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GAO-16-850R 1 (2016-08-18)

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


B-328333


August 18, 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: Department of the Treasury, Office of the Comptroller of the Currency; Federal
        Reserve System; Federal Deposit Insurance Corporation; Farm Credit Administration;
        Federal Housing Finance Agency: Margin and Capital Requirements for Covered Swap
        Entities

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of the Treasury, Office of the Comptroller of the Currency
(OCC); Federal Reserve System (the Board); Federal Deposit Insurance Corporation (FDIC);
Farm Credit Administration (FCA); Federal Housing Finance Agency (FHFA) (collectively, the
agencies) entitled Margin and Capital Requirements for Covered Swap Entities (RINs: 1557-
AD00; 7100-AD74; 3064-AE21; 3052-AC69; 2590-AA45). We received the rule from FCA on
July 27, 2016, from FDIC on August 4, 2016, and from the Board on August 17, 2016. It was
published in the Federal Register as a final rule on August 2, 2016. 81 Fed. Reg. 50,605.

The final rule adopts exemptions from the initial and variation margin requirements published by
OCC, the Board, FDIC, FCA, and FHFA (each an agency and, collectively, the agencies) in
November 2015 pursuant to sections 731 and 764 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (the Dodd-Frank Act or the Act). Pursuant to title III of the Terrorism
Risk Insurance Program Reauthorization Act of 2015 (TRIPRA), this final rule exempts certain
non-cleared swaps and non-cleared security-based swaps with certain financial and non-
financial end users that qualify for an exception or exemption from clearing.

Enclosed is our assessment of the agencies' compliance with the procedural steps required by
section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of the
procedural steps taken indicates that the agencies complied with the applicable requirements.


GAO-16-850R

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