Risk-Based Capital Study Act of 2015

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Risk-Based Capital Study Act of 2015

(Sec. 2) This bill directs the National Credit Union Administration (NCUA) to study the appropriate capital requirements for federal credit unions and state credit unions, including:

• whether the NCUA has the clear legal authority to prescribe separate risk-based capital thresholds for both "adequately capitalized" and "well capitalized" credit unions;
• a discussion of the differences between credit unions and other types of depository institutions and reasons why they should have similar or different risk-weights for their capital requirements;
• a discussion of the rationale behind the risk-weights assigned in the proposed NCUA rule "Risk-Based Capital"; and
• an analysis of the impact the proposed rule would have upon excess capital above the minimum level for a credit union to be "well capitalized" (a credit union's "capital cushion"), including the potential impact upon credit union lending and credit union examinations.

A credit union may not be required to provide information regarding the capital standards sought in the NCUA study, but may provide it voluntarily.

(Sec. 3) The NCUA may not issue or implement any final rule or regulation governing risk-based capital (including the proposed rule) earlier than 120 days after it reports to Congress on the study.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2769 Introduced in House (IH)]

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.

    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 ``Risk-Based Capital Study Act of 
2015''.

SEC. 2. NCUA STUDY.

    (a) In General.--The National Credit Union Administration shall 
conduct a study of the appropriate capital requirements for Federal 
credit unions and State credit unions (as such terms are defined, 
respectively, under section 101 of the Federal Credit Union Act (12 
U.S.C. 1752) (hereinafter referred to as ``credit unions'')).
    (b) Issues To Be Studied.--The study required under subsection (a) 
shall include--
            (1) an analysis of whether or not the National Credit Union 
        Administration has the clear legal authority to prescribe 
        separate risk-based capital thresholds for both ``adequately 
        capitalized'' and ``well capitalized'' credit unions;
            (2) a discussion of the differences between credit unions 
        and other types of depository institutions and reasons why they 
        should have similar or different risk-weights for their capital 
        requirements;
            (3) a discussion of the rationale behind the risk-weights 
        assigned in the proposed rule of the National Credit Union 
        Administration titled ``Risk-Based Capital'' (80 Fed. Reg. 
        4340; January 27, 2015); and
            (4) an analysis of the impact the proposed rule described 
        in paragraph (3) would have on excess capital above the minimum 
        level for a credit union to be ``well capitalized'' (a credit 
        union's ``capital cushion'') including the impact it could have 
        on credit union lending and credit union examinations.
    (c) Voluntary Participation.--Any credit union may voluntarily 
provide information for the study required under subsection (a) upon 
the request of the National Credit Union Administration, but may not be 
required to provide such information.
    (d) Report to Congress.--Not later than 270 days after the date of 
the enactment of this Act, the National Credit Union Administration 
shall issue a report to the Committee on Banking, Housing, and Urban 
Affairs of the Senate and the Committee on Financial Services of the 
House of Representatives containing--
            (1) all findings and determinations made in carrying out 
        the study required under subsection (a); and
            (2) any legislative recommendations of the National Credit 
        Union Administration to improve the capital system for credit 
        unions or establish a risk-based capital system for credit 
        unions.

SEC. 3. DELAY OF RULEMAKING.

    Notwithstanding any other provision of law, the National Credit 
Union Administration may not issue or implement any final rule or 
regulation with respect to risk-based capital for credit unions, 
including the proposed rule described under section 2(b)(3), before the 
end of the 120-day period beginning on the date the National Credit 
Union Administration issues the report required under section 2(d).
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