Title 12 — Banks and Banking
Chapter 14 — Federal Credit Unions
§ 1784. Examination of insured credit unions
Statutory text
Examiners and claim agents; powers; report by examiner; jurisdiction of court
The Board shall appoint examiners who shall have power, on its behalf, to examine any insured credit union, any credit union making application for insurance of its member accounts, or any closed insured credit union whenever in the judgment of the Board an examination is necessary to determine the condition of any such credit union for insurance purposes. Each examiner shall have power to make a thorough examination of all of the affairs of the credit union and shall make a full and detailed report of the condition of the credit union to the Board. The Board in like manner shall appoint claim agents who shall have power to investigate and examine all claims for insured member accounts. Each claim agent shall have power to administer oaths and affirmations, to examine and to take and preserve testimony under oath as to any matter in respect to claims for insured accounts, and to issue subpenas and subpenas duces tecum and, for the enforcement thereof, to apply to the United States district court for the judicial district or the United States court in any territory in which the principal office of the credit union is located or in which the witness resides or carries on business. Such courts shall have jurisdiction and power to order and require compliance with any such subpena.
Power of Board; jurisdiction of court
In connection with examinations of insured credit unions, or with other types of investigations to determine compliance with applicable law and regulations, the Board, or its designated representatives, shall have power to administer oaths and affirmations, to examine and to take and preserve testimony under oath as to any matter in respect of the affairs of any such credit union, and to issue subpenas and subpenas duces tecum and to exercise such other powers as are set forth in section 1786(p) of this title and, for the enforcement thereof, to apply to the United States district court for the judicial district or the United States Court in any territory in which the principal office of the credit union is located or in which the witness resides or carries on business. Such courts shall have jurisdiction and power to order and require compliance with any such subpena.
Court orders enforcing subpenas; immunity
In cases of refusal to obey a subpena issued to, or contumacy by, any person, the Board may invoke the aid of any court of the United States within the jurisdiction of which such hearing, examination, or investigation is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, records, or other papers. Such court may issue an order requiring such person to appear before the Board, or before a person designated by it, there to produce records, if so ordered, or to give testimony touching the matter in question. Any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district whereof such person is an inhabitant or carries on business or wherever he may be found. No person shall be excused from attending and testifying or from producing books, records, or other papers in obedience to a subpena issued under the authority of this subchapter on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to penalty or forfeiture, but no individual shall be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled to testify or produce evidence, documentary or otherwise, after having claimed his privilege against self-incrimination, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
Administration acceptance of State board reports; reports of Board furnished to State board
The Administration may accept any report of examination made by or to any commission, board, or authority having supervision of a State-chartered credit union and may furnish to any such commission, board, or authority reports of examination made on behalf of the Board.
Flood insurance compliance by insured credit unions
Examination
The Board shall, during each examination conducted under this section, determine whether the insured credit union is complying with the requirements of the national flood insurance program.
Report
Requirement
Not later than 1 year after , and biennially thereafter for the next 4 years, the Board shall submit a report to the Congress on compliance by insured credit unions with the requirements of the national flood insurance program.
Contents
The report shall include a description of the methods used to determine compliance, the number of insured credit unions examined during the reporting year, a listing and total number of insured credit unions found not to be in compliance, actions taken to correct incidents of noncompliance, and an analysis of compliance, including a discussion of any trends, patterns, and problems, and recommendations regarding reasonable actions to improve the efficiency of the examinations processes.
Access to liquidity
The Board shall—
periodically assess the potential liquidity needs of each insured credit union, and the options that the credit union has available for meeting those needs; and
periodically assess the potential liquidity needs of insured credit unions as a group, and the options that insured credit unions have available for meeting those needs.
Sharing information with Federal reserve banks
The Board shall, for the purpose of facilitating insured credit unions’ access to liquidity, make available to the Federal reserve banks (subject to appropriate assurances of confidentiality) information relevant to making advances to such credit unions, including the Board’s reports of examination.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 91–468 § 1(3) · 84 Stat. 994
Enacted · 12 U.S.C. § 1784
June 26, 1934, ch. 750, title II, § 204, as added Pub. L. 91–468, § 1(3), Oct. 19, 1970, 84 Stat. 1001
Source evidence
Code source credit
June 26, 1934, ch. 750, title II, § 204, as added Pub. L. 91–468, § 1(3), Oct. 19, 1970, 84 Stat. 1001Enacted provision · exact public law section
(1) by inserting immediately above the heading of section 2 the following: “TITLE I— FEDERAL CREDIT UNIONS”;Financial Institutions Regulatory and Interest Rate Control Act of 1978
Pub. L. 95–630 title V § 502(b) · 92 Stat. 3641
Substituted · 12 U.S.C. § 1784
Pub. L. 95–630 substituted “Board” for “Administrator” “his”, respectively, where appropriate
