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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2572 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2572

To improve the regulation of credit unions and depository institutions 
       and to provide regulatory relief, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2013

 Mr. Gary G. Miller of California introduced the following bill; 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 relief, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regulatory Relief for Credit Unions 
Act of 2013''.

SEC. 2. ENHANCING THE AUTHORITY OF THE NATIONAL CREDIT UNION 
              ADMINISTRATION.

    (a) Review of Bureau Regulations.--
            (1) In general.--Section 120 of the Federal Credit Union 
        Act (12 U.S.C. 1766) is amended by adding at the end the 
        following:
    ``(k) Review of Bureau Regulations.--If the Board determines that a 
regulation issued by the Bureau would create an undue hardship when 
applied to credit unions, the Board may--
            ``(1) delay the application of the regulation to credit 
        unions until such time as the Board determines such application 
        would not create an undue hardship; and
            ``(2) modify such regulation, as applied to credit unions, 
        so long as the Board determines that such modification still 
        meets the Bureau's objective in issuing the regulation.''.
            (2) Bureau defined.--Section 101 of the Federal Credit 
        Union Act (12 U.S.C. 1752) is amended by adding at the end the 
        following new paragraph:
            ``(10) The term `Bureau' means the Bureau of Consumer 
        Financial Protection.''.
    (b) Use of State Regulations by Federal Credit Unions.--Section 120 
of the Federal Credit Union Act (12 U.S.C. 1766), as amended by 
subsection (a), is further amended by adding at the end the following:
    ``(l) Use of State Regulations.--
            ``(1) Application.--With respect to a State law applicable 
        to a State credit union, a Federal credit union may apply to 
        the Board for permission to comply with such regulation in lieu 
        of the applicable Federal regulation (if any), for purposes of 
        the credit union's branches located in such State. Such 
        permission shall only apply to the State for which the 
        permission is given, and the Federal credit union may not 
        comply with such regulation in any other State in lieu of the 
        applicable Federal regulation.
            ``(2) Determination.--The Board may approve an application 
        received under paragraph (1) if the Board determines that 
        having the Federal credit union's branches in such State comply 
        with the particular State law would--
                    ``(A) improve the credit unions's ability to serve 
                members and lend in that particular State; and
                    ``(B) not endanger the safety and soundness of the 
                credit union.
            ``(3) Exception.--Notwithstanding paragraph (1), 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 107A.''.

SEC. 3. IMPROVED CAPITAL STANDARDS AND LEVERAGE RATIOS FOR CREDIT 
              UNIONS.

