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GAO-17-355R 1 (2017-01-18)

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


B-328734


January 18, 2017

The Honorable Michael Crapo
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:
        Industrial and Commercial Metals

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) entitled Industrial and Commercial Metals (RIN: 1557-AD93). We
received the rule on January 5, 2017. It was published in the Federal Register as a final
rule on December 30, 2016. 81 Fed. Reg. 96,353.

The final rule prohibits national banks and federal savings associations from dealing or
investing in industrial or commercial metals. For the purpose of this prohibition, the final
rule defines the term industrial or commercial metal to mean metal (including an alloy)
in a physical form primarily suited to industrial or commercial use, for example, copper
cathodes. The final rule supersedes a prior OCC interpretation which permitted national
banks to trade copper and is consistent with recommendations from the U.S. Senate
Permanent Subcommittee on Investigations.

Enclosed is our assessment of OCC's 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 OCC complied with the applicable requirements.


GAO-17-355R

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