foreign Branches of U.S. Banks $ 5.00 n.a. 15th of March, June, September, and December Previous quarter E. 16. Country Exposure Lending Survey3 $ 5.00 n.a. January, April, July, and October Previous quarter Z. 1. $25.00 n.a. Second week of March, June, September, and December Previous quarter E.2. Survey of Terms of Business Lending3 Flow of Funds Accounts of the United States: Flows and Outstandings3 1. Please note that for some releases, there is normally a certain vari ability in the release date because o f reporting or processing procedures. Moreover, for all series unusual circum stances may, from tim e to time, result in a release date being later than anticipated. 2. B eginning with the W inter 2004 issue (vol. 90, no. 1) o f the B ulletin, the corresponding table for the statistical release no longer appears in the 4.23 1.57, 1.58, 1.59, 1.60 B ulletin . Statistical tables are now published in the S ta tistica l Supplem ent to the F ed era l R eserve Bulletin', the table numbers, however, remain the same. 3. These releases are also available on the B oard’s web site, www.federalreserve.gov/releases. n.a. N ot available. 260 Federal Reserve Bulletin □ Spring 2004 Maps of the Federal Reserve System \L A SK \ HAWAII L egend Both pages ■ Federal Reserve Bank city □ Board of Governors of the Federal Reserve System, Washington, D.C. N Facing page • Federal Reserve Branch city — Branch boundary ote The Federal Reserve officially identifies Districts by num ber and Reserve Bank city (shown on both pages) and by letter (shown on the facing page). In the 12th District, the Seattle Branch serves Alaska, and the San Francisco Bank serves Hawaii. The System serves commonwealths and territories as follows: the New York Bank serves the Commonwealth of Puerto Rico and the U.S. Virgin Islands; the San Fran cisco Bank serves American Samoa, Guam, and the Com monwealth of the Northern M ariana Islands. The Board of Governors revised the branch boundaries of the System most recently in February 1996. 261 2 -B 4 - D 3 - C 5 - E P it t s b u r g h ^ ^ C H fi c i n cn a t i " DE^ sc / B N o s t o n 6 —F TN— ► e w T s Yo P r k h il a d e l p h ia C ic h m ^ I g C - T -* * v * o n d 8-H 7-G • N a s h ’, i lie R l e v e l a n d " B i r m i n g h a m M J S^ \ B ^ — j ' v '~ ^ 5 a S ^ v ille N e w O r le a n s ny LA # • A } C t l a n t a # • M * S S S h ic a g o “ 10 ^ t a I N M e m p h is . Lo u is ■ in n e a p o l is 1 2 -L J ■ ■ ............ ... K a n s a sC i t y 1 1 -K TX C it y S a n Antonin HAWAII D a l l a s S a n Fr a n c is c o 262 Federal Reserve Bulletin □ Spring 2004 Federal Reserve Banks, Branches, and Offices FEDERAL RESERVE BANK branch, or facility Zip BOSTON* ............................. 02106 Chairman Deputy Chairman Samuel O. Thier Blenda J. Wilson NEW Y O R K *........................ 10045 John E. Sexton Jerry I. Speyer Buffalo ............................... 14240 Katherine E. Keough PHILADELPHIA ................. 19105 Ronald J. Naples Doris M. Damm CLEVELAND* .....................44101 Robert W. Mahoney Charles E. Bunch Cincinnati ..........................45201 Dennis C. Cuneo Pittsburgh .......................... 15230 Roy W. Haley RICHMOND* ...................... 23219 Baltimore ........................... 21203 Charlotte............................. 28230 ATLANTA ............................. 30303 Birmingham ...................... 35242 Jacksonville ...................... 32231 Miami ................................ 33152 Nashville ........................... 37203 New Orleans .....................70161 CHICAGO* ........................... 60690 Detroit .................................48231 Barbara L. Walter1 Anthony M. Santomero William H. Stone, Jr. Sandra Pianalto Robert Christy Moore Barbara B. Henshaw Robert B. Schaub David M. Ratcliffe V. Larkin Martin Catherine Crenshaw Julie Hilton Rosa Sugranes Rodney Lawler Dave Dennis Jack Guynn W. James Farrell Miles D. White Edsel B. Ford II Michael H. Moskow Gordon R. G. Werkema Linda Hall Whitman Frank L. Sims Dean Folkvord KANSAS C IT Y .....................64198 Richard H. Bard Robert A. Funk D en v er................................ 80217 Thomas Williams Oklahoma City ................. 73125 Patricia B. Fennell O m aha................................ 68102 A.F. Raimondo D A L L A S ................................ 75201 Ray L. Hunt Patricia M. Patterson El Paso ............................... 79999 Ron C. Helm Houston ............................. 77252 Lupe Fraga San Antonio ...................... 78295 Ron R. Harris SAN FRANCISCO ..............94120 Timothy F. Geithner Jamie B. Stewart, Jr. J. Alfred Broaddus, Jr. Walter A. Varvel Walter L. Metcalfe, Jr. Gayle P. W. Jackson Little Rock ........................ 72203 Scott T. Ford L o u isv ille........................... 40232 Cornelius A. Martin Memphis ........................... 38101 Meredith B. Allen Helena ................................ 59601 Vice President in charge of branch Cathy E. Minehan Paul M. Connolly Wesley S. Williams, Jr. Thomas J. Mackell, Jr. Owen E. Herrnstadt Michael A. Almond ST. LOUIS ............................. 63166 MINNEAPOLIS ................... 55480 President First Vice President George M. Scalise Sheila D. Harris Los Angeles ...................... 90051 William D. Jones Portland ............................. 97208 Karla S. Chambers Salt Lake City ................... 84125 H. Roger Boyer Seattle ................................. 