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GAO-15-833R 1 (2015-09-03)

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G     A             U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-327325


September 3, 2015

The Honorable Richard Shelby
Chairman
The Honorable Sherrod Brown
Ranking Member
Committee on Banking, Housing, and Urban Affairs
United States Senate

The Honorable Jeb Hensarling
Chairman
The Honorable Maxine Waters
Ranking Member
Committee on Financial Services
House of Representatives

Subject: National Credit Union Administration: Derivatives

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a
major rule promulgated by the National Credit Union Administration (NCUA) entitled
Derivatives (RIN: 3133-AD90). We received the rule on August 20, 2015. It was
published in the Federal Register as a final rule on January 31, 2014. 79 Fed. Reg.
5228.

This final rule permits credit unions to engage in limited derivatives activities for the
purpose of mitigating interest rate risk. NCUA states that this rule applies only to
federal credit unions. The final rule addresses permissible derivatives and
characteristics, limits on derivatives, operational requirements, counterparty and
margining requirements, and the procedures a credit union must follow to apply for
derivatives authority.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a
major rule from the date of publication in the Federal Register or receipt of the rule by
Congress, whichever is later. 5 U.S.C. 801 (a)(3)(A). This final rule has a stated
effective date of March 3, 2014. The rule was published in the Federal Register on
January 31, 2014, and received on August 20, 2015. Therefore, this rule does not have
the required 60-day delay in effective date.

Enclosed is our assessment of NCUA's compliance with the procedural steps required
by section 801 (a)(1)(B)(i) through (iv) of title 5 with respect to the rule. With the


GAO-15-833R

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