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Opportunities Exist to Enhance Oversight and Share Insurance 
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Report to the Ranking Minority Member, Committee on Banking, Housing, 
and Urban Affairs, U.S. Senate:

October 2003:

CREDIT UNIONS:

Financial Condition Has Improved, but Opportunities Exist to Enhance 
Oversight and Share Insurance Management:

GAO-04-91:

GAO Highlights:

Highlights of GAO-04-91, a report to the Ranking Minority Member, 
Committee on Banking, Housing, and Urban Affairs, U.S. Senate. 

Why GAO Did This Study:
Recent legislative and regulatory changes have blurred some 
distinctions between credit unions and other depository institutions 
such as banks. The 1998 Credit Union Membership Access Act (CUMAA) 
allowed for an expansion of membership and mandated safety and 
soundness controls similar to those of other depository institutions. 
In light of these changes and the evolution of the credit union 
industry, GAO evaluated (1) the financial condition of the industry 
and the deposit (share) insurance fund, (2) the impact of CUMAA on the 
industry, and (3) how the National Credit Union Administration (NCUA) 
had changed its safety and soundness processes.

What GAO Found:

The financial condition of the credit union industry has improved 
since GAO’s last report in 1991, and the federal share insurance fund 
appears financially stable. However, a growing concentration of 
industry assets in large credit unions creates the need for greater 
risk management on the part of NCUA. The question of who benefits from 
credit unions’ services has also been widely debated. While it has 
been generally accepted that credit unions have a historical emphasis 
on serving people of modest means, our analysis of limited available 
data suggested that credit unions served a slightly lower proportion 
of low- and moderate-income households than banks. 

CUMAA and subsequent NCUA regulations enabled federally chartered 
credit unions to expand their membership, serve larger geographic 
areas, and add underserved areas. According to NCUA officials, these 
changes were necessary to maintain the competitiveness of the federal 
charter with respect to state-chartered credit unions. While NCUA has 
stated its commitment to ensuring that credit unions provide financial 
services to all segments of society, NCUA has not developed indicators 
to determine if credit union services have reached the underserved.

In response to the growing concentration of industry assets and 
increased services offered by credit unions, NCUA recently adopted a 
risk-focused examination and supervision program but still faces a 
number of challenges, including lack of access to third-party vendors 
that are providing more services to credit unions. Further, credit 
unions are not subject to internal control and attestation reporting 
requirements applicable to banks and thrifts. GAO also found that the 
insurance fund’s rate structure does not reflect risks that individual 
credit unions pose to the fund, and NCUA’s estimation of fund losses 
is based on broad historical analysis rather than a current risk 
profile of insured institutions.

What GAO Recommends:

With respect to the share insurance fund, GAO recommends that the 
Chairman of NCUA explore developing a risk-based funding system, 
improve the process for allocating overhead expenses, and refine the 
process for estimating future losses. To improve reporting, the 
Chairman should also use tangible indicators to determine whether 
credit unions are serving people in underserved areas. To help ensure 
safety and soundness, Congress may wish to consider making credit 
unions subject to internal control reporting and attestation 
requirements applicable to banks and thrifts and providing NCUA 
legislative authority to examine third-party vendors.

www.gao.gov/cgi-bin/getrpt?GAO-04-91.

To view the full product, including the scope and methodology, click 
on the link above. For more information, contact Richard J. Hillman at 
(202) 512-9073 or hillmanr@gao.gov.

[End of section]

Contents:

Letter: 

Results in Brief: 

Background: 

Financial Condition of the Credit Union Industry Has Improved Since 
1991: 

Limited Comprehensive Data Are Available to Evaluate Income of Credit 
Union Members: 

CUMAA Authorized NCUA to Continue Preexisting Policies That Expanded 
Field of Membership: 

NCUA Adopted Risk-Focused Examination and Supervision Program, but 
Faces Challenges in Implementation: 

NCUSIF's Financial Condition Appears Satisfactory, but Methodologies 
for Overhead Transfer Rate, Insurance Pricing, and Estimated Loss 
Reserve Need Improvement: 

System Risk That May Be Associated with Private Share Insurance Appears 
to Have Decreased, but Some Concerns Remain: 

Conclusions: 

Recommendations for Executive Action: 

Matters for Congressional Consideration: 

Agency Comments and Our Evaluation: 

Appendixes:

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: Status of Recommendations from GAO's 1991 Report: 

Appendix III: Financial Condition of Federally Insured Credit Unions: 

Appendix IV: Comparison of Bank and Credit Union Distribution of 
Assets:

Appendix V: Credit Union Services, 1992-2002: 

Appendix VI: Characteristics of Credit Union and Bank Users: 

Appendix VII: Key Changes in NCUA Rules and Regulations, 1992-2003: 

Appendix VIII: NCUA's Budget Process and Industry Role: 

Appendix IX: NCUA's Implementation of Prompt Corrective Action: 

Appendix X: Accounting for Share Insurance: 

Appendix XI: Comments from the National Credit Union Administration: 

Appendix XII: Comments from American Share Insurance: 

Appendix XIII: GAO Contacts and Staff Acknowledgments: 

GAO Contacts: 

Staff Acknowledgments: 

Tables Tables: 

Table 1: Regulatory Definitions of Local Community, 2000 and 2003: 

Table 2: Federally Insured Credit Unions Were Similar to Banks and 
Thrifts with Respect to Capital Categories, as of December 31, 2002: 

Table 3: Peer Group Definitions: 

Table 4: Definition of Income Categories: 

Table 5: Status of GAO Recommendations to NCUA and Congress, as of 
August 31, 2003: 

Table 6: Federally Insured Credit Union Growth in Assets and Shares, 
1992-2002: 

Table 7: Distribution of Credit Unions by Asset Size, 1992 and 2002: 

Table 8: Asset Composition of Credit Unions as a Percentage of Total 
Assets, 1992-2002: 

Table 9: Comparison of the Loan Portfolios of Federally Insured Credit 
Unions with Peer Group Banks and Thrifts, as of 2002: 

Table 10: Timeline of Key Changes to NCUA Rules and Regulations, January 
1992-September 2003: 

Table 11: CUMAA Mandates and NCUA Actions on PCA Regulation 
Implementation: 

Table 12: Discretionary Supervisory Actions: 

Table 13: Net Worth Category Classification for New Credit Unions: 

Figures: 

Figure 1: Comparison of Credit Union and Bank Capital Ratios, 1992-2002: 

Figure 2: Credit Union Industry Size and Total Assets Distribution, as 
of December 31, 2002: 

Figure 3: Income Characteristics of Households Using Credit Unions 
versus Banks, Low and Moderate Income versus Middle and High Income: 

Figure 4: Income Characteristics of Households Using Credit Unions 
versus Banks, by Four Income Categories: 

Figure 5: Mortgages Made by Credit Unions and Banks, by Income Level of 
Purchaser, 2001: 


Figure 6: Loans Made by Credit Unions and Banks, by Average Income in 
the Purchased Home's Census Tract, 2001: 


Figure 7: Percentage of Federally Chartered Credit Unions, by Charter 
Type, 2000-2003: 


Figure 8: Actual and Potential Members in Federally Chartered Credit 
Unions, by Charter Type, 2000-2003: 


Figure 9: Actual and Potential Members in Federally and State-chartered 
Credit Unions, 1990-2003: 


Figure 10: Underserved Areas Added before and after CUMAA, by Federal 
Charter Type, 1997-2002: 


Figure 11: Credit Union Mortgage Loans Have Grown Significantly Since 
1992: 


Figure 12: NCUSIF's Equity Ratio, 1991-2002: 


Figure 13: Equity to Insured Shares or Deposits of the Various Insurance 
Funds: 


Figure 14: Net Income of NCUSIF, 1990-2002: 

Figure 15: Financing Sources of NCUSIF and NCUA's Operating Fund: 

Figure 16: Share Payouts and Reserve Balance, 1990-2002: 

Figure 17: States Permitting Private Share Insurance (March 2003) and 
Number of Privately Insured Credit Unions (December 2002): 

Figure 18: Capital Ratios in Federally Insured Credit Unions, 1992-2002: 

Figure 19: Profitability of Federally Insured Credit Unions, 1992-2002: 

Figure 20: Federally Insured Credit Unions, by CAMEL Rating, 1992-2002: 

Figure 21: Total Assets of All Credit Unions and All Banks, as of 2002: 

Figure 22: Total Assets of Credit Unions and Banks with Less Than $100 
Million in Assets, as of 2002: 

Figure 23: Total Assets of Credit Unions with Less Than $5 Million in 
Assets, as of 2002: 

Figure 24: Percentage of All Credit Unions and All Banks Holding Various 
Loans, as of 2002: 

Figure 25: Percentage of Credit Unions and Banks with Assets of $100 
Million or Less Holding Various Loans, as of 2002: 

Figure 26: Percentage of Credit Unions and Banks with Assets between $1 
Billion and $18 Billion Holding Various Loans, as of 2002: 

Figure 27: Percentages of Credit Unions and Banks Holding Various Loans, 
by Institution Size, as of 2002: 

Figure 28: Percentage of Credit Unions Holding Various Loans, 1992-2002: 

Figure 29: Percentage of Assets Held in Various Loans by All Credit 
Unions, 1992-2002: 

Figure 30: Percentage of Credit Unions Offering Various Accounts, 1992-
2002: 

Figure 31: Credit Union Employees and Number of Credit Unions, 1992-
2002: 

Figure 32: Percentage of Credit Unions, Smallest versus Largest, Holding 
Various Loans, 1992-2002: 

Figure 33: Percentage of Assets Held in Various Loans, Smallest versus 
Largest Credit Unions, 1992-2002: 

Figure 34: Differences among Services Offered by Smaller and Larger 
Credit Unions, as of 2002: 

Figure 35: Credit Union Size and Offerings of More Sophisticated 
Services, as of 2002: 

Figure 36: Households Using Credit Unions and Banks, by Education Level, 
2001: 

Figure 37: Households Using Credit Unions and Banks, by Age Group, 2001: 

Figure 38: Households Using Credit Unions and Banks, by Race and 
Ethnicity, 2001: 

Figure 39: Mortgages Made by Credit Unions and Banks, by Race and 
ethnicity, 2001: 

Figure 40: NCUA Budget Levels, 1992-2004: 

Figure 41: NCUA-authorized Staffing Levels, 1992-2003: 

Abbreviations: 

ASI: American Share Insurance:

ATM: Automatic Teller Machines:

BIF: Bank Insurance Fund:

BSA: Bank Secrecy Act:

CLF: Central Liquidity Facility:

CPA: Certified Public Accountant:

CRA: Community Reinvestment Act:

CUIC: Credit Union Insurance Corporation:

CUMAA: Credit Union Membership Access Act of 1998:

CUNA: Credit Union National Association:

CUSO: Credit Union Service Organization:

FCUA: Federal Credit Union Act:

FDIA: Federal Deposit Insurance Act:

FDIC: Federal Deposit Insurance Corporation:

FDICIA: Federal Deposit Insurance Corporation Improvement Act of 1991:

FFIEC: Federal Financial Institutions Examination Council:

FRC: Financial Risk Committee:

FTC: Federal Trade Commission:

HMDA: Home Mortgage Disclosure Act:

HUD: Department of Housing and Urban Development:

IRPS: Interpretive Ruling and Policy Statement:

LAR: Loan Application Records:

MCIC: Metro Chicago Information Center:

MSA: Metropolitan Statistical Area:

NCUA: National Credit Union Administration:

NCUSIF: National Credit Union Share Insurance Fund:

NFCDCU: National Federation of Community Development Credit Unions:

OCC: Office of the Comptroller of the Currency:

OTS: Office of Thrift Supervision:

PCA: Prompt Corrective Action:

RISDIC: Rhode Island Share and Depositors Indemnity Corporation:

SAIF: Savings Association Insurance Fund:

SCF: Survey of Consumer Finances:

Letter October 27, 2003:

The Honorable Paul S. Sarbanes: 
Ranking Minority Member: 
Committee on Banking, Housing, and Urban Affairs: 
United States Senate:

Dear Senator Sarbanes:

Credit unions have historically occupied a unique niche among 
depository institutions. Credit unions are not-for-profit, member-
owned cooperatives that are exempt from paying federal income taxes on 
their earnings. Unlike banks, credit unions are subject to limits on 
their membership because members must have a "common bond"--for 
example, working for the same employer or living in the same community. 
However, over the years, these membership requirements have loosened 
considerably and credit unions have received expanded powers, which 
have raised questions about the extent that credit unions remain unique 
and serve a different population than banks. We last conducted a 
comprehensive review of the credit union industry, including the 
National Credit Union Administration (NCUA), in 1991.[Footnote 1] Since 
that time, the credit union industry has experienced substantial growth 
and expansion of activities. In addition, recent legislative and 
regulatory changes have blurred some distinctions between credit unions 
and other depository institutions--banks and thrifts. For example, the 
1998 Credit Union Membership Access Act (CUMAA) expanded the definition 
of common bond and provided for reforms intended to strengthen the 
safety and soundness of credit unions, including instituting procedures 
for prompt corrective action (PCA) when credit unions' capital levels 
fall below a certain threshold.[Footnote 2]

In 2002, there were about 10,000 credit unions with approximately 82 
million members. Credit unions, like banks and thrifts, are chartered 
by both the federal government and state governments, also referred to 
as the dual-chartering system. NCUA has oversight authority for 
federally chartered credit unions and requires its credit unions to 
obtain federal share (deposit) insurance for their members' deposits 
from the National Credit Union Share Insurance Fund (NCUSIF). This 
fund, administered by NCUA, also provides share insurance to most 
state-chartered credit unions. Some states permit their credit unions 
to purchase private share insurance as an alternative to federal 
insurance.

In light of the evolution of the credit union industry and the passage 
of CUMAA, you asked us to review a variety of issues involving the 
credit union industry and NCUA. In response, we provided your staff 
information on how NCUA responded to recommendations made in our 1991 
report and conducted preliminary research on the industry and 
NCUA.[Footnote 3] After discussing this information with your staff, we 
agreed that the objectives of this study were to evaluate (1) the 
financial condition of the credit union industry; (2) the extent to 
which credit unions "make more available to people of small means 
credit for provident purposes";[Footnote 4] (3) the impact, if any, of 
CUMAA on credit union field of membership requirements for federally 
chartered credit unions; (4) how NCUA's examination and supervision 
processes have changed in response to changes in the industry; (5) the 
financial condition of NCUSIF; and (6) the risks associated with the 
use of private share insurance. You also asked us to review issues 
associated with corporate credit unions, which we plan to address in a 
separate report.[Footnote 5]

:

To evaluate the financial condition of the credit union industry we 
performed quantitative analyses on credit union call report data for 
1992-2002.[Footnote 6] Since NCUA lacked readily available data to 
assess the extent to which credit unions serve people of low and 
moderate incomes, we analyzed data from the 2001 Federal Reserve Survey 
of Consumer Finances (SCF) to identify the characteristics of credit 
union members. This survey is the only comprehensive source of publicly 
available data on financial institutions and consumer demographics that 
we could identify that is national in scope. We also analyzed 2001 
mortgage data from the Home Mortgage Disclosure Act (HMDA) database, 
which allowed us to categorize the income levels of households 
receiving mortgages from credit unions and banks, and reviewed other 
industry studies. To determine how CUMAA affected field of membership 
requirements for federally chartered credit unions, we analyzed NCUA 
regulations and obtained data on field of membership trends from NCUA. 
In addition, we surveyed state regulators to obtain information about 
their chartering provisions, particularly for credit unions serving 
geographic areas. To determine how NCUA's examination and supervision 
process has changed, we reviewed NCUA documentation on its risk-focused 
program and conducted structured interviews of NCUA regional directors 
and examiners, as well as selected state credit union supervisors. We 
also analyzed NCUA data on examiner resources provided to states and 
progress in implementing PCA. To determine the financial condition of 
NCUSIF, we obtained and analyzed key financial data about the fund from 
NCUA's annual audited financial statements for 1991-2002. Finally, to 
assess the risks associated with the use of private share insurance, we 
identified and analyzed relevant federal and state statutes and 
regulations and surveyed the 50 state credit union regulators to 
determine which states permitted private share insurance. In addition, 
we conducted interviews with state supervisors from states where credit 
unions are permitted to choose private insurance--Alabama, California, 
Idaho, Illinois, Indiana, Maryland, Nevada, and Ohio. We also 
interviewed and obtained relevant documentation from representatives of 
American Share Insurance (ASI)--the remaining provider of private share 
insurance. Appendix I provides additional details on our scope and 
methodology. We conducted our review from August 2002 through September 
2003 in accordance with generally accepted government auditing 
standards.

Results in Brief:

The overall financial condition of the credit union industry, as 
measured by capital ratios, asset growth, and regulatory ratings, has 
improved since our last report in 1991. An example of the improved 
condition of the credit union industry is the decline in the number of 
credit unions identified by NCUA as being in weak or unsatisfactory 
condition--578 (about 5 percent of all credit unions) in 1992 compared 
with 211 (about 2 percent of all credit unions) in 2002.[Footnote 7] 
While credit union profitability, as measured by the return on assets 
ratio, generally declined between 1992 and 1999, it has since 
stabilized. The number of credit unions declined between 1992 and 2002 
while total industry assets have grown. This has resulted in two 
distinct groups of credit unions--larger credit unions, which are fewer 
in number and provide a wider range of services that more closely 
resemble those offered by banks, and smaller credit unions, which are 
greater in number and provide more basic financial services. Credit 
unions with over $100 million in assets represented about 4 percent of 
all credit unions and 52 percent of total credit union assets in 1992 
compared with about 11 percent of all credit unions and 75 percent of 
total credit union assets in 2002. These larger credit unions were more 
likely to provide sophisticated financial services, such as Internet 
banking and electronic loan applications, and engage in mortgage 
lending than smaller credit unions.

As credit unions have become larger and expanded the range of services 
they offer, the question of who receives services from credit unions 
has been widely debated. While it has been generally accepted that 
credit unions have a historical emphasis on serving people of modest 
means, limited data exist that can be used to assess the income 
characteristics of credit union members. Our analysis of available data 
suggested that the income of credit union members is similar to that of 
bank customers; although credit unions may serve a slightly lower 
proportion of low-and moderate-income households than banks. Our 
analysis of the Federal Reserve's 2001 Survey of Consumer Finances 
indicates that 36 percent of households that primarily or only used 
credit unions had low and moderate incomes compared with 42 percent of 
households that used banks. Our analysis of HMDA 2001 loan application 
records indicated that credit unions provided a slightly lower 
percentage of their mortgages to low-and moderate-income households 
than banks--27 percent compared with 34 percent--of comparable asset 
size. However, relying on HMDA data to evaluate credit union service to 
low-and moderate-income households has limitations because most credit 
unions are (1) small and, therefore, not required to report HMDA data 
and (2) generally make more consumer loans (for example, for cars) than 
residential mortgage loans. An analysis of consumer loans or other 
services by household income would provide a more complete picture of 
credit union service to low-and moderate-income households. Other 
industry studies concluded that credit union members tended to have 
higher incomes than nonmembers, but indicated that this was likely due 
to credit union membership being primarily occupationally based.

CUMAA authorized preexisting NCUA policies that had enabled federally 
chartered credit unions to expand their membership over the last two 
decades. In response to a Supreme Court decision, Congress enacted 
provisions of CUMAA permitting federally chartered credit unions to 
form multiple-bond credit unions--consisting of groups, such as for 
employment, each with their own distinguishing characteristics--and 
permitted these credit unions to add communities underserved by 
financial institutions to their membership. NCUA permitted single-and 
community-bond, federally chartered credit unions to add underserved 
communities to their field of membership as well. CUMAA also amended a 
chartering provision authorizing community credit unions by specifying 
that the area in which their members are located should be "local." 
However, NCUA regulations have made it easier for credit unions to 
qualify to serve larger geographic areas (for example, entire cities). 
According to NCUA officials, these changes were necessary to maintain 
the competitiveness of the federal charter with respect to what they 
perceived as less restrictive field of membership requirements allowed 
for state-chartered credit unions in some states. While CUMAA permitted 
multiple-bond credit unions to add underserved areas, and NCUA has 
stated its commitment to ensuring that credit unions provide financial 
services to all segments of society, NCUA has not developed indicators 
to determine if credit union services have reached the underserved. 
Instead, NCUA uses "potential membership," the number of people who 
could join credit unions, as an indirect measure of credit union 
success in penetrating these areas.

In response to the growing concentration of assets in the credit union 
industry and increased services and activities offered by credit 
unions, NCUA adopted a risk-focused examination and supervision program 
similar to that of other depository institution regulators. While NCUA 
has taken a number of steps to ensure the successful implementation of 
its risk-focused program, it faces a number of challenges. NCUA has met 
with the other depository institution regulators, such as the Federal 
Deposit Insurance Corporation (FDIC), to learn about how they 
implemented their risk-focused programs. However, opportunities exist 
to further leverage the experiences of other depository institution 
regulators to more effectively deal with ongoing challenges such as 
ensuring that examiners have sufficient training and expertise to 
evaluate the more sophisticated activities of credit unions, such as 
Internet banking and member business lending. Furthermore, unlike the 
other depository institution regulators, NCUA lacks authority to review 
the operations of third-party vendors, which credit unions increasingly 
rely on to provide services such as Internet banking. However, these 
third-party arrangements present risks such as threats to security of 
information systems, availability and integrity of systems, and 
confidentiality of information. In addition, credit unions are not 
subject to the internal control reporting requirements that the Federal 
Deposit Insurance Corporation Improvement Act of 1991 (FDICIA) imposed 
on banks and thrifts. NCUA implemented PCA, in 2000 as mandated by 
CUMAA, as another control for safety and soundness of the industry. To 
date, there have been very few credit unions subject to PCA partially 
because of a generally favorable economic climate for credit unions.

Indicators of the financial condition and performance of NCUSIF have 
generally been stable over the past decade. For example, the ratio of 
fund equity to insured shares--a measure of the fund's equity available 
to cover losses on insured deposits--was within statutory requirements 
at December 31, 2002, as it has been over the past decade. While 
NCUSIF's net income has remained positive through 2002, it experienced 
significant declines in 2001 and 2002 due to decreased yields from the 
investment portfolio, increases in the amount paid to NCUA's Operating 
Fund for administrative expenses (overhead transfer rate), and 
increasing insurance losses on failed credit unions. NCUA's external 
auditors reviewed the basis on which the transfer rate was determined 
and made several recommendations for improvement that, according to 
NCUA officials, are being assessed and implemented. While financial 
indicators have generally remained satisfactory, NCUSIF is the only 
share or deposit insurance fund that has not adopted a risk-based 
insurance structure. Currently, credit unions are assessed a flat rate 
that does not reflect the risk that individual credit unions pose to 
the fund. Moreover, NCUA's process for estimating anticipated losses to 
the fund lacks precision, as it does not identify specific historical 
failure rates and related loss rates for the group of credit unions 
that have been identified as being in troubled condition. As a result, 
NCUA may be over or underestimating probable losses to the fund.

The overall system risk to the credit union industry that may be 
created by private primary share insurance appears to have decreased 
since 1990, although some concerns remain. The number of privately 
insured credit unions and providers of private primary share insurance 
have declined significantly since 1990. Specifically, in 1990, there 
were 1,462 privately insured credit unions--with $18.6 billion in 
insured shares--compared with 212 privately insured credit unions--with 
about $10.8 billion in insured shares, as of December 2002. This 
represented a 42 percent decrease in privately insured shares. 
Moreover, during the same period the number of private primary share 
insurers decreased from 10 to 1--ASI. Although the use of private share 
insurance has declined, some circumstances of the remaining private 
insurer raise concerns. First, ASI's insured risks are overly 
concentrated in a few large credit unions and in certain states. 
Second, ASI may have a limited ability to absorb catastrophic losses 
because it does not have the backing of any governmental entity and its 
lines of credit are limited. However, ASI has implemented a number of 
risk-management strategies, including increased monitoring of its 
largest credit unions to help mitigate concentration risk. In addition, 
state regulation of ASI and the privately insured credit unions it 
insures provides some additional assurance that ASI and the credit 
unions operate in a safe and sound manner. One additional concern, as 
we recently reported, is that many privately insured credit unions 
failed to make required disclosures about not being federally insured 
and, therefore, the members of these credit unions may not have been 
adequately informed that their deposits lacked federal deposit 
insurance.

This report contains recommendations to NCUA and matters for 
congressional consideration that, if implemented, would better ensure 
NCUA's ability to achieve its goal of ensuring that credit unions can 
safely provide financial services to all segments of society, promote 
greater consistency in federal oversight of depository institutions, 
and enhance share insurance management.

We requested comments on a draft of this report from the Chairman of 
the National Credit Union Administration and the President and Chief 
Executive Officer of American Share Insurance. We received written 
comments from NCUA and ASI that are discussed in this report and 
reprinted in appendixes XI and XII respectively. NCUA generally agreed 
with most of the report's assessment regarding the challenges facing 
NCUA and credit unions since 1991 and planned to implement the majority 
of the report's recommendations. In commenting on a draft of the 
private share insurance section, ASI stated that this report did not 
adequately assess the private share insurance industry and objected to 
our conclusions that ASI's risks are concentrated in a few large credit 
unions and a few states; it has limited ability to absorb large losses 
because it does not have the backing of any governmental agency; and 
its lines of credit are limited in the aggregate as to amount and 
available collateral. In response, we considered ASI's positions and 
materials provided, including ASI's actuarial assumptions and ASI's 
past performance, and believe our report addresses these issues 
correctly as originally presented.

