,i #aacth ,,congress #ast ,session ,h4 ,r4 #begb ,,in ,,the ,,house ,,of ,,representatives ,june #bh1 #bjac ,mr4 ,gary ,g4 ,miller of ,california introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to improve the regulation of credit unions and depository institutions and to provide regulatory relief1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,regulatory ,relief for ,credit ,unions ,act of #bjac4 #b4 ,enhancing the authority of the ,national ,credit ,union ,administration 7a7 ,review of ,bureau regulations 7#a7 ,in general ,section #abj of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #agff7 is amended by adding at the end the following3 7k7 ,review of ,bureau regulations ,if the ,board determines that a regulation issued by the ,bureau would create an undue hardship when applied to credit unions1 the ,board may-- 7#a7 delay the application of the regulation to credit unions until such time as the ,board determines such application would not create an undue hardship2 and 7#b7 modify such regulation1 as applied to credit unions1 so long as the ,board determines that such modification still meets the ,bureau's objective in issuing the regulation4 4 7#b7 ,bureau defined ,section #aja of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #ageb7 is amended by adding at the end the following new paragraph3 7#aj7 ,the term ,bureau means the ,bureau of ,consumer ,financial ,protection4 4 7b7 ,use of ,state regulations by ,federal credit unions ,section #abj of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #agff71 as amended by subsection 7a71 is further amended by adding at the end the following3 7l7 ,use of ,state regulations 7#a7 ,application ,with respect to a ,state law applicable to a ,state credit union1 a ,federal credit union may apply to the ,board for permission to comply with such regulation in lieu of the applicable ,federal regulation 7if any71 for purposes of the credit union's branches located in such ,state4 ,such permission shall only apply to the ,state for which the permission is given1 and the ,federal credit union may not comply with such regulation in any other ,state in lieu of the applicable ,federal regulation4 7#b7 ,determination ,the ,board may approve an application received under paragraph 7#a7 if the ,board determines that having the ,federal credit union's branches in such ,state comply with the particular ,state law would-- 7,a7 improve the credit unions's ability to serve members and lend in that particular ,state2 and 7,b7 not endanger the safety and soundness of the credit union4 7#c7 ,exception ,notwithstanding paragraph 7#a71 a ,federal credit union may not apply to the ,board for permission to comply with any provision of a ,state law if such law would conflict with the requirements of section #ajg;,a4 4 #c4 ,improved capital standards and leverage ratios for credit unions 7a7 ,in general ,section #baf of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #agij;d7 is amended-- 7#a7 by redesignating subsection 7o7 as subsection 7p72 7#b7 by inserting after subsection 7n7 the following3 7o7 ,revised capital standards 7#a7 ,two-tier system ,the ,board shall implement a two-tier system of net worth ratios for credit unions1 consisting of a risk-based net worth ratio and a net worth capital ratio4 ,net worth categories in this section shall take into account the simplicity or complexity of credit unions in terms of risk profile4 7#b7 ,use of leverage ratios ,the ,board shall establish standards under this section with respect to leverage ratios of a credit union to the same extent as are provided for net worth ratios of a credit union4 ,such standards shall take into account the unique nature of credit unions and1 to the extent practicable1 be comparable to1 but not necessarily identical to1 the leverage ratio standards under section #ch of the ,federal ,deposit ,insurance ,act4 2 and 7#c7 in subsection 7p71 as so redesignated1 by amending paragraph 7#b7 to read as follows3 7#b7 ,net worth ,the term net worth-- 7,a7 with respect to any insured credit union1 means the retained earnings balance of the credit union1 as determined under generally accepted accounting principles1 together with-- 7i7 any amounts that were previously retained earnings of any other credit union with which the credit union has combined2 and 7ii7 components of equity under generally accepted accounting principles not included in retained earnings1 as determined by the ,board2 7,b7 with respect to any insured credit union1 includes1 at the ,board's discretion and subject to rules and regulations established by the ,board1 assistance provided under section #bjh of this title to facilitate a least-cost resolution consistent with the best interests of the credit union system2 and 7,c7 with respect to a low income credit union1 includes secondary capital accounts1 subject to limitations set by the ,board to address the safe and sound use of secondary capital to carry out the purpose of this section1 that are-- 7i7 uninsured2 and 7ii7 subordinate to all other