Legislative Affairs

NASCUS is dedicated to providing focused and incisive advocacy on behalf of the state-chartered credit union system, with a strong voice on Capitol Hill extolling the benefits of the dual charter. NASCUS generally comments only on federal legislation which: affects the dual chartering system, impacts state-chartered credit unions, touches on state-chartered credit union share insurance requirements, or infringes upon state regulatory authority.


IN THE 115TH CONGRESS -- WHAT WE ARE FOLLOWING:

HR 3736 – “Risk-Based Capital Study Act of 2017” 

Summary:  Requires NCUA to conduct a study of the appropriate capital requirements for credit unions

Status: Introduced in September 2017; no further action


HR 3299 – “Protecting Consumers Access to Credit Act of 2017”

Summary:  Amends the Federal Credit Union Act to require the rate of interest on certain loans remain unchanged after the loan have been transferred

Status: Introduced in July 2017; committee consideration/mark up in Oct 2017; no further action


HR 2954 – “Home Mortgage Disclosure Adjustment Act”

Summary: 

Amends the Home Mortgage Disclosure Act of 1975 to provide an exemption from certain record and disclosure requirements for depository institutions that originated fewer than 1000 closed-end mortgage loans in each of the two preceding years and for depository institutions that originated fewer than 2000 open-end lines of credit in each of the two preceding years. 

Status:  Introduced in June 2017; no further action


HR 3971 – “Community Institution Mortgage Relief Act of 2017” 

Summary:

Amends the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act of 1974 (RESPA) to modify the mortgage loan rules for community financial institutions.

Status: Introduced in October 2017; Committee consideration/mark up in October 2017; no further action.


S. 1910 – State Regulatory Representation Clarification Act

Summary:

Legislation that provides for the requirement that the Federal Deposit Insurance Corporation (FDIC) Board of Directors appoint at least one individual with state bank supervisor experience 

Status: Introduced on October 3, 2017

(*Similar legislation, HR 3915, was introduced on October 3, 2017).


HR 10: Financial CHOICE Act of 2017

(MEMBERS ONLY: See detailed summary/analysis here (member log-in required)

Summary:

The bill revises the Federal Credit Union Act to:

  • Bring NCUA under the Congressional appropriations process
  • Require NCUA to publish a draft version of its budget in the Federal Register; hold a public hearing on its budget and accept public comments; respond to public’s comments on its budget

The bill revises the Consumer Financial Protection Act to:

  • Convert the CFPB into a consumer law enforcement agency
  • Bring the CFPB under the Congressional appropriations process and Congressional oversight
  • Eliminate the Bureau’s supervisory authority over financial institutions
  • Limit the Bureau’s authority to take action against entities for abusive practices

In addition, the bill repeals the Durbin Amendment limitations on fees that may be charges to retailers for debit card processing, among other things.

Status: Introduced on 4/26/17; referred to the Subcommittee on Commodity Exchanges, Energy and Credit on 5/04/17


HR 1009:  Office of Information and Regulatory Affairs (OIRA) Insight, Reform and Accountability Act

Summary:

Bill will revise the centralized regulatory review process for the OIRA.  OIRA’s review would be expanded to include the “significant regulatory actions” of independent regulatory agencies.  However, exclusions from OIRA review are provided to the Government Accountability Office, Federal Election Commission, the governments of the District of Columbia and US territories, and government-owned contractor-operated facilities.

Status: Introduced on 2/13/17; Passed House on 03/01/17


HR 1264: Community Financial Institution Exemption Act

Summary:

Amends the Consumer Financial Protection Act of 2010 to provide an exemption from rules and regulations of the Consumer Financial Protection Bureau for community financial institutions with some exceptions.  “Community Financial Institution” is defined as an insured depository institution or credit union with less than $50,000,000,000 in consolidated access.

Status: Introduced on 02/28/17 and referred to House Financial Service Committee; no further action.


HR 1244: Capital Access for Small Businesses and Jobs Act

Summary:

Amends the Federal Credit Union Act to clarify the National Credit Union Administration’s authority to improve credit union safety and soundness by allowing the receipt of payments of certain uninsured, nonshare accounts.

Status: Introduced on 2/28/17; no further action.


S. 366: TAILOR Act of 2017

Summary: To require federal financial institutions regulatory agencies to take risk profiles and business models of institutions into account when taking regulatory actions

Status:  Introduced 02/13/17; no further action

(*Similar legislation, HR 1116, was introduced on Feb. 16, 2017)


HR 975 – Respect State Marijuana Laws Act of 2017

Summary:  Amends the Controlled Substances Act to provide for a new rule regarding the application of the Act to marijuana.  Specifically, the Controlled Substances Act would not apply to any person “acting in compliance with State laws relating to the production, possession, distribution, dispensation, administration or delivery of marihuana.”

Status: Introduced on 02/07/17; 02/10/2017 Referred to the Subcommittee on Health.


HR 924: Financial Institutions Due Process Act of 2017

Summary:

Amends the Federal Financial Institutions Examination Council Act of 1978 to establish a three-judge independent examination review panel.  The judges would serve three year terms unless otherwise provided by the Act and would be required to have specific financial industry expertise. 

Status: Introduced on 02/07/17; referred to Committee on Financial Services on Feb. 7, 2017; no further action.


HR 864: Stop Debt Collection Abuse Act of 2017

Summary:  Amends the Fair Debt Collection Practices Act to restrict the debt collection practices of certain debt collectors.