Background:

Credit unions differ from other depository institutions because of 
their cooperative structure and tax exemption. Credit unions are 
member-owned cooperatives run by boards elected by their members. They 
do not issue capital stock; rather, they are not-for-profit entities 
that build capital by retaining earnings. However, like banks and 
thrifts, credit unions have either federal or state charters. Federal 
charters have been available since 1934 when the Federal Credit Union 
Act was passed. States have their own chartering requirements. As of 
December 2002, the federal government chartered about 60 percent of the 
nearly 10,000 credit unions, and about 40 percent were chartered by 
their respective states. Both federally and state-chartered credit 
unions are exempt from federal income taxes, with federally chartered 
and most state-chartered credit unions also exempt from state income 
and franchise taxes.

Another distinguishing feature of credit unions is that they may serve 
only an identifiable group of people with a common bond. A common bond 
is the characteristic that distinguishes a particular group from the 
general public. For example, a group of people with a common profession 
or living in the same community could share a common bond. Over the 
years, common-bond requirements at the state and federal levels have 
become less restrictive, permitting credit unions consisting of more 
than one group 
having a common bond to form "multiple-bond" credit unions.[Footnote 8] 
The term "field of membership" is used to describe all the people, 
including organizations, that a credit union is permitted to accept for 
membership. As previously noted, the loosening of common-bond 
restrictions, as well as expanded powers, have brought credit unions 
into more direct competition with other depository institutions, such 
as banks. In addition, credit unions can offer members additional 
services made available by third-party vendors and by certain profit-
making entities with which they are associated, referred to as credit 
union service organizations (CUSO).[Footnote 9]

CUMAA was the last statute that enacted major provisions affecting, 
among other things, how federally chartered credit unions could define 
their fields of membership and how federally insured credit unions 
demonstrate the safety and soundness of their operations. In February 
1998, the Supreme Court ruled that NCUA lacked authority to permit 
federal credit unions to serve multiple membership groups.[Footnote 10] 
In response, CUMAA authorized multiple-group chartering, subject to 
limitations NCUA must consider when granting charters. Also, the act 
limited new community charter applications to well-defined "local" 
communities. Moreover, CUMAA placed several additional restrictions on 
federally insured credit unions. It tightened audit requirements, 
established PCA requirements when capital standards were not met, and 
placed a cap on the percentage of funds that a credit union could 
expend for member business loans.

NCUA has oversight responsibility for federally chartered credit unions 
and has issued regulations that, among other things, guide their field 
of membership and the scope of services they can offer. NCUA also has 
responsibility for overseeing the safety and soundness of federally 
insured credit unions through examinations and off-site monitoring. In 
addition, NCUA administers NCUSIF, which provides primary share 
(deposit) insurance for 98 percent of the nation's credit 
unions.[Footnote 11] NCUA, in its role as administrator of NCUSIF, is 
responsible for overseeing federally insured, state-chartered credit 
unions to ensure that they pose no risk to NCUSIF.

State governments have responsibility for regulating state-chartered 
credit unions. State regulators oversee the safety and soundness of 
state-chartered credit unions; although, as mentioned above, NCUA also 
has responsibility for ensuring that state-chartered credit unions that 
are federally insured pose no risk to NCUSIF. States set their own 
rules regarding field of membership and the services credit unions can 
provide. In addition, some states allow the credit unions in their 
states the option of obtaining private primary share insurance. 
Currently, 212 credit unions in eight states have primary share 
insurance from a private company, ASI, located in Ohio. Primary share 
insurance for these privately insured credit unions covers up to 
$250,000.

Financial Condition of the Credit Union Industry Has Improved Since 
1991:

Between 1992 and 2002, the capital ratios of federally insured credit 
unions improved and remained higher than those of other depository 
institutions. The industry's assets also grew over this period, 
coincident with an increased emphasis on mortgage loans. Credit union 
industry profitability, after declining from 1992 to 1999, has since 
stabilized. In addition, since 1991 there has been a significant drop 
in the number of problem credit unions as measured by regulatory 
ratings. Consolidation in the industry has continued while total 
industry assets have grown, which has in part resulted in two distinct 
groups of federally insured credit unions--larger credit unions, which 
are fewer in number and provide a wider range of services that more 
closely resemble those offered by banks, and smaller credit unions, 
which are larger in number and provide more basic financial services.

Credit Union Capital Ratios Have Improved Since 1991 and Remain Higher 
Than Those of Banks:

The capital of federally insured credit unions as a percent of total 
industry assets--the capital ratio--increased steadily between 1992 and 
1997 and has since remained mostly level. As shown in figure 1, the 
capital ratio of the industry was 8.1 percent in 1992, increased to 
11.1 percent in 1997, and was 10.9 percent in 2002. As a point of 
comparison, the capital ratio of credit unions has remained higher than 
that of banks and thrifts since 1992.[Footnote 12] As a result, credit 
unions have a greater proportion of assets available to cover potential 
losses than banks and thrifts. This may be appropriate since credit 
unions, unlike banks, are unable to raise capital in the capital 
markets but must instead rely on retained earnings to build and 
maintain their capital levels.

Figure 1: Comparison of Credit Union and Bank Capital Ratios, 1992-
2002:

[See PDF for image]

Note: Bank and thrift data are from all FDIC-insured institutions 
filing call reports, excluding insured branches of foreign 
institutions.

[End of figure]

Industry Assets Have Grown and Asset Composition Has Changed:

Total loans as a percent of total assets of federally insured credit 
unions grew between 1992 and 2002. In 1992, 54 percent of credit union 
assets were made up of loans and 16 percent were in U.S. government and 
agency securities, while in 2002 loans represented 62 percent of 
industry assets, and U.S. government and agency securities represented 
14 percent of total assets. The largest category of credit union loans 
was consumer loans (a broad category consisting of unsecured credit 
card loans, new and used vehicle loans, and certain other loans to 
members, but excluding real estate loans such as mortgage or home 
equity loans), followed by real estate loans. For example, in 2002, 31 
percent of credit union total assets were classified as consumer loans 
and 26 percent were classified as real estate loans.

However, over time, holdings of real estate loans have grown more than 
holdings of consumer loans. For example, real estate loans grew from 19 
percent of total assets in 1992 to 26 percent in 2002, while consumer 
loans grew from 30 percent to 31 percent over the same period. Despite 
a larger increase in real estate lending relative to consumer lending, 
credit unions still had a significantly larger percentage of consumer 
loans relative to total assets compared with their peer group banks and 
thrifts: consumer loan balances of peer group banks and thrifts were 
less than 8 percent of total assets in 2002. To provide context, in 
terms of dollar amounts, credit unions had $175 billion in consumer 
loans while peer group banks and thrifts had $190 billion in consumer 
loans. However, these banks and thrifts held a greater percentage of 
real estate loans than credit unions. See appendix III for additional 
details.

Credit Union Profitability Has Been Relatively Stable in Recent Years:

The profitability of credit unions, as measured by the return on 
average assets, has been relatively stable in recent years.[Footnote 
13] The industry's return on average assets was higher in the early to 
mid-1990s than in the late 1990s and early 2000s. While declining from 
1.39 in 1993 to 0.94 in 1999, the return on average assets has since 
stabilized. It has generally hovered around 1, which, by historical 
banking standards, is a performance benchmark, and it was reported at 
1.07 as of December 31, 2002. For comparative purposes, the return on 
average assets for peer group banks and thrifts was 1.24 in 2002. 
Earnings, or profits, are an important source of capital for financial 
institutions in general and are especially important for credit unions, 
as they are mutually owned institutions that cannot sell equity to 
raise capital. As previously mentioned, credit unions create capital, 
or net worth, by retaining earnings. Most credit unions begin with no 
net worth and gradually build it over time.

Regulatory Ratings Have Improved:

Since we last reported on the financial condition of credit unions, 
there has been a significant drop in the number of problem credit 
unions as measured by the regulatory ratings of individual credit 
unions. Regulatory ratings are a measure of the safety and soundness of 
credit union operations, and credit unions with an overall CAMEL rating 
of 4 (poor) or 5 (unsatisfactory) are considered problem credit unions. 
The number of problem credit unions declined by 63 percent from 578 (5 
percent of all credit unions) in 1992 to 211 (2 percent of total) in 
2002.

Consolidation in Industry Has Widened the Gap between Larger and 
Smaller Credit Unions:

Total assets in federally insured credit unions grew from $258 billion 
in 1992 to $557 billion in 2002, an increase of 116 percent. During 
this same period, total member shares in these credit unions grew from 
$233 billion to $484 billion, an increase of 108 percent. At the same 
time, the number of federally insured credit unions fell from 12,595 to 
9,688. As a result of the increase in total assets and the decline in 
the number of federally insured credit unions, the credit union 
industry has seen an increase in the average size of its institutions 
and a slight increase in the concentration of assets. At year-end 1992, 
credit unions with more than $100 million in assets represented 4 
percent of all credit unions and 52 percent of total assets; at year-
end 2002, credit unions with more than $100 million in assets 
represented about 11 percent of all credit unions and 75 percent of 
total assets. From 1992 to 2002, the 50 largest credit unions by asset 
size went from holding around 18 percent of industry assets to around 
23 percent of industry assets. Despite the slight increase in 
concentration of assets in the credit union industry, it was neither as 
concentrated as the banking industry, nor did it witness the same 
degree of increased concentration. From 1992 to 2002, the 50 largest 
banks by asset size went from holding around 34 percent of industry 
assets to around 58 percent of industry assets. Appendix IV has 
additional information on assets in federally insured credit unions and 
banks.

This consolidation in the credit union industry has in part widened the 
gap between two distinct groups of federally insured credit unions--
larger credit unions, which are relatively few in number and provide a 
wider range of services, and smaller credit unions, which are greater 
in number and provide more basic banking services. Figure 2 illustrates 
institution size and asset distribution in the credit union industry as 
of 2002, with institutions classified by asset ranges; smaller credit 
unions are captured in the first category, while credit unions with 
assets in excess of $100 million are separated into additional asset 
ranges for illustrative purposes. For example, as of December 31, 2002, 
the 8,642 smaller credit unions--those with $100 million or less in 
total assets--constituted nearly 90 percent of all credit unions but 
held only 25 percent of the industry's total assets (see right-hand 
axis of fig. 2). Conversely, the 71 credit unions with assets of 
between $1 billion and $18 billion, held 27 percent of total industry 
assets (see right-hand axis of fig. 2) but represented less than 1 
percent of all credit unions.[Footnote 14]

Figure 2: Credit Union Industry Size and Total Assets Distribution, as 
of December 31, 2002:

[See PDF for image]

Note: This figure depicts credit union industry distribution both in 
terms of the number of federally insured institutions in a particular 
size category as well as the percentage of industry assets that are 
held by institutions in that category. Group I credit unions had assets 
of $100 million or less; Group II credit unions had assets greater than 
$100 million and less than or equal to $250 million; Group III credit 
unions had assets greater than $250 million and less than or equal to 
$500 million; Group IV credit unions had assets greater than $500 
million and less than or equal to $1 billion; and Group V credit unions 
had assets greater than $1 billion and less than or equal to $18 
billion, which is the asset size, rounded up to the nearest billion 
dollars, of the largest credit union as of December 31, 2002. Thus, 
Group I represents smaller credit unions and Groups II, III, IV, and V 
represent larger credit unions.

[End of figure]

We observed that larger credit unions tended to hold a wider variety of 
loans than did smaller credit unions, and larger credit unions 
emphasized different loan types than smaller credit unions. For 
example, new and used vehicle loans have represented a relatively 
greater proportion of total assets for smaller credit unions, and 
nearly all smaller credit unions held such loans. However, while nearly 
all of the larger credit unions held new and used car loans, first 
mortgage loans represented a relatively greater proportion of total 
assets for larger credit unions. In fact, nearly all larger credit 
unions held first mortgage loans, junior mortgage and home equity 
loans, and credit card loans, while in general less than half of the 
smaller credit unions held these loans. Larger credit unions also 
tended to be more likely to provide more sophisticated services, such 
as financial services through the Internet and electronic applications 
for new loans. While nearly all larger credit unions offered automatic 
teller machines, less than half of smaller credit unions did. In fact, 
when compared with similarly sized peer group banks and thrifts, larger 
credit unions tended to appear very similar to their bank peers in 
terms of loan holdings. Appendixes IV and V provide further details.

Limited Comprehensive Data Are Available to Evaluate Income of Credit 
Union Members:

As credit unions have become larger and offer a wider variety of 
services, questions have been raised about whether credit unions are 
more likely to serve households with low and moderate incomes than 
banks. However, limited comprehensive data are available to evaluate 
income of credit union members. Our assessment of available data--the 
Federal Reserve's 2001 SCF, 2001 HMDA data, and other studies--provided 
some indication that credit unions served a slightly lower proportion 
of households with low and moderate incomes than banks. Industry 
experts suggested that credit union membership characteristics--
occupationally based fields of membership and traditionally full-time 
employment status--could have contributed to this outcome. However, 
limitations in the available data preclude drawing definite conclusions 
about the income characteristics of credit union members. Additional 
information, especially with respect to the income levels of credit 
unions' members receiving consumer loans, would be required to assess 
more completely whom credit unions serve.

Data Lacking on Income Characteristics of Credit Union Members and 
Users:

It has been generally accepted, particularly by NCUA and credit union 
trade groups, that credit unions have a historical emphasis of serving 
people with modest means. However, there are currently no comprehensive 
data on the income characteristics of credit union members, 
particularly those who actually receive loans and other services. As 
credit unions have become larger and expanded their offerings of 
financial services, industry groups, as well as consumer advocates, 
have debated which economic groups benefit from credit unions' 
services. Additionally, questions have been raised about credit unions' 
exemption from federal income taxes. As stated in our 1991 report, and 
still true, none of the common-bond criteria available to federally 
chartered credit unions refers to the economic status of their members 
or potential members.

Information on the extent to which credit unions are lending and 
providing services to households with various incomes is scarce because 
NCUA, industry trade groups, and most states (with the exception of 
Massachusetts and Connecticut) have not collected specific information 
describing the economic status of credit union members who obtain loans 
or benefit from other credit union services.[Footnote 15] Credit 
unions, even those serving geographic areas, are not subject to the 
federal Community Reinvestment Act (CRA), which requires banking 
regulators to examine and rate banks and thrifts on lending and service 
to low-and moderate-income neighborhoods in their assessment 
area.[Footnote 16] As a consequence, credit unions are not required by 
NCUA or other regulators to maintain data on the extent to which loans 
and other services are being provided to households with various 
incomes.

However, two states--Massachusetts and Connecticut--collect 
information on the distribution of credit union lending by household 
income and the availability of services because their state-chartered 
credit unions are subject to examinations similar to those of federally 
regulated institutions. Modeled on the federal examination procedures 
for large banks, the state regulators apply lending and service tests 
to assess whether credit unions are meeting the needs of the 
communities they have set out to serve, including low-and moderate-
income neighborhoods. Massachusetts established its examination 
procedures in 1982, and 
Connecticut in 2001.[Footnote 17] All credit unions in Massachusetts 
are subject to these examinations, including those whose field of 
membership is community-based.[Footnote 18] In contrast, in 
Connecticut, only state-chartered credit unions serving communities 
with more than $10 million in assets are subject to the examination. 
According to a Connecticut state official, the Connecticut legislature 
established its examination due to an increasing trend of multiple-bond 
credit unions to convert to community-chartered bonds, and the $10-
million threshold was chosen because the legislature believed credit 
unions of that size would normally have the personnel and technological 
resources to appropriately identify and serve their market. In May 
2003, Connecticut started to examine community-chartered credit unions 
with assets of more than $10 million.

Consumer and industry groups have debated if information that 
demonstrates whether credit unions serve low-and-moderate income 
households is necessary. Some consumer groups believe that credit 
unions should supply information that indicates they serve all segments 
of their potential membership. The Woodstock Institute--an organization 
whose purpose is to promote community reinvestment and economic 
development in lower-income and minority communities--recommended, 
among other things, that the CRA requirement should be extended to 
include credit unions, based on a study they believe demonstrated that 
credit unions are not adequately serving low-income 
households.[Footnote 19] Woodstock Institute officials noted that they 
would prefer to see CRA requirements applied to larger credit unions, 
those with assets over $10 million. The National Federation of 
Community Development Credit Unions (NFCDCU) has recommended that 
credit unions whose fields of membership cover large communities should 
be affirmatively held accountable for providing services to all 
segments of those communities, and that NCUA publish annual reports on 
the progress and status of these expanded credit unions.[Footnote 20] 
In contrast, NCUA and industry trade groups have opposed these and 
related requirements largely because they state that no evidence 
suggests that credit unions do not serve their members.[Footnote 21]

Federal Reserve Board Data Suggest That Credit Unions Serve a Slightly 
Lower Proportion of Low-and Moderate-income Households:

Our analysis of the Federal Reserve Board's 2001 SCF suggested that 
credit unions overall served a lower percentage of households of modest 
means (low-and moderate-income households combined) than 
banks.[Footnote 22] More specifically, while credit unions served a 
slightly higher percentage of moderate-income households than banks, 
they served a much lower percentage of low-income households. The SCF 
is an interview survey of U.S. households conducted by the Federal 
Reserve Board that includes questions about household income and 
specifically asks whether households use credit unions or banks.Our 
analysis of the SCF indicated the following percentages for those 
households that used a financial institution:[Footnote 23]

* 8 percent of households only used credit unions,

* 13 percent of households primarily used credit unions,[Footnote 24]

* 17 percent of households primarily used banks, and:

* 62 percent of households only used banks.

To provide a more consistent understanding of our survey results, we 
used the same income categories used by financial regulators--low, 
moderate, middle, and upper--in their application of federal CRA 
examinations.[Footnote 25]

To determine the extent to which credit unions served people of "modest 
means," we first combined households with low or moderate incomes into 
one group and combined households with middle or upper incomes into 
another group. We then combined the SCF data into two main groups--
households that only and primarily used credit unions versus households 
that only and primarily used banks. As shown in figure 3, this analysis 
indicated that about 36 percent of households that only or primarily 
used credit unions had low or moderate incomes, compared with 42 
percent of households that used banks. Moreover, our analysis suggested 
that a greater percentage of households that only and primarily used 
credit unions were in the middle-and upper-income grouping than the 
proportion of households that only and primarily used banks.

Figure 3: Income Characteristics of Households Using Credit Unions 
versus Banks, Low and Moderate Income versus Middle and High Income:

[See PDF for image]

[End of figure]

To better understand the distribution of households by income category, 
we also looked at each of the four income categories separately. As 
shown in figure 4, this analysis suggested that the percentage of 
households that only and primarily used credit unions in the low-income 
category was lower than the percentage of households that used banks in 
the same category (16 percent versus 26 percent). In contrast, 
households that only and primarily used credit unions were more likely 
to be moderate-and middle-income (19 percent and 22 percent) than those 
that only and primarily used banks (16 and 17 percent). Given that 
credit union membership has traditionally been tied to occupational-or 
employer-based fields of membership, the higher percentage of moderate-
and middle-income households served by credit unions is not surprising.

Figure 4: Income Characteristics of Households Using Credit Unions 
versus Banks, by Four Income Categories:

[See PDF for image]

Note: We found no statistical difference in the percentage of upper-
income households when the only and primarily using credit union group 
and the only and primarily using bank group were compared.

[End of figure]

We also attempted to further explore the income distribution of credit 
unions' members by separately analyzing households that only used 
credit unions or banks from those that primarily used credit unions or 
banks. However, the results were subject to multiple interpretations 
due to characteristics of the households in the SCF database. For 
example, when user groups are combined and compared, the results may 
look different than when the groups are separated and compared. Because 
such a high percentage of the U.S. population only uses banks (62 
percent), the data obtained from the SCF is particularly useful for 
describing characteristics of bank users but much less precise for 
describing smaller population groups, such as those that only used 
credit unions (8 percent).

In addition to assessing the income characteristics of households using 
credit unions and banks, we also performed additional analysis by 
education, race, and age. The results of these analyses can be found in 
appendix VI.

Credit Unions Made a Slightly Lower Proportion of Mortgage Loans to 
Households with Low and Moderate Incomes Than Banks:

As an indicator of the income levels of households that utilize credit 
union services, we used 2001 HMDA loan application records to analyze 
the income of households receiving mortgages for the purchase of one-
to-four family homes from credit unions and peer-group banks.[Footnote 
26] Our analysis indicated that credit unions reporting HMDA data made 
a lower proportion of mortgage loans to households with low and 
moderate incomes than peer group banks reporting HMDA data--27 percent 
compared with 34 percent.[Footnote 27] More specifically, credit unions 
made 7 percent of their loans to low-income households compared with 12 
percent for banks, and credit unions made 20 percent of their loans to 
moderate-income households compared with 22 percent for banks (see fig. 
5).[Footnote 28]

Figure 5: Mortgages Made by Credit Unions and Banks, by Income Level of 
Purchaser, 2001:

[See PDF for image]

Note: About 16 percent of all credit union and peer group bank loans 
reported to HMDA were excluded from this analysis because their loan 
records did not identify the MSA of the purchased property. Because we 
did not know the MSA, we could not calculate a MSA median income to 
categorize the loan. HMDA reporting requirements allow for the omission 
of the MSA when the property is not located in an MSA where the 
institution has a home or branch office. Also, percentages of loans 
made by credit unions do not add up to 100 percent due to rounding.

[End of figure]

We also analyzed and compared the proportion of mortgage loans reported 
by peer group banks and credit unions for the purchase of homes by the 
median family income of the census tracts in which the homes were 
located. We found that credit unions made roughly the same proportion 
of loans for the purchase of homes, by census tract income category, as 
banks. For example, we found that both credit unions and banks made 1 
percent of their loans for the purchase of homes in low-income census 
tracts and that credit unions made 9 percent of their loans for the 
purchase of properties in moderate-income census tracts compared with 
10 percent by banks (see fig. 6). In addition, we found that both 
credit unions and banks made 54 percent of their loans for the purchase 
of homes in middle-income census tracts, and that credit unions made 
about 37 percent of their loans in upper-income census tracts compared 
with 35 percent by banks. This analysis is a measure of whether all 
neighborhoods (census tracts within an assessment area) are receiving 
financial services, including low-and moderate-income ones.

Figure 6: Loans Made by Credit Unions and Banks, by Average Income in 
the Purchased Home's Census Tract, 2001:

[See PDF for image]

Note: About 16 percent of the credit union and peer group bank loans 
reported to HMDA were excluded from this analysis because their loan 
records did not identify the census tract of the purchased property. 
Because we did not know the census tract, no census tract median income 
was available to categorize the loan. HMDA reporting requirements allow 
for the omission of the census tract locations under certain 
conditions; for example, when the property did not have an identified 
census tract for the 1990 census or was located in a county with a 
population of 30,000 or less. Also, percentages of loans made by credit 
unions do not add up to 100 percent due to rounding.

[End of figure]

Because each HMDA loan record identified the income of the mortgage 
loan recipient and the location of the property, the HMDA database 
allowed us to determine the proportion of mortgages made within the 
four income categories--low, moderate, middle, and upper--used by 
financial regulators for CRA examinations. However, not all financial 
institutions are required to report HMDA data--for example, depository 
institutions were exempt from reporting data in 2001 if they had assets 
less than $31 million as of December 31, 2000, and if they did not have 
a home or branch office in an MSA. Further, not all credit unions, 
including those that had more than $31 million in assets, made home 
purchase loans.[Footnote 29] As a result, most credit unions did not 
meet HMDA's reporting criteria--only about 14 percent of all credit 
unions submitted data included in our analysis.[Footnote 30] On the 
other hand, the credit unions that did report their loans to HMDA held 
about 70 percent of credit union assets and included about 62 percent 
of all credit union members.

HMDA Analysis Has Certain Limitations:

Our analysis of HMDA data allowed us to determine the overall 
proportion of mortgage loans credit unions and peer group banks made to 
households and neighborhoods with low and moderate incomes. However, we 
would need information on the proportion of low-and moderate-income 
households within credit union fields of membership to actually make an 
evaluation of whether credit unions, collectively or individually, have 
met the credit needs of their entire field of membership. Similar to 
analyses used in federal CRA lending tests, this information could then 
be used as a baseline from which to evaluate an individual credit 
union's actual lending record.[Footnote 31] In addition, information on 
factors (for example, a community's economic condition, local housing 
costs) that could affect the ability of a credit union to make loans 
consistent with safe and sound lending would be necessary to evaluate 
an institution's lending record. If regulators were to make these types 
of evaluations for credit unions, they would be easier to implement for 
those serving geographic areas because demographic information (for 
example, on census tract median income levels) would be available to 
describe credit union field of membership. For credit unions with an 
occupational or associational membership, other ways of characterizing 
their field of membership would need to be determined.

In addition, as previously mentioned, using HMDA data to analyze credit 
union mortgage lending to members does not provide any information on 
smaller credit unions, because in 2001 credit unions with less than $31 
million in assets as of December 31, 2000, were not required to report 
HMDA data. Because smaller credit unions did not report HMDA data, one 
group of credit unions--the roughly 3,800 credit unions that qualified 
for NCUA's Small Credit Union Program in December 2002--were largely 
excluded from our HMDA analysis. Credit unions qualifying for 
assistance from this program must have less than $10 million in assets 
or have received a "low-income" designation from NCUA.[Footnote 32] In 
addition, low-income credit unions must demonstrate that more than half 
of their current members meet one of NCUA's low-income 
criteria.[Footnote 33] Further, smaller credit unions are more likely 
than larger credit unions to make consumer loans than mortgages, making 
an evaluation of mortgage lending more relevant to larger credit unions 
than smaller ones. Because most credit unions can be classified as 
small, analyzing the distribution of consumer loans by household income 
would provide a more complete picture of credit union lending.[Footnote 
34]

Other Studies Indicate That Credit Unions Serve Households with Higher 
Incomes Than Banks:

Other recently published studies--CUNA and the Woodstock Institute--
generally concluded that credit unions served a somewhat higher-income 
population. The studies noted that the higher income levels could be 
due to the full-time employment status of credit union members.