claims against the credit union1 including the claims of creditors1 shareholders1 and the ,fund4 4 7b7 ,amendments to net worth categories 7#a7 ,section #baf7;c77#a7 of the ,federal ,credit ,union ,act is amended as follows3 7,a7 ,well capitalized ,in subparagraph 7,a71 by striking clauses 7i7 and 7ii7 and inserting the following3 7i7 it has a risk-based net worth ratio of not less than #aj percent2 or 7ii7 is considered to be well capitalized by any other standard1 as determined by the ,board4 4 7,b7 ,adequately capitalized ,in subparagraph 7,b71 by striking clauses 7i7 and 7ii7 and inserting the following3 7i7 it has a risk-based net worth ratio of not less than #h percent2 or 7ii7 is considered to be adequately capitalized by any other standard1 as determined by the ,board4 4 7,c7 ,undercapitalized ,in subparagraph 7,c71 by striking clauses 7i7 and 7ii7 and inserting the following3 7i7 it has a risk-based net worth ratio of not less than #f percent2 or 7ii7 is considered to be undercapitalized by any other standard1 as determined by the ,board4 4 7,d7 ,significantly undercapitalized ,subparagraph 7,d7 is amended to read as follows3 7,d7 ,significantly undercapitalized ,an insured credit union is significantly undercapitalized if-- 7i7 it has a net worth ratio of less than #c4be percent2 7ii7 it has a net worth ratio of less than #d4be percent1 and either-- 7,i7 fails to submit an acceptable net worth restoration plan within the time allowed under subsection 7f72 or 7,,ii7 materially fails to implement a net worth restoration plan approved by the ,board2 or 7iii7 it has a risk-based net worth ratio of less than #f percent4 4 7#b7 ,relevant ,capital ,measures ,section #baf7;c77#b7 of the ,federal ,credit ,union ,act is amended-- 7,a7 by striking 1 for purposes of section #ch7;c7 of the ,federal ,deposit ,insurance ,act12 7,b7 by striking 7as those terms are used in section #ch712 and 7,c7 by inserting or relevant capital measures as defined by the ,board after leverage limit each place such term appears4 7#c7 ,adjustment of levels ,section #baf7;c77#b77;,a7 of the ,federal ,credit ,union ,act is amended-- 7,a7 by striking ,federal banking agencies increase or decrease and inserting ,federal ,deposit ,insurance ,corporation increases or decreases2 and 7,b7 by striking level for and inserting levels for4 7#d7 ,adjusting net worth levels ,section #baf7;c77#b77;,a7 of the ,federal ,credit ,union ,act is amended by striking not more than the difference between the required minimum level most recently established by the ,federal banking agencies and #d percent of total assets 7with respect to institutions regulated by those agencies7 and inserting the increase or decrease made by the ,federal ,deposit ,insurance ,corporation4 7#e7 ,consultation ,with ,federal ,deposit ,insurance ,corporation ,section #baf7;c77#b77;,b77i7 of the ,federal ,credit ,union ,act is amended by striking ,federal banking agencies and inserting ,federal ,deposit ,insurance ,corporation4 7c7 ,amendments relating to risk-,based net worth requirements ,section #baf7;d7 of the ,federal ,credit ,union ,act is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking that are complex1 as defined by the ,board2 and 7,b7 by inserting 1 as defined by the ,board before the period at the end2 7#b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,standard ,the ,board shall design the risk-based net worth requirement to take account of any material risks1 as defined by the ,board1 applicable to insured credit unions that are taken account of by comparable standards applicable to institutions insured by the ,federal ,deposit ,insurance ,corporation4 2 and 7#c7 in the heading for such subsection1 by striking for ,complex ,credit ,unions4 7d7 ,treatment based on other criteria ,section #baf7;h77#a7 of the ,federal ,credit ,union ,act is amended to read as follows3 7#a7 the ,board may not reclassify an insured credit union into a lower net worth category due solely to interest rate risk1 or treat an insured credit union as if it were in a lower net worth category1 for reasons not pertaining to the safety and soundness of that credit union2 and 4 7e7 ,definitions relating to net worth 7#a7 ,net worth ratio ,section #baf7p7 of the ,federal ,credit ,union ,act1 as redesignated by subsection 7a71 is amended in paragraph 7#c7-- 7,a7 by inserting minus its deposit in the ,fund1 after net worth of credit union2 and 7,b7 by inserting minus its deposit in the ,fund after total assets of the credit union4 7#b7 ,risk-based net worth ratio ,section #baf7p7 of the ,federal ,credit ,union ,act1 as redesignated by subsection 7a71 is amended by inserting after paragraph 7#d7 the following new paragraph3 7#e7 ,risk-based net worth ratio ,the term risk-based net worth ratio means1 with respect to any credit union-- 7,a7 the ratio of the net worth of the credit union1 plus any loan loss reserves 7subject to limitations established by the ,board71 and minus the credit union's deposit in the ,fund1 to 7,b7 the risk assets of the credit union1 as defined