Credit Union Share Insurance Fund Parity Act (H
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The Credit Union Share Insurance Fund Parity Act () is a bill that would expand federal deposit insurance to include Interest on Lawyer Trust Accounts (IOLTAs) and similar escrow accounts housed within credit unions. The bill was introduced into the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
during the
113th United States Congress The 113th United States Congress was a meeting of the legislative branch of the United States federal government, from January 3, 2013, to January 3, 2015, during the fifth and sixth years of Barack Obama's presidency. It was composed of the ...
.


Provisions of the bill

''This summary is based largely on the summary provided by the
Congressional Research Service The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on a ...
, a
public domain The public domain (PD) consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because those rights have expired, ...
source.'' The Credit Union Share Insurance Fund Parity Act would amend the
Federal Credit Union Act The Federal Credit Union Act is an Act of Congress enacted in 1934. The purpose of the law was to make credit available and promote thrift through a national system of nonprofit, cooperative credit unions. This Act established the federal credit ...
to include in the net amount of share insurance payable to any member at an insured
credit union A credit union, a type of financial institution similar to a commercial bank, is a member-owned nonprofit financial cooperative. Credit unions generally provide services to members similar to retail banks, including deposit accounts, provisi ...
the total amount of the shares or deposits held in the member's account on behalf of another person, after making certain offsets and deductions. The bill would modify
National Credit Union Administration The National Credit Union Administration (NCUA) is a government-backed insurer of credit unions in the United States, one of two agencies that provide deposit insurance to depositors in U.S. depository institutions, the other being the Federa ...
(NCUA) Board authority to define the extent of the share insurance coverage provided where a member holds funds for the use of a nonmember. The bill would require coverage for an account established by a member to be consistent with
Federal Deposit Insurance Corporation The Federal Deposit Insurance Corporation (FDIC) is one of two agencies that supply deposit insurance to depositors in American depository institutions, the other being the National Credit Union Administration, which regulates and insures cr ...
(FDIC) coverage, regardless of the membership status of the owner of the funds deposited in an account established by a credit union member.


Congressional Budget Office report

''This summary is based largely on the summary provided by the
Congressional Budget Office The Congressional Budget Office (CBO) is a List of United States federal agencies, federal agency within the United States Congress, legislative branch of the United States government that provides budget and economic information to Congress. Ins ...
, as ordered reported by the House Committee on Financial Services on November 14, 2013. This is a
public domain The public domain (PD) consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because those rights have expired, ...
source.'' H.R. 3468 would expand federal deposit insurance to include Interest on Lawyer Trust Accounts (IOLTAs) and similar escrow accounts housed within credit unions. Enacting this legislation would increase the cost to the government of resolving some future credit union failures; the
Congressional Budget Office The Congressional Budget Office (CBO) is a List of United States federal agencies, federal agency within the United States Congress, legislative branch of the United States government that provides budget and economic information to Congress. Ins ...
(CBO) estimates those costs would be minimal and would generally be offset by other collections, resulting in no significant net impact on direct spending over the next 10 years.
Pay-as-you-go Pay as you go or PAYG may refer to: Finance * Pay-as-you-go tax, or pay-as-you-earn tax * Pay-as-you-go pension plan * PAYGO, the practice in the US of financing expenditures with current funds rather than borrowing * PAUG, a structured financia ...
procedures apply because enacting H.R. 3468 would affect direct spending. Enacting the legislation would have no effect on revenues. Attorneys and law firms use IOLTAs to pool client funds that are small enough in size and expected duration that establishing separate trusts would not benefit the individuals. Interest earned on IOLTA deposits is used to fund legal expenses for low-income individuals and for other justice-related projects. Under current law, IOLTAs are not insured by the
National Credit Union Administration The National Credit Union Administration (NCUA) is a government-backed insurer of credit unions in the United States, one of two agencies that provide deposit insurance to depositors in U.S. depository institutions, the other being the Federa ...
(NCUA). H.R. 3468 would extend federal insurance to those accounts. While, in some cases, increasing insured deposits would raise the cost of resolving a failed credit union, the CBO expects net costs to the federal government in this case would be insignificant. By definition, deposits into IOLTAs are nominal in size and are held for a short period of time; thus, they make up a very small percentage of a credit union’s liabilities. Second, IOLTA deposits already receive federal insurance through the
Federal Deposit Insurance Corporation The Federal Deposit Insurance Corporation (FDIC) is one of two agencies that supply deposit insurance to depositors in American depository institutions, the other being the National Credit Union Administration, which regulates and insures cr ...
(FDIC). Any deposits insured as a result of this legislation that were previously held by an FDIC-insured institution are not expected to increase net costs to the federal government (in other words, any increase in costs to the NCUA would be offset by a decrease in costs to the FDIC). Finally, except in rare circumstances, the NCUA must keep the balance of its Share Insurance Fund within a specified range, with member credit unions assessed or rebated amounts outside of that range. Under current law, the CBO assumes the fund will operate above that range in most years, resulting in rebates. In those scenarios, any small increase in cost as result of this legislation would result in an equivalent reduction in rebates to member credit unions, with no net change in direct spending. H.R. 3468 contains no intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (UMRA''(pdf)https://www.govinfo.gov/content/pkg/USCODE-1995-title2/html/USCODE-1995-title2-chap25.htm (text)] restricts the federal government of the United States, federal imposition of unfunded mandates on ...
and would impose no costs on state, local, or tribal governments.