The CUNA 2002 National Member Survey reported that credit union members 
had higher average income households than nonmembers--$55,000 compared 
with $46,000.[Footnote 35] The report provided several reasons for the 
income differential, including the full-time employment status of 
credit union members, credit union affiliation with businesses or 
companies, and weak credit union penetration among some of the lowest-
income age groups--18 to 24 and 65 and older. However, the report noted 
that additional analyses, specifically those grouping consumers based 
on the extent to which they rely on banks and credit unions as their 
primary provider should also be considered.[Footnote 36] In addition, a 
study sponsored by the Woodstock Institute, based on an analysis of 
1999 and 2000 survey responses obtained from households in the Chicago, 
Illinois, metropolitan area concluded that credit unions in the Chicago 
region served a lower percentage of lower-income households than they 
did middle-and upper-income ones.[Footnote 37] For example, while 40 
percent of surveyed households with incomes between $60,000-$70,000 
contained a credit union member, only 23 percent of households earning 
between $30,000-$40,000 contained a credit union member. The study also 
noted that household members working for larger firms, and those who 
were members of a labor union, were significantly more likely to be 
credit union members.

Officials from NCUA and the Federal Reserve Board also noted that 
credit union members were likely to have higher incomes than nonmembers 
because credit unions are occupationally based. An NFCDCU 
representative noted that because credit union membership is largely 
based on employment, relatively few credit unions are located in low-
income communities. However, without additional research, especially on 
the extent to which credit unions with a community base serve all of 
their potential members, it is difficult to know whether full-time 
employment is the sole explanatory factor.

CUMAA Authorized NCUA to Continue Preexisting Policies That Expanded 
Field of Membership:

The Credit Union Membership Access Act of 1998 authorized preexisting 
NCUA policies that had allowed credit unions to expand field of 
membership. In 1998, the Supreme Court ruled against NCUA's practice of 
permitting federally chartered credit unions to consist of more than 
one common bond.[Footnote 38] In CUMAA, Congress specifically permitted 
credit unions to form multiple-bond credit unions and allowed these 
credit unions to serve underserved areas.[Footnote 39] CUMAA also 
specified that community-chartered credit unions serve a "local" 
area.[Footnote 40] However, after the passage of CUMAA, NCUA revised 
its regulations to make it easier for credit unions to serve 
communities larger than before CUMAA. To some extent, these NCUA 
policies appear to have been triggered by concerns about competing with 
the states to charter credit unions. While CUMAA permitted multiple-
bond credit unions to add underserved areas to their membership, the 
impact of this provision will be difficult to assess because NCUA does 
not track credit union progress in extending service to these 
communities.

CUMAA Permitted NCUA Policies Expanding Field of Membership:

CUMAA authorized several preexisting NCUA field of membership policies 
that had enabled federally chartered credit unions to expand their 
fields of membership. These policies had allowed credit unions to 
consist of more than one membership group and expand their membership 
to include underserved areas. In addition, CUMAA permitted credit 
unions to retain their existing membership.

Specifically, CUMAA affirmed NCUA's 1982 policy of permitting credit 
unions to form multiple-bond credit unions, allowing these credit 
unions to retain their current membership and authorizing their future 
formation.[Footnote 41] A credit union with a single common bond has 
members sharing a single characteristic, for example, employment by the 
same company. In contrast, multiple-bond credit unions consist of more 
than one distinct group.[Footnote 42] Congressional affirmation of 
NCUA's policy of permitting multiple-bond credit unions was important 
because earlier in 1998 the Supreme Court had ruled that federally 
chartered, occupationally based credit unions were required to consist 
of a single common bond.[Footnote 43] Figure 7 provides additional 
information since 2000 on the percent of federally chartered credit 
unions by charter type.[Footnote 44]

Figure 7: Percentage of Federally Chartered Credit Unions, by Charter 
Type, 2000-2003:

[See PDF for image]

Note: With the exception of the statistics provided for multiple-bond 
credit unions for 1996, NCUA cannot provide us data on federal 
chartering trends before 2000. However, NCUA was able to report that by 
1996, about half of all federally chartered credit unions were 
multiple-bond credit unions.

[End of figure]

In addition, CUMAA affirmed other preexisting NCUA policies. For 
example, CUMAA authorized multiple-bond credit unions to add 
individuals or organizations in "underserved areas" to their field of 
membership. This provision was similar to an NCUA policy that permitted 
multiple-bond credit unions, as well other federally chartered, single-
bond, and community-chartered credit unions, to add low-income 
communities 
to their field of membership.[Footnote 45] In addition, CUMAA affirmed 
NCUA's "once a member, always a member policy," which had been in 
effect since 1968. CUMAA authorized this policy such that credit union 
members may retain their membership even after the basis for the 
original bond ended.[Footnote 46] However, CUMAA still contained 
provisions encouraging the creation of new credit unions whenever 
possible.[Footnote 47]

NCUA Eased Requirements for Permitting Credit Unions to Serve Larger 
Geographic Areas:

Despite the qualification in CUMAA that a community-chartered credit 
union's members be within a well-defined "local" community, 
neighborhood, or rural district, NCUA eased requirements for permitting 
credit unions to serve larger geographic areas. CUMAA added the word 
"local" to the preexisting requirement that community-chartered credit 
unions serve a "well-defined community, neighborhood, or rural 
district," but provided no guidance with respect to how the word 
"local" or any other part of this requirement should be 
defined.[Footnote 48]

Following passage of CUMAA, NCUA expanded the ability of credit unions 
to serve larger geographic areas through its regulatory 
rulings.[Footnote 49] Interpretive Ruling and Policy Statement (IRPS) 
99-1, issued soon after CUMAA, was the first regulation to set 
standards for what could be considered a "local" area. It required 
credit unions to document that residents of a proposed community area 
interact or have common interests. Credit unions seeking to serve a 
single political jurisdiction (for example, a city or a county) with 
more than 300,000 residents were required to submit more extensive 
documentation than jurisdictions with fewer than 300,000 
residents.[Footnote 50] However, IRPS 03-1, which replaced IRPS 99-1, 
eliminated these documentation requirements, regardless of the number 
of residents. Further, IRPS 03-1 allowed credit unions to propose MSAs 
with less than 1 million residents for qualification as local areas. 
See table 1 for changes in "local" requirements. NCUA adopted these 
definitions of local community based on its experience in determining 
what constituted a local community charter.

Table 1: Regulatory Definitions of Local Community, 2000 and 2003:

IRPS 99-1, effective in November 2000, (as amended by IRPS 00-1): 1. 
Areas in single political jurisdictions (for example, counties or 
cities) qualified as a local community if the number of residents did 
not exceed 300,000; 2. States, noncontiguous jurisdictions, and MSAs 
did not meet the definition of a local community; 3. Contiguous 
political jurisdictions qualified as a local community if they 
contained 200,000 or fewer residents; 4. A letter describing community 
interaction or common interests was required for conditions (1) and (3) 
above. Otherwise, the credit union had to provide additional 
documentation; IRPS 03-1, effective in May 2003: 1. Any city, county, 
or political equivalent in a single political jurisdiction, regardless 
of population size, automatically meets the definition of a local 
community; 2. MSAs may meet the definition of local community provided 
the population does not exceed 1 million; 3. Contiguous political 
jurisdictions qualify as a local community if they contain 500,000 or 
fewer residents; 4. A letter describing community interaction or 
common interests is required for conditions (2) and (3) above. 
Otherwise, the credit union must provide additional documentation.

Source: IRPS 99-1 and IRPS 03-1.

Note: NCUA amended IRPS 99-1, the first field of membership regulation 
issued by NCUA after CUMAA, several times (IRPS 00-1 on Oct. 27, 2000; 
IRPS 01-1 on March 2001; and IRPS 02-2 on April 24, 2002.) This table 
only highlights key changes pertaining to the geographic and population 
criteria used by NCUA to approve community charters.

[End of table]

Specifically, NCUA officials said that they decided single political 
jurisdictions should automatically qualify as "local" areas based on 
their review of applications by credit unions for community charters. 
They reported that they came to this conclusion because credit unions 
converting to a community charter or expanding their service areas had 
generally been able to successfully supply the documentation required 
by NCUA. We asked NCUA officials what kind of relationships community-
chartered credit union members could have if, for example, a local 
community were to be defined as all of New York City. NCUA officials 
said that the defining factors for them were that people lived in the 
same political jurisdiction--thus providing, for example, a common 
government and educational system--and noted that credit unions 
applying to serve these larger jurisdictions still had to meet other 
requirements related to safety and soundness. The officials also said 
that had CUMAA not introduced the word "local," NCUA could have 
considered providing credit unions permission to expand their field of 
memberships statewide.

The regulatory changes in IRPS-03-1 pertaining to the definition of 
local community have made it easier for federally chartered credit 
unions to serve larger communities. Under IRPS-03-1, NCUA approved the 
largest community yet--the 2.3 million residents of Miami-Dade County, 
Florida.[Footnote 51] NCUA had disapproved this same credit union's 
request about 2 years earlier, under IRPS 99-1, as amended by IRPS 01-
1. Prior to IRPS-03-1, some of the largest community field of 
memberships approved by NCUA included service to 836,231 residents on 
Oahu, Hawaii, and service to 710,540 residents in Montgomery County and 
Greene County, Ohio.[Footnote 52] In addition, over the last 3 years, 
potential membership--an estimate of the maximum number of members that 
could join a credit union--in community-chartered credit unions has 
come to exceed that in multiple-bond credit unions.[Footnote 53] 
According to NCUA estimates, in March 2003, community-chartered credit 
unions had 98 million potential members compared with multiple-bond 
credit unions with 92 million potential members (see fig. 8).

Figure 8: Actual and Potential Members in Federally Chartered Credit 
Unions, by Charter Type, 2000-2003:

[See PDF for image]

[End of figure]

Dual Chartering System May Have Created Pressure for Less Restrictive 
Field of Membership Regulations:

According to NCUA, a major reason for NCUA's recent regulatory changes 
was to maintain the competitiveness of the federal charter in a dual 
chartering system. They also characterized NCUA's field of membership 
regulations as more restrictive than those in some states. Officials in 
three of the states in which we conducted interviews--California, 
Texas, and Washington--said that the ability to expand field of 
membership more readily under state rules was a reason that federally 
chartered credit unions had converted to state charters.

Consistent with this assertion, we found that state-chartered credit 
unions have experienced greater membership growth, although federally 
chartered credit unions still had more members. Between 1990 and March 
2003, state-chartered credit union membership increased by 88 percent, 
from 19.5 million to 36.6 million, while membership in federally 
chartered credit unions increased by 24 percent, from 36.2 million to 
44.9 million. In addition, if estimates of potential membership serve 
even as an approximation of future membership, state-chartered credit 
unions could be positioned to experience greater growth (see fig. 9). 
In March 2003, state-chartered credit unions had about 405 million 
potential members, almost twice the 208 million for federally chartered 
credit unions.

Figure 9: Actual and Potential Members in Federally and State-chartered 
Credit Unions, 1990-2003:

[See PDF for image]

Note: In 2001, the total population of the United States was about 285 
million people. In contrast, between 2001 and 2003, the total number of 
potential credit union members ranged from 446 million to about 613 
million. The total number of potential members exceeds the total 
population of the United States because credit unions can count the 
same individuals as potential members when their field of membership 
overlaps.

[End of figure]

We also found that states had chartered a higher percentage of their 
credit unions to serve geographic areas (communities) than 
NCUA.[Footnote 54] In 2002, we estimated that about 1,146 state-
chartered credit unions, 30 percent of all state-chartered credit 
unions, served geographic areas compared with 848 federally chartered 
credit unions, 14 percent of all federally chartered credit 
unions.[Footnote 55] However, this number increases to 1,096, 18 
percent of all federally chartered credit unions, once federally 
chartered credit unions serving underserved areas are included. State-
chartered credit unions serving geographic areas held about 59 percent 
of state-chartered credit unions assets compared with 17 percent held 
by federally chartered credit union serving geographic areas, or 29 
percent when the assets of credit unions with underserved areas were 
included.[Footnote 56]

Credit Unions Have Added Underserved Areas, but No Information 
Available to Evaluate Actual Service:

An NCUA objective is to ensure that credit unions provide financial 
services to all segments of society, including the underserved, but 
NCUA has not developed indicators to evaluate credit union progress in 
reaching the underserved.[Footnote 57] This type of evaluation could 
require information similar to that provided as part of CRA 
examinations--for example, information on the distribution of loans 
made by the income levels of households receiving mortgage and consumer 
loans--and provide comprehensive information on how credit unions have 
utilized opportunities to extend their services to underserved areas, 
including low-and moderate-income households.[Footnote 58] CUMAA had 
specifically provided that multiple-bond credit unions could serve 
underserved areas, and NCUA permitted single-bond and community-bond 
credit unions to add them as well. However, neither CUMAA nor NCUA 
required that credit unions report on services to these areas once they 
had been added. Figure 10 shows the number of underserved areas added 
before and after CUMAA.

Figure 10: Underserved Areas Added before and after CUMAA, by Federal 
Charter Type, 1997-2002:

[See PDF for image]

Note: Between 1997 and 1999, credit unions were adding communities 
under NCUA's low income standards. While CUMAA did not specifically 
permit single-bond and community-chartered credit unions to add 
underserved areas, NCUA permitted them to do so.

[End of figure]

Instead of developing indicators to evaluate credit union progress in 
reaching the underserved, NCUA officials have claimed success based on 
the increase in the number of potential members added by credit unions 
in underserved areas and, recently, on the membership growth rate of 
federally chartered credit unions that have added underserved areas. As 
of March 2003, credit unions had added 48 million potential members in 
underserved areas. As noted previously, potential membership is an 
estimate of the maximum number of people who could be eligible to join 
a credit union. However, NCUA officials believe that potential 
membership is an appropriate measure because they view NCUA's role as 
expanding membership opportunities for credit unions as opposed to the 
credit 
unions' role of actually extending services to new members.[Footnote 
59] In addition, in June 2003, NCUA claimed success based on estimates 
indicating that annual membership growth in credit unions that expanded 
into underserved areas has been higher than that of all federally 
chartered credit unions--4.8 percent compared with 2.49 percent. 
However, they could not identify whether the increase in membership 
actually came from the underserved areas or provide any descriptive 
information (for example, the income level) about the new members.

Because NCUA does not collect information on credit union service to 
underserved areas, it would be difficult for NCUA or others to 
demonstrate that these credit unions are actually extending their 
services to those who have lower incomes or do not have access to 
financial services.[Footnote 60] As the number of credit unions adding 
underserved areas increases, this question becomes more important. For 
example, in 1999, the year after CUMAA, 13 credit unions added 16 
underserved areas to their membership. In 2002, 223 credit unions added 
about 424 underserved areas. Further, the size of these communities can 
be substantial. For example, in May 2003, NCUA permitted one multiple-
bond credit union to add an additional 300,000 residents within Los 
Angeles County, California, for a total of almost 1 million added 
residents in the last 2 years. In the same month, NCUA also approved a 
multiple-bond credit union's (headquartered in Dallas, Texas) addition 
of 600,000 residents in underserved communities in Louisiana.

NCUA Adopted Risk-focused Examination and Supervision Program, but 
Faces Challenges in Implementation:

Industry consolidation and changes in products and services offered by 
credit unions prompted NCUA to move from an examination and supervision 
approach that was primarily focused on reviewing transactions to an 
approach that focuses NCUA resources on high-risk areas within a credit 
union. Prior to implementing its risk-focused program in August 2002, 
NCUA sought guidance from other depository institution regulators that 
had several years of experience with risk-focused programs. While this 
consultative approach helped NCUA, it still faces a number of 
challenges that create additional opportunities for NCUA to leverage 
off the experience of the other depository institution regulators. 
These challenges include ensuring that examiners have sufficient 
expertise in areas such as information systems, monitoring the risks 
posed by expansion into nontraditional credit union activities such as 
business lending, and monitoring the risks posed to the federal deposit 
(share) insurance fund by institutions for which states are the primary 
regulator. Moreover, unlike other depository institution regulators, 
NCUA currently lacks authority to inspect third-party vendors, which 
credit unions increasingly rely on to provide services such as 
electronic banking. Further, credit unions are not subject to the 
internal control reporting requirements that banks and thrifts are 
subject to under FDICIA.[Footnote 61] NCUA adopted prompt corrective 
action, a system of supervisory actions tied to the capital levels of 
an institution, in August 2000, as required by CUMAA; few actions have 
been taken to date due to a generally favorable economic climate for 
credit unions.

Changes in the Credit Union Industry Prompted NCUA to Revise Its 
Approach to Examination and Supervision:

The credit union industry has undergone a variety of changes that 
prompted NCUA to revise its approach to examining and supervising 
credit unions. As described earlier, the credit union industry is 
consolidating, and more industry assets are concentrated in larger 
credit unions, those with assets in excess of $100 million. For 
example, in December 1992, credit unions with over $100 million in 
assets held 52 percent of total industry assets, but by December 2002, 
they held 75 percent of total industry assets. Furthermore, credit 
unions are providing more complex electronic services such as Internet 
account access and on-line loan applications to meet the demands of 
their members. Thirty-five percent of the industry offered financial 
services through the Internet as of December 2002; however, the rate 
increased to over 90 percent for larger credit unions. In addition, the 
composition of credit union assets has changed over time, with credit 
unions engaging in more real estate loans (see fig. 11). For example, 
the number of first mortgage loans about doubled from 589,000 loans as 
of December 1992 to 1.2 million loans as of December 2002. During this 
same period, the amount of first mortgage loans more than tripled from 
$29 billion to $101 billion. From 1992 to 2002, the percentage of real 
estate loans to total assets grew from 19 percent to 26 percent, a 
greater rate of growth than that of consumer loans over the same time 
period. The longer-term real estate loans introduced a greater level of 
interest rate risk than that introduced through the shorter-term 
consumer loans credit unions traditionally made.[Footnote 62]

Figure 11: Credit Union Mortgage Loans Have Grown Significantly Since 
1992:

[See PDF for image]

Note: Only first mortgage loans represented.

[End of figure]

As a result of these changes, NCUA found that its old approach of 
reviewing the entire operation of credit unions and conducting 
extensive transaction testing no longer sufficed, particularly for 
larger credit unions, because of the number of transactions in which 
they engaged and the variety of products and services they tended to 
provide. In contrast, under the risk-focused approach, NCUA examiners 
are expected to identify those activities that pose the highest risk to 
a credit union and to concentrate their efforts on those activities. 
For example, as credit unions engage in more complex electronic 
services, examiners are to focus their efforts on reviewing information 
systems and technology to ensure that credit unions have sufficient 
controls in place to manage operations risk.[Footnote 63] In addition, 
as credit unions engage in more real estate lending, examiners are to 
focus on ensuring that these credit unions have sophisticated asset-
liability management models in place to properly manage interest rate 
risk.[Footnote 64] When transaction testing is used under the risk-
focused approach, it is used to validate the effectiveness of internal 
control and other risk-management systems. Further, the risk-focused 
approach places more emphasis on preplanning and off-site monitoring of 
credit union activities, which helps ensure that once examiners arrive 
on site, they already will have identified those areas of the greatest 
risk in a credit union and where to focus their resources.

To compliment the risk-focused approach and allow NCUA to better 
allocate its resources, the agency adopted a risk-based examination 
program in July 2001. This program eliminates the requirement to 
perform annual examinations on low-risk credit unions, replacing annual 
exams with two examinations in a 3-year period.[Footnote 65]

NCUA Took Various Steps to Ensure Successful Implementation of the 
Risk-focused Program:

NCUA consulted with its Office of Corporate Credit Unions to inquire 
about their experiences with their risk-focused program that was 
implemented in 1998. As a result of this consultation, NCUA 
incorporated a greater level of examiner judgment in its risk-focused 
approach, specifically allowing examiners to determine the appropriate 
level of on-site versus off-site supervision. For example, if an 
examiner discovered a problem during off-site monitoring of a credit 
union, the examiner might adjust the schedule of the on-site 
examination to directly address the problem. In addition, in 
recognition that examiners would be required to assess the future risks 
that credit unions might be undertaking, NCUA, after consulting with 
its Office of Corporate Credit Unions, required that examiners review 
information beyond the financial statements. For example, under the 
risk-focused program, examiners might analyze due diligence reviews by 
management for new and existing products and services, internal 
controls, and measurements of actual performance against forecasted 
results, to determine what future risks a particular credit union might 
be undertaking.

NCUA's consultations with FDIC and its review of two FDIC Inspector 
General reports prompted NCUA to develop programs to address challenges 
that FDIC experienced in implementing its risk-focused program. For 
example, according to NCUA, FDIC did not conduct much training for its 
examiners prior to implementing its risk-focused program. NCUA, on the 
other hand, held training for all examiners, including state examiners, 
and once the risk-focused program was implemented, NCUA also provided 
additional training to help examiners assess risks more effectively. 
NCUA's review of the FDIC Inspector General reports found that some 
FDIC examiners resisted the move to the risk-focused program. NCUA's 
response was to develop a quality control program to ensure that 
examiners and supervisors were adopting the risk-focused approach and 
that documentation was completed consistently across NCUA's regions. 
Under the quality control program, NCUA officials reviewed a sample of 
examinations from each region for scope, conciseness of reports, 
appropriateness of completed work papers and application of risk-
focused concepts. NCUA's development of the quality control program was 
timely and appropriate, because we found some NCUA examiners and state 
supervisors were reluctant to move to the risk-focused program. The 
examiners and supervisors were concerned that they would be blamed if a 
credit union later had a problem in an area they had not initially 
identified as high-risk.

NCUA's consultations with the Office of the Comptroller of the Currency 
(OCC) enabled NCUA to consider a different approach to improve its 
oversight of large credit unions under the risk-focused program. OCC 
had implemented a large bank program in recognition of the need for an 
alternative approach to oversight of large and sophisticated banks. 
NCUA likewise found the need for an alternative approach to oversight 
of large credit unions because its examiners traditionally examined a 
large number of small credit unions and very few larger ones and, thus, 
had been unable to gain sufficient comfort and expertise in examining 
the larger, more complex institutions. As a result of consultations 
with OCC, NCUA implemented its Large Credit Union Pilot Program in 
January 2003 to, among other things, develop a core of examiners with 
experience overseeing these larger credit unions. Under this program, 
NCUA has also experimented with different examination approaches, 
including targeted examinations, which focus on certain aspects of 
credit union operations such as the loans, investments, or asset-
liability management. NCUA officials told us that they received some 
preliminary feedback from credit unions that found the pilot to be 
beneficial. However, because the pilot ended recently, NCUA officials 
stressed that it was too early to tell how effective this program will 
be in helping NCUA improve its examinations of large credit unions.

In recognition that the risk-focused program was a significant 
departure from NCUA's old approach to examination and supervision, NCUA 
also sought feedback from the industry on the risk-focused program by 
developing a survey for credit unions to complete once they had gone 
through their first risk-focused examination. NCUA reported that it had 
received preliminary results from the survey that indicated that the 
risk-focused program has been well received. Specifically, NCUA 
received the highest marks for examiners' courteous and professional 
conduct, effective overall examination process, and effective 
communication with management and officials throughout the examination. 
Officials from some of the large credit unions we interviewed were 
pleased with the program because they felt that the examination was 
focused on the high-risk areas that credit union officials needed to 
monitor. Likewise, examiners with whom we spoke told us that adopting a 
risk-focused approach had made a bigger difference in their oversight 
activities at the larger credit unions because they could focus their 
resources on the high-risk areas of these institutions. In contrast, 
the examiners relied on the old approach of extensive transaction 
testing at the smaller credit unions that lacked sufficient resources 
to implement robust internal control structures and tended to limit 
their activities to the basic or traditional services offered by credit 
unions.

NCUA Has Further Opportunities to Leverage the Experiences of Other 
Regulators to Address Existing Challenges:

NCUA faces a number of challenges in implementing its risk-focused 
approach that create additional opportunities for it to leverage the 
experiences of the other regulators that have been using risk-focused 
programs for several years. These challenges include ensuring that 
examiners have sufficient training to keep pace with changes in 
industry technologies and methods, adequately preparing for monitoring 
credit unions as they expand more heavily into nontraditional credit 
union activities such as business lending, and overseeing state-
chartered institutions in states that lack sufficient examiner 
resources and expertise.

NCUA Faces Challenges in Ensuring That Examiners Are Adequately Trained 
to Assess Changing Technology:

According to NCUA examiners who had recently implemented the risk-
focused program, NCUA faces challenges in training its examiners in 
specialized areas such as information systems and technology. Likewise, 
as we found in prior reviews, other depository institution regulators 
also faced these challenges in implementing risk-focused 
programs.[Footnote 66] Some NCUA examiners with whom we spoke indicated 
that NCUA's formal and on-the-job training of subject matter examiners, 
particularly in the areas of information systems and technology, 
payment systems, and specialized lending, was insufficient and did not 
help them keep pace with the changing technology in the 
industry.[Footnote 67] As a result, some examiners were not confident 
that they could assess the adequacy of information systems that were 
vital to the operations of some credit unions.

NCUA officials sought to address concerns about specialist training by 
modifying their training manual to more clearly state what classes were 
appropriate for the different specialized areas. Further, as a member 
of the Federal Financial Institutions Examination Council (FFIEC), NCUA 
was aware of specialized training offered by other depository 
institution regulators under the auspices of FFIEC, and encouraged NCUA 
examiners to take advantage of this training.[Footnote 68] However, 
NCUA had not specifically consulted with other depository institution 
regulators on how these regulators addressed the challenge of training 
their specialists as banks and thrifts had become more complex over 
time.