    (a) In General.--Section 216 of the Federal Credit Union Act (12 
U.S.C. 1790d) is amended--
            (1) by redesignating subsection (o) as subsection (p);
            (2) by inserting after subsection (n) the following:
    ``(o) Revised Capital Standards.--
            ``(1) Two-tier system.--The Board shall implement a two-
        tier system of net worth ratios for credit unions, consisting 
        of a risk-based net worth ratio and a net worth capital ratio. 
        Net worth categories in this section shall take into account 
        the simplicity or complexity of credit unions in terms of risk 
        profile.
            ``(2) 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 union. Such standards shall take into 
        account the unique nature of credit unions and, to the extent 
        practicable, be comparable to, but not necessarily identical 
        to, the leverage ratio standards under section 38 of the 
        Federal Deposit Insurance Act.''; and
            (3) in subsection (p), as so redesignated, by amending 
        paragraph (2) to read as follows:
            ``(2) Net worth.--The term `net worth'--
                    ``(A) with respect to any insured credit union, 
                means the retained earnings balance of the credit 
                union, as determined under generally accepted 
                accounting principles, together with--
                            ``(i) any amounts that were previously 
                        retained earnings of any other credit union 
                        with which the credit union has combined; and
                            ``(ii) components of equity under generally 
                        accepted accounting principles not included in 
                        retained earnings, as determined by the Board;
                    ``(B) with respect to any insured credit union, 
                includes, at the Board's discretion and subject to 
                rules and regulations established by the Board, 
                assistance provided under section 208 of this title to 
                facilitate a least-cost resolution consistent with the 
                best interests of the credit union system; and
                    ``(C) with respect to a low income credit union, 
                includes secondary capital accounts, subject to 
                limitations set by the Board to address the safe and 
                sound use of secondary capital to carry out the purpose 
                of this section, that are--
                            ``(i) uninsured; and
                            ``(ii) subordinate to all other claims 
                        against the credit union, including the claims 
                        of creditors, shareholders, and the Fund.''.
    (b) Amendments to Net Worth Categories.--
            (1) Section 216(c)(1) of the Federal Credit Union Act is 
        amended as follows:
                    (A) Well capitalized.--In subparagraph (A), by 
                striking clauses (i) and (ii) and inserting the 
                following:
                            ``(i) it has a risk-based net worth ratio 
                        of not less than 10 percent; or
                            ``(ii) is considered to be well capitalized 
                        by any other standard, as determined by the 
                        Board.''.
                    (B) Adequately capitalized.--In subparagraph (B), 
                by striking clauses (i) and (ii) and inserting the 
                following:
                            ``(i) it has a risk-based net worth ratio 
                        of not less than 8 percent; or
                            ``(ii) is considered to be adequately 
                        capitalized by any other standard, as 
                        determined by the Board.''.
                    (C) Undercapitalized.--In subparagraph (C), by 
                striking clauses (i) and (ii) and inserting the 
                following:
                            ``(i) it has a risk-based net worth ratio 
                        of not less than 6 percent; or
                            ``(ii) is considered to be undercapitalized 
                        by any other standard, as determined by the 
                        Board.''.
                    (D) Significantly undercapitalized.--Subparagraph 
                (D) is amended to read as follows:
                    ``(D) Significantly undercapitalized.--An insured 
                credit union is `significantly undercapitalized' if--
                            ``(i) it has a net worth ratio of less than 
                        3.25 percent;
                            ``(ii) it has a net worth ratio of less 
                        than 4.25 percent, and either--
                                    ``(I) fails to submit an acceptable 
                                net worth restoration plan within the 
                                time allowed under subsection (f); or
                                    ``(II) materially fails to 
                                implement a net worth restoration plan 
                                approved by the Board; or
                            ``(iii) it has a risk-based net worth ratio 
                        of less than 6 percent.''.
            (2) Relevant capital measures.--Section 216(c)(2) of the 
        Federal Credit Union Act is amended--
                    (A) by striking ``, for purposes of section 38(c) 
                of the Federal Deposit Insurance Act,'';
                    (B) by striking ``(as those terms are used in 
                section 38),''; and
                    (C) by inserting ``or relevant capital measures as 
                defined by the Board'' after ``leverage limit'' each 
                place such term appears.
            (3) Adjustment of levels.--Section 216(c)(2)(A) of the 
        Federal Credit Union Act is amended--
                    (A) by striking ``Federal banking agencies increase 
                or decrease'' and inserting ``Federal Deposit Insurance 
