Credit unions did not contribute to the financial crisis yet are still subject to increasing regulatory requirements mandated under the Dodd-Frank Act. Accordingly, broad-based regulatory relief continues to be a top priority for NAFCU and its member credit unions. In addition to NAFCU's five-point plan for regulatory relief, NAFCU called on Congressional leaders to embrace bipartisan regulatory relief in a letter outlining top priorities for the 114th Congress, including:
NAFCU has also been urging NCUA to reduce unnecessary costs by reverting to an 18-month exam cycle. On September 3, 2015, NCUA responded to NAFCU's recommendation and indicated that the agency is open to the idea.
Credit unions have seen the average number of full-time employees devoted to compliance work increase at least 75 percent since the passage of Dodd-Frank in 2010.
Total compliance expenses have grown by an estimated 59 percent since Dodd-Frank, and they are expected to grow by 86 percent over the next three years. Mortgage regulations led to the greatest increase in expenses since Dodd-Frank as respondents reported a 200 percent increase in estimated costs.
Regulatory relief for community based financial institutions has been a hot topic in the 114th Congress. NAFCU has already testified before the House Financial Services and Senate Banking Committees on regulatory relief priorities for credit unions including the impact of NCUA's second risk-based capital proposal, field of membership changes, and a plethora of other issues outlined in NAFCU's 5 Point Plan for Regulatory Relief.
In June 2016, House Financial Services Committee Chairman Jeb Hensarling unveiled a discussion draft of the Financial CHOICE Act, which prescribes regulatory relief for financial institutions in a number of different realms. Among these provisions are a full repeal of the Durbin amendment on interchange, reform of Consumer Financial Protection Bureau, and numerous NAFCU-supported regulatory relief provisions already marked-up and passed by the committee. NAFCU has submitted comments on the discussion draft and looks forward to continuing to work with committee staff to discuss these and other issues.
The Financial Services Committee has also held two markups (I,
covering several NAFCU-backed, regulatory relief measures. Additionally, Chairman Richard Shelby (R-AL) and the Senate Banking Committee moved a comprehensive measure, the Financial Regulatory Improvement Act, which also contains several provisions directly impacting credit unions. In
late July, the Senate Appropriations Committee favorably reported the Financial
Services and General Government appropriations bill for fiscal 2016 with the
text of S. 1484 attached. By
adding the relief bill to "must-pass" government funding legislation, Senators may attempt to forge a bipartisan agreement rather than allowing
the bill to pass as-is.
Negotiations are ongoing and NAFCU is hopeful that regulatory relief
legislation that would help credit unions will be taken up by the full Senate
On May 23, 2016, the House of Representatives passed H.R. 2121, the "Safe Transitional Licensing Act of 2015." A follow-up to the 2008 Secure and Fair Enforcement (SAFE) for Mortgage Licensing Act, which set minimum standards for the licensing and registering of state-licensed mortgage loan originators, this measure would allow registered originators to move to another state or change jobs from a depository institution to a non-bank lender and continue originating loans for 120 days while obtaining a new license. The bill now awaits further legislation action by the Senate.
On April 13, 2016, the House Financial Services Committee favorably reported H.R.4894. Sponsored by Rep. Lynn Westmoreland (R-Ga.), the bill would repeal
Title II – the orderly liquidation authority – of the Dodd-Frank Act.
On March 2, 2016, the Committee favorably reported H.R. 2896, the "Taking Account of Institutions with Low Operation Risk (TAILOR) Act of 2015". The bill, introduced by Representatives Scott Tipton (R-CO) and Andy Bar (R-KY), would require that rules promulgated by federal regulators, such as CFPB and NCUA, be tailored to fit financial institutions' business models and risk profiles. The bill the would also require NCUA and CFPB to testify annually before
the House Financial Services and Senate Banking Committees on specific
actions taken to comply with the measure. The bill now awaits action by the full House.
On December 3, 2015, Congress passed NAFCU-backed
legislation (H.R. 1259), introduced by Rep. Andy Barr (R-KY), as part of a transportation re-authorization package. The legislation, which has since been signed into law, is helpful to small creditors, including credit unions, as they
deal with CFPB's definition of "rural areas" particularly as it is
related to the ability-to-repay rule and QM definition.
NAFCU welcomes this step and supports
other bipartisan initiatives to improve the CFPB's ability-to-repay rule
including ensuring mortgages held in portfolio are automatically
Last Congress, the House considered and passed by voice vote a standalone measure (H.R. 3468) that amends the Federal Credit Union Act to require that pass-through share insurance coverage be provided when a credit union member holds funds on behalf of a nonmember in trust accounts, such as Interest on Lawyers Trust Accounts (IOLTAs). The Senate passed the House bill by unanimous consent, and the bill was signed into law by the President. NAFCU believes this bipartisan measure passed at the end of the 113th Congress is a good first step and will lead to larger regulatory relief in the 114th Congress.