NCUA Faces Challenge of Ensuring That It Is Adequately Prepared to 
Monitor Credit Unions as They Expand into Nontraditional Activities:

NCUA's revised regulation on member business loans also presents NCUA 
with the challenge of ensuring that it is adequately prepared to 
monitor this growing area of lending. A recent NCUA final rule on 
member business loans relaxed certain requirements (allowing well-
capitalized, federally insured credit unions to offer unsecured 
business loans) and introduced a new risk area for NCUA to 
monitor.[Footnote 69] (Appendix VII provides a detailed description of 
changes to this and other NCUA rules and regulations since 1992.):

While member business loans are still a relatively small percentage of 
credit union loans (2 percent) and there are statutory limits placed on 
these loans, NCUA's recently revised rules could result in credit 
unions making more of these loans.[Footnote 70] The Department of the 
Treasury has raised concerns that allowing credit unions to engage in 
unsecured member business loans 
would increase risks to safety and soundness.[Footnote 71] Since member 
business loans constitute only a small percentage of credit union 
lending, most NCUA examiners will not have significant experience 
looking at this type of lending activity. In contrast, banks and 
thrifts offer these loans to a much greater extent than credit unions 
and their regulators do have experience in this area.

Variability in State Oversight May Constrain NCUA's Ability to Monitor 
Risks to NCUSIF Posed by Federally Insured, State-chartered Credit 
Unions:

Due to variability in levels of state oversight and resources, NCUA may 
face challenges in implementing the risk-focused program at the state 
level. Lack of examiner resources and expertise in some states, high 
state examiner turnover, and weakness of enforcement by some state 
regulators may affect oversight of federally insured, state-chartered 
credit unions, according to NCUA officials.

While state officials with whom we met had adopted NCUA's risk-focused 
program and indicated they were generally pleased with NCUA's support, 
some of these officials indicated that they faced challenges related to 
oversight of their credit unions. For example, they indicated that 
budget problems had made it difficult to hire additional staff. In 
addition, some state officials indicated that they could not compete on 
pay with the industry, which led to high examiner turnover. A state 
official from a large state indicated that the increase in credit 
unions converting from federal to state charters had stretched her 
examiner resources.

The challenges faced by states are of particular concern given that 
state supervisors have primary responsibility for examining federally 
insured, state-chartered credit unions, which as of December 31, 2002, 
held 46 percent of industry assets. Inadequate oversight of these 
state-chartered institutions could have a negative impact on the 
financial condition of NCUSIF. The FDIC and Federal Reserve share 
oversight responsibility with state supervisors for state-chartered 
banks, and these regulators also face challenges similar to those faced 
by NCUA with regard to variability in state oversight.

In commenting on how it addressed some of the issues facing states, 
NCUA officials told us that in cases where states lacked examiner 
resources or expertise, NCUA provided its own staff to ensure that 
federally insured, state-chartered credit unions were adequately 
examined. In addition, NCUA conducted joint examinations with state 
supervisors on selected federally insured, state-chartered credit 
unions to assess the risk they posed to NCUSIF. Some state officials 
with whom we met raised concerns over joint examinations, claiming that 
NCUA examiners tried to impose federal regulations on these state-
chartered credit unions. These state officials also expressed concern 
over NCUA's process for developing its overhead transfer rate, which 
they claimed was not transparent.[Footnote 72] We discuss the overhead 
transfer rate more fully later in this report.

NCUA Lacks Authority to Examine Third-party Vendors:

As we reported in July 1999, NCUA does not have the third-party 
oversight authority provided to other federal banking regulators, and 
the lack of such authority could limit NCUA's effectiveness in ensuring 
the safety and soundness of credit unions.[Footnote 73] Credit unions 
are increasingly relying on third-party vendors to support technology-
related functions such as Internet banking, transaction processing, and 
funds transfers. While these third-party arrangements can help credit 
unions manage costs, provide expertise, and improve services to 
members, they also present risks such as threats to security of 
systems, availability and integrity of systems, and confidentiality of 
information. With greater reliance on third-party vendors, credit 
unions subject themselves to operational and reputation risks if they 
do not manage these vendors appropriately. Although NCUA received 
authority to examine third-party vendors as part of the year 2000 
readiness effort, this authority was temporary and expired on December 
31, 2001.

While NCUA has issued guidance regarding due diligence that credit 
unions should be applying to third-party vendors, NCUA must ask for 
permission to examine third-party vendors. Without vendor examination 
authority, NCUA has no enforcement powers to ensure full and accurate 
disclosure. For instance, in one case NCUA was denied access by a 
third-party vendor that provides record-keeping services for 99 
federally insured credit unions with $1.4 billion in assets. NCUA 
notified the credit unions to heighten their due diligence to ensure 
that appropriate controls were in place at the third-party vendor. In 
another case, NCUA was given access to a third-party vendor, but the 
vendor withheld financial statements from NCUA examiners. The third-
party vendor served 113 credit unions representing almost $750 million 
in assets.

Credit Unions Not Subject to Internal Control Reporting Requirements of 
FDICIA:

Credit unions with assets over $500 million are required to obtain an 
annual independent audit of financial statements by an independent 
certified public accountant, but unlike banks and thrifts, these credit 
unions are not required to report on the effectiveness of their 
internal controls for financial reporting. Under FDICIA and its 
implementing regulations, banks and thrifts with assets over $500 
million are required to prepare an annual management report that 
contains:

* a statement of management's responsibility for preparing the 
institution's annual financial statements, for establishing and 
maintaining an adequate internal control structure and procedures for 
financial reporting, and for complying with designated laws and 
regulations relating to safety and soundness; and:

* management's assessment of the effectiveness of the institution's 
internal control structure and procedures for financial reporting as of 
the end of the fiscal year and the institution's compliance with the 
designated safety and soundness laws and regulations during the fiscal 
year.[Footnote 74]

Additionally, the institution's independent accountants are required to 
attest to management's assertions concerning the effectiveness of the 
institution's internal control structure and procedures for financial 
reporting. The institution's management report and the accountant's 
attestation report must be filed with the institution's primary federal 
regulator and any appropriate state depository institution supervisor 
and must be available for public inspection. These reports allow 
depository institution regulators to gain increased assurance about the 
reliability of financial reporting.

Banks reporting requirements under FDICIA are similar to the reporting 
requirement included in the Sarbanes-Oxley Act of 2002. Under Sarbanes-
Oxley, public companies are required to establish and maintain adequate 
internal control structures and procedures for financial reporting and 
the company's auditor is required to attest to, and report on, the 
assessment made by company management on the effectiveness of internal 
controls. As a result of FDICIA and Sarbanes-Oxley, reports on 
management's assessment of the effectiveness of internal controls over 
financial reporting and the independent auditor's attestation on 
management's assessment have become normal business practice for 
financial institutions and many companies. Extension of the internal 
control reporting requirement to credit unions with assets over $500 
million could provide NCUA with an additional tool to assess the 
reliability of internal controls over financial reporting.

NCUA Implemented PCA as Mandated by CUMAA, but Few Actions Taken to 
Date:

In August 2000, NCUA initially implemented PCA for credit unions. CUMAA 
mandated that NCUA implement a PCA program in order to minimize losses 
to NCUSIF. Under the program, credit unions and NCUA are to take 
certain actions based on a credit union's net worth.[Footnote 75] Other 
depository institution regulators were required to implement PCA in 
December 1992. PCA was intended to be an additional tool in NCUA's 
arsenal and did not preclude NCUA from taking administrative actions, 
such as cease and desist orders, civil money penalties, 
conservatorship, or liquidation of credit unions.

CUMAA requires credit unions to take up to four mandatory supervisory 
actions--an earnings transfer, submission of an acceptable net worth 
restoration plan, a restriction on asset growth, and a restriction on 
member business lending--depending on their net worth ratios.[Footnote 
76] Credit unions that are adequately capitalized (net worth ratio from 
6.0 to 6.99 percent) are 
required to take an earnings transfer.[Footnote 77] Credit unions that 
are undercapitalized (net worth ratio from 4.0 to 5.99 percent), 
significantly undercapitalized (net worth ratio from 2.0 to 3.99 
percent), or critically undercapitalized (net worth ratio of less than 
2 percent) are required to take all four mandatory supervisory 
actions.[Footnote 78]

CUMAA also required NCUA to develop discretionary supervisory actions, 
such as dismissing officers or directors of an undercapitalized credit 
union, to complement the prescribed actions under the PCA program. 
CUMAA also authorized NCUA to implement an alternative system for new 
credit unions in recognition that these credit unions typically start 
off with zero net worth and gradually build their net worth through 
retained earnings.[Footnote 79] Appendix IX provides more detail on 
NCUA's implementation of PCA.

To date, NCUA has taken few actions against credit unions under the PCA 
program due to a generally favorable economic climate for credit 
unions. As of December 31, 2002, NCUA took mandatory supervisory 
actions against 2.8 percent (276 of 9,688) of federally insured credit 
unions. Of these credit unions, the vast majority--92 percent or 253--
had under $50 million in assets. Further, 41 percent (113 of 276) of 
these credit unions were required to develop net worth restoration 
plans. However, it is too early to tell how effective these plans will 
be in improving the condition of the credit unions or minimizing losses 
to NCUSIF.

Credit unions were similar to banks and thrifts with respect to PCA 
capital categorization with 97.6 percent of credit unions considered 
well-capitalized compared to 98.5 percent of banks and thrifts (see 
table 2). However, a slightly higher percentage of credit unions were 
undercapitalized, significantly undercapitalized, and critically 
undercapitalized than banks and thrifts.

Table 2: Federally Insured Credit Unions Were Similar to Banks and 
Thrifts with Respect to Capital Categories, as of December 31, 2002:

Capital category[A]: Well-capitalized; Credit unions (number)[B]: 
9,363; Percent: 97.6; Banks/thrifts (number): 9,210; Percent: 98.5.

Capital category[A]: Adequately capitalized; Credit unions 
(number)[B]: 153; Percent: 1.6; Banks/thrifts (number): 134; Percent: 
1.4.

Capital category[A]: Undercapitalized; Credit unions (number)[B]: 61; 
Percent: 0.6; Banks/thrifts (number): 6; Percent: 0.1.

Capital category[A]: Significantly undercapitalized; Credit unions 
(number)[B]: 10; Percent: 0.1; Banks/thrifts (number): 2; Percent: 
0.0.

Capital category[A]: Critically undercapitalized; Credit unions 
(number)[B]: 10; Percent: 0.1; Banks/thrifts (number): 2; Percent: 
0.0.

Capital category[A]: Total; Credit unions (number)[B]: 9,597; Percent: 
100.0; Banks/thrifts (number): 9,354; Percent: 100.0.

Sources: NCUA and FDIC.

Note: Does not include new credit unions.

[A] Although the categories triggering PCA actions are the same for 
both the bank regulators and NCUA, the capital requirements underlying 
these categories are different.

[B] Numbers reported by NCUA as of May 2003.

[End of table]

Some NCUA, state, and industry officials claimed that PCA was 
beneficial because it provided standard criteria for taking supervisory 
actions and was a good way to restrain rapid growth of assets relative 
to capital. However, many state officials expressed concern over PCA 
due to the limited ability of credit unions to increase their net worth 
quickly, because they can only do so through retained earnings. They 
indicated that if a credit union were subject to PCA, it would be 
difficult for that credit union, particularly a smaller one, to 
increase capital and graduate out of PCA. In contrast, other financial 
institutions are able to raise capital more quickly through the sale of 
stock.

Some of these state officials raised the issue of whether credit unions 
should likewise have a means to raise capital quickly by allowing 
credit unions to use secondary capital toward their capital requirement 
under PCA.[Footnote 80] Texas allowed its state-chartered credit unions 
to raise secondary capital even though the secondary capital could not 
count towards PCA.[Footnote 81] According to the Texas credit union 
regulator, no credit unions had taken advantage of the state's 
secondary capital provision. Currently there is a debate in the 
industry on whether secondary capital is appropriate for credit unions. 
While some in the industry favor secondary capital as a way to help 
credit union avoid actions under PCA, others have raised the concern 
that allowing credit unions to raise secondary capital (for example, in 
the form of nonmember deposits) could change the structure and 
character of credit unions by changing the mutual ownership. As of 
September 2003, NCUA had not taken a position on secondary capital.

Another concern raised by NCUA officials is in regard to the most 
appropriate measure of the net worth ratio for PCA purposes. NCUA 
officials have suggested using risk-based assets, rather than total 
assets, to calculate the net worth ratio of credit unions because they 
believe risk-based assets more clearly reflect the risks inherent in 
credit unions' portfolios. NCUA officials recognize that, similar to 
banks, a minimum net worth ratio based on total assets (tangible equity 
for banks and thrifts) would still be needed for those institutions 
that are critically undercapitalized. For most credit unions, risk-
based assets are less than total assets; therefore, a given amount of 
capital would have a higher net worth ratio if risk-based assets were 
used. While there may be some merit in using risk-based assets, credit 
unions have been subject to PCA programs for a short time, and the 
advantages and disadvantages of the current programs are not yet 
evident.

Finally, some NCUA officials raised the concern that PCA has led to 
more liquidations of problem credit unions. In the past, NCUA sought 
merger partners for problem credit unions. However, NCUA officials told 
us that it was more difficult to find merger partners because stronger 
credit unions were concerned that their net worth ratio would be 
lowered by merging with problem credit unions, thereby putting them 
closer to the 7.0 percent net worth ratio that triggers PCA. As a 
result, the cost of mergers has increased under PCA because NCUA would 
have to provide greater incentives to a potential partner, and that has 
forced the agency to liquidate credit unions to a greater extent than 
prior to PCA. While the initial costs of liquidations appear to be 
high, the purpose of PCA is to reduce the likelihood of regulatory 
forbearance and protect the federal deposit (share) 
insurance funds through early resolution of problem institutions; thus, 
in the long run, the overall costs to NCUSIF should be less because of 
PCA.[Footnote 82]

NCUSIF's Financial Condition Appears Satisfactory, but Methodologies 
for Overhead Transfer Rate, Insurance Pricing, and Estimated Loss 
Reserve Need Improvement:

NCUSIF appears to be in satisfactory financial condition. For most of 
the past 10 years, NCUSIF's financial condition has been stable as 
indicated by the fund's equity ratio, earnings, and net income. 
However, while remaining positive as of December 31, 2002, NCUSIF's net 
income declined in 2001 and 2002. Among the factors contributing to the 
decline was a drop in investment revenues, a sharp increase in the 
overhead transfer rate, which is the amount paid to NCUA's Operating 
Fund for administrative expenses, and an increase in losses to the 
insurance fund. Moreover, NCUA's methods for pricing NCUSIF insurance 
and for estimating losses to the fund did not consider important 
factors such as current credit union risk. NCUA's flat-rate insurance 
pricing does not allow for the fact that some credit unions are at 
greater risk of failure than others, and the historical analysis NCUA 
uses for determining estimated losses does not reflect current economic 
conditions or consider the loss exposure of credit unions with varying 
risk. As a result of the current weaknesses in the methodologies used 
by NCUA, information reported on the financial condition of the fund 
may not accurately reflect the current risks to the fund.

NCUSIF Has Met Statutory Fund Equity Ratio Requirements, but Concerns 
Exist over Transfers of Expenses to the Fund:

Indicators of the financial condition and performance of NCUSIF have 
generally been stable over the past decade. NCUSIF's fund equity ratio-
-a measure of the fund's equity available to cover losses on insured 
deposits--was within statutory requirements at December 31, 2002, as it 
has been over the past decade.[Footnote 83]

CUMAA defines the "normal operating level" for the fund's equity ratio 
as a range from 1.20 percent to 1.50 percent. CUMAA has designated the 
NCUA board to evaluate and set the specific operating level for the 
fund equity ratio. In setting the level, the board considers current 
industry and fund conditions, as well as the future economic outlook. 
For 2002, NCUA's board set the specific operating level at 1.30 
percent. If the equity ratio exceeds the board's determined operating 
level, CUMAA requires NCUA to distribute to contributing credit unions 
an amount sufficient to reduce the equity ratio to the operating level. 
Also, should the equity ratio fall below the minimum rate of 1.20 
percent, under CUMAA, NCUA's board must assess a premium until the 
equity ratio is restored to and can be maintained at 1.20 percent. (See 
appendix X for a more detailed discussion of the funding process and 
accounting for NCUSIF.):

Between 1991 and 2002, the equity ratio has fluctuated between 1.23 
percent and 1.30 percent, a rate that has remained in line with legal 
requirements (see fig. 12). As of December 31, 2002, the ratio of fund 
equity to insured shares for NCUSIF as reported by NCUA was 1.27 
percent.

Figure 12: NCUSIF's Equity Ratio, 1991-2002:

[See PDF for image]

[End of figure]

NCUSIF's ratio can be usefully compared with the only other share or 
deposit insurance funds in the United States currently--FDIC's Bank 
Insurance Fund (BIF), which insures banks, and its Savings Association 
Insurance Fund (SAIF), which insures thrifts; and ASI, which insures 
state-chartered credit unions that are not federally insured. The 
NCUSIF ratio was comparable with the other share and deposit insurance 
funds as of December 31, 2002 (see fig. 13).

Figure 13: Equity to Insured Shares or Deposits of the Various 
Insurance Funds:

[See PDF for image]

[End of figure]

NCUSIF's earnings--principally derived from its investment portfolio, 
which has increased significantly since 1991--have been sufficient to:

* cover operating expenses and losses from insured credit union 
failures;

* make additions to its equity with the net income that is retained by 
the fund;

* maintain its equity in accordance with legal requirements;

* maintain its allowance for anticipated losses on insured deposits;

* avoid assessing premiums, except for 1991 and 1992; and:

* make, in some years, distributions to insured credit unions.

NCUSIF's net income has remained positive through 2002 and had 
generally been increasing since 1993, until significant declines 
occurred in 2001 and 2002 (see fig. 14). The declines were due to a 
combination of decreased yields from the investment portfolio, an 
increase in the overhead transfer rate, and larger insurance losses on 
failed credit unions. The investment portfolio of NCUSIF consists 
entirely of U.S. Treasury securities. Yields on these securities have 
declined--for example, from 6.07 percent in 2000 to 5.10 percent in 
2001 and to 3.18 percent in 2002 on its 1-to 5-year maturities--
following similar general declines in market yields for Treasury 
securities. Of the $40.2 million net income decline between 2000 and 
2001, $22.2 million of the decline was attributable to increases in the 
overhead transfer rate, and $15.3 million was attributable to declines 
in investment income. Of the $47.5 million decline in net income 
between 2001 and 2002, $39.6 million was attributable to declines in 
investment income, while $12.5 million was attributable to provision 
for insurance losses. At the same time, operating expenses decreased by 
$5.1 million. For 2003, interest rates have continued to decline, which 
will likely continue to negatively affect investment earnings.

Figure 14: Net Income of NCUSIF, 1990-2002:

[See PDF for image]

[End of figure]

The sharp increase in the overhead transfer rate and its negative 
impact on NCUSIF's net income have raised questions about NCUA's 
process for determining the transfer rate. The Federal Credit Union Act 
of 1934 created the Operating Fund for the purpose of providing 
administration and service to the credit union system--for example, the 
supervision and regulation of the federally chartered credit unions.

NCUA's Operating Fund is financed through assessment of annual fees to 
federally chartered credit unions as well as the overhead transfer from 
NCUSIF (see fig. 15). Federally chartered credit unions are assessed an 
annual fee by the Operating Fund based on the credit union's asset size 
as of the prior December 31. The fee is designed to cover the costs of 
providing administration and service, as well as regulatory 
examinations to the Federal Credit Union System. NCUA's board reviews 
the fee structure annually. The overhead transfer from NCUSIF for 
administrative services provides a substantial portion of funding for 
the Operating Fund. The annual rate for the overhead transfer is set by 
NCUA's board based on periodic surveys of NCUA staff time spent on 
insurance-related activities compared with noninsurance-related, or 
regulatory, activities. An amount of overhead or administrative expense 
is transferred to NCUSIF in proportion to staff time spent on 
insurance-related activities. The overhead transfer is intended to 
account for NCUA staff being responsible for both insurance and 
supervisory-related activities.

Figure 15: Financing Sources of NCUSIF and NCUA's Operating Fund:

[See PDF for image]

[End of figure]

Between 1986 and 2000, the transfer rate was 50 percent, which, 
according to NCUA management, was based on surveys that indicated staff 
time was equally split between insurance and regulatory activities. For 
example, 50 percent of the Operating Fund's $127.6 million, or $63.8 
million, in expenses for 2000 were allocated to and paid by NCUSIF. For 
2001, NCUA's Board of Directors increased the overhead transfer rate to 
67 percent on the basis that Operating Fund staff had increased their 
insurance-related activities. This resulted in a $24.7 million increase 
(almost 40 percent) from 2000 in the amount being allocated to NCUSIF. 
For 2002 and 2003, the NCUA board lowered the 67-percent overhead 
transfer rate to 62 percent by adjusting downward its allocation of 
what it considered "nonproductive" time factors such as employee 
administrative and education time used in the 2001 survey because it 
was reflective of regulatory rather than insurance-related activities.

In September 2001, NCUA management engaged its financial audit firm, 
Deloitte & Touche, to review the basis on which the transfer rate was 
determined. The auditor's report contained several recommendations that 
indicated that NCUA's 2001 survey of staff time spent on insurance-
related functions--the primary basis on which NCUA allocates 
administrative expenses--may not have resulted in an accurate 
allocation. The lack of a clear separation of the insurance and 
supervisory functions had also been the focus of a recommendation in 
our 1991 report (still unimplemented) that NCUA should establish 
separate supervision and insurance offices.[Footnote 84] The 2001 
recommendations from NCUA's financial audit firm included improvements 
in communication with staff on the survey process and results, 
frequency and timing of the survey, methods of survey distribution, and 
updated documentation of survey definitions and purpose. The auditors 
also noted that individuals were allocating time after the fact, when 
recollection may have been faulty, rather than tracking their time 
concurrently as would be possible if provided the survey and guidelines 
prior to an assignment. Additionally, the auditors reported that, to 
provide reliable results, the survey should cover a greater period of 
time. The limited period used could significantly skew the resulting 
proportion of activities devoted to insurance versus regulatory 
activities. The auditor's recommendations indicated that the survey's 
lack of consistency and reliability may have resulted in a 
misallocation of overhead expenses between the operating and insurance 
funds. Any misallocation would affect NCUSIF's financial condition 
because any increase in the overhead transfer rate results in a 
decrease of NCUSIF's net income. Misallocations also can significantly 
affect the financial results of the Operating Fund. In addition to the 
auditor's findings, some federally insured, state-chartered credit 
unions and trade groups have expressed concerns about NCUA's 
calculation of its overhead transfer rate. Primarily, they say that 
NCUA has not clearly defined insurance and regulatory functions, and 
its methodology for determining the overhead transfer rate is not 
transparent or understandable to participating credit unions.

According to NCUA's management, NCUA has begun implementing Deloitte & 
Touche's recommendations. For example, selected field examiners are now 
completing surveys in a timely manner for periods covering a full year. 
However, headquarters staff are not required to complete the surveys as 
management asserts the split of their time mirrors that of field 
examiners. In addition, the transfer rate is calculated and approved by 
management every few years. However conditions can change that may 
result in the transfer rate not representing the current condition. 
Changing workloads and conditions can also cause a significant change 
in future rates.

Federal Credit Union Insurance Pricing Is Not Based on Risk to Insurer:

The Federal Credit Union Act requires all federally insured credit 
unions to allocate 1 percent of their insured shares to NCUSIF. This 
flat rate does not take into consideration variations in risk posed by 
individual credit unions. Although FDIC had implemented a version of 
risk-based pricing in 1993, FDIC has continued to study options for 
improving deposit insurance funding. FDIC's suggestions for improvement 
were issued in a 2001 report that noted the cost of insurance, 
regardless of type (property, casualty, or life), in the private sector 
is priced based upon the risk assumed by the insurer.[Footnote 85] 
Premiums and loss experience are generally actuarially determined, such 
that increased risk equates to increased cost. Since passage of FDICIA 
in 1991, deposit insurance for banks and thrifts are adjusted for some 
risk, and since December 31, 2000, private-sector insurance for credit 
union shares has been adjusted for risk. (See appendix X for additional 
information on accounting for insurance.) While BIF and SAIF are 
adjusted for some risk, FDIC has made additional proposals for 
enhancing the risk-based nature of its insurance pricing. For instance, 
the current BIF and SAIF funding does not require a fast-growing 
institution to pay premiums if it is well capitalized and CAMEL-rated 1 
or 2. As a result, FDIC has proposed that the pricing structure for BIF 
and SAIF be amended so that fast-growing institutions would be required 
to pay premiums.

NCUSIF is the only share or deposit insurer that has not adopted a 
risk-based insurance structure. Therefore, some credit unions could be 
overpaying while others could be underpaying if their current rates 
were compared to their risk profiles--with the cost of insurance not 
being equitable based on the level of risk posed to NCUSIF by 
individual credit unions. In contrast, FDIC's BIF and SAIF and ASI 
currently operate on a risk-based capitalization structure. Depository 
institutions insured by BIF and SAIF pay a premium twice a year based 
upon their capital levels and supervisory ratings, with institutions 
with the lowest capital levels and worst supervisory ratings paying 
higher premiums. ASI's insurance fund requires its insured credit 
unions to maintain deposits between 1.0 and 1.3 percent of their 
insured shares. The amount for each credit union is determined based 
upon its supervisory rating, with lower-rated credit unions maintaining 
higher deposits.

The risk-based structure has certain advantages. First, by varying 
pricing according to risk, more of the burden is distributed to those 
members that put an insurance fund at greater risk of loss. Second, 
risk-based pricing provides an incentive for member owners and managers 
of credit unions to control their risk. Finally, risk-based pricing 
helps regulators focus on higher-risk credit unions by enabling them to 
allocate their insurance activities in proportion to the price charged. 
During our review, members of NCUA's management told us that they 
believe that risk-based pricing would adversely affect small credit 
unions and suggested that an option would be to add risk-based pricing 
only for credit unions over a certain size. By not having risk-based 
insurance structure, NCUSIF puts a disproportionate share of the 
pricing burden on less-risky credit unions and does not provide an 
incentive through pricing for owners and managers to control their 
risk.