                Corporation increases or decreases''; and
                    (B) by striking ``level for'' and inserting 
                ``levels for''.
            (4) Adjusting net worth levels.--Section 216(c)(2)(A) 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 4 
        percent of total assets (with respect to institutions regulated 
        by those agencies)'' and inserting ``the increase or decrease 
        made by the Federal Deposit Insurance Corporation''.
            (5) Consultation with federal deposit insurance 
        corporation.--Section 216(c)(2)(B)(i) of the Federal Credit 
        Union Act is amended by striking ``Federal banking agencies'' 
        and inserting ``Federal Deposit Insurance Corporation''.
    (c) Amendments Relating to Risk-Based Net Worth Requirements.--
Section 216(d) of the Federal Credit Union Act is amended--
            (1) in paragraph (1)--
                    (A) by striking ``that are complex, as defined by 
                the Board''; and
                    (B) by inserting ``, as defined by the Board'' 
                before the period at the end;
            (2) by amending paragraph (2) to read as follows:
            ``(2) Standard.--The Board shall design the risk-based net 
        worth requirement to take account of any material risks, as 
        defined by the Board, applicable to insured credit unions that 
        are taken account of by comparable standards applicable to 
        institutions insured by the Federal Deposit Insurance 
        Corporation.''; and
            (3) in the heading for such subsection, by striking ``for 
        Complex Credit Unions''.
    (d) Treatment Based on Other Criteria.--Section 216(h)(1) of the 
Federal Credit Union Act is amended to read as follows:
            ``(1) the Board may not reclassify an insured credit union 
        into a lower net worth category due solely to interest rate 
        risk, or treat an insured credit union as if it were in a lower 
        net worth category, for reasons not pertaining to the safety 
        and soundness of that credit union; and''.
    (e) Definitions Relating to Net Worth.--
            (1) Net worth ratio.--Section 216(p) of the Federal Credit 
        Union Act, as redesignated by subsection (a), is amended in 
        paragraph (3)--
                    (A) by inserting ``minus its deposit in the Fund,'' 
                after ``net worth of credit union''; and
                    (B) by inserting ``minus its deposit in the Fund'' 
                after ``total assets of the credit union''.
            (2) Risk-based net worth ratio.--Section 216(p) of the 
        Federal Credit Union Act, as redesignated by subsection (a), is 
        amended by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) Risk-based net worth ratio.--The term `risk-based net 
        worth ratio' means, with respect to any credit union--
                    ``(A) the ratio of the net worth of the credit 
                union, plus any loan loss reserves (subject to 
                limitations established by the Board), and minus the 
                credit union's deposit in the Fund, to
                    ``(B) the risk assets of the credit union, as 
                defined by the Board.''.
            (3) Amendments relating to net worth restoration plans.--
                    (A) Temporary waiver of net worth restoration plan 
                requirement in response to disasters.--Subsection 
                216(f)(1) 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 disaster, each insured credit union''.
                    (B) Net worth restoration requirement for credit 
                unions that are not well capitalized.--Section 216(e) 
                of the Federal Credit Union Act is amended to read as 
                follows:
    ``(e) 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 plan, as required under subsection (f), if--
            ``(1) material safety and soundness concerns caused the 
        credit union to become less than well capitalized; and
            ``(2) the safety and soundness concerns remain 
        unresolved.''.
                    (C) Board action may include order to credit 
                union.--Section 216(i)(1)(B) of the Federal Credit 
                Union Act is amended--
                            (i) by inserting ``order the credit union 
                        to'' before ``take such other action''; and
                            (ii) by inserting ``, in the discretion of 
                        the Board,'' after ``as the Board''.
                    (D) Substitution of 90 calendar days.--Section 
                216(i)(3)(A) of the Federal Credit Union Act is 
                amended--
                            (i) by striking ``calendar quarter'' and 
                        inserting ``90 calendar days''; and
                            (ii) by inserting ``first'' after ``the 
                        date on which the credit union''.
                    (E) Clarification of coordination requirement.--
                Section 216(l)(3)(A)(ii) of the Federal Credit Union 
                Act is amended by inserting before the semicolon the 
                following: ``, if the Board determines that such action 
                by the official will carry out the purpose of this 
                section''.
    (f) Study on Reform of Prompt Corrective Action.--
            (1) Study.--The National Credit Union Administration Board 
        shall carry out a study of problems associated with the current 
        prompt corrective action regime. In carrying out such study, 
        the Board shall consult with qualified industry and National 
        Credit Union Administration representatives.
            (2) Report.--Not later than the end of the 1-year period 
        beginning on the date of the enactment of this Act, the Board 
        shall issue a report to the Congress containing all findings 
        and determinations made in carrying out the study required 
        under paragraph (1), including any specific legislative 
        recommendations recommended by the Board.