NAFCU has testified
before Congress on regulatory relief numerous times and looks forward to future
opportunities before key lawmakers. Recent
regulatory relief testimony includes:
Scott Eagerton, President and CEO of Dixies FCU before the House Small Business Committee Subcommittee on Economic Growth, Tax and Capital Access, "Financing Main Street: How Dodd-Frank is Crippling Small Lenders and Access to Capital." 9/17/2015
Peggy Bosma-LaMascus, President and CEO of Patriot FCU before the House Financial Services Committee, "Preserving Consumer Choice and Financial Independence." 3/18/2015
Ed Templeton, President and CEO of SRP FCU before the Senate Banking Committee, "Regulatory Relief for Community Banks and Credit Unions." 2/12/2015
Linda McFadden, President and CEO of XCEL FCU before the Senate Banking Committee, "Examining the State of Small Depository Institutions." 9/16/2014
David Clendaniel, President and CEO of Dover FCU before the House Financial Services Committee, "Examining Regulatory Relief Proposals for Community Financial Institutions" 7/15/2014
Daniel Weickenand, President and CEO of
Orion FCU before the House Financial Services Committee, "How Prospective and Current
Homeowners Will Be Harmed by the CFPB's Qualified Mortgage Rule" 1/14/2014
Burrow, President and CEO of Bay Heritage FCU before the House Financial
Services Committee, "Examining Credit Union Regulatory Burdens"4/10/2013
Please be assured that NAFCU will continue to push for commonsense regulatory reform on Capitol Hill with an emphasis on the five areas outlined in our plan below and available for download.
1. Capital Reforms for Credit Unions
Modernize capital standards for credit unions in order to reflect the realities of the 21st century financial marketplace:
2. Field of Membership Improvements for Credit Unions
Make improvements to the Federal Credit Union Act to help enhance the federal credit union charter:
3. Reduce Consumer Financial Protection Bureau (CFPB) Burdens on Credit Unions
Credit unions did not cause the financial crisis, but have been victims in the new tide of regulations aimed at those institutions who did, with over 1,000 institutions disappearing since the passage of the Dodd-Frank Act, primarily due to the new regulatory burdens.
4. Operational Improvements for Credit Unions
Credit unions stand willing and ready to assist in our nation's economic recovery. Our industry's ability to do so, however, is severely inhibited by antiquated legislative restrictions.
5. 21st Century Data Security Standards
Credit unions are being adversely impacted by ongoing cyber-attacks against the United States and continued data breaches at numerous merchants. The cost of dealing with these issues hinders the ability of credit unions to serve their members. Congress needs to enact new 21st century data security standards that include:
NAFCU has stayed at the forefront of this issue and continued to champion credit unions in major media nationwide.
New Rules From CFPB, DoD, FASB: Enough's Enough, NAFCU Tells Agency (CUToday.info, August 8, 2016)
NAFCU: No 2016 NCUSIF Premium Needed, But These Threats Must Be Monitored (CUToday.info, August 3, 2016)
Ways NCUA Can Improve Exams, Supervision Are Identified In NAFCU, CUNA Letters (CUToday.info, August 1, 2016)
Dodd-Frank Compensation Rules Shouldn't Apply to Credit Unions (Credit Union Times, July 22, 2016)
NCUA Board Approves New Exam Schedule for Well-Capitalized CUs (Credit Union Journal, July 21, 2016)
House Panel Grapples With Fintech Oversight (Credit Union Times, July 13, 2016)
Bill Aims to Ease Regulatory Burden on Smaller Banks (TheMReport, July 13, 2016)
Reps Applauded For Including Relief Provisions (CUToday.info, July 12, 2016)
CUNA Endorses Hensarling's Off-Ramp for Reg Relief (Credit Union Times, July 11, 2016)
House Leaders Urged To Retain CU-Backed Provisions (CUToday.info, June 23, 2016)
NAFCU: Going Full Throttle for Credit Unions (Credit Union Times, June 12, 2016)
Congress Told CUs Should Not Be In The 'Crosshairs' (CUToday.info, June 9, 2016)
Hensarling's Dodd-Frank Kryptonite Draws Mixed Response (US News & World Report, June 7, 2016)
GOP Unveils Dodd-Frank Overhaul (TheMReport, June 7, 2016)
Republicans Roll Out Dodd-Frank Alternative (DSNews, June 7, 2016)