Status: Introduced on 02/03/17


H.R. 714: Legitimate Use of Medical Marijuana Act (LUMMA)

Summary:  To provide for the legitimate use of medicinal marihuana in accordance with the laws of various States.

Status: Introduced on 01/27/17; referred to the House Committee on Energy and Commerce on 01/27/17.


HR 715: Compassionate Access Act

Summary: To provide for the rescheduling of marihuana; the medical use of marihuana in accordance with State law; and the exclusion of “cannabidiol” from the definition of marihuana.

Status: Introduced on 01/27/17; referred to the House Judiciary.


S. 223: Senior Safe Act of 2017

Summary:  Provides immunity from suit to certain individuals who disclose potential examples of financial exploitation of senior citizens. 

Status: Introduced on 1/24/17

RELATED:

HR 3758 – “Senior Safe Act of 2017” 

Status: Introduced in September 2017; Committee consideration/Mark Up in October 2017; no further action.


S. 105: CFPB Board Act of 2017

Summary:  Amends the Consumer Financial Protection Act of 2010 to transition the Bureau of Consumer Financial Protection leadership to a 5 member Board of Directors.

Status: Introduced on 01/11/17


HR 26:  Regulations from the Executive in Need of Scrutiny Act of 2017 (“REINS Act”)

Summary:  Amends Chapter 8 of Title 5, United States Code, to provide for congressional review of agency rulemaking.  Under the Act, a federal agency promulgating a rule must publish information about the rule in the Federal Register and include in a report to Congress and the GAO the following: (i) a classification of the rule as a “major” or “non-major” rule and (ii) a copy of the cost-benefit analysis taking into account several factors.

A joint resolution of approval must be enacted within 70 session days or legislative days after the agency proposing a “major rule” submits its report on such rule to Congress.  A “major rule” is defined as any rule that the “Office of Information and Regulatory Affairs of OMB finds results in (i) an annual effect on the economy of $100 million or more; (ii) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (iii) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of US based enterprises to compete with foreign-based enterprises.

Status: Introduced in House (01/03/17); Passed House (01/05/17)


HR 389:   Credit Union Residential Loan Parity Act
 
Summary:  To amend the Federal Credit Union Act (FCUA) to exclude a loan secured by a non-owner occupied 1-to-4 family dwelling from the definition of a member business loan and for other purposes.

Status: Introduced in House (01/10/17)


 

Significant legislative actions, previous Congress (114th Congress)

Significant legislative actions, earlier Congress (113th Congress)


NASCUS' Key Issues

NCUA Board Reform
The NCUA Board has responsibility for the safe, sound, and effective administration of the credit union share insurance fund, 41% of whose stakeholder credit unions are state-chartered.  Given the substantial interaction between the Board and state regulators and the importance of the dual-chartering system to the health and safety of the credit union system, one seat on the NCUA Board should be designated for a candidate who has served as a state credit union supervisor.  In addition, the Board should be expanded from three members to five in order to enhance its deliberative process, expand its collective expertise, and improve the efficient administration of NCUA business.  These changes to NCUA governance would:

  • Align with NCUA’s own standards for federal credit union governance (12 U.S.C. 1761(a));
  • Allow Board members to communicate with each other directly without triggering Sunshine Act requirements (5 U.S.C. 552b); 
  • Streamline supervisory coordination between state and federal regulators and minimize redundancies;
  • Provide important perspective on the impact of federal regulations on local communities; and
  • Cost nothing for American taxpayers and require de minimis cost to the credit union system.

The NCUA Board of the Future

NCUA Board Reform Briefing Paper

Statement for the Record to Senate Committee on Banking, Housing, and Urban Affairs Hearing on Regulatory Relief for Community Banks and Credit Unions, February 10, 2015


Supplemental Capital
NASCUS has consistently encouraged NCUA, Congress and others to embrace capital reform for credit unions as a tool for enhancing safety and soundness. As an active member of the Coalition for Credit Union Access, NASCUS has worked tirelessly to build consensus on this issue to ensure that credit unions are given the tools they need to maintain safe capital levels during good and bad economic times. 

A capital structure limited exclusively to retained earnings significantly disadvantages credit unions in facing unexpected economic shocks, and penalizes well-run institutions that are simply attracting deposits too quickly. Under the current system, a credit union that has been successful at attracting deposits may find itself in regulatory trouble if its lending does not increase at the same pace as deposits. The new deposits increase the credit union’s assets, which can deplete its net worth ratio and trigger statutory action from regulators.  NASCUS is working with NCUA and Congress to pursue all regulatory and legislative solutions.


Supplemental Capital Legislation

Coalition for Credit Union Access

Supplemental Capital Regulation

State Laws

Q&A on Supplemental Capital

2007 Filene Research Study: In a NASCUS supported study, the Filene Research Institute makes the case for expanded sources of credit union capital.

2005 NASCUS White Paper - Alternative Capital for Credit Unions... Why Not?

NASCUS Letters to Capitol Hill

Sept. 14, 2016
Letter supporting OTR transparency bill| (HR 5869)

July 13, 2016
Letter on CHOICE, 5-member NCUA Board

July 22, 2015
Letter to House financial institution subcommittee leaders in advance of July 23 NCUA hearing

July 15, 2015

NASCUS Support for the Marijuana Businesses Access to Banking Act of 2015

June 25, 2015
NASCUS Support for S. 924, the National Credit Union Administration Budget Transparency Act

June 11, 2015
National Credit Union Administration Budget Transparency Act

June 4, 2015

Credit Union Residential Loan Parity Act




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