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B-332686 1 (2020-11-18)

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


B-332686


November  18, 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: Treatment of Certain
        Emergency Facilities in the Regulatory Capital Rule and the Liquidity Coverage Ratio
        Rule

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,
Federal Reserve System, Federal Deposit Insurance Corporation (collectively, the agencies)
entitled Treatment of Certain Emergency Facilities in the Regulatory Capital Rule and the
Liquidity Coverage Ratio Rule (RINs: 1557-AE89; 1557-AE90; 1557-AE92; 7100-AF85;
7100-AF86;  7100-AF90; 3064-AF41;  3064-AF49;  3064-AF51).  We received the rule on
November  4, 2020. It was published in the Federal Register as a final rule on October 28, 2020.
85 Fed. Reg. 68243. The effective date of the final rule is December 28, 2020.

According to the agencies, the final rule adopts the revisions to the regulatory capital rule and
the liquidity coverage ratio (LCR) regulations made under three interim final rules published in
the Federal Register on March 23, April 13, and May 6, 2020. The agencies state they are
adopting these interim final rules as final with no changes. According to the agencies, under
this final rule, banking organizations may continue to neutralize the regulatory capital effects of
participating in the Money Market Mutual Fund Liquidity Facility (MMLF) and the Paycheck
Protection Program Liquidity Facility (PPPLF), and are required to continue to neutralize the
LCR  effects of participating in the MMLF and the PPPLF. In addition, the agencies state
Paycheck  Protection Program loans will receive a zero percent risk weight under the agencies'
regulatory capital rules.

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). Although the Congressional Record does not yet

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