Management's Estimation of Insured Share Losses Does Not Reflect 
Specific Loss Rates:

NCUA's process for determining estimated losses from insured credit 
unions--the largest potential liability of the fund--does not reflect 
current economic conditions and loss exposures of credit unions with 
varying risk. The estimated liability balance is established to cover 
probable and estimable losses as a result of federally insured credit 
union failures. The estimated liability balance is reduced when the 
insurance claims are actually paid. NCUSIF's estimated liability for 
losses was $48 million at December 31, 2002.

In 2002, NCUA's management analyzed historical loss trends over varying 
periods of time in order to assess whether the estimated liability for 
losses was adequate. It analyzed historical rates of insurance payouts 
for the past 3-year, 5-year, 10-year, and 15-year averages. The 15-year 
analysis encompassed an economic period of dramatic losses, which 
management contends may be cyclical and indicative of future exposure, 
although not necessarily indicative of current economic conditions. As 
a result of this analysis, in July 2002, management began building the 
estimated losses account balance by $1.5 million a month to $60 million 
(from $48 million at December 31, 2002), the amount the analysis 
determined would be needed to cover identified and anticipated losses.

NCUA's estimation method does not identify specific historical failure 
rates and related loss rates for the group of credit unions that had 
been identified as troubled, but instead specifically calculates 
expected losses for each problem credit union, if it is determined that 
a particular credit union is likely to fail. This methodology 
essentially assigns a probability of failure of either zero or 100 
percent to each individual credit union considered to be troubled. By 
not considering specific historical failure rates and loss rates in its 
methodology, NCUA is using an over-simplified estimation method. As a 
result, NCUA may not be achieving the best estimate of probable losses. 
Therefore, NCUA may be over or underestimating its probable losses 
because it does not apply more targeted and specific loss rates to 
currently identified problem institutions, but instead, makes a 
determination that essentially selects from two probabilities: zero or 
100-percent probability of failure.

From 2000 to 2002, the amount of insured shares in problem credit 
unions doubled, going from $1.5 billion insured shares in 2000 to 
nearly $3 billion insured shares in 2002. The increase in insured 
shares of problem credit unions may be an indicator of larger future 
losses to the fund, since problem credit unions are more likely to 
fail. In addition, recent increases the share payouts show that the 
insurance fund is suffering from increasing losses that totaled $40 
million in 2002. At the same time, the estimated loss reserve, which is 
intended to cover actual losses, has been declining since 1994. As a 
result the cushion between payouts for insurance losses and the reserve 
balance became increasingly smaller between 2001 and 2002 (see fig. 
16). Given the recent trends, it is especially important to utilize 
specific data on failure rates for troubled institutions.

Figure 16: Share Payouts and Reserve Balance,1990-2002:

[See PDF for image]

[End of figure]

In contrast to NCUA's method, FDIC's method records estimated bank and 
thrift insurance losses based on a detailed analysis of institutions in 
five risk-based groups. The first group consists of institutions 
classified as having a 100-percent expected failure rate. This 
determination is based on the scheduled closing date for the 
institution, the classification of the institution as "critically 
undercapitalized," or identification of the institution as an imminent 
failure. The remaining four risk groups are based on federal and state 
supervisory ratings and the institutions' projected capitalization 
levels. Every quarter, FDIC meets with representatives from other 
federal financial regulatory agencies to discuss these groupings and 
ensure that each institution is appropriately grouped based on the most 
recent supervisory information. Also on a quarterly basis, FDIC's 
Financial Risk Committee (FRC), an interdivisional committee, meets to 
discuss and determine the appropriate projected failure rates to be 
applied to each of 
the four remaining risk-based groups.[Footnote 86] The projected 
failure rate for each risk-based group is multiplied by the assets of 
each institution in that group, which results in expected failed 
assets. Expected failed assets are then multiplied by an expected loss 
experience rate, the product of which results in the loss estimate for 
anticipated failures. The projected failure rates for the remaining 
four risk-based groups are based on historical failure rates for those 
categories. However, FRC has the responsibility for determining if the 
historical failure rates for each group are appropriate given the 
current and expected condition of the industry and may adjust failure 
rates, if necessary. The expected loss experience rates have been based 
on asset size and reflect FDIC's historical loss experience for banks 
of different sizes. FRC may also use loss rates based on institution-
specific supervisory information rather than the historical rates. This 
process, as implemented by FDIC, results in a more targeted estimation 
process that specifically captures current changes in the risk profile 
of insured institutions.

System Risk That May Be Associated with Private Share Insurance Appears 
to Have Decreased, but Some Concerns Remain:

The amount of insured shares and the number of privately insured credit 
unions and providers of private primary share insurance have declined 
significantly since 1990. Specifically, 1,462 credit unions purchased 
private share insurance in 1990 compared with 212 credit unions as of 
December 2002. During the same period, the total amount of privately 
insured shares decreased by 42 percent ($18.6 billion to about $10.8 
billion). Although the use of private share insurance has declined, 
some circumstances of the remaining private insurer, ASI, raise 
concerns. First, ASI's risks are concentrated in a few large credit 
unions and in certain states. Second, ASI has a limited ability to 
absorb catastrophic losses because it does not have the backing of any 
governmental entity and its lines of credit are limited in the 
aggregate as to the amount and available collateral. To mitigate its 
risks, ASI has implemented a number of risk-management strategies, such 
as increased monitoring of its largest credit unions. State oversight 
mechanisms of the remaining private share insurer and privately insured 
credit unions also provide some additional assurance that ASI and the 
credit unions it insures operate in a safe and sound manner. One 
additional concern, as we recently reported, is that many privately 
insured credit unions failed to make required disclosures about not 
being federally insured and, therefore, the members of these credit 
unions may not have been adequately informed that their deposits lacked 
federal deposit insurance.

Few Credit Unions Are Privately Insured:

Compared with federally insured credit unions, relatively few credit 
unions are privately insured. As of December 2002, 212 credit unions--
about 2 percent of all credit unions--chose to purchase private primary 
share insurance.[Footnote 87] These privately insured credit unions 
were located in eight states and had about 1.1 million members with 
shares totaling about $10.8 billion, as of December 2002--a little over 
1 percent of all credit union members and 2 percent of all credit union 
shares. In contrast, as of December 2002, there were 9,688 federally 
insured credit unions with about 81 million members and shares totaling 
$483 billion.

Through a survey of 50 state regulators and related follow-on 
discussions with the regulators, we identified nine additional states 
that could permit credit unions to purchase private share 
insurance.[Footnote 88] Figure 17 illustrates the states that permit or 
could permit private share insurance as of March 2003 and the number of 
privately insured credit unions as of December 2002.

Figure 17: States Permitting Private Share Insurance (March 2003) and 
Number of Privately Insured Credit Unions (December 2002):

[See PDF for image]

[End of figure]

The number of privately insured credit unions and private share 
insurers has declined significantly since 1990. In 1990, 1,462 credit 
unions in 23 states purchased private share insurance from 10 different 
nonfederal, private insurers, with shares at these credit unions 
totaling $18.6 billion. Between 1990 and 2002, the amount of privately 
insured shares decreased 42 percent to about $10.8 billion. Shortly 
after the failure of Rhode Island Share and Depositors Indemnity 
Corporation (RISDIC), a private share insurer in Rhode Island in 1991, 
almost half of all privately insured credit unions converted to federal 
share insurance voluntarily or by state 
mandate.[Footnote 89]As a result of the conversions from private to 
federal share insurance, most private share insurers have gone out of 
business due to the loss of their membership since 1990; only one 
company, ASI, currently offers private primary share 
insurance.[Footnote 90]

In states that currently permit private share insurance, a comparable 
number of credit unions have converted from federal to private share 
insurance and from private to federal share insurance since 1990--31 
and 26, respectively. Most of the conversions from federal to private 
share insurance (26 of 31) occurred since 1997. According to management 
at many privately insured credit unions, they converted to private 
share insurance to obtain higher coverage and avoid federal rules and 
regulation. Additionally, management at these credit unions noted that 
they were satisfied with the service they received from the private 
share insurer and all but one planned to remain privately insured. 
According to NCUA--in states that currently permit private share 
insurance--since 1990, 26 credit unions converted from private to 
federal share insurance; the majoritydid so in the early 1990s, 
following the RISDIC failure and widespread concern over the safety and 
soundness of private share insurance.[Footnote 91] ost of the 26 credit 
unions planned to continue to purchase federal share insurance either 
because they were reasonably satisfied or because they viewed having 
their share insurance backed by the federal government as a benefit.

Risks Exist at Remaining Private Share Insurer, but Certain Factors 
Help to Mitigate Concerns:

Although the use of private share insurance has declined, we found two 
aspects of the remaining private insurer that raise potential safety 
and soundness concerns. First, ASI faces a concentration of risk in a 
few large credit unions and certain states. Second, ASI has limited 
borrowing capacity and could find it difficult to cover catastrophic 
losses under extreme economic conditions because it does not have the 
backing of any governmental agency, its lines of credit are limited in 
the aggregate as to the amount and available collateral, and it has no 
reinsurance for its primary share insurance. To help mitigate these 
risks, ASI has taken steps to increase its monitoring of its largest 
credit unions and is using other strategies to limit its risks. In 
addition, as a regulated entity, state regulation of ASI and the credit 
unions it insures provides some additional assurance that ASI and the 
credit unions operate in a safe and sound manner.

Risks of Remaining Private Insurer Concentrated in a Few Credit Unions 
and States:

ASI is chartered in Ohio statute as a credit union share guaranty 
corporation.[Footnote 92] As specified in Ohio statute, the purpose of 
such a corporation includes guaranteeing payment of all or a part of a 
participating credit union share account.[Footnote 93] Although ASI is 
commonly referred to as a provider of insurance, it is not subject to 
all of Ohio's insurance laws.[Footnote 94] For example, ASI is not 
subject to Ohio's insurance law that limits the risk exposure of an 
insurance company. Specifically, while Ohio insurance companies are 
subject to a "maximum single risk" requirement--"no insured 
institution's coverage should comprise more than 20 percent of the 
admitted assets, or three times the average risk or 1 percent of 
insured shares, whichever is greater"--Ohio has not imposed this 
requirement on ASI.[Footnote 95] Although ASI is not subject to this 
requirement, we found that ASI exceeded this concentration limit. For 
example, one credit union made up about 25 percent of ASI's total 
insured shares, as of December 2002. In contrast, the largest federally 
insured credit union accounted for only 3 percent of NCUSIF's total 
insured shares. Other concentration risks exist; for example, we found 
that 45 percent of ASI's total insured shares were located in one state 
(California). Further, all of ASI's insured credit unions were located 
in only eight states, with almost half being located in one state 
(Ohio), which represents 14 percent of all ASI-insured shares. In 
contrast, 14.3 percent of federally insured credit union shares were 
located in one state (California). The credit unions that NCUSIF 
insures are located in 50 states and the District of Columbia, with the 
largest percentage (8 percent) of credit unions located in one state 
(Pennsylvania), which represents about 4 percent of NCUSIF's insured 
shares.

While we remain concerned about ASI's concentration of risks, ASI 
employs a number of risk-management strategies--intended to mitigate 
its risk exposure in individual institutions--including being selective 
about which credit unions it insures, conducting regular on-and off-
site monitoring of all its insured institutions, implementing a 
partially adjusted, risk-based insurance pricing policy, and 
establishing a 30-day termination policy. More specifically, ASI 
employs the following risk-management strategies:

* To qualify for primary share insurance with ASI, a credit union must 
meet ASI's insurance eligibility criteria, which include an analysis of 
the financial performance of the credit union over a 3-year period and 
an evaluation of the institution's operating policies. For example, to 
qualify for ASI coverage, a credit union's fixed assets must be limited 
to 5 percent of the institution's total assets or the amount permitted 
by its supervisory authority, whichever is greater, and credit unions 
must maintain a minimum net capital-to-asset ratio of 4 percent of 
total assets.[Footnote 96] In contrast, federal PCA requirements compel 
federally insured credit unions to maintain a minimum capital to assets 
ratio of 7 percent of total assets.[Footnote 97] The credit union also 
must submit its investment, asset-liability management, and loan 
policies for ASI's review. In addition, ASI obtains and reviews the 
most recent reports from the credit union's regulator and certified 
public accountant (CPA) or supervisory committee. Between 1994 and July 
2003, ASI denied share insurance coverage to eight credit unions while 
approving coverage for 31 credit unions.[Footnote 98]

* ASI also regularly monitors all credit unions it insures. ASI 
routinely conducts off-site monitoring and conducts on-site 
examinations of privately insured credit unions at least once every 3 
years. It also reviews state examination reports for the credit unions 
it insures and imposes strict audit requirements. For example, ASI 
requires an annual CPA audit for credit unions with $20 million or more 
in assets, while NCUA only requires the annual CPA audit for credit 
unions with more than $500 million in assets. Further, after insuring a 
large credit union, ASI implemented a special monitoring plan for its 
largest credit unions in light of its increased risk exposure. For 
larger credit unions (those with more than 10 percent of ASI's total 
insured shares or the top 5 credit unions in asset size), ASI increased 
its monitoring by conducting semiannual, on-site examinations, as well 
as monthly and quarterly off-site monitoring, which included a review 
of the credit unions' most recent audits (monthly) and financial 
information (quarterly). ASI also annually reviews the audited 
financial statements of these large credit unions.In January 2003, five 
credit unions with about 40 percent of ASI's total insured assets 
qualified for this special monitoring.[Footnote 99] ASI also began a 
monitoring strategy intended to increase its oversight of smaller 
credit unions, due in part to experiencing larger-than-expected losses 
at a small credit union in 2002.[Footnote 100] ASI determined that 98 
smaller credit unions qualified for increased monitoring, with shares 
from the largest of these smaller credit unions totaling about $23 
million.

* ASI also has implemented a partially adjusted, risk-based insurance 
pricing policy, which produces an incentive for the institutions 
insured by ASI to obtain a better CAMEL rating, which in turn lowers 
the risk to ASI's insurance fund. Like NCUSIF, ASI's insurance fund is 
deposit-based; that is, ASI requires credit unions it insures to 
deposit a specified amount with ASI.[Footnote 101] As of December 2002, 
these deposits with ASI totaled $112 million. Unlike NCUSIF, ASI's 
insurance fund is partially adjusted for risk, which acts as a 
positive, risk-management strategy to mitigate against losses. 
Specifically, a credit union with a higher, or worse, CAMEL rating is 
required to deposit more into ASI's insurance fund.[Footnote 102] 
Conversely, NCUA requires federally insured credit unions to deposit 
1.0 percent of insured shares into NCUSIF regardless of their CAMEL 
ratings.[Footnote 103] According to ASI, it also has the contractual 
ability to reassess all member credit unions up to 3 percent of their 
total assets to raise additional funds to cover catastrophic loss.

* ASI's credit union termination policy provides another risk-
mitigating strategy that ASI can use to manage its risk exposure to an 
individual credit union. ASI's insurance contract identifies several 
circumstances that would enable ASI to terminate insurance coverage. 
For example, ASI may terminate a credit union's insurance with 30 days 
notice to the credit union and its state regulator, if the credit union 
fails to comply with ASI requirements to remedy any unsafe or unsound 
conditions or remedy an audit qualification in a timely manner. 
According to ASI management, it has not terminated a credit union's 
share insurance, although ASI has used its termination policy as 
leverage to force changes at a credit union.[Footnote 104]

When its largest insured credit union applied for primary share 
insurance, ASI undertook an assessment of its financial and 
underwriting considerations for insuring this institution.[Footnote 
105] ASI had previously provided excess share insurance to the credit 
union and was familiar with its financial condition. ASI's independent 
actuaries determined that the ASI fund could withstand losses sustained 
during adverse economic conditions for up to 5 years, with or without 
insuring this large credit union. Ultimately, ASI's assessment 
concluded that the credit union's financial condition was strong and, 
although it would increase ASI's concentration of risks, insuring the 
credit union would have a favorable financial impact on ASI. According 
to regulators from the Ohio Department of Commerce, Division of 
Financial Institutions (Ohio Division of Financial Institutions), they 
did not take exception to ASI insuring the large credit union and had 
reviewed ASI's underwriting assessment and asked to be updated 
periodically.

Remaining Private Insurer Has Limited Borrowing Capacity and May Find 
It Difficult to Cover Losses from Its Largest Insured Credit Unions 
under Extreme Economic Conditions:

Unlike federal share insurance, which is backed by the full faith and 
credit of the United States, ASI's insurance fund is not backed by any 
government entity. Therefore, losses on member deposits in excess of 
available cash, investments, and other assets of ASI-insured 
institutions would only be covered up to ASI's available resources and 
its secured lines of credit, which serve as a back-up source of funds. 
According to ASI documents, the terms of ASI's secured lines of credit 
required collateralization between 80 and 115 percent of current market 
value of the U.S. government or agency securities ASI holds. As a 
result, ASI's borrowing capacity is essentially limited to the 
securities it holds. ASI officials also explained that due to the high 
cost of reinsurance, it has not purchased reinsurance on its primary 
share insurance, although it has reinsurance for its excess share 
insurance.

ASI has not had large losses since 1975. ASI has expended funds for 118 
claims and its loss experience--from the credit unions that have made 
claims--has averaged 3.95 percent of the total assets of these credit 
unions. If ASI's historical loss average of 3.95 percent was tested and 
proved true for a failure at the largest credit union ASI insured, as 
of December 2002, the loss amount would be about $119 million.[Footnote 
106] While this would be a major loss, ASI would most likely be able to 
sustain this loss. ASI's historical loss rate is nearly 60 percent less 
than the loss rate experienced by NCUSIF for the same period. However, 
under more stressful conditions, ASI could have difficulty fulfilling 
its obligations. For example, ASI's five largest credit unions 
represent nearly 40 percent of insured shares, for which a collective 
loss at 3.95 percent of the assets of these credit unions would exceed 
ASI's equity by approximately $30 million. According to ASI, it could 
raise additional funds to cover catastrophic loss by reassessing all 
member credit unions up to 3 percent of their total assets, which 
excluding the top five credit unions, would generate approximately $214 
million of additional capital, while maintaining minimum capital levels 
at 4 percent of total assets. Further, by Ohio statute, the 
Superintendent of the Division of Financial Institutions can order ASI 
to reassess its insured credit unions up to the full amount of their 
capital, which, excluding the top five credit unions, would generate 
approximately $794 million of funds for ASI with which to pay claims. 
This recapitalization process is generally similar to that required of 
NCUSIF before accessing its Treasury line of credit. However, if ASI 
reassessed its member credit unions during a catastrophic failure, it 
would further negatively affect these credit unions at a time that they 
were already facing stressful economic conditions.

State Oversight of ASI and the Credit Unions It Insures Provides 
Additional Assurance:

State regulation of ASI and the privately insured credit unions it 
insures provides some additional assurance that ASI and privately 
insured credit unions operate in a safe and sound manner. As a share 
guaranty corporation, ASI is subject to state oversight and regulation 
in those states where ASI insures credit unions. ASI was chartered in 
Ohio statute, with the Ohio Division of Financial Institutions and the 
Ohio Department of Insurance dually regulating it. ASI is licensed by 
the Ohio Superintendent of Insurance and is subject to routine 
oversight by that department and Ohio's Superintendent of Credit 
Unions.[Footnote 107] The Ohio Division of Financial Institutions 
conducts annual assessments of ASI, which evaluate ASI's underwriting 
and monitoring procedures, financial soundness, and compliance with 
Ohio laws. Under Ohio law, its Department of Insurance also is required 
to examine ASI at least once every 5 years. The last Ohio Department of 
Insurance exam of ASI was completed in March 1999, which covered 
January 1995 through December 1997. When we met with Ohio officials in 
June 2003, they told us that the Ohio Department of Insurance planned 
to examine ASI in the third quarter of calendar year 2003. ASI is also 
required to submit annual audited financial statements, including 
management's attestation, and quarterly unaudited financial statements 
to Ohio insurance and credit union regulators.[Footnote 108] Ohio law 
also requires ASI to provide copies of written communication with 
regulatory significance to Ohio regulators, obtain the opinion of an 
actuary attesting to the adequacy of loss reserves established, and 
apply annually for a license to do business in Ohio. In our discussions 
with officials from the Ohio Division of Financial Institutions and the 
Ohio Department of Insurance, we found that, to date, ASI has complied 
with all requirements and regulations, and no regulators have taken 
corrective actions against ASI or limited ASI's ability to do business 
in Ohio.

Generally, state financial regulators have taken the primary lead for 
monitoring ASI's actions, while state insurance regulators were not as 
involved in overseeing ASI's operations. All states where ASI insures 
credit unions have, at some point, formally certified ASI to conduct 
business in that state.[Footnote 109] Ohio and Maryland have certified 
ASI in the past year--as required by governing statutes in those 
states. Regarding the other states in which ASI operates, while they 
have not formally recertified ASI, Ohio's annual examination process of 
ASI involves regulators from most states. State credit union regulators 
from Idaho, Illinois, Indiana, and Nevada commonly participate in this 
assessment; according to ASI officials, their acceptance of the final 
examination report infers that they approve of ASI's continuing 
operation in their respective states. State credit union regulators 
from California and Alabama, however, have not participated in the 
annual on-site assessment of ASI. Regarding monitoring efforts by state 
insurance regulators, according to ASI, the Ohio Department of 
Insurance is the only state insurance department that imposes 
requirements and insurance regulators from Idaho, Illinois, and Nevada 
only request information.

Most state credit union regulators with whom we met told us they had 
regular communication with ASI about the credit unions ASI insured. ASI 
officials reported that they commonly conducted joint, on-site exams of 
credit unions with state regulators. State credit union regulators 
imposed safety and soundness standards and carried out examinations of 
state-chartered credit unions in a way similar to how the federal 
government oversees federally insured credit unions. According to state 
regulators, state regulations, standards, and examinations apply to all 
state-chartered credit unions, regardless of their insurance status 
(whether federal, private, or noninsured). State credit union 
regulators reported that they had adopted NCUA's examination program, 
and their examiners had received training from NCUA. However, as 
previously discussed, some state officials with whom we met indicated 
that they faced challenges related to oversight of their credit unions; 
for example, some states lacked examiner resources and had high 
examiner turnover.

Additionally, privately insured credit unions--as compared with 
federally insured credit unions--are not subject to identical 
requirements and regulations. For example, while federally insured, 
state-chartered credit unions are subject to PCA--as discussed earlier, 
privately insured, state-chartered credit unions are not subject to 
these federally mandated supervisory actions. Although, as a matter of 
practice, many state regulators reported that they have the authority 
to impose capital requirements on privately insured credit unions and 
could take action when a credit union's capital levels are not safe and 
sound.However, state officials in California, Idaho, Illinois, Indiana, 
Ohio, and Nevada said that their states required privately insured 
credit unions to maintain specified reserve levels, which were codified 
in statute or regulation. Additionally, Alabama requires credit unions 
seeking private insurance to meet certain capital levels.

While some states had specific requirements for credit unions seeking 
to purchase private share insurance, many states regulators reported 
that they have the authority to "not approve" the conversion of credit 
unions to private share insurance. Alabama, Illinois, and Ohio have 
written guidelines for credit unions seeking to purchase private share 
insurance and regulators reported that they have the authority to "not 
approve" a credit union's purchase of private insurance. The other five 
states that permitted private share insurance do not have written 
guidelines for credit unions seeking to purchase private share 
insurance, but Idaho, Indiana, and Nevada state regulators also noted 
that they have the authority to "not approve" a credit union's purchase 
of private share insurance.

Moreover, NCUA supervised the conversions of federally insured credit 
unions to private share insurance. Specifically, NCUA has imposed 
notification requirements on federally insured credit unions seeking to 
convert to private share insurance and requires an affirmative vote of 
a majority of the credit union members on the conversion from federal 
to private share insurance. NCUA has required these credit unions to 
notify their members, in a disclosure, that if the conversion were 
approved, the federal government would not insure shares.[Footnote 110] 
We reviewed six recent conversions to private share insurance, and 
found that, prior to NCUA's termination of the credit union's federal 
share insurance, these credit unions, including the large credit union 
that recently converted to ASI, had generally complied with NCUA's 
notification requirements for conversion.

Members of Many Privately Insured Credit Unions Are Not Receiving 
Required Disclosures about the Lack of Federal Share Insurance:

Although actions taken by ASI and some state regulators provide some 
assurances that ASI is operating in a safe and sound manner, ASI's 
concentration risks and limited borrowing capacity raise concerns that 
under stressful economic conditions it may not be able to fulfill its 
responsibilities to its membership. Congress determined that it was 
important for members of privately insured credit unions to be informed 
that their deposits in such institutions were not federally insured. 
Specifically, among other things, section 43 of the Federal Deposit 
Insurance Act requires depository institutions lacking federal deposit 
insurance, which includes privately insured credit unions, to 
conspicuously disclose to their membership that deposits at these 
institutions are (1) not federally insured and (2) if the institution 
fails, the federal government does not guarantee that depositors will 
get back their money.[Footnote 111] These institutions are required to 
conspicuously disclose this information on periodic statements of 
account, signature cards, and passbooks, and on certificates of 
deposit, or instruments evidencing a deposit (deposit slips). These 
institutions are also required to conspicuously disclose that the 
institution is not federally insured at places where deposits are 
normally received (lobbies) and in advertising (brochures and 
newsletters).