98124 Mic R. Dinsmore William J. Tignanelli1 Jeffrey S. K ane1 Patrick K. BarronJames M. M cK ee1 Lee C. Jones Christopher L. Oakley James T. Curry III Melvyn K. Purcell1 Robert J. M usso’ Glenn H ansen1 William Poole W. LeGrande Rives Robert A. Hopkins Thomas A. Boone Martha Perine Beard Gary H. Stern James M. Lyon Samuel H. Gane Thomas M. Hoenig Richard K. Rasdall Pamela L. Weinstein Dwayne E. Boggs Steven D. Evans Robert D. McTeer, Jr. Helen E. Holcomb Robert W. Gilmer3 Robert Smith III1 James L. S tu ll1 Robert T. Parry John F. Moore Mark L. M ullinix2 Richard B. Hornsby Andrea P. Wolcott Mark Gould *Additional offices of these Banks are located at Windsor Locks, Connecticut 06096; East Rutherford, New Jersey 07016; Utica at Oriskany, New York 13424; Columbus, Ohio 43216; Columbia, South Carolina 29210; Charleston, West Virginia 25311; Des Moines, Iowa 50306; Indianapolis, Indiana 46204; Milwaukee, Wisconsin 53202; and Peoria, Illinois 61607. 1. Senior vice president 2. Executive vice president 3. Acting 263 Publications of Interest F e d e r a l R e s e r v e R e g u l a t o r y S e r v ic e To promote public understanding of its regulatory func tions, the Board publishes the Federal Reserve Regu latory Service, a four-volume loose-leaf service con taining all Board regulations as well as related statutes, interpretations, policy statements, rulings, and staff opinions. For those with a more specialized interest in the Board’s regulations, parts of this service are pub lished separately as handbooks pertaining to monetary policy, securities credit, consumer affairs, and the pay ment system. These publications are designed to help those who must frequently refer to the Board’s regulatory materi als. They are updated monthly, and each contains cita tion indexes and a subject index. The Monetary Policy and Reserve Requirements Handbook contains Regulations A, D, and Q, plus related materials. The Securities Credit Transactions Handbook con tains Regulations T, U, and X, dealing with exten sions of credit for the purchase of securities, together with related statutes, Board interpretations, rulings, and staff opinions. Also included is the Board’s list of foreign margin stocks. The Consumer and Community Affairs Handbook contains Regulations B, C, E, G, M, P, Z, AA, BB, and DD, and associated materials. G u id e to t h e f l o w o f F unds A cco u nts A new edition of Guide to the Flow of Funds Accounts is now available from the Board of Governors. The new edition incorporates changes to the accounts since the initial edition was published in 1993. Like the earlier publication, it explains the principles underlying the flow of funds accounts and describes how the accounts are constructed. It lists each flow series in the Board’s flow of funds publication, “Flow of Funds Accounts of the United States” (the Z.l quarterly statistical release), The Payment System Handbook deals with expedited funds availability, check collection, wire transfers, and risk-reduction policy. It includes Regulations CC, J, and EE, related statutes and commentaries, and policy statements on risk reduction in the payment system. For domestic subscribers, the annual rate is $200 for the Federal Reserve Regulatory Service and $75 for each handbook. For subscribers outside the United States, the price including additional air mail costs is $250 for the service and $90 for each handbook. The Federal Reserve Regulatory Service is also avail able on CD-ROM for use on personal computers. For a standalone PC, the annual subscription fee is $300. For network subscriptions, the annual fee is $300 for 1 con current user, $750 for a maximum of 10 concurrent users, $2,000 for a maximum of 50 concurrent users, and $3,000 for a maximum of 100 concurrent users. Subscribers outside the United States should add $50 to cover additional airmail costs. For further informa tion, call (202) 452-3244. All subscription requests must be accompanied by a check or money order payable to the Board of Gover nors of the Federal Reserve System. Orders should be addressed to Publications, mail stop 127, Board of Gov ernors of the Federal Reserve System, Washington, DC 20551. and describes how the series is derived from source data. The Guide also explains the relationship between the flow of funds accounts and the national income and product accounts and discusses the analytical uses of flow of funds data. The publication can be purchased, for $20.00, from Publications, Mail Stop 127, Board of Governors of the Federal Reserve System, Washing ton, DC 20551. 264 Federal Reserve Bulletin □ Spring 2004 Federal Reserve Statistical Releases Available on the Commerce Department’s Economic Bulletin Board The Board of Governors of the Federal Reserve Sys tem makes some of its statistical releases available to the public through the U.S. Department of Com merce’s economic bulletin board. Computer access to the releases can be obtained by subscription. For further information regarding a subscription to the economic bulletin board, please call (202) 4821986. The releases transmitted to the economic bulle tin board, on a regular basis, are the following: Reference Number Statistical release Frequency o f release H.3 Aggregate Reserves Weekly/Thursday H.4.1 Factors Affecting Reserve Balances Weekly/Thursday H.6 Money Stock Weekly/Thursday H.8 Assets and Liabilities of Insured Domestically Chartered and Foreign Related Banking Institutions Weekly/Monday H.10 Foreign Exchange Rates Weekly/Monday H.15 Selected Interest Rates Weekly/Monday G.5 Foreign Exchange Rates Monthly/end of month G.17 Industrial Production and Capacity Utilization Monthly/midmonth G.19 Consumer Installment Credit Monthly/fifth business day Z.l Flow of Funds Quarterly