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GAO-01-322R 1 (2001-01-31)

handle is hein.gao/gaocrptanac0001 and id is 1 raw text is: 



  SGAO

       Accountability * Integrity  Reliability
United States General Accounting Office
Washington, DC 20548






         January 31, 2001

         The Honorable Richard H. Baker
         Chairman, Subcommittee on Capital
         Markets, Insurance, and
         Government Sponsored Enterprises
         Committee on Financial Services
         House of Representatives
         Subject: Comparison of Financial Institution Regulators' Enforcement and Prompt
         Corrective Action Authorities

         Dear Mr. Chairman:

         This letter responds to your October 10, 2000, request that GAO review and compare
         the legal authorities available to the federal bank regulators, the Office of Federal
         Housing Enterprise Oversight (OFHEO), and the Federal Housing Finance Board
         (FHFB) (collectively referred to as financial institution regulators) for taking actions
         when issues arise regarding the capitalization and safety and soundness of the
         institutions they supervise. The federal bank regulators, OFHEO, and FHFB are
         responsible for ensuring that the institutions they supervise are in a safe and sound
         condition and that the activities of the regulated institutions and their managing
         officials do not raise safety and soundness concerns. To fulfill this responsibility,
         each financial institution regulator has an array of statutory supervisory authorities,
         regulatory powers, and enforcement tools. In your request letter, you expressed
         concern that OFHEO and FHFB may not have the same supervisory and enforcement
         powers as the bank regulators. As agreed, our objective was to describe the types of
         supervisory and enforcement authorities (including prompt corrective action
         provisions) available to financial institution regulators and highlight distinctions
         between the specific authorities of the bank regulators, OFHEO, and FHFB.
         Enclosure I provides a detailed side-by-side analysis of the respective enforcement
         and prompt corrective action authorities of the bank regulators, OFHEO, and FHFB.

         To respond to this request, we reviewed relevant statutes, legislative histories, agency
         opinions, and secondary sources relating to the supervisory and enforcement
         authorities of the financial institution regulators. We also met with agency officials
         from OFHEO and FHFB. We conducted our work at OFHEO and FHFB headquarters
         between October and December 2000.


GAO-01-322R Financial Regulators' Enforcement Authorities

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