The Federal Trade Commission (FTC) is responsible for enforcing 
compliance with section 43.[Footnote 112] However, FTC has never taken 
action to enforce these requirements, and has sought and obtained in 
its appropriations authority a prohibition against spending 
appropriated funds to carry out these provisions. We recently reported 
that because of a lack of federal enforcement of this section, many 
privately insured credit unions did not always make required 
disclosures.[Footnote 113] We conducted unannounced site visits to 57 
locations of privately insured credit unions (49 main and 8 branch 
locations) in five states--Alabama, California, Illinois, Indiana, and 
Ohio and found that 37 percent of the locations we visited did not 
conspicuously post signage in the lobby of the credit union. During 
these site visits, we also obtained other available credit union 
materials (brochures, membership agreements, signature cards, deposit 
slips, and newsletters) that did not include language to notify 
consumers that the credit union was not federally insured--as required 
by section 43. Overall, 134 of the 227 pieces of materials we obtained 
from 57 credit union locations--or 59 percent--did not include 
specified language. As part of our review, we also reviewed 78 Web 
sites of privately insured credit unions and found that many Web sites 
were not fully compliant with section 43 disclosure requirements. For 
example, 39 of the 78 sites reviewed had not included language to 
notify consumers that the credit union was not federally insured.

Our primary concern, resulting from the lack of enforcement of section 
43 provisions, was the possibility that members of privately insured, 
state-chartered credit unions might not be adequately informed that 
their deposits are not federally insured and should their institution 
fail, the federal government does not guarantee that they will get 
their money back. The fact that many privately insured credit unions we 
visited did not conspicuously disclose this information raised concerns 
that the congressional interest in this regard was not being fully 
satisfied. In our August 2003 report, we concluded that FTC was the 
best among candidates to enforce and implement section 43 and provided 
suggestions on how to provide additional flexibility to FTC to enforce 
section 43 disclosure requirements. The House Committee on 
Appropriations, Subcommittee on Commerce, Justice, State, the 
Judiciary, and Related Agencies, is currently considering adding 
language in FTC's 2004 appropriations bill that would require FTC to 
enforce and implement section 43 disclosure provisions.

Conclusions:

The financial condition of the credit union industry has improved since 
1991. Between 1992 and 2002, changes in the industry have resulted in 
two distinct groups of credit unions--smaller credit unions providing 
their members with basic banking services and larger credit unions that 
seek to provide their members with a full range of financial services 
similar to other depository institutions. These larger credit unions 
control a larger percent of industry assets than they did in 1991. This 
concentration of industry assets creates the need for greater risk 
management on the part of credit union management and NCUA with respect 
to monitoring and controlling risks to the federal share insurance 
fund.

Among the more significant changes that have occurred in the credit 
union industry over the past two decades have been the weakening or 
blurring of the common bond that traditionally existed between credit 
union members. The movement toward geographic-based fields of 
membership, and other expansions of the common-bond restrictions in 
conjunction with expanded lines of financial services, have made credit 
unions more competitive with banks. These changes have raised questions 
about the extent to which credit unions are fulfilling their perceived 
historic mission of serving individuals of modest means. However, no 
comprehensive data are available to determine the income 
characteristics of those who receive credit unions services, especially 
with respect to consumer loans and other financial services. Available 
data, such as that provided by the SCF and HMDA, provide some 
indication that credit unions serve low-and moderate-income households 
but not to the same extent as banks. If credit unions, as indicated by 
NCUA and the credit union industry, place a special emphasis on serving 
low-and moderate-income households, more extensive data would be needed 
to support this conclusion. These data would need to include 
information on the distribution of consumer loans because smaller 
credit unions are more likely to make consumer than mortgage loans. 
Lack of data especially impairs NCUA's ability to determine if credit 
unions that have adopted underserved areas are reaching the households 
in the communities most in need of financial services.

As the industry has changed and larger credit unions have become more 
like banks in the services they have provided, NCUA has adopted a 
supervisory and examination approach that more closely parallels that 
of the other depository institution regulators. While it is too soon to 
determine whether the risk-focused approach being implemented by NCUA 
will allow it to more effectively monitor and control the risks being 
assumed by credit unions, our work suggests that further opportunities 
exist for NCUA to further leverage off the approaches and experiences 
of the other federal depository institution regulators. For example, as 
NCUA is addressing challenges in implementation of its risk-focused 
program, it has the opportunity to use forums such as the FFIEC to 
learn how other depository institution regulators dealt with similar 
challenges in implementing their risk-focused programs. Also, NCUA 
might gain an evaluation of an institution's internal controls, 
comparable to other depository institution regulators, if credit unions 
were required, like banks and thrifts, to provide management 
evaluations of internal controls and their auditor's assessments of 
such evaluations. Finally, NCUA could gain better oversight of third-
party vendors if it had the same ability to examine the activities of 
third-party vendors as do other depository institution regulators.

As of December 2002, NCUSIF's financial condition appeared satisfactory 
based on its fund-equity ratio and positive net income. However, it is 
not clear whether or to what extent NCUSIF's recent decline in net 
income will continue. Improvements in NCUA's processes for determining 
the overhead transfer rate, pricing, and estimated losses could help to 
promote future financial stability by providing more accurate 
information for financial management. As currently determined by NCUA, 
the overhead transfer rate may not have accurately reflected the actual 
time spent by NCUA staff on insurance-related activities. Recent 
fluctuations are the result of adjustments being made because of 
surveys that had not been conducted regularly or over sufficient 
periods of time. In addition, NCUSIF's pricing for federal share 
insurance coverage does not reflect the risk that an individual credit 
union poses to the fund. Moreover, the process used by NCUA to 
estimated losses to the insurance fund--the fund's most significant 
liability and management estimate--has been based on overly broad 
historical analysis. The risk-based pricing structure that is the norm 
across the insurance industry and, for loss estimates, the more 
detailed, risk-based historical analysis used by FDIC in insuring banks 
and thrifts may provide useful lessons for NCUA in improving its 
management of insurance for credit unions.

While systemic risks that might be created by private share insurance 
appear to have decreased since 1990, the recent conversion of a large 
credit union from federal to private share insurance has introduced new 
concerns. Because the remaining private insurer's (ASI) insured shares 
are overly concentrated in one large credit union and in certain 
states, and because it does not have the backing of any governmental 
entity and it has limited borrowing capacity, ASI may have a limited 
ability to absorb catastrophic losses. This raises questions about the 
ability of ASI, under severe economic conditions, to fulfill its 
obligations if its largest credit unions were to fail. Given this risk, 
we believe it is important that the members of privately insured credit 
unions are made aware that their shares are not federally insured. As 
we previously reported, since no federal entity currently enforces 
compliance with federal disclosure requirements for privately insured 
credit unions, and with the high level of noncompliance that we found 
in on-site visits to privately insured credit unions, we believe that 
members of privately insured credit unions might not be adequately 
informed that their shares are not federally insured. As a result, we 
have previously recommended that Congress consider providing additional 
flexibility to FTC to ensure compliance with the federal disclosure 
requirements.[Footnote 114]

Recommendations for Executive Action:

To promote NCUA's ability to meet its goal of assisting credit unions 
in safely providing financial services to all segments of society, to 
enable more consistent federal oversight of financial institutions, and 
to enhance share insurance management (for example, improving 
allocation costs, providing insurance according to risk, and improving 
the loss estimation process), we recommend that the Chairman of the 
National Credit Union Administration:

* use tangible indicators, other than "potential membership," to 
determine whether credit unions have provided greater access to credit 
union services in underserved areas;

* consult with other regulators through FFIEC more consistently about 
risk-focused programs to learn how these regulators have dealt with 
past challenges (for example, training of information technology 
specialists);

* continuously improve the process for and documentation of the 
overhead transfer rate by consistently calculating and applying those 
rates, updating the rates annually, and completing the survey with full 
representation;

* evaluate options for implementing risk-based insurance pricing. In 
its evaluation, the NCUA Chairman should consider the potential impact 
of risk-based insurance pricing to the ability of credit unions to 
provide services to various constituencies; and:

* evaluate options for stratifying the industry by risk profile and 
applying probable failure rates and loss rates, based in part on 
historical data, for each risk profile category when estimating future 
losses from institutions.

Matters for Congressional Consideration:

Should Congress be concerned that federally insured credit unions, 
especially those serving geographical areas, are not adequately serving 
low-and moderate-income households, Congress may wish to consider 
requiring NCUA to obtain data on the proportion of mortgage and 
consumer loans provided to low-and moderate-income households within 
each federally insured credit union's field of membership and obtain 
descriptions of services specifically targeted to low-and moderate-
income households.

To ensure the safety and soundness of the credit union industry, 
Congress may wish to consider making credit unions with assets of $500 
million or more subject to the FDICIA requirement that management and 
external auditors report on the internal control structure and 
procedures for financial reporting, as well as compliance with 
designated safety and soundness laws.

To improve oversight of third-party vendors, Congress may wish to 
consider granting NCUA legislative authority to examine third-party 
vendors that provide services to credit unions and are not examined 
through FFIEC.

Agency Comments and Our Evaluation:

We requested comments on a draft of this report from the Chairman of 
the National Credit Union Administration and the President and Chief 
Executive Officer of American Share Insurance. We received written 
comments from NCUA and ASI that are summarized below and reprinted in 
appendixes XI and XII respectively. In addition, we received technical 
comments from NCUA and ASI that we incorporated into the report as 
appropriate.

NCUA concurred with most of the report's assessment regarding the 
challenges facing NCUA and credit unions since 1991. For example, NCUA 
concurred with the report's assessment that overall the financial 
health and stability of the credit union industry has improved since 
1991. NCUA also agreed with our recommendation to consult with other 
regulators through FFIEC more consistently to leverage the knowledge 
and experience the other regulators have gained in administering risk-
focused programs. NCUA stated that it plans to continue its 
coordination with its FFIEC counterparts as it makes ongoing 
improvements to its approach to supervising federally insured credit 
unions.

NCUA also concurred with our matter for congressional consideration 
that credit unions with assets of $500 million or more should provide 
annual management reports assessing the effectiveness of their internal 
controls over financial reporting and their external auditor's 
attestation to management's assertions. NCUA stated that it is 
providing guidance for credit unions on the principles of the Sarbanes-
Oxley Act that will, among other things, strongly encourage large 
credit unions to voluntarily provide this reporting on internal 
controls. However, NCUA believed that legislation was not necessary 
because NCUA has the authority to implement regulations requiring 
credit unions to provide these reports should it become necessary. 
While we acknowledge NCUA's authority to issue regulations on this 
issue, we note that regulations can be changed unilaterally by the 
agency, whereas legislation is binding unless changed by Congress. Our 
intent in developing this matter for congressional consideration was to 
ensure parity between credit unions, banks, and thrifts with regard to 
internal control reporting requirements; therefore, we have left this 
as a matter for congressional consideration in our report.

NCUA also indicated that it did not oppose our recommendation that it 
be given statutory authority to examine third-party vendors that 
provide services to credit unions and are not examined through FFIEC, 
provided that appropriate discretion was extended to the agency in the 
allocation of agency resources and evaluation of risk parameters in 
using this authority. NCUA stated that given that many of these third-
party vendors service numerous credit unions, a failure of a vendor 
poses systemic risk issues. However, NCUA suggested that it be changed 
to a matter for congressional consideration because it was a statutory 
issue rather than one involving the use of existing NCUA regulatory 
authority. We agreed with NCUA's assessment and have modified the 
report accordingly.

NCUA concurred with the report's recommendation to make improvements to 
the process for determining the overhead transfer rate and indicated 
that management is in the process of improving the methodology for 
calculating this rate. NCUA also concurred in part with our report's 
conclusion that the NCUSIF loss reserve methodology warrants study, in 
order to further refine NCUSIF's estimates. Regarding our 
recommendation that NCUA study options for improving its estimates of 
future insurance losses, NCUA stated that it is awaiting the receipt of 
recommendations that FDIC received on revising its insurance process, 
and NCUA will review the details of the revised FDIC process and how to 
integrate those practices within NCUA's system.

In its response, NCUA proposed an alternative to risk-based insurance 
pricing by using the adoption of a PCA approach where required net 
worth levels would be tied to an institution's risk profile. While 
NCUA's proposal may be one option to consider, we continue to recommend 
that NCUA evaluate and study various options for achieving a risk-based 
pricing of insurance to fairly distribute risk, provide incentives for 
member credit unions to control their risk, and focus regulators on 
higher-risk credit unions. While it is possible that the option 
suggested by NCUA would achieve the objectives, we believe that NCUA 
should study the costs, benefits, and risks associated with various 
options in order to determine the most effective and cost-beneficial 
means of achieving a risk-based system of insurance.

NCUA disagreed with our recommendation that it should use indicators, 
other than "potential membership," to determine whether credit unions 
have provided greater access to credit union services in underserved 
areas. NCUA officials stated that they believe that their data 
indicated that credit unions have reached out to underserved 
communities; implementation of this recommendation could result in 
significant and unnecessary data collection; and Congress has not 
imposed CRA-like requirements on credit unions in the past. We agree 
that federally chartered credit unions have added underserved areas in 
record numbers, increasing the numbers of potential members in these 
areas, and that membership growth in credit unions with underserved 
areas has been greater than for credit unions overall. However, this 
information does not indicate whether underserved individuals or 
households have received greater access to services (for example, by 
using check-cashing services, opening no-fee checking accounts, or 
receiving loans) as a result of these field of membership expansions. 
Further, while we agree that documenting service to the underserved 
would result in additional administrative requirements, the magnitude 
and scale of this effort does not necessarily require imposition of CRA 
as implemented for banks and thrifts, and could result in information 
benefitting future credit union expansion efforts. At a minimum, it 
would be useful to know whether membership growth in credit unions that 
have added underserved areas has come from the underserved areas 
themselves and the extent to which those census tracts within these 
areas have been identified as low-or moderate-income. This type of 
information, collected uniformly by a federal agency like NCUA, could 
serve as first step towards documenting the extent to which credit 
unions have reached for members outside of their traditional membership 
base. Finally, without this information, it will be difficult for NCUA 
or others that are interested to determine whether credit unions have 
extended services of any kind to underserved individuals as authorized 
in CUMAA.

Finally, NCUA also concurred with the report's identification of 
possible systemic risk that could be associated with private share 
insurance that lacks the full faith and credit backing of a state or 
the federal government. NCUA believed that the asset concentration, 
limited borrowing capacity, and the lack of any reinsurance of the 
private insurer present unique challenges for the eight state 
supervisory authorities where private insurance exists today.

In commenting on the private share insurance section of a draft of this 
report, ASI stated that we failed to adequately assess the private 
share insurance industry. In summary, as discussed below, ASI raised 
objections to the report statements that ASI's risks are concentrated 
in a few large credit unions and a few states; ASI has limited ability 
to absorb large losses because it does not have the backing of any 
governmental agency; and ASI's lines of credit are limited in the 
aggregate as to amount and available collateral. In response, we 
considered ASI's positions and materials provided, including ASI's 
actuarial assumptions and ASI's past performance, and believe our 
report addresses these issues correctly as originally presented.

First, in regard to ASI's concentration risks, ASI stated that the 
inclusion of a single large, high-quality credit union provided 
financial resources that improved, not diminished, the financial 
integrity of ASI. Our report acknowledges this fact. However, our 
report also notes that this credit union made up about 25 percent of 
ASI's total insured shares, and that ASI's five largest credit unions 
represent nearly 40 percent of ASI's insured shares, as of December 
2002. While not disputing that the large credit union would improve 
ASI's current financial position, we continue to believe that this 
level of concentration in a few credit unions, under adverse economic 
conditions, could expose ASI to a potentially high level of losses. ASI 
also stated that ASI's coverage and the geographic distribution of 
ASI's insured credit unions is a matter of state law. The report points 
out this fact, and we acknowledge that it limits ASI's ability to 
diversify its risks. However, the fact remains that ASI's risks are 
currently concentrated in eight states.

Second, in response to our report's assessment of ASI's limited ability 
to absorb catastrophic losses, ASI noted "its sound private deposit 
insurance program builds on a solid foundation of careful underwriting, 
continuous risk management and the financial backing of its mutual 
member credit unions, capable of absorbing large (catastrophic) 
losses." In addition, ASI noted that over its 29-year history, it has 
paid over 110 claims on failed credit unions, and that no member of an 
ASI-insured credit union has ever lost money. ASI also noted that it 
could assess its member credit unions up to 3 percent of their total 
assets in order to obtain more capital. We acknowledge these facts in 
this report; however, our point remains that ASI has limited borrowing 
capacity and, under stressful economic conditions, may have difficulty 
securing funds from others to meet its obligations. ASI also objected 
to the report's comparison of private share insurance to the federal 
insurance program. As the last remaining private share insurer, ASI has 
no peer on which to base a comparison and the only alternative to 
private share insurance for credit unions is NCUSIF.

Third, ASI commented that the draft report incorrectly views the 
company's lines of credit as a source of capital. ASI noted that their 
lines of credit are solely in place to provide emergency liquidity. We 
do not disagree with ASI's statement. When incorporating ASI's 
previously received technical comments, we clarified in the report that 
losses on member deposits, in excess of available cash, investments, 
and other assets of ASI-insured institutions, would only be covered up 
to ASI's available resources and its secured lines of credit, which 
serve as a back-up source of funds. Further, the report notes that 
ASI's lines of credit required collaterization between 80 and 115 
percent of current market value of the U.S. government or agency 
securities ASI holds. As a result, ASI's borrowing capacity is 
essentially limited to the securities it holds and therefore, in a time 
of stressful economic conditions, ASI may have difficulty maintaining 
its own liquidity if its insured credit unions were failing and unable 
to meet the withdrawal requests of depositors.

Lastly, ASI supported our previous conclusion that FTC is the 
appropriate agency for monitoring and defining private share insurance 
consumer disclosure requirements and believed that privately insured 
credit unions would benefit from FTC's enforcement of such provisions. 
In our concluding discussions with ASI officials, they emphasized that 
they were undertaking efforts to educate their member credit unions on 
the required consumer disclosures and taking steps, in conjunction with 
state credit union leagues, to ensure compliance.

:

As agreed with your offices, unless you publicly announce the contents 
of this report earlier, we plan no further distribution until 30 days 
from the report date. At that time, we will send copies of this report 
to the Chairman of the Senate Committee on Banking, Housing, and Urban 
Affairs, the Chairman and Ranking Minority Member of the House 
Committee on Financial Services, and other congressional committees. We 
also will send copies to the National Credit Union Administration and 
American Share Insurance and make copies available to others upon 
request. In addition, the report will be available at no charge on the 
GAO Web site at [Hyperlink, http://www.gao.gov.] http://www.gao.gov.

This report was prepared under the direction of Debra R. Johnson and 
Harry Medina, Assistant Directors. If you or your staff have any 
questions regarding this report, please contact the Assistant Directors 
or me at (202) 512-8678. Key contributors are acknowledged in appendix 
XIII.

Sincerely yours,

Richard J. Hillman: 

Director, Financial Markets and Community Investment:

Signed by Richard J. Hillman: 

[End of section]

Appendixes: 

Appendix I: Objectives, Scope, and Methodology:

Our report objectives were evaluate (1) the financial condition of the 
credit union industry; (2) the extent to which credit unions "make more 
available to people of small means credit for provident 
purposes;"[Footnote 115] (3) the impact, if any, of the Credit Union 
Membership Access Act of 1998 (CUMAA) on the credit union industry with 
respect to membership provisions; (4) how the National Credit Union 
Administration's (NCUA) examination and supervision processes have 
changed in response to changes in the industry; (5) the financial 
condition of the National Credit Union Share Insurance Fund (NCUSIF); 
and (6) issues concerning the use of private share (deposit) insurance.

Financial Condition of Industry:

To assess the financial condition of the credit union industry, we 
obtained and analyzed annual call report financial data (Form 5300) and 
regulatory ratings (CAMEL scores) for all federally insured credit 
unions from 1992 to 2002.[Footnote 116] NCUA requires federally insured 
credit unions to submit a quarterly call report, which contains 
information on the financial condition and operations of the 
institution. Using the call reports, we calculated descriptive 
statistics and key financial ratios and determined trends in financial 
performance. NCUA provided us with a copy of the electronic Form 5300 
database for our analysis. The database contained year-end information 
for December 1992-December 2002. We reviewed NCUA established 
procedures for verifying the accuracy of the Form 5300 database and 
found that the data that forms this database are verified on an annual 
basis, either during each credit union's examination, or through off-
site supervision. We determined that the data were sufficiently 
reliable for the purposes of this report. In addition we received a 
database of regulatory ratings (CAMEL) from NCUA for 1992-2002, on 
which we (1) reviewed the data by performing electronic testing of 
required data elements, (2) reviewed existing information about the 
data and the system that produced them, and (3) interviewed agency 
officials knowledgeable about the data. We determined that the data 
were sufficiently reliable for the purposes of this report.

In addition to using call report data for credit unions, we also used 
data collected by the Federal Financial Institutions Examination 
Council (FFIEC) and Office of Thrift Supervision (OTS) to compare the 
financial condition of and services offered by credit unions with those 
of other depository institutions insured by the Federal Deposit 
Insurance Corporation (FDIC).[Footnote 117] We used call report 
(reporting forms FFIEC 031 and FFIEC 041 for banks and OTS Form 1313 
for thrifts) data obtained from FDIC's Statistics on Depository 
Institutions Web site, which contains consolidated bank and thrift data 
stored on FDIC's Research Information System database.[Footnote 118] To 
assess the reliability of these data, we randomly cross-checked 
selected data obtained from this Web site with selected individual call 
reports and compared our calculations with aggregate figures provided 
by FDIC. Given the context of the analyses, we determined that these 
data were sufficiently reliable for the purposes of our report. For 
broad, industrywide comparisons with banks involving industry 
concentration and capital ratios, we used total assets and equity 
capital data for all FDIC-insured institutions, excluding insured 
branches of foreign-chartered banks. In order to determine bank and 
thrift institutions for our more detailed review, we constructed five 
peer groups in terms of institution size as measured by total assets, 
reported as of December 31, 2002. See table 3 for the definitions we 
used to create peer groups.

Table 3: Peer Group Definitions:

Group: I; Asset size of institution: Total assets of $100 million or 
less.

Group: II; Asset size of institution: Total assets greater than $100 
million, but less than or equal to $250 million.

Group: III; Asset size of institution: Total assets greater than $250 
million, but less than or equal to $500 million.

Group: IV; Asset size of institution: Total assets greater than $500 
million, but less than or equal to $1 billion.

Group: V; Asset size of institution: Total assets greater than $1 
billion, but less than or equal to the asset size, rounded up to the 
nearest billion dollars, of the largest credit union (for example, $16 
billion for 2001 and $18 billion for 2002).

Source: GAO.

[End of table]

We specified the maximum total assets of $18 billion by rounding up the 
total assets of the largest credit union in our database as of December 
31, 2002, to the nearest billion dollars. We also classified bank and 
thrift institutions as to whether they emphasized credit card or 
mortgage loans; this was done by determining if a given bank had (1) a 
total loans to total assets ratio of at least 0.5 and (2) either a 
credit card loans to total loans ratio of at least 0.5 or a mortgage 
loans to total loans ratio of at least 0.5. The call report data that 
we used for our financial condition and services analyses consisted of 
information on total assets and total loans, as well as more specific 
loan holdings data (for example, consumer loans and real estate loans). 
We also obtained additional data to calculate bank capital ratios and 
return on average assets, including equity capital, net income, and 
average assets.

Service to People with Low and Moderate Incomes:

To evaluate the extent to which credit unions serve people with low and 
moderate incomes, we analyzed existing data on the income levels of 
credit union members, reviewed available literature, and interviewed 
regulatory and industry officials. We analyzed 2001 Home Mortgage 
Disclosure Act (HMDA) data, the Federal Reserve's 2001 Survey of 
Consumer Finances (SCF), NCUA program literature, and statistical 
reports of industry trade and consumer groups. To present our findings, 
we relied on the combined message of all these studies and data sources 
because we found no single source that contained data on the incomes of 
credit union and other depository institution consumers. To compare the 
income characteristics of households and neighborhoods that obtain 
mortgages from credit unions and banks, we used four income categories-
--low, moderate, middle, and upper--used by financial regulators as 
part of the Community Reinvestment Act (CRA) exams.[Footnote 119] See 
table 4 for definitions.

Table 4: Definition of Income Categories:

Categories: Low income; Definitions: For an individual income, when 
income is less than 50 percent of the metropolitan statistical area's 
(MSA) median family income, and for a geographic area, when the median 
family income is less than 50 percent.

Categories: Moderate income; Definitions: For an individual income, 
when income is at least 50 percent and less than 80 percent of the 
MSA's median family income, and for a geographic area, when the median 
family income is at least 50 percent and less than 80 percent.

Categories: Middle income; Definitions: For an individual income, when 
income is at least 80 percent and less than 120 percent of the MSA's 
median family income, and for a geographic area, when the median family 
income is at least 80 percent and less than 120 percent.

Categories: Upper income; Definitions: For an individual income, when 
income is at least 120 percent or more of the MSA's median family 
income, and for a geographic area, when the median family income is 120 
percent or more.

Source: 12 C.F.R. 228.12 (n).

[End of table]

We analyzed loan application records (LAR) from the HMDA database to 
compare the proportion of mortgage loans made by credit unions and peer 
group banks with households and communities with various income levels. 
We used 2001 HMDA data, the most recent data set available from the 
Federal Reserve Bank at the time of our review. For the purposes of 
comparing credit union lending with that of banks, we included only 
those banks with assets of $16 billion or less on December 31, 2001, 
which was the size of the largest credit union in 2001, rounded up to 
the nearest billion. In addition, we excluded lending institutions that 
only made mortgages. Our HMDA analysis included records from 4,195 peer 
group banks. We obtained the asset size and total membership for credit 
unions reporting to HMDA from NCUA's 2001 call report database and 
obtained the asset size of other lenders (to identify the peer group 
banks) from the HMDA Lender File, which contains data on the 
characteristics of institutions reporting to HMDA, supplied to us by 
the Federal Reserve.