Wrong Number: NAFCU Presses FCC On Proposed Changes To TCPA (CUToday.info, June 7, 2016)
Hensarling Unveils Dodd-Frank Repeal (Credit Union Times, June 7, 2016)
NAFCU Calls for 'Common Sense Interpretation' of 'Residential' Phone Line (CUToday.info, May 3, 2016)
NAFCU's Berger Meets With House Ways & Means Subcommittee Chair (CUToday.info, April 21, 2016)
Concerns Abound Over FASB's Credit Losses Proposal (Credit Union Times, April 13, 2016)
Obama Calls For Reg Relief In State Of Union Address (CUtoday.info, January 13, 2016)
NAFCU Responds to President Obama's State of the Union Address (January 12, 2016)
Trade Groups Plan New Push For Reg Relief (CUtoday.info, January 5, 2016)
In Short Legislative Year, Focus Will Be On Cutting Reg Burden (CUtoday.info, January 4, 2016)
GAO: Dodd-Frank regs weighing on community banks, credit unions (The Hill, December 30, 2015 - also picked up in Credit Union Times, Credit Union Journal, CUtoday.info, HousingWire, Daily Business News, and TribLIVE. )
Reg Relief Provisions Now Go Before Senate As… (CUtoday.info, November 9, 2015)
House Passes Bill Trades Hope Will Bring CU Reg Relief (CUtoday.info, November 5, 2015)
Dodd-Frank Increases Compliance Costs Five-Fold: Eagerton (Credit Union Times, September 17, 2015)
CEO Shares Reg Burden Examples During Congressional Testimony (CUtoday.info, September 17, 2015)
Championing Regulatory Relief and Data Security Legislation (Credit Union Times, September 11, 2015)
BANK GROUPS LOBBY SENATE FOR RELIEF (POLITICO Morning Money, September 10, 2015)
NAFCU posts its regulatory relief "top 10" wish list(HousingWire, August 4, 2015)
NAFCU Statement on House Financial Services Committee Approval of Regulatory Relief Bills
(July 29, 2015)
Credit Unions Fighting for Survival (Wall Street Journal, July 23, 2015)
NAFCU Statement In Response to Senate Appropriations Committee Mark-up of "Financial Services and General Government Appropriations" Bill (July 23, 2015)
View more of NAFCU in the News
Read recent letters from NAFCU to members of Congress on the important issue of regulatory relief for credit unions.
7-14-16 NAFCU Comments on the Financial CHOICE Act Discussion Draft
7-11-16 NAFCU Letter on Tomorrow's Hearing on Title I of the Financial Choice Act
7-5-16 NAFCU Letter on Tomorrow's Hearing and the Impact of Federal Regulations on Credit Unions
6-8-16 NAFCU Letter on the Impact of Over-regulation on Credit Unions
4-4-16 NAFCU Letter on Tomorrow's Hearing, "Assessing the Effects of Consumer Finance Regulations"
3-1-2016 NAFCU Letter on Wednesday's Markup of the TAILOR Act
NAFCU Letter on Tomorrow's Hearing, "Triple Threat to Workers and
Households: Impacts of Federal Regulations on Jobs, Wages and Startups"
2-9-2016 NAFCU Letter on Standing Ready to Assist in Reducing Regulatory Burdens Effort
1-5-2016 NAFCU Letter in Support of the SCRUB Act of 2015
1-4-2016 NAFCU Letter on 2016 Legislative Priorities for Congress
12-3-2015 NAFCU Letter on Privacy Notice and Rural Area Relief in H.R. 22 Conference Report
12-2-2015 Joint Trades Letter in Support of H.R. 3192, the "Homebuyers Assistance Act"
11-17-2015 NAFCU Letter in Support of H.R. 1210, the "Portfolio Lending and Mortgage Access Act"
10-27-2015 NAFCU Letter on Tomorrow's Hearing, "The State of Rural Banking: Challenges and Consequences"
9-29-2015 NAFCU Letter on Tomorrow's Full HSFC Mark-Up of Credit Union Regulatory Relief Legislation
9-14-2015 Joint Letter in Support of S. 2006, the "Regulatory Accountability Act of 2015"
9-8-15 Joint Trades Letter on Regulatory Relief for Financial Institutions
7-28-2015 NAFCU Letter on Regulatory Relief for Credit Unions in the REINS Act of 2015
7-27-2015 NAFCU Letter on Parity for Credit Unions in Section 928 of the FY 2016 FSGG Appropriations Bill
5-20-2015 NAFCU Letter on the Financial Regulatory Improvement Act
4-22-2015 NAFCU Letter on Regulatory Burdens Faced by Credit Unions
4-13-2015 NAFCU Letter in Support of Regulatory Relief for Credit Unions
3-23-2015 NAFCU Letter on Legislation to Relieve Regulatory Burden on Community Financial Institutions
2-24-2015 NAFCU Letter on Regulators Using Exemptions to Provide Regulatory Relief to Credit Unions
View all NAFCU Policy Letters
Updated August 2016