by the ,board4 4 7#c7 ,amendments relating to net worth restoration plans 7,a7 ,temporary waiver of net worth restoration plan requirement in response to disasters ,subsection #baf7;f77#a7 of the ,federal ,credit ,union ,act is amended by striking ,each insured credit union and inserting ,except as determined by the ,board in the case of a credit union that becomes or remains no less than undercapitalized due to the impact of a major natural or man-made disaster1 each insured credit union4 7,b7 ,net worth restoration requirement for credit unions that are not well capitalized ,section #baf7;e7 of the ,federal ,credit ,union ,act is amended to read as follows3 7e7 ,net worth restoration plan requirement applicable to credit unions that are not well capitalized ,the ,board may require an insured credit union that is not well capitalized to submit a net worth restoration plan1 as required under subsection 7f71 if-- 7#a7 material safety and soundness concerns caused the credit union to become less than well capitalized2 and 7#b7 the safety and soundness concerns remain unresolved4 4 7,c7 ,board action may include order to credit union ,section #baf7;i77#a77;,b7 of the ,federal ,credit ,union ,act is amended-- 7i7 by inserting order the credit union to before take such other action2 and 7ii7 by inserting 1 in the discretion of the ,board1 after as the ,board4 7,d7 ,substitution of #ij calendar days ,section #baf7;i77#c77;,a7 of the ,federal ,credit ,union ,act is amended-- 7i7 by striking calendar quarter and inserting #ij calendar days2 and 7ii7 by inserting first after the date on which the credit union4 7,e7 ,clarification of coordination requirement ,section #baf7l77#c77;,a77ii7 of the ,federal ,credit ,union ,act is amended by inserting before the semicolon the following3 1 if the ,board determines that such action by the official will carry out the purpose of this section4 7f7 ,study on reform of prompt corrective action 7#a7 ,study ,the ,national ,credit ,union ,administration ,board shall carry out a study of problems associated with the current prompt corrective action regime4 ,in carrying out such study1 the ,board shall consult with qualified industry and ,national ,credit ,union ,administration representatives4 7#b7 ,report ,not later than the end of the #a-year period beginning on the date of the enactment of this ,act1 the ,board shall issue a report to the ,congress containing all findings and determinations made in carrying out the study required under paragraph 7#a71 including any specific legislative recommendations recommended by the ,board4 #d4 ,review of credit union regulations 7a7 ,cost-,benefit ,analysis 7#a7 ,national ,credit ,union ,administration ,section #abj of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #agff71 as amended by section #b1 is further amended by adding at the end the following3 7m7 ,cost-,benefit ,analyses 7#a7 ,pre-issuance ,each regulation issued by the ,board shall include a thorough cost-benefit analysis that details the estimated cost to a credit union of complying with such regulation compared to the measurable benefit the regulation may have4 ,any information provided to the ,board from credit unions for purposes of the ,board's analysis shall be on a voluntary basis4 7#b7 #c-year review ,at the end of the #c-year period following the date on which the ,board issues a final regulation1 the ,board shall-- 7,a7 carry out a review of the actual cost to a credit union of complying with the regulation2 and 7,b7 issue a report to the ,congress containing the results of such review4 7#c7 ,rule revision ,if1 in carrying out a review under paragraph 7#b71 the ,board determines that the actual cost of complying with a regulation is more than #bj percent higher than the ,board initially estimated1 the ,board shall revise the rule4 4 7#b7 ,bureau of ,consumer ,financial ,protection ,section #ajbb of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #eeab7 is amended by adding at the end the following3 7e7 ,regulations applicable to credit unions 7#a7 ,cost-benefit analyses 7,a7 ,pre-issuance ,each regulation issued by the ,bureau shall1 to the extent the rule applies to a credit union1 include a thorough cost-benefit analysis that details the estimated cost to a credit union of complying with such regulation compared to the measurable benefit the regulation may have4 ,any information provided to the ,bureau from credit unions for purposes of its analysis shall be on a voluntary basis4 7,b7 #c-year review ,at the end of the #c-year period following the date on which the ,bureau issues a final regulation that applies to a credit union1 the ,bureau shall-- 7i7 carry out a review of the actual cost to a credit union of complying with the regulation2 and 7ii7 issue a report to the ,congress containing the results of such review4 7,c7 ,rule revision ,if1 in carrying out a review under subparagraph 7,b71 the ,bureau determines that the actual cost of complying with a regulation is more than #bj percent higher than the ,bureau initially estimated1 