SEC. 4. REVIEW OF CREDIT UNION REGULATIONS.

    (a) Cost-Benefit Analysis.--
            (1) National credit union administration.--Section 120 of 
        the Federal Credit Union Act (12 U.S.C. 1766), as amended by 
        section 2, is further amended by adding at the end the 
        following:
    ``(m) Cost-Benefit Analyses.--
            ``(1) 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 have. Any information provided to the Board from credit 
        unions for purposes of the Board's analysis shall be on a 
        voluntary basis.
            ``(2) 3-year review.--At the end of the 3-year period 
        following the date on which the Board issues a final 
        regulation, the Board shall--
                    ``(A) carry out a review of the actual cost to a 
                credit union of complying with the regulation; and
                    ``(B) issue a report to the Congress containing the 
                results of such review.
            ``(3) Rule revision.--If, in carrying out a review under 
        paragraph (2), the Board determines that the actual cost of 
        complying with a regulation is more than 20 percent higher than 
        the Board initially estimated, the Board shall revise the 
        rule.''.
            (2) Bureau of consumer financial protection.--Section 1022 
        of the Consumer Financial Protection Act of 2010 (12 U.S.C. 
        5512) is amended by adding at the end the following:
    ``(e) Regulations Applicable to Credit Unions.--
            ``(1) Cost-benefit analyses.--
                    ``(A) Pre-issuance.--Each regulation issued by the 
                Bureau shall, to the extent the rule applies to a 
                credit union, 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 have. Any 
                information provided to the Bureau from credit unions 
                for purposes of its analysis shall be on a voluntary 
                basis.
                    ``(B) 3-year review.--At the end of the 3-year 
                period following the date on which the Bureau issues a 
                final regulation that applies to a credit union, the 
                Bureau shall--
                            ``(i) carry out a review of the actual cost 
                        to a credit union of complying with the 
                        regulation; and
                            ``(ii) issue a report to the Congress 
                        containing the results of such review.
                    ``(C) Rule revision.--If, in carrying out a review 
                under subparagraph (B), the Bureau determines that the 
                actual cost of complying with a regulation is more than 
                20 percent higher than the Bureau initially estimated, 
                the Bureau shall revise the rule.
            ``(2) Additional considerations.--In proposing any 
        regulation that applies to credit unions, the Bureau shall--
                    ``(A) consider the impact of such regulation on--
                            ``(i) all federally insured credit unions; 
                        and
                            ``(ii) consumers in rural areas; and
                    ``(B) consult with the National Credit Union 
                Administration and other appropriate Federal agencies, 
                both prior to proposing such regulation and during the 
                comment process for such regulation, regarding 
                consistency with prudential, market, and systemic 
                objectives of such Administration and other agencies.
            ``(3) Objections.--
                    ``(A) In general.--If, during the consultation 
                process described in paragraph (2)(B), the National 
                Credit Union Administration or another agency provides 
                the Bureau with a written objection to the proposed 
                regulation, or a portion thereof, the Bureau shall 
                include with the final regulation a description of the 
                objection and the basis for the Bureau's decision, if 
                any, regarding such objection.
                    ``(B) Construction.--Nothing in this subsection 
                shall be construed as altering or limiting the 
                procedures under section 1023 that may apply to any 
                regulation prescribed by the Bureau.''.

SEC. 5. MODERNIZING THE CENTRAL LIQUIDITY FACILITY.

    (a) Study.--The Comptroller General of the United States shall, in 
consultation with the National Credit Union Administration, carry out a 
study of the Central Liquidity Facility that examines the need for any 
improvements or modernizing needed of such Facility.
    (b) Report.--Not later than the end of the 180-day period beginning 
on the date of the enactment of this Act, 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 
(a), including any legislative recommendations the Comptroller General 
may have for modernizing the Central Liquidity Facility.

SEC. 6. MODERNIZING CREDIT UNION INVESTMENT OPTIONS.

    (a) Investments in Securities by Federal Credit Unions.--Section 
107 of the Federal Credit Union Act (12 U.S.C. 1757) is amended--
            (1) by striking ``A Federal credit union'' and inserting 
        the following:
    ``(a) In General.--A Federal credit union''; and
            (2) by adding at the end the following new subsection:
    ``(b) Investment for the Credit Union's Own Account.--
            ``(1) 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 regulation, 
        subject to such limitations and restrictions as the Board may 
        prescribe.
            ``(2) Percentage limitations.--
                    ``(A) 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 10 percent of the net worth of the 
                credit union.
                    ``(B) Aggregate investments.--The aggregate amount 
                of investment securities held by a Federal credit union 
                for the credit union's own account may not exceed 10 
                percent of the total assets of the credit union.
            ``(3) Definitions.--For purposes of this subsection:
                    ``(A) Investment grade.--The term `investment 
                grade' means, with respect to an investment security 
                purchased by a credit union for its own account, an 
                investment security that at the time of such purchase 
                meets the credit criteria established by the Board and 
                reflects the applicable market standards.
                    ``(B) Investment security.--
                            ``(i) In general.--The term `investment 
                        security' means marketable obligations 
                        evidencing the indebtedness of any person in 
                        the form of bonds, notes, or debentures and 
                        other instruments commonly referred to as 
                        investment securities.
                            ``(ii) Further definition by board.--The 
                        Board may further define the term `investment 
                        security'.
            ``(4) 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 account, except as 
        otherwise permitted by law.''.
    (b) Mortgage Servicing Rights.--Section 107(a) of the Federal 
Credit Union Act, as amended by this section, is further amended by 
adding at the end the following:
            ``(18) Federal credit unions may purchase mortgage 
        servicing rights as an investment, including purchases of 
        mortgage servicing rights from other credit unions subject to 
        limits established by the Board.''.

SEC. 7. NATIONAL CREDIT UNION SHARE INSURANCE FUND PARITY WITH FEDERAL 
              DEPOSIT INSURANCE CORPORATION.

