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B-332916 Feb 05, 2021 1 (2021-02-05)

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                                      U.S. GOVERNMENT ACCOUNTABILITY OFFICE
                       G  A O         A Century   of Non-Partisan  Fact-Based  Work
441 G St. N.W.
Washington,  DC  20548


B-332916


February 5, 2021

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

The Honorable  Richard Neal
Chairman
The Honorable  Kevin Brady
Republican Leader
Committee  on Ways and  Means
House  of Representatives

Subject: Federal Deposit Insurance Corporation: Unsafe and Unsound Banking Practices: Brokered
         Deposits and Interest Rate Restrictions

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 Unsafe and Unsound Banking
Practices: Brokered Deposits and Interest Rate Restrictions (RINs: 3064-AE94; 3064-AF02). We
received the rule on January 22, 2021. It was published in the Federal Register as a final rule on
January 22, 2021. 86 Fed. Reg. 6742. The effective date of the rule is April 1, 2021, with an extended
compliance date of January 1, 2022.

FDIC  states this final rule finalizes revisions to the regulations relating to the brokered deposits and
interest rate restrictions that apply to less than well capitalized insured depository institutions. According
to FDIC, for brokered deposits, the rule establishes a new framework for analyzing certain provisions of
the deposit broker definition, including facilitating and primary purpose. For the interest rate
restrictions, FDIC states it is amending its methodology for calculating the national rate, the national rate
cap, and the local market rate cap. Further, FDIC states that the rule explains when nonmaturity deposits
are accepted and when nonmaturity deposits are solicited for purposes of applying the brokered deposits
and interest rate restrictions.

Enclosed is our assessment of FDIC's 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 the subject matter of
the rule, please contact Shari Brewster, Assistant General Counsel, at (202) 512-6398.






Shirley A. Jones
Managing  Associate General Counsel

Enclosure

cc:     M. Andy Jiminez
        Director, Office of Legislative Affairs
        Federal Deposit Insurance Corporation

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