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B-332395 1 (2020-08-17)

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


B-332395


August 17, 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: Department of the Treasury, Office of the Comptroller of the Currency; Federal
        Reserve System; Federal Deposit Insurance Corporation; Securities and Exchange
        Commission; Commodity Futures Trading Commission: Prohibitions and Restrictions on
        Proprietary Trading and Certain Interests in, and Relationships With, Hedge Funds and
        Private Equity Funds

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); Board of Governors of the Federal Reserve System (Board); Federal Deposit Insurance
Corporation (FDIC); Securities and Exchange Commission (SEC); and Commodity Futures
Trading Commission (CFTC) (together, the agencies) entitled Prohibitions and Restrictions on
Proprietary Trading and Certain Interests in, and Relationships With, Hedge Funds and Private
Equity Funds (RINs: 1557-AE67; 7100-AF70; 3064-AF17; 3038-AE93; 3235-AM70). We
received the rule on July 15, 2020. It was published in the Federal Register as a final rule on
July 31, 2020. 85 Fed. Reg. 46422. The effective date of the rule is October 1, 2020.

According to the agencies, the final rule improves and streamlines the regulations implementing
section 13 of the Bank Holding Company Act (BHCA), May 9, 1956, ch. 240, 70 Stat. 133,
classified at 12 U.S.C. § 1841 et seq., by modifying and clarifying requirements related to the
covered fund provisions of the regulations. Section 13 of BHCA contains certain restrictions on
the ability of a banking entity or nonbank financial company supervised by the Board to engage
in proprietary trading and have certain interests in, or relationships with, a hedge fund or private
equity fund (covered funds).

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. If you have any questions
about this report or wish to contact GAO officials responsible for the evaluation work relating to

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