    Section 207(k)(1) of the Federal Credit Union Act (12 U.S.C. 
1787(k)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) by inserting after ``deposits in the name of 
                the member'' the following: ``or held in the member's 
                account on behalf of another person''; and
                    (B) by striking ``the member'' and inserting ``the 
                person''; and
            (2) in subparagraph (C), by striking ``or in joint 
        tenancy.'' and inserting the following: ``in joint tenancy, or 
        where a member holds funds for the use of a nonmember. Coverage 
        for an account established by a member shall be consistent with 
        that of the Federal Deposit Insurance Corporation, regardless 
        of the membership status of the owner of the funds that are 
        deposited in an account established by a member.''.

SEC. 8. ENHANCING THE AUTHORITY OF THE APPROPRIATE FEDERAL BANKING 
              AGENCIES.

    (a) In General.--The Consumer Financial Protection Act of 2010 (12 
U.S.C. 5481 et seq.) is amended by inserting after section 1023 the 
following:

``SEC. 1023A. 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 agency, 
the agency may--
            ``(1) 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 hardship; 
        and
            ``(2) modify such regulation, as applied to the class of 
        depository institutions, so long as the agency determines that 
        such modification still meets the Bureau's objective in issuing 
        the regulation.''.
    (b) 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 1023 the following new item:

``1023A. Review of Bureau regulations on depository institutions.''.

SEC. 9. REVIEW OF DEPOSITORY INSTITUTION REGULATIONS.

    (a) Cost-Benefit Analysis.--
            (1) 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 have. Any information 
        provided to an agency from a depository institution for 
        purposes of the agency's analysis shall be on a voluntary 
        basis.
            (2) 3-year review.--At the end of the 3-year period 
        following the date on which the agency issues a final 
        regulation, the agency shall--
                    (A) carry out a review of the actual cost to a 
                depository institution of complying with the 
                regulation; and
                    (B) issue a report to the Congress containing the 
                results of such review.
            (3) Rule revision.--If, in carrying out a review under 
        paragraph (2), the agency determines that the actual cost of 
        complying with a regulation is more than 20 percent higher than 
        the agency initially estimated, the agency shall revise the 
        rule.
            (4) Definitions.--For purposes of this subsection, the 
        terms ``appropriate Federal banking agency'' and ``depository 
        institution'' have the meaning given such terms, respectively, 
        under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 
        1813).
    (b) Bureau of Consumer Financial Protection.--Section 1022 of the 
Consumer Financial Protection Act of 2010 (12 U.S.C. 5512), as amended 
by section 4, is further amended by adding at the end the following:
    ``(f) Regulations Applicable to Depository Institutions.--
            ``(1) Cost-benefit analyses.--
                    ``(A) Pre-issuance.--Each regulation issued by the 
                Bureau shall, to the extent the rule applies to a 
                depository institution, 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 have. Any information provided to the 
                Bureau from depository institutions for purposes of its 
                analysis shall be on a voluntary basis.
                    ``(B) 3-year review.--At the end of the 3-year 
                period following the date on which the Bureau issues a 
                final regulation that applies to a credit union, the 
                Bureau shall--
                            ``(i) carry out a review of the actual cost 
                        to a depository institution of complying with 
                        the regulation; and
                            ``(ii) issue a report to the Congress 
                        containing the results of such review.
                    ``(C) Rule revision.--If, in carrying out a review 
                under subparagraph (B), the Bureau determines that the 
                actual cost of complying with a regulation is more than 
                20 percent higher than the Bureau initially estimated, 
                the Bureau shall revise the rule.
            ``(2) Additional considerations.--In proposing any 
        regulation that applies to depository institutions, the Bureau 
        shall--
                    ``(A) consider the impact of such regulation on--
                            ``(i) community-based depository 
                        institutions; and
                            ``(ii) consumers in rural areas; and
                    ``(B) consult with the appropriate Federal banking 
                agencies, both prior to proposing such regulation and 
                during the comment process for such regulation, 
                regarding consistency with prudential, market, and 
                systemic objectives of such agencies.
            ``(3) Objections.--
                    ``(A) In general.--If, during the consultation 
                process described in paragraph (2)(B), an agency 
                provides the Bureau with a written objection to the 
                proposed regulation, or a portion thereof, the Bureau 
                shall include with the final regulation a description 
                of the objection and the basis for the Bureau's 
                decision, if any, regarding such objection.
                    ``(B) Construction.--Nothing in this subsection 
                shall be construed as altering or limiting the 
                procedures under section 1023 that may apply to any 
                regulation prescribed by the Bureau.''.
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