Our HMDA analysis did not include all credit unions and banks because 
only institutions that meet HMDA's reporting criteria, such as having a 
certain amount of assets, must report their mortgage loans to HMDA. For 
example, in 2001, depository institutions with more than $31 million in 
assets as of December 31, 2000, were required to report loans to HMDA. 
Largely because of this criterion, most credit unions--86 percent--were 
not required to report mortgage loans to HMDA and, thus, were excluded 
from our analysis. However, we believe our analysis is still of value 
because, in 2001, reporting credit unions held about 70 percent of 
credit union assets and included 62 percent of credit unions' members.

For our analysis, we only analyzed LARs for originated loans for the 
purchase of one-to-four family homes that served as the purchaser's 
primary dwelling. Our analysis included about 71,000 loans reported by 
credit unions and about 807,000 loans reported by peer group banks. We 
determined that the data were sufficiently reliable for the purposes of 
this report by performing electronic testing of the required data 
elements, reviewing existing information about the data and the system 
that produced them, and interviewing agency officials knowledgeable 
about the data. We did not independently verify the accuracy of the 
contents of the LARs reported to the HMDA database or the accompanying 
lender file.

After selecting the records, we determined what proportion of credit 
union and bank loans were made to purchasers with low, moderate, 
middle, and upper incomes. To do so, we categorized the purchaser's 
gross annual income, as identified on the LAR, into one of four income 
categories based on the median family income of the MSA in which the 
purchased home was located. We did this by matching the Metropolitan 
Statistical Area (MSA) on the HMDA LAR with the appropriate Department 
of Housing and Urban Development (HUD)-estimated 2001 median family 
income. We used SAS version 8.02 version, which is a computer-based 
data analysis and reporting software application, to perform all of 
these analyses. We did not analyze about 16 percent of the credit union 
and bank LARs because they did not contain a MSA. While it is possible 
that this information was simply not recorded, lenders must only report 
MSAs for properties located in MSAs where their institution has a home 
or branch office.

In addition, we determined what proportion of credit union and bank 
loans were made for the purchase of properties in census tracts by the 
median family income of the census tract. The Federal Reserve Board, in 
categorizing each census tract level, used the four income categories 
used by the financial regulators (low, moderate, middle, and upper) and 
used definitions corresponding to the ones identified in table 4. 
Because the median income of each census tract is labeled within HMDA, 
we did not have to determine the income category ourselves. We did not 
analyze about 16 percent of the credit union and bank LARs because they 
did not contain a census tract. While it is possible that this 
information was simply not recorded, lenders are not responsible for 
identifying census tract information if the property is located in a 
county with less than 30,000 people or if the property was located in 
an area that did not have census tracts for the 1990 census.

Finally, we analyzed the race and ethnicity data in HMDA to compare the 
lending records of credit unions and banks whose loans met our 
criteria. As noted in appendix VI, about 15 percent of records for 
credit unions lacked race and ethnicity data and 6 percent of records 
for banks. While it is possible that this information was simply not 
recorded, applicants filing loan applications by mail or by telephone 
are not obligated to provide this information.

We also analyzed the Federal Reserve's 2001 SCF, a triennial survey of 
U.S. households sponsored by the Board of Governors of the Federal 
Reserve System with the cooperation of Treasury, and reviewed secondary 
sources to identify the characteristics of credit union members. We 
analyzed the SCF because it is a respected source of publicly available 
data on financial institution and consumer demographics that is 
nationally representative and because it was the only comprehensive 
source of publicly available data with information on financial 
institutions and consumer demographics that we could identify. We 
analyzed the SCF to develop statistics on the income, race, age, and 
education of credit union members and bank customers. Because some 
customers use both credit unions and banks, we performed our income 
analysis based on the assumption that households can be divided into 
four user categories--those who use credit unions only, those who 
primarily use credit unions, those who use banks only, and those who 
primarily use banks. Dr. Jinkook Lee of Ohio State University developed 
these categories. In addition, to identify existing research on credit 
union research, we asked officials at NCUA and industry groups (for 
example, the Credit Union National Association (CUNA) to identify 
relevant studies and performed a literature search.

Impact of CUMAA:

To study the impact of CUMAA on credit union field of membership 
regulations, we reviewed and analyzed CUMAA and compared its provisions 
with NCUA interpretive rulings and policy statements (IRPS) in effect 
before and after CUMAA. In addition, we interviewed NCUA officials and 
industry representatives to obtain their viewpoints on how NCUA 
interpreted CUMAA's membership provisions. To obtain information about 
state field of membership regulations in general and how many state-
chartered credit unions serve geographical areas, we surveyed 
regulators in the 50 states and received responses from the 46 that 
actively charter credit unions. This allowed us to compare the number 
of federally chartered and state-chartered credit unions serving 
geographical areas. Finally, we obtained historical trend data from 
NCUA on the charter types of federally chartered credit unions, 
"potential" (that is, people within a credit union's field of 
membership but not members of the credit union) and actual membership, 
and service to underserved areas.

Regulatory Oversight:

To evaluate how NCUA's supervision and examination of credit unions has 
evolved in response to changes in the industry since 1991, we 
identified changes in the types of products, services, and activities 
in which credit unions engage as well as key changes to NCUA 
regulations. We also identified changes to NCUA's examination and 
supervision approach, and evaluated oversight procedures of federally 
insured, state-chartered credit unions. Finally, we studied NCUA's 
implementation of prompt corrective action (PCA).

To identify changes in the types of products, services, and activities 
in which credit unions engage, we analyzed 1992-2002 Form 5300 call 
report data and conducted structured interviews with NCUA examiners, 
state supervisory officials, and officials from seven large credit 
unions. To identify key regulatory changes, we (1) reviewed the Federal 
Credit Union Act and amendments made by Congress since 1991; (2) 
interviewed NCUA officials, including NCUA's General Counsel and 
officials from NCUA's Division of Examination and Insurance, NCUA and 
state examiners, and officials from seven large credit unions; (3) 
reviewed NCUA legal opinions and letters to credit unions; and (4) 
reviewed final rules published in the Federal Register.

To identify changes to NCUA's examination and supervision approach, we 
reviewed NCUA's examiner guide for key elements of the risk-focused 
examination approach and compared current exam documentation 
requirements with previous requirements. We conducted structured 
interviews with six of NCUA's regional directors, 23 NCUA examiners 
covering all NCUA regions, and 13 state supervisory officials from 
Alabama, California, Idaho, Illinois, Indiana, Maryland, 
Massachusetts, Michigan, Nevada, Ohio, Texas, Washington, and 
Wisconsin. These states contained 51 percent of the total number of 
federally insured, state-chartered credit unions and 58 percent of the 
total assets of federally insured, state-chartered credit unions as of 
December 31, 2002. In addition, we interviewed officials from seven 
large credit unions; selecting at least one credit union from NCUA's 
six regions. To obtain information on the experiences of other 
depository institution regulators with the risk-focused examination and 
supervision approach, we interviewed officials from the FDIC, OTS, 
Office of the Comptroller of the Currency, and the Federal Reserve 
Bank. Finally, to obtain information on other NCUA initiatives intended 
to compliment the risk-focused program, we reviewed NCUA documents on 
the large credit union pilot program, and the subject matter examiner 
program.

To evaluate oversight procedures of federally insured, state-chartered 
credit unions, we obtained information about the oversight procedures 
during our structured interviews with the 13 states supervisory 
officials and NCUA examiners. We also reviewed NCUA's examiner guide 
and memorandum of understanding between NCUA and states describing 
NCUA's procedures for conducting joint examinations of federally 
insured, state-chartered credit unions with state regulators.

Finally, to study NCUA's implementation of PCA, we reviewed CUMAA, NCUA 
rules and regulations pertaining to PCA, and NCUA's examiner guide. We 
also analyzed data from NCUA on the number of credit unions subject to 
PCA as of December 31, 2002. We interviewed agency officials 
knowledgeable about this data and found that NCUA headquarters, as well 
as the region, conducted reasonableness checks against the Form 5300 
database, which contains the net-worth ratio used for PCA. When data 
outliers were found, examiners were required to review the data for 
accuracy and make any necessary corrections. We determined that the 
data were sufficiently reliable for the purposes of this report. In 
addition, we interviewed NCUA officials and examiners, state 
supervisory officials, credit union officials, and officials of other 
federal financial regulatory agencies to obtain their perspectives on 
PCA.

Status of NCUSIF:

To evaluate the financial condition of NCUSIF, we obtained key 
financial data about the fund from NCUA's annual audited financial 
statements for 1991-2002. For 2002, we compared NCUSIF's key 
performance measure, which is the ratio of fund equity to insured 
shares (deposits), to key performance measures of the Bank Insurance 
Fund, Savings Association Insurance Fund, and American Share Insurance, 
the remaining private insurer. We also reviewed NCUSIF's estimated loss 
and overhead administrative expenses transfer process and applicable 
internal controls. We reviewed other relevant industry studies on 
deposit-insurance pricing and loan-loss allowance. In addition, we 
interviewed NCUA officials, industry trade groups, and officials of 
other federal financial regulatory agencies to obtain their 
perspectives on the funding of NCUSIF, the overhead transfer rate, and 
the loan-loss allowance.

Private Share Insurance:

To better understand the issues around share (deposit) insurance, we 
reviewed and analyzed relevant studies on federal and private insurers 
for both credit unions and other depository institutions.[Footnote 120] 
In addition, we interviewed officials at NCUA, the Department of the 
Treasury, and FDIC to obtain perspectives specific to private share 
insurance. We also obtained views from credit union industry groups 
including the National Association of Federal Credit Unions, National 
Association of State Credit Union Supervisors, and CUNA.

To determine the extent to which private share insurance is permitted 
and utilized by state-chartered credit unions, we conducted a survey of 
state credit union regulators in all 50 states. Our survey had a 100-
percent response rate. In addition to the survey, we obtained and 
analyzed financial and membership data of privately insured credit 
unions from a variety of sources (NCUA, Credit Union Insurance 
Corporation, CUNA, and ASI--the only remaining provider of primary 
share insurance). We found this universe difficult to confirm because 
in our discussions with state regulators, NCUA and ASI officials, and 
our review of state laws, we identified other states that could permit 
credit unions to purchase private share insurance.

To determine the regulatory differences between privately insured 
credit unions and federally insured, state-chartered credit unions, we 
identified and analyzed statutes and regulations related to share 
insurance at the state and federal levels.[Footnote 121] In addition, 
we interviewed officials at NCUA and conducted interviews with 
officials at the state credit union regulatory agencies from Alabama, 
California, Idaho, Indiana, Illinois, Maryland, Nevada, New Hampshire, 
and Ohio. Finally, we analyzed NCUA's application of its conversion 
policies and looked at the cases of six credit unions that terminated 
their federal share insurance and converted to private share insurance 
in 2002 and 2003.

To identify factors influencing a credit union's decision to obtain 
private or federal share insurance, we conducted structured interviews 
with officials of both federally insured and privately insured credit 
unions. Specifically, we interviewed management at 29 credit unions 
that, since 1990, had converted from federal to private share insurance 
and management at 26 credit unions that had converted from private to 
federal share insurance. We did not interview credit union management 
in states that did not permit private insurance.

To determine the extent to which privately insured credit unions met 
federal disclosure requirements, we identified and analyzed federal 
consumer disclosure provisions in section 43 of the Federal Deposit 
Insurance Act, as amended, and conducted unannounced site visits to 57 
privately insured credit unions (49 main and 8 branch locations) in 
Alabama, California, Illinois, Indiana, and Ohio.[Footnote 122] The 
credit union locations were selected based on a convenience sample 
using state and city location coupled with random selection of main or 
branch locations within each city. About 90 percent of the locations we 
visited were the main institution rather than a branch institution. 
This decision was based on the assumption that if the main locations 
were not in compliance, then the branch locations would probably not be 
in compliance either. Although neither these site visits, nor the 
findings they produced, render a statistically valid sample of all 
possible main and branch locations of privately insured credit unions 
necessary in order to determine the "extent" of compliance, we believe 
that what we found is robust enough, both in the aggregate and within 
each state, to raise concern about lack of disclosure in privately 
insured credit unions. During each site visit, using a systematic check 
sheet, we noted whether or not the credit union had conspicuously 
displayed the fact that the institution was not federally insured (on 
signs or stickers, for example).

In addition, from these same 57 sites visited, we collected a total of 
227 credit union documents that we analyzed for disclosure compliance. 
While section 43 requires depository institutions lacking federal 
deposit insurance to disclose they are not federally insured in 
personal documents, such as periodic statements, we did not collect 
them. We also conducted an analysis of the Web sites of 78 privately 
insured credit unions, in all eight states where credit unions are 
privately insured, to determine whether disclosures required by section 
43 were included. To identify these Web sites, we conducted a Web 
search. We attempted to locate Web sites for all 212 privately insured 
credit unions; however, we were able to identify only 78 Web sites. We 
analyzed all Web sites identified. Finally, we interviewed FTC staff to 
understand their role in enforcement of requirements of section 43 for 
depository institutions lacking federal deposit insurance.

To understand how private share insurers operate, we conducted 
interviews with officials at three private share insurers for credit 
unions--ASI (Ohio), Credit Union Insurance Corporation (Maryland), and 
Massachusetts Credit Union Share Insurance Corporation 
(Massachusetts). Because ASI was the only fully operating provider of 
private primary share insurance, ASI was the focus of our 
review.[Footnote 123] We obtained documents related to ASI operations 
such as financial statements and annual audits and analyzed them for 
the auditor's opinion noting adherence with accounting principles 
generally accepted in the United States. Additionally, to understand 
the state regulatory framework for this remaining private share 
insurer, we interviewed officials at the Ohio Department of Insurance.

[End of section]

Appendix II: Status of Recommendations from GAO's 1991 Report:

We made 52 recommendations to Congress and the National Credit Union 
Administration (NCUA) in our 1991 report on the credit union industry 
and NCUA[Footnote 124] Of these, 28 were made to Congress, of which 8 
were implemented or partially implemented as of September 2003. We made 
24 recommendations to NCUA, and 19 were implemented as of September 
2003. In addition, we issued one matter for congressional 
consideration. Congress partially addressed this matter.

Our recommendations spanned the range of issues addressed in our 1991 
report, including:

* the condition of the credit union industry and the National Credit 
Union Share Insurance Fund (NCUSIF),

* credit union law and regulation,

* supervision of credit unions,

* NCUA's management of failed credit unions,

* corporate credit unions,

* share insurance issues,

* structural changes in NCUA, and:

* the evolution of credit unions' role in the financial marketplace.

NCUA implemented most of our recommendations to the agency. The key 
changes implemented by NCUA affected (1) corporate credit unions, (2) 
reporting requirements for credit unions, and (3) supervision of state-
chartered credit unions. With respect to corporate credit unions, NCUA 
implemented various recommendations that established minimum capital 
requirements, limited investment powers of state-chartered corporate 
credit unions, increased detail and frequency of reporting 
requirements, and established a new unit in NCUA that is responsible 
for oversight, examination, and enforcement of corporate credit unions. 
We expect to review corporate credit unions following this study and to 
report in greater depth on issues affecting corporate credit unions. In 
the area of reporting requirements, NCUA implemented a requirement in 
1993 that all federally insured credit unions with assets greater than 
$50 million file financial and statistical reports (call reports) on a 
quarterly basis and as of July 1, 2002, required all federally insured 
credit unions to file quarterly call reports. Finally, NCUA affirmed 
its supervision of state-chartered and federally insured credit unions 
by establishing examination goals, as well as conducting examinations, 
at almost 16 percent of all state-chartered and federally insured 
credit unions in 2002.

NCUA told us that it chose not to implement five of our recommendations 
because it either disagreed with the recommendations (see 
recommendation 24 in table 5), or believed it had already addressed the 
recommendations (see recommendations 9, 11, 16, 17 in table 5). For 
example, NCUA disagreed with our recommendation to separate its 
supervision and insurance functions (see recommendation 24) and 
believed it was unnecessary for credit unions to submit copies of their 
supervisory committee audit reports to NCUA, as NCUA examiners 
routinely review the reports as part of the examination process (see 
recommendation 9).

Congress implemented or partially implemented 8 of the 28 
recommendations we made, which (1) established minimum capital levels 
for credit unions, (2) tightened commercial lending, and (3) 
established annual audit requirements for credit unions with assets 
greater than $500 million. As discussed in table 5, among those not 
implemented are recommendations dealing with NCUA's Central Liquidity 
Facility (CLF) (see recommendations 49-52) and the structure of NCUA 
(see recommendations 43-48).[Footnote 125]

See table 5 for our recommendations to NCUA and Congress and their 
status as of August 31, 2003.


Table 5: Status of GAO Recommendations to NCUA and Congress, as of 
August 31, 2003:

Issue: 1; Condition of credit unions and NCUSIF; GAO Recommendation to 
NCUA: Require credit unions with 
assets greater than $50 million to file financial and statistical 
reports quarterly; Status: Implemented; Comments: Implemented in the 
March 31, 1993, quarterly call reports for federally insured credit 
unions with assets greater than $50 million. Effective July 1, 2002, 
NCUA expanded rule to cover all federally insured credit unions.

Issue: 2; GAO Recommendation to NCUA: Expand the information required 
from credit unions with 
assets greater than $50 million on the financial and statistical 
reports in the areas of asset quality, interest rate sensitivity, 
management, and common bond; Status: Implemented; Comments: According 
to NCUA, it established a reporting system for common bond data in 
January 2002. The system monitors the approvals of field of membership 
and is called Generated Efficient National Information System for 
Insurances Services. Also, NCUA investment rules require credit unions 
that make certain investments to perform shock tests on interest rate 
sensitivity. According to NCUA, it performs shock tests of credit 
unions using call report data and expects examiners to make contact 
with credit unions if potential problems are identified.

Issue: 3; Law and regulation; GAO Recommendation to NCUA: Assess its 
real estate regulation and strengthen 
it to help ensure the sound underwriting of loans and their suitability 
for sale in the secondary market; Status: Implemented; Comments: In 
June 1991, NCUA issued comprehensive guidelines and since then issued a 
series of letters to credit unions to address this issue.

Issue: 4; GAO Recommendation to NCUA: Restrict the exclusions from its 
commercial lending limit 
established in 1987 to help ensure that credit unions are not used as 
vehicles underwriting large commercial ventures; Status: Implemented; 
Comments: A final rule addressing all of our concerns and 
recommendations went into effect in January 1992. The rule established 
a limit on the amount of loans that may be made to one borrower to the 
greater of 15 percent of reserves or $75,000.

Issue: 5; Supervision; GAO Recommendation to NCUA: Clarify the 
purposes, unique values, and requirements 
for use of each of its off-site monitoring tools. Determine the 
appropriate recipients of the tools and distribute them accordingly, 
within each region; Status: Implemented; Comments: According to NCUA, 
the Office of Examination and Insurance completed the requirements for 
the use of off-site monitoring tools, such as the use of risk reports, 
in fiscal year 1995. Since then, NCUA has adopted additional off-site 
monitoring tools, such as the consolidated balance sheet and scope 
workbook.

Issue: 6; GAO Recommendation to NCUA: Require documentation at the 
regional office level of 
examiners' reviews of all credit union call reports; Status: 
Implemented; Comments: NCUA requires this review as part of the 
examination process and requires documentation of the review in the 
examination report.

Issue: 7; GAO Recommendation to NCUA: Invoke its statutory authority 
to refuse to accept state 
supervisors' examinations when a state regulatory authority lacks 
adequate independence from the credit union industry. Examine all 
NCUSIF-insured credit unions in such states; Status: Implemented; 
Comments: According to NCUA, its examiner guide addresses oversight of 
federally insured, state-chartered credit unions, including processes 
to make an independent assessment of these credit unions. NCUA affirms 
it is empowered by the Federal Credit Union Act to examine any 
federally insured credit union, including those where questions are 
raised regarding the independence of the state from the industry. NCUA 
claims that use of this authority is evidenced by having conducted 
exams at 15.6 percent of all federally insured, state-chartered credit 
unions in 2002.

Issue: 8; GAO Recommendation to NCUA: Establish a policy goal for 
examination frequency of state-
chartered credit unions; Status: Implemented; Comments: NCUA affirms 
that its regions have established goals that include monitoring the 
examination cycles and supervision efforts of each state. State 
examinations not conducted within 18 months are tracked and agreements 
are made and followed to bring the state into compliance.

Issue: 9; GAO Recommendation to NCUA: Require all credit unions to 
submit copies of their 
supervisory committee audit reports to NCUA upon completion; Status: 
Not implemented; Comments: This recommendation pertains to federally 
insured credit unions with less than $500 million in assets. NCUA 
believes that the 1991 recommendation is unnecessary. NCUA claims it 
reviews the supervisory committee audits as a required step during the 
risk-focused examination process.

Issue: 10; GAO Recommendation to NCUA: Conduct an Inspector General 
review focusing on NCUA's 
handling of problem credit unions since mid-1990, specifically its use 
of enforcement powers, and submit a report to the NCUA board; Status: 
Implemented; Comments: The Inspector General completed quality 
assurance reviews of each NCUA region as of July 1994.

Issue: 11; NCUA's management of failed credit unions; GAO 
Recommendation to NCUA: Require that waivers and 
special charges be authorized by the Director of the Office of 
Examination and Insurance, the General Counsel, and the regional 
director; Status: Not implemented; Comments: Under prompt corrective 
action, NCUA is required to take various mandatory supervisory actions 
against credit unions depending on their net worth ratio, including 
requiring earnings transfers for credit unions that are less than well 
capitalized--7 percent net worth ratio or less. NCUA has established 
guidelines under which regional directors can grant earnings retention 
waivers as well as charges to the reserve. NCUA claims that its 
regional offices track approval of waivers and charges.

Issue: 12; GAO Recommendation to NCUA: Develop policy guidance 
concerning the use of these 
provisions and monitor their use; Status: Implemented; Comments: NCUA 
maintains rules regarding waivers and special charges in Section 702 of 
its rules and regulations.



Issue: 13; GAO Recommendation to NCUA: Adhere to the criteria for 
assisting credit unions; 
Status: Implemented; Comments: NCUA claims that the implementation of 
prompt corrective action in February 2000 greatly changed its ability 
to assist credit unions. To address the issue of assistance to credit 
unions, NCUA affirms that the board approved a Special Assistance 
Program in February 2001, and that it maintains a Special Assistance 
Manual regarding the documentation and quality of requests for 
assistance. Finally, NCUA claims it has implemented an approval process 
for different levels of assistance to credit unions.

Issue: 14; Corporate credit unions; GAO Recommendation to NCUA: 
Establish minimum capital requirements for 
corporate credit unions and U.S. Central Credit Union, taking all risks 
into account.[A] In the interim, establish a minimum level based on 
assets, and set a time frame for achieving this level. This could be 
achieved by increasing reserving requirements and using subordinated 
debt arrangements, such as membership capital share deposits; Status: 
Implemented; Comments: Section 704 of NCUA regulations requires a 
minimum 4 percent capital ratio for retail, as well as wholesale, 
corporate credit unions, such as U.S. Central Credit Union.

Issue: 15; GAO Recommendation to NCUA: Restrict the investment powers 
of state-chartered 
corporate credit unions to the limits imposed on federal corporate 
credit unions; Status: Implemented; Comments: NCUA's corporate credit 
union rules apply to all federally insured corporate credit unions. 
NCUA requires all nonfederally insured corporate credit unions to 
adhere to the same rules as a condition of receiving shares or deposits 
from federally insured credit unions.

Issue: 16; GAO Recommendation to NCUA: Limit the investments of 
corporate credit unions and U.S. 
Central Credit Union in a single obligor to 1 percent of the investor's 
total assets. Exceptions should include obligations of the U.S. 
Government, repurchase agreements that equal up to 2 percent of assets, 
and all investments by corporate credit unions in U.S. Central Credit 
Union; Status: Not implemented; Comments: NCUA believes it is more 
appropriate to establish concentration limits on capital rather than 
assets and established a regulation limiting aggregate investments in 
any single obligor to the greater of 50 percent of capital or $5 
million.

Issue: 17; GAO Recommendation to NCUA: Limit loans to one borrower by 
corporate credit unions and 
U.S. Central Credit Union to 1 percent of the lender's assets. NCUA 
should be authorized to make exceptions on a loan-by-loan basis; 
Status: Not implemented; Comments: NCUA believes it is more appropriate 
to set limits based on capital instead of assets. In October 1997, the 
loan limit was 10 percent of capital--an amount we determined could 
exceed 1 percent of assets. As of January 2003, NCUA rules capped the 
maximum aggregate loan amount to any one member to 50 percent of 
capital for unsecured loans, and 100 percent of capital for secured 
loans, with exceptions. We view this as a departure from the 1991 
recommendation.

Issue: 18; GAO Recommendation to NCUA: Obtain more complete and timely 
information about 
corporate financial operations; Status: Implemented; Comments: 
According to NCUA, it requires corporate credit unions to submit 
monthly call reports to NCUA as well as information to examiners. Also, 
NCUA affirms that it revises the corporate call reports annually to 
ensure proper supervision of corporate credit unions.

Issue: 19; GAO Recommendation to NCUA: Establish a unit at NCUA 
headquarters that would be 
responsible for corporate oversight, examination, and enforcement 
actions; Status: Implemented; Comments: According to NCUA, the NCUA 
board separated corporate credit union supervisory responsibility from 
the Office of Examination and Insurance and created the Office of 
Corporate Credit Unions in August 1994.

Issue: 20; GAO Recommendation to NCUA: Review the CAMEL rating system 
for corporate credit unions 
to reduce the inconsistencies and focus more clearly on the component 
being rated; Status: Implemented; Comments: In January 1999, NCUA 
implemented a system for evaluating the risk associated with corporate 
credit unions that is different from the CAMEL ratings used for other 
credit unions. The system, known as the Corporate Risk Information 
System, has 12 component ratings regarding financial risk and risk 
management.

Issue: 21; Share insurance; GAO Recommendation to NCUA: Place NCUSIF's 
fiscal year on a calendar year; 
Status: Implemented; Comments: In November 1993, the NCUA Board of 
Directors approved the change to a fiscal year based on the calendar 
year (January-December), which became effective January 1, 1995.