Substituted · 12 U.S.C. § 1784
Pub. L. 95–630 substituted “its” for “him” “his”, respectively, where appropriate
Source evidence
Code amendment note
Pub. L. 95–630 substituted “Board” for “Administrator” wherever appearing, and “it” and “its” for “him” and “his”, respectively, where appropriate.Enacted provision · exact public law section
(b) The Federal Credit Union Act is amended by striking out “Administrator” each place it appears and inserting in lieu thereof “Board”, and by striking out the personal pronouns “he”, “him”, and “his” when referring to the Administrator and inserting in lieu thereof “it”, “them”, and “its” as appropriate wherever such words appear therein.Effective date note
Amendment by Pub. L. 95–630 effective on expiration of 120 days after Nov. 10, 1978, and transitional provisions, see section 509 of Pub. L. 95–630, set out as a note under section 1752 of this title.Financial Institutions Reform, Recovery, and Enforcement Act of 1989
Pub. L. 101–73 § 915(a)(1) · 103 Stat. 183
Inserted · 12 U.S.C. § 1784(b)
Pub. L. 101–73, § 915(a)(1), inserted “or with other types of investigations to determine compliance with applicable law and regulations,” after “insured credit unions,”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–73, § 915(a)(1), inserted “or with other types of investigations to determine compliance with applicable law and regulations,” after “insured credit unions,”.Enacted provision · exact public law section
(1) by inserting after “insured credit unions,” the following: “or with other types of investigations to determine compliance with applicable law and regulations,”; andFinancial Institutions Reform, Recovery, and Enforcement Act of 1989
Pub. L. 101–73 § 915(a)(2) · 103 Stat. 183
Changed · 12 U.S.C. § 1784(b)
Pub. L. 101–73, § 915(a)(2), which directed the insertion of “and to exercise such others powers as are set forth in section 1786(p) of this title” after “subpena duces tecum”, was executed by making the insertion after “subpenas duces tecum”, as the probable intent of Congress
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–73, § 915(a)(2), which directed the insertion of “and to exercise such others powers as are set forth in section 1786(p) of this title” after “subpena duces tecum”, was executed by making the insertion after “subpenas duces tecum”, as the probable intent of Congress.Enacted provision · exact public law section
(2) by inserting after “subpena duces tecum” the following: “and to exercise such others powers as are set forth in section 206(p)”.Riegle Community Development and Regulatory Improvement Act of 1994
Pub. L. 103–325 title V § 529(b) · 108 Stat. 2160
Added · 12 U.S.C. § 1784(e)
Pub. L. 103–325 added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 103–325 added subsec. (e).Credit Union Membership Access Act
Pub. L. 105–219 title III § 303 · 112 Stat. 913
Added · 12 U.S.C. § 1784(f); 12 U.S.C. § 1784(g)
Pub. L. 105–219 added subsecs. (f) and (g)
Source evidence
Code amendment note
Subsecs. (f), (g). Pub. L. 105–219 added subsecs. (f) and (g).Enacted provision · exact public law section
SEC. 303. ACCESS TO LIQUIDITY. Section 204 of the Federal Credit Union Act (12 U.S.C. 1784) is amended by adding at the end the following new subsections: “(f) Access to liquidity.— The Board shall— “(1) periodically assess the potential liquidity needs of each insured credit union, and the options that the credit union has available for meeting those needs; and “(2) periodically assess the potential liquidity needs of insured credit unions as a group, and the options that insured credit unions have available for meeting those needs. “(g) Sharing Information With Federal Reserve Banks.— The Board shall, for the purpose of facilitating insured credit unions’ access to liquidity, make available to the Federal reserve banks (subject to appropriate assurances of confidentiality) information relevant to making advances to such credit unions, including the Board’s reports of examination.”.Pub. L. 109–351 title VII § 726(13) · 120 Stat. 1966
Substituted · 12 U.S.C. § 1784(b)
Pub. L. 109–351 substituted “such other powers” for “such others powers”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 109–351 substituted “such other powers” for “such others powers”.Enacted provision · exact public law section
(13) In section 204(b), 12 USC 1784. strike “such others powers” and insert “such other powers”.
7 of 8 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1978–2006 · 5 rounds
2006
Subsec. (b). Pub. L. 109–351 substituted “such other powers” for “such others powers”.
1998
Subsecs. (f), (g). Pub. L. 105–219 added subsecs. (f) and (g).
1994
Subsec. (e). Pub. L. 103–325 added subsec. (e).
1989
Subsec. (b). Pub. L. 101–73, § 915(a)(1), inserted “or with other types of investigations to determine compliance with applicable law and regulations,” after “insured credit unions,”.
Pub. L. 101–73, § 915(a)(2), which directed the insertion of “and to exercise such others powers as are set forth in section 1786(p) of this title” after “subpena duces tecum”, was executed by making the insertion after “subpenas duces tecum”, as the probable intent of Congress.
1978
Pub. L. 95–630 substituted “Board” for “Administrator” wherever appearing, and “it” and “its” for “him” and “his”, respectively, where appropriate.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–630 effective on expiration of 120 days after , and transitional provisions, see section 509 of Pub. L. 95–630, set out as a note under section 1752 of this title.
Credits
1934–2006 · 6 acts
- 1934June 26, 1934, ch. 750, title II, § 204, as added Pub. L. 91–468, § 1(3), , 84 Stat. 1001
- 1978amended Pub. L. 95–630, title V, § 502(b), , 92 Stat. 3681
- 1989Pub. L. 101–73, title IX, § 915(a), , 103 Stat. 486
- 1994Pub. L. 103–325, title V, § 529(b), , 108 Stat. 2266
- 1998Pub. L. 105–219, title III, § 303, , 112 Stat. 934
- 2006Pub. L. 109–351, title VII, § 726(13), , 120 Stat. 2002.
Show as published
(June 26, 1934, ch. 750, title II, § 204, as added Pub. L. 91–468, § 1(3), , 84 Stat. 1001; amended Pub. L. 95–630, title V, § 502(b), , 92 Stat. 3681; Pub. L. 101–73, title IX, § 915(a), , 103 Stat. 486; Pub. L. 103–325, title V, § 529(b), , 108 Stat. 2266; Pub. L. 105–219, title III, § 303, , 112 Stat. 934; Pub. L. 109–351, title VII, § 726(13), , 120 Stat. 2002.)