[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3736 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3736

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

                           September 11, 2017

  Mr. Posey (for himself and Mr. Heck) 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 
2017''.

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 final rule of the National Credit Union 
        Administration titled ``Risk-Based Capital'' (80 Fed. Reg. 
        66626; October 29, 2015); and
            (4) an analysis of the impact the final 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 final 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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