I 

114TH CONGRESS 

1ST SESSION H. R. 2769 

To require the National Credit Union Administration to conduct a study 

of the appropriate capital requirements for credit unions, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2015 

Mr. FINCHER (for himself, Mr. HECK of Washington, and Mr. POSEY) introduced the following bill; which was referred to the Committee on Financial Services 

A BILL 

To require the National Credit Union Administration to conduct a study of the appropriate capital requirements 

for credit unions, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Risk-Based Capital 

5 Study Act of 2015’’. 

6 SEC. 2. NCUA STUDY. 

7 (a) IN GENERAL.—The National Credit Union Ad8 ministration shall conduct a study of the appropriate cap9 ital requirements for Federal credit unions and State credVerDate Sep 11 2014 04:20 Jun 18, 2015 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2769.IH H2769

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1 it unions (as such terms are defined, respectively, under 

2 section 101 of the Federal Credit Union Act (12 U.S.C. 

3 1752) (hereinafter referred to as ‘‘credit unions’’)). 

4 (b) ISSUES TO BE STUDIED.—The study required 

5 under subsection (a) shall include— 

6 (1) an analysis of whether or not the National 

7 Credit Union Administration has the clear legal au8 thority to prescribe separate risk-based capital 

9 thresholds for both ‘‘adequately capitalized’’ and 

10 ‘‘well capitalized’’ credit unions; 

11 (2) a discussion of the differences between cred12 it unions and other types of depository institutions 

13 and reasons why they should have similar or dif14 ferent risk-weights for their capital requirements; 

15 (3) a discussion of the rationale behind the 

16 risk-weights assigned in the proposed rule of the Na17 tional Credit Union Administration titled ‘‘Risk18 Based Capital’’ (80 Fed. Reg. 4340; January 27, 

19 2015); and 

20 (4) an analysis of the impact the proposed rule 

21 described in paragraph (3) would have on excess 

22 capital above the minimum level for a credit union 

23 to be ‘‘well capitalized’’ (a credit union’s ‘‘capital 

24 cushion’’) including the impact it could have on 

25 credit union lending and credit union examinations. 


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1 (c) VOLUNTARY PARTICIPATION.—Any credit union 

2 may voluntarily provide information for the study required 

3 under subsection (a) upon the request of the National 

4 Credit Union Administration, but may not be required to 

5 provide such information. 

6 (d) REPORT TO CONGRESS.—Not later than 270 days 

7 after the date of the enactment of this Act, the National 

8 Credit Union Administration shall issue a report to the 

9 Committee on Banking, Housing, and Urban Affairs of 

10 the Senate and the Committee on Financial Services of 

11 the House of Representatives containing— 

12 (1) all findings and determinations made in car13 rying out the study required under subsection (a); 

14 and 

15 (2) any legislative recommendations of the Na16 tional Credit Union Administration to improve the 

17 capital system for credit unions or establish a risk18 based capital system for credit unions. 

19 SEC. 3. DELAY OF RULEMAKING. 

20 Notwithstanding any other provision of law, the Na21 tional Credit Union Administration may not issue or im22 plement any final rule or regulation with respect to risk23 based capital for credit unions, including the proposed rule 

24 described under section 2(b)(3), before the end of the 120- 

25 day period beginning on the date the National Credit 


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1 Union Administration issues the report required under 

2 section 2(d). 

Æ 


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