Procedural history

The Credit Union Share Insurance Fund Parity Act was introduced into the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
on November 13, 2013 by Ed Royce, Rep. Edward R. Royce (R, CA-39). The bill was referred to the
United States House Committee on Financial Services The United States House Committee on Financial Services, also referred to as the House Banking Committee and previously known as the Committee on Banking and Currency, is the United States congressional committee, committee of the United States H ...
. The bill was scheduled to be voted on under
suspension of the rules In parliamentary procedure, a suspension of the rules allows a deliberative assembly to set aside its normal rules to do something that it could not do otherwise. However, there are rules that cannot be suspended. Explanation of use Rules are ess ...
on May 6, 2014.


Debate and discussion

The National Association of Federal Credit Unions (NAFCU) supported H.R. 3468. Vice President of Legislative Affairs
Brad Thaler Brad may refer to: * Brad (given name), a masculine given name Places * Brad, Hunedoara, a city in Hunedoara County, Romania * Brad, a village in Berești-Bistrița Commune, Bacău County, Romania * Brad, a village in Filipeni, Bacău, Romania * ...
said that "we applaud the committee for taking the steps today to advance regulatory relief for community institutions and hope that this will be the start of an ongoing effort." The NAFCU said that the bill "would advance parity for accounts in credit unions and banks protected by the National Credit Union Share Insurance Fund and FDIC Bank Insurance Fund" which "reflects a key element of NAFCU's five-point plan for credit union regulatory relief." The
Credit Union National Association The Credit Union National Association, commonly known as CUNA (pronounced "Cue-Nuh"), is a national trade association for both state- and federally chartered credit unions located in the United States. CUNA provides member credit unions with tr ...
(CUNA) also supported H.R. 3468. The CUNA said that "this legislation is necessary because the
National Credit Union Administration The National Credit Union Administration (NCUA) is a government-backed insurer of credit unions in the United States, one of two agencies that provide deposit insurance to depositors in U.S. depository institutions, the other being the Federa ...
(NCUA) has interpreted that the Federal Credit Union Act does not permit it to extend such coverage." CUNA President
Bill Cheney Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Plac ...
said that the bill "would reduce credit unions regulatory burden and help them better serve their members."


See also

*
List of bills in the 113th United States Congress The bills of the 113th United States Congress list includes proposed federal laws that were introduced in the 113th United States Congress. This Congress lasted from January 3, 2013, to January 3, 2015. The United States Congress is the bicamer ...


References


External links


Library of Congress - Thomas H.R. 3468beta.congress.gov H.R. 3468GovTrack.us H.R. 3468OpenCongress.org H.R. 3468House Republicans' legislative digest on H.R. 3468
Acts of the 113th United States Congress {{DEFAULTSORT:Credit Union Share Insurance Fund Parity Act (H.R. 3468 113th Congress)