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GAO-16-517R 1 (2016-03-21)

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


B-327899


March 21, 2016

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: Federal Reserve System: Federal Reserve Bank Capital Stock

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Board of Governors of the Federal Reserve System (the Board) entitled
Federal Reserve Bank Capital Stock (RIN: 7100-AE 47). We received the rule on March 4,
2016. It was published in the Federal Register as an interim final rule with request for comment
on February 24, 2016. 81 Fed. Reg. 9082.

The interim final rule establishes procedures for payment of dividends by the Federal Reserve
Banks (Reserve Banks) to implement the provisions of section 32203 of the Fixing America's
Surface Transportation Act (FAST Act).1 The interim final rule sets out the dividend rates
applicable to Reserve Bank depository institution stockholders and amends regulatory
provisions regarding treatment of accrued dividends when a Reserve Bank issues or cancels
Federal Reserve Bank capital stock.

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 interim final rule has a stated effective date of
February 24, 2016. The rule was published in the Federal Register on February 24, 2016, and
was received by Congress on March 7, 2016. 162 Cong. Rec. H 1300 (March 10, 2016);
162 Cong. Rec. S1343 (March 8, 2016). Therefore, the final rule does not have the full required
60-day delay in its effective date. The 60-day delay in effective date can be waived, however, if
the agency finds for good cause that delay is impracticable, unnecessary, or contrary to the
public interest, and the agency incorporates a statement of the findings and its reasons in the
rule issued. 5 U.S.C. §§ 553(d)(3), 808(2). The Board found that there is good cause to issue

1 Pub. L. No. 114-94, § 32203, 129 Stat. 1312 (2015).


GAO-16-517R

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