the ,bureau shall revise the rule4 7#b7 ,additional considerations ,in proposing any regulation that applies to credit unions1 the ,bureau shall-- 7,a7 consider the impact of such regulation on-- 7i7 all federally insured credit unions2 and 7ii7 consumers in rural areas2 and 7,b7 consult with the ,national ,credit ,union ,administration and other appropriate ,federal agencies1 both prior to proposing such regulation and during the comment process for such regulation1 regarding consistency with prudential1 market1 and systemic objectives of such ,administration and other agencies4 7#c7 ,objections 7,a7 ,in general ,if1 during the consultation process described in paragraph 7#b77;,b71 the ,national ,credit ,union ,administration or another agency provides the ,bureau with a written objection to the proposed regulation1 or a portion thereof1 the ,bureau shall include with the final regulation a description of the objection and the basis for the ,bureau's decision1 if any1 regarding such objection4 7,b7 ,construction ,nothing in this subsection shall be construed as altering or limiting the procedures under section #ajbc that may apply to any regulation prescribed by the ,bureau4 4 #e4 ,modernizing the ,central ,liquidity ,facility 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall1 in consultation with the ,national ,credit ,union ,administration1 carry out a study of the ,central ,liquidity ,facility that examines the need for any improvements or modernizing needed of such ,facility4 7b7 ,report ,not later than the end of the #ahj-;day period beginning on the date of the enactment of this ,act1 the ,comptroller ,general shall issue a report to the ,congress containing all of the findings and determinations made in carrying out the study required under subsection 7a71 including any legislative recommendations the ,comptroller ,general may have for modernizing the ,central ,liquidity ,facility4 #f4 ,modernizing credit union investment options 7a7 ,investments in securities by ,federal credit unions ,section #ajg of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #ageg7 is amended-- 7#a7 by striking ,a ,federal credit union and inserting the following3 7a7 ,in general ,a ,federal credit union 2 and 7#b7 by adding at the end the following new subsection3 7b7 ,investment for the credit union's own account 7#a7 ,in general ,a ,federal credit union may purchase and hold for its own account such investment securities of investment grade as the ,board may authorize by regulation1 subject to such limitations and restrictions as the ,board may prescribe4 7#b7 ,percentage limitations 7,a7 ,single person ,the total amount of investment securities of any single person held by a ,federal credit union for the credit union's own account may not exceed #aj percent of the net worth of the credit union4 7,b7 ,aggregate investments ,the aggregate amount of investment securities held by a ,federal credit union for the credit union's own account may not exceed #aj percent of the total assets of the credit union4 7#c7 ,definitions ,for purposes of this subsection3 7,a7 ,investment grade ,the term investment grade means1 with respect to an investment security purchased by a credit union for its own account1 an investment security that at the time of such purchase meets the credit criteria established by the ,board and reflects the applicable market standards4 7,b7 ,investment security 7i7 ,in general ,the term investment security means marketable obligations evidencing the indebtedness of any person in the form of bonds1 notes1 or debentures and other instruments commonly referred to as investment securities4 7ii7 ,further definition by board ,the ,board may further define the term investment security4 7#d7 ,clarification of prohibition on stock ownership ,no provision of this subsection shall be construed as authorizing a ,federal credit union to purchase shares of stock of any corporation for the credit union's own account1 except as otherwise permitted by law4 4 7b7 ,mortgage servicing rights ,section #ajg7;a7 of the ,federal ,credit ,union ,act1 as amended by this section1 is further amended by adding at the end the following3 7#ah7 ,federal credit unions may purchase mortgage servicing rights as an investment1 including purchases of mortgage servicing rights from other credit unions subject to limits established by the ,board4 4 #g4 ,national ,credit ,union ,share ,insurance ,fund parity with ,federal ,deposit ,insurance ,corporation ,section #bjg7k77#a7 of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #aghg7k77#a77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by inserting after deposits in the name of the member the following3 or held in the member's account on behalf of another person2 and 7,b7 by striking the member and inserting the person2 and 7#b7 in subparagraph 7,c71 by striking or in joint tenancy4 and inserting the following3 in joint tenancy1 or where a member holds funds for the use of a nonmember4 ,coverage for an account established by a member shall be consistent