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H.R. 3584 (113th): Capital Access for Small Community Financial Institutions Act of 2014

The text of the bill below is as of Nov 21, 2013 (Introduced).


I

113th CONGRESS

1st Session

H. R. 3584

IN THE HOUSE OF REPRESENTATIVES

November 21, 2013

introduced the following bill; which was referred to the Committee on Financial Services

A BILL

To amend the Federal Home Loan Bank Act to authorize privately insured credit unions to become members of a Federal home loan bank, and for other purposes.

1.

Privately insured credit unions authorized to become members of a Federal home loan bank

(a)

In general

Section 4(a) of the Federal Home Loan Bank Act ( 12 U.S.C. 1424(a) ) is amended by adding at the end the following new paragraph:

(5)

Certain privately insured credit unions

(A)

In general

Subject to the requirements of subparagraph (B), a credit union shall be treated as an insured depository institution for purposes of determining the eligibility of such credit union for membership in a Federal home loan bank under paragraphs (1), (2), and (3).

(B)

Certification by appropriate supervisor

(i)

In general

For purposes of this paragraph and subject to clause (ii), a credit union which lacks Federal deposit insurance and which has applied for membership in a Federal home loan bank may be treated as meeting all the eligibility requirements for Federal deposit insurance only if the appropriate supervisor of the State in which the credit union is chartered has determined that the credit union meets all the eligibility requirements for Federal deposit insurance as of the date of the application for membership.

(ii)

Certification deemed valid

If, in the case of any credit union to which clause (i) applies, the appropriate supervisor of the State in which such credit union is chartered fails to make a determination pursuant to such clause by the end of the 6-month period beginning on the date of the application, the credit union shall be deemed to have met the requirements of clause (i).

(C)

Security interests of federal home loan bank not avoidable

Notwithstanding any provision of State law authorizing a conservator or liquidating agent of a credit union to repudiate contracts, no such provision shall apply with respect to—

(i)

any extension of credit from any Federal home loan bank to any credit union which is a member of any such bank pursuant to this paragraph; or

(ii)

any security interest in the assets of such credit union securing any such extension of credit.

.

(b)

Copies of audits of private insurers of certain depository institutions required To be provided to supervisory agencies

Section 43(a)(2) of the Federal Deposit Insurance Act ( 12 U.S.C. 1831t(a)(2) ) is amended—

(1)

by striking and at the end of subparagraph (A)(i);

(2)

by striking the period at the end of clause (ii) of subparagraph (A) and inserting a semicolon;

(3)

by inserting the following new clauses at the end of subparagraph (A):

(iii)

in the case of depository institutions described in subsection (e)(2)(A) the deposits of which are insured by the private insurer, the National Credit Union Administration, not later than 7 days after that audit is completed; and

(iv)

in the case of depository institutions described in subsection (e)(2)(A) the deposits of which are insured by the private insurer which are members of a Federal home loan bank, the Federal Housing Finance Agency, not later than 7 days after that audit is completed.

; and

(4)

by adding at the end the following new subparagraph:

(C)

Consultation

The appropriate supervisory agency of each State in which a private deposit insurer insures deposits in an institution described in subsection (e)(2)(A) which—

(i)

lacks Federal deposit insurance; and

(ii)

has become a member of a Federal home loan bank,

shall provide the National Credit Union Administration, upon request, with the results of any examination and reports related thereto concerning the private deposit insurer which such agency may have in its possession.

.