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B-332364 1 (2020-07-24)

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


B-332364


July 24, 2020

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

The Honorable Maxine Waters
Chairwoman
The Honorable Patrick McHenry
Ranking Member
Committee on Financial Services
House of Representatives

Subject: Federal Deposit Insurance Corporation: Assessments, Mitigating the Deposit Insurance
        Assessment Effect of Participation in the Paycheck Protection Program (PPP), the PPP
        Liquidity Facility, and the Money Market Mutual Fund Liquidity Facility

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Federal Deposit Insurance Corporation (FDIC) entitled Assessments,
Mitigating the Deposit Insurance Assessment Effect of Participation in the Paycheck Protection
Program (PPP), the PPP Liquidity Facility, and the Money Market Mutual Fund Liquidity Facility
(RIN: 3064-AF53). We received the rule on July 10, 2020. It was published in the Federal
Register as a final rule on June 26, 2020. 85 Fed. Reg. 38282. It has an effective date of
June 26, 2020, but it has an applicability date of April 1, 2020.

According to FDIC, the final rule mitigates the deposit insurance assessment effects of
participating in the Paycheck Protection Program (PPP) established by the Small Business
Administration (SBA), and the Paycheck Protection Program Liquidity Facility (PPPLF) and
Money Market Mutual Fund Liquidity Facility (MMLF) established by the Board of Governors of
the Federal Reserve System. FDIC stated the final rule removes the effect of participation in
PPP and borrowings under PPPLF on various risk measures used to calculate an insured
depository institution's (IDI) assessment rate; removes the effect of participation in the PPP and
MMLF programs on certain adjustments to an IDl's assessment rate; provides an offset to an
IDI's assessment for the increase to its assessment base attributable to participation in the PPP
and MMLF; and removes the effect of participation in the PPP and MMLF when classifying IDIs
as small, large, or highly complex for assessment purposes.

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). The 60-day delay in effective date can be waived,
however, if the agency finds for good cause that delay is impracticable, unnecessary, or

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