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GAO-09-1034R 1 (2009-09-21)

handle is hein.gao/gaobadwyl0001 and id is 1 raw text is: 


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T I  M Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-318675


          September 21, 2009

          The Honorable Christopher J. Dodd
          Chairman
          The Honorable Richard C. Shelby
          Ranking Minority Member
          Committee on Banking, Housing, and Urban Affairs
          United States Senate

          The Honorable Barney Frank
          Chairman
          The Honorable Spencer Bachus
          Ranking Minority Member
          Committee on Financial Services
          House of Representatives

          Subject: Federal Reserve System: CapitalAdequacy Guidelines; Treatment of
                  Perpetual Preferred Stock Issued to the United States Treasury Under the
                  Emergency Economic Stabilization Act of 2008

          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
          (Board), entitled Capital Adequacy Guidelines; Treatment of Perpetual Preferred
          Stock Issued to the United States Treasury Under the Emergency Economic
          Stabilization Act of 2008 (Docket No. R-1336). We received the rule on
          September 4, 2009. It was published in the Federal Register as a final rule on June 1,
          2009. 74 Fed. Reg. 26,081.

          The final rule permits bank holding companies that issue new senior perpetual
          preferred stock to the Treasury under the capital purchase program announced by
          the Secretary of the Treasury on October 14, 2008, to include such capital
          instruments in tier 1 capital for purposes of the Federal Reserve's risk-based and
          leverage capital rules and guidelines for bank holding companies. The final rule
          adopts as final the interim final rule that became effective on October 17, 2008.

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


GAO-09-1034R

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