with that of the ,federal ,deposit ,insurance ,corporation1 regardless of the membership status of the owner of the funds that are deposited in an account established by a member44 #h4 ,enhancing the authority of the appropriate ,federal banking agencies 7a7 ,in general ,the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #edha et seq47 is amended by inserting after section #ajbc the following3 #ajbc;,a4 ,review of ,bureau regulations on depository institutions ,if the appropriate ,federal banking agency determines that a regulation issued by the ,bureau would create an undue hardship when applied to a class of depository institutions regulated by such agency1 the agency may-- 7#a7 delay the application of the regulation to the class of depository institutions until such time as the agency determines such application would not create an undue hardship2 and 7#b7 modify such regulation1 as applied to the class of depository institutions1 so long as the agency determines that such modification still meets the ,bureau's objective in issuing the regulation4 4 7b7 ,technical amendment ,the table of contents for the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act is amended by inserting after the item relating to section #ajbc the following new item3 #ajbc;,a4 ,review of ,bureau regulations on depository institutions4 4 #i4 ,review of depository institution regulations 7a7 ,cost-,benefit ,analysis 7#a7 ,pre-issuance ,each regulation issued by an appropriate ,federal banking agency shall include a thorough cost-benefit analysis that details the estimated cost to a depository institution of complying with such regulation compared to the measurable benefit the regulation may have4 ,any information provided to an agency from a depository institution for purposes of the agency's analysis shall be on a voluntary basis4 7#b7 #c-year review ,at the end of the #c-year period following the date on which the agency issues a final regulation1 the agency shall-- 7,a7 carry out a review of the actual cost to a depository institution of complying with the regulation2 and 7,b7 issue a report to the ,congress containing the results of such review4 7#c7 ,rule revision ,if1 in carrying out a review under paragraph 7#b71 the agency determines that the actual cost of complying with a regulation is more than #bj percent higher than the agency initially estimated1 the agency shall revise the rule4 7#d7 ,definitions ,for purposes of this subsection1 the terms appropriate ,federal banking agency and depository institution have the meaning given such terms1 respectively1 under section #c of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac74 7b7 ,bureau of ,consumer ,financial ,protection ,section #ajbb of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #eeab71 as amended by section #d1 is further amended by adding at the end the following3 7f7 ,regulations applicable to depository institutions 7#a7 ,cost-benefit analyses 7,a7 ,pre-issuance ,each regulation issued by the ,bureau shall1 to the extent the rule applies to a depository institution1 include a thorough cost-benefit analysis that details the estimated cost to a depository institution of complying with such regulation compared to the measurable benefit the regulation may have4 ,any information provided to the ,bureau from depository institutions for purposes of its analysis shall be on a voluntary basis4 7,b7 #c-year review ,at the end of the #c-year period following the date on which the ,bureau issues a final regulation that applies to a credit union1 the ,bureau shall-- 7i7 carry out a review of the actual cost to a depository institution of complying with the regulation2 and 7ii7 issue a report to the ,congress containing the results of such review4 7,c7 ,rule revision ,if1 in carrying out a review under subparagraph 7,b71 the ,bureau determines that the actual cost of complying with a regulation is more than #bj percent higher than the ,bureau initially estimated1 the ,bureau shall revise the rule4 7#b7 ,additional considerations ,in proposing any regulation that applies to depository institutions1 the ,bureau shall-- 7,a7 consider the impact of such regulation on-- 7i7 community-based depository institutions2 and 7ii7 consumers in rural areas2 and 7,b7 consult with the appropriate ,federal banking agencies1 both prior to proposing such regulation and during the comment process for such regulation1 regarding consistency with prudential1 market1 and systemic objectives of such agencies4 7#c7 ,objections 7,a7 ,in general ,if1 during the consultation process described in paragraph 7#b77;,b71 an agency provides the ,bureau with a written objection to the proposed regulation1 or a portion thereof1 the ,bureau shall include with the final regulation a description of the objection and the basis for the ,bureau's decision1 if any1 regarding such objection4 7,b7 ,construction ,nothing in this subsection shall be construed as altering or limiting the procedures under section #ajbc that may apply to any regulation prescribed by the ,bureau4 4