Issue: 22; GAO Recommendation to NCUA: Reduce the time lag in 
adjusting NCUSIF's financing; 
Status: Implemented; Comments: According to NCUA, establishing a fiscal 
year based on the calendar year for NCUSIF reduced time lags in 
collection of assessments from 7 to 3 months.

Issue: 23; GAO Recommendation to NCUA: Require credit unions to 
exclude their 1 percent deposit 
in NCUSIF from both sides of their balance sheet when assessing capital 
adequacy. Then, that amount would not be counted as credit union 
capital; Status: Implemented; Comments: Action taken by Congress 
addressed our concern. Minimum net worth ratios established in the 1998 
Credit Union Membership Access Act (CUMAA), which is 7 percent for 
well-capitalized credit unions, compensated for the NCUSIF deposit (1 
percent of assets) that credit unions account for on their balance 
sheet. The minimum capital ratio for banks insured by FDIC is 6 
percent.

Issue: 24; NCUA structural changes; GAO Recommendation to NCUA: 
Immediately establish separate supervision 
and insurance offices that report directly to the board; Status: Not 
implemented; Comments: NCUA disagrees with this recommendation.

Issue: 25; Condition of credit unions and NCUSIF; GAO Recommendation 
to Congress: Hold annual oversight 
hearings at which the NCUA board testifies on the condition of credit 
unions and NCUSIF and assesses risk areas and reports on NCUA's 
responses; Status: Not implemented; Comments: As of September 1994, 
the Senate did not hold hearings, but the House Banking Committee had. 
NCUA has no objections to this recommendation.

Issue: 26; Law and regulation; GAO Recommendation to Congress: Amend 
Federal Credit Union Act (FCUA) to 
require NCUA to establish minimum capital levels for credit unions no 
less stringent than those applicable to other insured depository 
institutions, providing for an appropriate phase-in period; Status: 
Implemented; Comments: Implemented as part of prompt corrective action 
in CUMAA (August 1998) and promulgated as NCUA regulation in February 
2000.

Issue: 27; GAO Recommendation to Congress: Amend the FCUA to limit the 
amount that credit unions can 
loan or invest in a single obligor, other than investments in direct or 
guaranteed obligations of the U.S. Government or in the credit union's 
corporate credit union, to not more than 1 percent of the credit 
union's total assets. Limits permitted in 1991 with respect to credit 
union service organizations should continue, and exposures of not more 
than 2 percent of assets should be provided for in repurchase agreement 
transactions. Authorize NCUA to set a higher limit for secured consumer 
loans made by small credit unions and for overnight funds deposited 
with correspondent institutions; Status: Not implemented; Comments: 
NCUA's position has changed since 1994, when it believed a 5 percent of 
assets limitation on exposure to single obligors would be satisfactory. 
According to NCUA, the 5-percent limitation is too restrictive for some 
credit unions, especially for smaller credit unions. According to NCUA, 
its current regulations for credit unions do not provide specific 
limits, but provides flexibility to well-run and managed credit unions. 
NCUA believes that setting obligor limitations is better handled 
through the agency's regulation process because it permits prompt 
changes, is considerate of the fluid financial environment, and 
maintains emphasis on overall risk.

Issue: 28; GAO Recommendation to Congress: Amend the FCUA to require 
NCUA to tighten the commercial 
lending regulation and include an overall limit; Status: Implemented; 
Comments: Implemented as part of CUMAA in 1998 and promulgated as NCUA 
regulation in May 1999. NCUA established the aggregate limit on a 
credit union's outstanding member business loans to the lesser of 1.75 
times the credit unions' net worth or 12.25 percent of total assets.

Issue: 29; GAO Recommendation to Congress: Amend the FCUA to modify 
borrowing authority and specify 
that credit unions may not borrow for the purpose of growth, unless 
prior approval of NCUA is obtained; Status: Not implemented; Comments: 
NCUA believes that this recommendation is not necessary because 
Congress indirectly addressed this issue through PCA provisions in 
CUMAA in 1998. According to NCUA, if a credit union is undercapitalized 
under PCA, then growth can be restricted. Also according to NCUA, PCA 
requirements indirectly influence borrowing because borrowing could 
impact net worth classification; For clarification, we intended this 
recommendation to apply to all credit unions, not just those under 
PCA.

Issue: 30; GAO Recommendation to Congress: Amend the FCUA to require 
credit unions to adequately 
disclose that dividends on shares and other accounts cannot be 
guaranteed in advance but are dependent on earnings; Status: 
Implemented; Comments: Implemented as part of comprehensive banking 
reforms in 1991. NCUA issued a regulation under the Truth in Savings 
Act.

Issue: 31; GAO Recommendation to Congress: Amend the FCUA to require 
all insured credit unions to 
obtain NCUA permission before opening a new branch; Status: Not 
implemented; Comments: NCUA is opposed to this recommendation and 
believes that current regulations are appropriate. NCUA's regulations 
require federally insured credit unions with over $1 million in assets 
to obtain NCUA approval to invest in fixed assets, including branch 
offices, if the aggregate of all such investments exceeds 5 percent of 
shares and retained earnings. Credit unions eligible under NCUA's 
Regulatory Flexibility Program are exempt from this requirement.

Issue: 32; GAO Recommendation to Congress: Amend the FCUA to require 
credit unions above a minimum 
size to obtain annual independent certified public accountant audits 
and to make annual management reports on internal controls and 
compliance with laws and regulations; Status: Partially implemented; 
Comments: Implemented as part of CUMAA in 1998 and promulgated as NCUA 
regulation in July 1999. Credit unions with assets greater than $500 
million are required to obtain annual independent certified public 
accountant audits. However, no requirement has been made requiring 
annual management reports on internal controls and compliance with laws 
and regulations.

Issue: 33; GAO Recommendation to Congress: Amend the FCUA to authorize 
and require NCUA to compel a 
federally insured, state-chartered union to follow the federal 
regulations in any area in which the credit union's powers go beyond 
those permitted federally chartered credit unions and are considered to 
constitute a safety and soundness risk; Status: Not implemented; 
Comments: NCUA agrees with this recommendation.

Issue: 34; NCUA's management of failures; GAO Recommendation to 
Congress: Amend FCUA to authorize NCUA to 
provide assistance in resolving a failing credit union only when it is 
less costly than liquidation or essential to provide adequate 
depository services in the community; Status: Not implemented; 
Comments: According to NCUA, it maintains a policy of assisting failing 
credit unions at the least cost. Also, NCUA believes that changes to 
the FCUA are unnecessary because NCUA has enough flexibility to assist 
failing credit unions when the benefits of preserving the credit union 
outweigh the cost.

Issue: 35; GAO Recommendation to Congress: Require NCUA to maintain 
documentation supporting its 
resolution decisions, including the statistical and economic 
assumptions made; Status: Not implemented; Comments: According to 
NCUA, its policies and practices emphasize the importance of 
maintaining documentation of resolutions and that decisions are 
supported. In addition, and according to NCUA, it actively updates 
expectations and processes for retrieving and maintaining data through 
the revision of the Examiner's Guide, Accounting Manual, Directives, 
Special Actions Manual, and Guidance to Credit Unions.

Issue: 36; Corporate credit unions; GAO Recommendation to Congress: 
Amend the FCUA to confine insured credit 
union investments in corporate credit unions and U.S. Central Credit 
Union to those that have obtained deposit insurance from NCUSIF; 
Status: Not implemented; Comments: While not expressly implemented, 
NCUA has taken some action in this area. NCUA regulations require 
nonfederally insured corporate credit unions to agree to adhere to its 
corporate credit union rule and to submit to NCUA examinations as a 
condition of receiving shares or deposits from federally insured credit 
unions. According to NCUA, there is only one corporate credit union 
that is not federally insured.

Issue: 37; GAO Recommendation to Congress: Require NCUA to establish a 
program to promptly increase 
the capital of corporate credit unions and establish minimum capital 
standards; Status: Implemented; Comments: NCUA's regulations require 
corporate credit unions to maintain a minimum capital ratio of 4 
percent. In addition, NCUA may issue a capital directive to corporate 
credit unions to achieve adequate capitalization within a specified 
time frame by taking any action deemed necessary, including increasing 
the amount of capital to specific levels. NCUA's corporate credit union 
rule also imposes an earnings retention requirement of either 10 or 15 
basis points per annum if a corporate credit union's retained earnings 
ratio falls below 2 percent.

Issue: 38; Share insurance; GAO Recommendation to Congress: Require 
credit unions to expense the 1 percent 
deposit in NCUSIF over a reasonable period of time--to be determined by 
NCUA. At the same time, emphasize that the assets represented by a 
failed credit union's insurance deposit should be available first to 
NCUSIF. This action should be coordinated with and consistent with any 
legislation to recapitalize the Bank Insurance Fund in order to avoid 
placing credit unions at a competitive disadvantage; Status: 
Implemented; Comments: We determined that Congress' passage of CUMAA, 
which set net worth levels for credit unions 1 percent higher to 
compensate for NCUSIF's accounting of the deposit as an asset, 
addressed our concerns about the double counting of capital at NCUSIF 
and credit unions. We determined that the recommendation regarding 
NCUSIF's access to the assets of a failed credit union has not been 
implemented, but we determined that this recommendation is implemented 
because our greatest concern was addressed regarding the double 
counting of capital between NCUSIF and credit unions.

Issue: 39; GAO Recommendation to Congress: Amend the FCUA to establish 
an available assets ratio for 
NCUSIF; Status: Implemented; Comments: In passing CUMAA in August 
1998, Congress amended the FCUA to establish a minimum 1.0 percent 
available assets ratio for NCUSIF. In addition, the NCUA board is to 
make a distribution to insured credit unions after each calendar year 
if, at the end of the calendar year: the NCUSIF's available assets 
ratio exceeds 1.0 percent, any loans from the federal government as 
well as interest on those loans have been repaid, and NCUSIF's equity 
ratio exceeds the normal operating level.

Issue: 40; GAO Recommendation to Congress: Amend the FCUA to authorize 
NCUA to raise the basic NCUSIF 
equity ratio, available assets ratio, and premiums, and delete NCUSIF 
ability to set a normal operating level below the statutory minimum; 
Status: Implemented; Comments: Under CUMAA, Congress authorized NCUA to 
assess a premium charge on insured credit unions if NCUSIF's equity 
ratio was less than 1.3 percent and the premium charge would not exceed 
the amount necessary to restore the equity ratio to 1.3 percent. 
Congress also defined NCUSIF's normal operating level as an equity 
ratio to be specified by the NCUA board between 1.2 and 1.5 percent. 
However, Congress set the available assets ratio at 1.0 percent with no 
authority given to NCUA to change it.

Issue: 41; GAO Recommendation to Congress: Amend the FCUA to provide 
for additional NCUA borrowing 
from Treasury on behalf of NCUSIF; Status: Not implemented; Comments: 
NCUA believes that borrowing authority is appropriate so long as the 
CLF and NCUSIF continue to have borrowing authority.

Issue: 42; GAO Recommendation to Congress: Amend the FCUA to place 
NCUSIF in a position second to 
general creditors but rank this position ahead of uninsured shares; 
Status: Not implemented; Comments: NCUA sees no compelling reason to 
make this change.

Issue: 43; NCUA structural changes; GAO Recommendation to Congress: 
Amend the FCUA to require that NCUA, in 
consultation with Congress and the credit union industry, to identify 
specific unsafe and unsound practices and conditions that merit 
enforcement action, identify the appropriate corrective action, and 
promulgate these requirements by regulation; Status: Not implemented; 
Comments: NCUA believes there is no need for legislative change, as PCA 
provisions in CUMAA address declining net worth levels in credit 
unions.

Issue: 44; GAO Recommendation to Congress: Amend the FCUA to require 
NCUA to take appropriate 
enforcement action when unsafe and unsound conditions or practices, as 
specified in law or NCUA regulations, are identified; Status: Not 
implemented; Comments: Same as above.

Issue: 45; GAO Recommendation to Congress: Amend the FCUA to provide 
for a five-member NCUA board, 
with two members ex officio, (the Chairman of the Federal Reserve Board 
and the Secretary of the Treasury). Authorize the two ex officio 
members to delegate their authority to another member of the Federal 
Reserve Board or to another official of the Department of the Treasury 
who is appointed by the President with the advice and consent of the 
Senate; Status: Not implemented; Comments: NCUA is opposed to this 
recommendation.

Issue: 46; GAO Recommendation to Congress: Consider placing credit 
union's examination and 
supervision functions under a single federal regulator once such an 
entity is operating effectively, if there is broad reform of the 
depository institution regulatory structure. The insurance function 
could then be placed under FDIC or under a separate entity; Status: 
Not implemented; Comments: NCUA opposes this recommendation because it 
believes the change would affect the identity of credit unions, limit 
the financial choices for consumers, create competing and conflicting 
priorities for the single regulator, and stifle the financial 
marketplace.

Issue: 47; GAO Recommendation to Congress: Remove the power of 
federally chartered credit unions to 
borrow from Farm Credit Banks, as provided for in FCUA; Status: Not 
implemented; Comments: NCUA has no objection to this recommendation.

Issue: 48; GAO Recommendation to Congress: Amend the Community 
Development Credit Union Revolving 
Fund Transfer Act to designate an entity other than NCUA as 
administrator of the revolving fund; Status: Not implemented; 
Comments: NCUA opposes this recommendation because such a change would 
create additional bureaucratic requirements for small financial 
institutions. According to NCUA, the agency does not receive 
appropriations for administering the program and funds the program 
through the operating and overhead transfer fees collected from both 
federally chartered and federally insured credit unions.

Issue: 49; GAO Recommendation to Congress: Dissolve the CLF, as 
established by Title III of the 
FCUA; Status: Not implemented; Comments: NCUA opposes this 
recommendation.

Issue: 50; GAO Recommendation to Congress: If CLF continues to operate, 
sharply reduce CLF borrowing 
authority from the current level of 12 times subscribed capital and 
surplus; Status: Not implemented; Comments: NCUA opposes this 
recommendation and believes that restricting CLF's capacity could 
undermine its purpose.

Issue: 51; GAO Recommendation to Congress: If CLF continues to 
operate, require the terms and 
conditions of CLF loans to be no more liberal than those made by the 
Federal Reserve; Status: Not implemented; Comments: NCUA believes that 
the rates of CLF loans are prudent. According to NCUA, rates on CLF 
loans to credit unions are based on the Federal Financing Bank (FFB) 
fixed rate, as the CLF borrows from the FFB. Furthermore, according to 
NCUA, FFB rates are related to U.S. Treasury rates.

Issue: 52; GAO Recommendation to Congress: If CLF continues to 
operate, prohibit CLF loans or 
guarantees of any kind to NCUSIF, and, in the event the NCUA board 
certifies that CLF does not have sufficient funds to meet liquidity 
needs of credit unions, authorize the Department of the Treasury to 
lend to NCUSIF, rather than to CLF, in order to meet such needs; 
Status: Not implemented; Comments: According to NCUA, CLF and NCUSIF 
are distinct entities and CLF does not extend loans or guarantees to 
NCUSIF.

Matter for congressional consideration: 

Credit unions' role in the financial marketplace; GAO Recommendation 
to Congress: If credit unions 
are to remain distinct from other depository institutions because, in 
part, of their common-bond membership requirement, and if this 
requirement is intended to further the safe and sound operation of 
credit unions, consider stating this general intent in legislation and 
establish guidelines on the limits of occupational, associational, and 
community common bonds as well as the purpose and limits of multiple 
group charters. These guidelines should apply to all federally insured 
credit unions; Status: Partially implemented; Comments: In passing 
CUMAA in August 1998, Congress established membership limits for 
federally chartered credit unions with respect to common-bond and 
community-chartered credit unions. Furthermore, Congress established 
numerical limitations for groups to be eligible for inclusion in 
multiple common-bond credit unions and established geographical 
guidelines for community credit unions; However, the legislation 
only applied to federally chartered credit unions. It did not apply to 
federally insured,state-chartered credit unions, which held 46 percent 
of total industry assets as of December 31, 2002. Therefore, this 
recommendation is partially implemented.

Sources: GAO; NCUA; Department of Treasury; Federal Register; CUMAA.

[A] U.S. Central Credit Union, founded in 1974, solely assists 
corporate credit unions with financial services, including investment, 
liquidity, and cash management products and services; risk management 
and analytic capabilities; settlement, funds transfer and payment 
services; and safekeeping and custody services. It is owned and 
directed by its member corporate credit unions.

[End of table]

[End of section]

Appendix III: Financial Condition of Federally Insured Credit Unions:

As we reported earlier, the financial condition of federally insured 
credit unions--the industry--has improved since 1991, based on various 
measures such as capital ratios, assets, and regulatory ratings. This 
appendix provides greater detail on these measures. We used annual call 
reports from December 31, 1992, to December 31, 2002, as well as a 
database of regulatory ratings from the National Credit Union 
Administration (NCUA) for the same time period. In addition, we used 
consolidated data based on annual call reports for banks and thrifts in 
order to compare them with credit unions.

Industry Capital Ratios Have Increased over Time:

The capital of federally insured credit unions as a percentage of total 
industry assets--the capital ratio--grew from 8.10 to 10.86 percent 
from December 31, 1992, to December 31, 2002 (see fig. 18). Over this 
period, larger credit unions had consistently higher capital ratios 
than smaller credit unions.

Figure 18: Capital Ratios in Federally Insured Credit Unions, 1992-
2002:

[See PDF for image]

Note: In this figure, small credit unions are defined as those with 
less than $10 million in assets; medium credit unions are those with 
assets ranging from $10 million to less than $50 million in assets; and 
large credit unions are those with $50 million or more in assets. The 
capital ratio of a given size category is calculated as the total 
equity of all credit unions in that size category divided by the total 
assets of all credit unions in that size category.


[End of figure]

Growth of the Industry:

The credit union industry grew dramatically since December 31, 1992, as 
measured by assets and the value of shares (see table 6). From December 
31, 1992, to December 31, 2002, assets in federally insured credit 
unions increased from $258 billion to $557 billion, or 116 percent, 
while shares increased from $233 billion to $484 billion, or 108 
percent. From December 31, 1992, to December 31, 2000, the annual 
percentage growth rates of assets and shares generally fluctuated from 
around 3 percent to around 7 percent, with a significant rise in 1998 
to over 10 percent. In the last 2 years (2001-2002), however, the 
annual percentage growth in assets and shares again rose sharply. 
According to NCUA officials, the more recent growth in assets and 
shares reflected a "flight to safety" on the part of consumers seeking 
low-risk investments in reaction to the generally depressed condition 
of the securities market.

Table 6: Federally Insured Credit Union Growth in Assets and Shares, 
1992-2002:



 .

1992; Assets: Dollar value: $258.37; Percentage Growth: [Empty]; 
Shares: Dollar value: $233.01; Percentage Growth: [Empty].

1993; Assets: Dollar value: 277.13; Percentage Growth: 7.26; 
Shares: Dollar value: 246.96; Percentage Growth: 5.99.

1994; Assets: Dollar value: 289.45; Percentage Growth: 4.45; 
Shares: Dollar value: 255.02; Percentage Growth: 3.26.

1995; Assets: Dollar value: 306.64; Percentage Growth: 5.94; 
Shares: Dollar value: 270.14; Percentage Growth: 5.93.

1996; Assets: Dollar value: 326.89; Percentage Growth: 6.60; 
Shares: Dollar value: 286.71; Percentage Growth: 6.13.

1997; Assets: Dollar value: 351.17; Percentage Growth: 7.43; 
Shares: Dollar value: 307.18; Percentage Growth: 7.14.

1998; Assets: Dollar value: 388.70; Percentage Growth: 10.69; 
Shares: Dollar value: 340.00; Percentage Growth: 10.68.

1999; Assets: Dollar value: 411.42; Percentage Growth: 5.84; 
Shares: Dollar value: 356.92; Percentage Growth: 4.98.

2000; Assets: Dollar value: 438.22; Percentage Growth: 6.51; 
Shares: Dollar value: 379.24; Percentage Growth: 6.25.

2001; Assets: Dollar value: 501.54; Percentage Growth: 14.45; 
Shares: Dollar value: 437.13; Percentage Growth: 15.27.

2002; Assets: Dollar value: 557.07; Percentage Growth: 11.07; 
Shares: Dollar value: 484.19; Percentage Growth: 10.77.

Source: Call report data.

[End of table]

As noted earlier, the industry has consolidated and become slightly 
more concentrated. As of December 31, 1992, there were 12,595 credit 
unions, but by December 31, 2002, that number had declined to 9,688 
(see table 7). The number of credit unions with less than $10 million 
in assets declined during this period, while the number of credit 
unions with more than $30 million in assets grew. Those credit unions 
with over $100 million in assets had around 52 percent of total 
industry assets as of December 31, 1992, but by December 31, 2002, 
credit unions of this size had around 75 percent of total industry 
assets. The 50 largest credit unions held 18 percent of industry assets 
in 1992, but by 2002 the 50 largest credit unions held 23 percent of 
industry assets.

:

Table 7: Distribution of Credit Unions by Asset Size, 1992 and 2002:

Asset size (dollars in millions): 

December 31, 1992:

Number of credit unions; Less than: .5: 1,696; .5 to less than 2: 
2,818; 2 to less than 10: 4,304; 10 to less than 30: 2,121; 30 to less 
than 50: 625; 50 to less than 100: 519; 100: or more: 512; Total: 
12,595.

Percent of credit unions; Less than: .5: 13.47; .5 to less than 2: 
22.37; 2 to less than 10: 34.17; 10 to less than 30: 16.84; 30 to less 
than 50: 4.96; 50 to less than 100: 4.12; 100: or more: 4.07; Total: 
100.

Total assets (dollars in millions); Less than: .5: $433,203; .5 to 
less than 2: $3,243,850; 2 to less than 10: $21,230,518; 10 to less 
than 30: $37,355,589; 30 to less than 50: $24,331,358; 50 to less than 
100: $36,133,301; 100: or more: $135,637,393; Total: $258,365,211.

Percent of total assets; Less than: .5: 0.17; .5 to less than 2: 1.26; 
2 to less than 10: 8.22; 10 to less than 30: 14.46; 30 to less than 
50: 9.42; 50 to less than 100: 13.99; 100: or more: 52.50; Total: 100.

December 31, 2002: 

Number of credit unions; Less than: .5: 620; .5 to less than 2: 1,327; 
2 to less than 10: 3,022; 10 to less than 30: 2,121; 30 to less than 
50: 801; 50 to less than 100: 751; 100: or more: 1,046; Total: 9,688.

Percent of credit unions; Less than: .5: 6.40; .5 to less than 2:  
13.70; 2 to less than 10: 31.19; 10 to less than 30: 21.89; 30 to less 
than 50: 8.27; 50 to less than 100: 7.75; 100: or more: 10.80; Total: 
100.

Total assets (dollars in millions); Less than: .5: $165,054; .5 to 
less than 2: $1,543,306; 2 to less than 10: $16,181,104; 10 to less 
than 30: $37,913,707; 30 to less than 50: $31,135,123; 50 to less than 
100: $52,762,245; 100: or more: $417,374,026; Total: $557,074,565.

Percent of total assets; Less than: .5: 0.03; .5 to less than 2: 0.28; 
2 to less than 10: 2.9; 10 to less than 30: 6.81; 30 to less than 50: 
5.59; 50 to less than 100: 9.47; 100: or more: 74.92; Total: 100.

Source: Call report data.

[End of table]

As industry assets have increased, the composition of these assets has 
changed. Total loans as a percentage of total assets increased from 54 
percent as of December 31, 1992, to 62 percent as of December 31, 2002 
(see table 8). While consumer loans, which broadly consist of unsecured 
credit card loans, new and used vehicle loans, and certain other loans 
to members, remained the largest category of credit union loans, the 
most significant growth in credit union loan portfolios was in real 
estate loans. These loans grew from 19 percent of total assets as of 
December 31, 1992, to 26 percent of total assets as of December 31, 
2002.

Table 8: Asset Composition of Credit Unions as a Percentage of Total 
Assets, 1992-2002:

[See PDF for image]

Source: Call report data.

[End of table]

Despite the growth in credit union real estate loans, credit unions had 
a lower percentage of real estate loans to total assets (26 percent) 
than their peer group banks and thrifts, which had 37 percent of real 
estate loans to total assets (see table 9). Credit unions had a 
significantly higher percentage of consumer loans to total assets (31 
percent) compared with their peer group banks and thrifts (8 percent). 
These banks and thrifts, however, had a significantly higher percentage 
of agricultural and commercial loans to total assets (12 percent) 
compared with credit unions (slightly more than 1 percent).

Table 9: Comparison of the Loan Portfolios of Federally Insured Credit 
Unions with Peer Group Banks and Thrifts, as of 2002:

Loan types: Consumer loans; Credit unions: Dollar value: 
$175,300,187,240; Credit unions: Percent: 31.47; Banks: Dollar 
value: $189,841,654,000; Banks: Percent: 7.53.

Loan types: Real estate loans; Credit unions: Dollar value: 
147,131,474,868; Credit unions: Percent: 26.41; Banks: Dollar 
value: 944,031,005,000; Banks: Percent: 37.44.

Loan types: Agricultural and commercial loans; Credit unions: Dollar 
value: 6,644,982,024; Credit unions: Percent: 1.19; Banks: 
Dollar value: 303,205,739,000; Banks: Percent: 12.03.

Loan types: Other loans; Credit unions: Dollar value: 13,571,878,174; 
Credit unions: Percent: 2.44; Banks: Dollar value: 
65,472,408,000; Banks: Percent: 2.60.

Loan types: Total loans; Credit unions: Dollar value: 
$342,648,522,306; Credit unions: Percent: 61.51; Banks: Dollar 
value: $1,502,550,806,000; Banks: Percent: 59.60.

Loan types: Other assets; Credit unions: Dollar value: 
214,426,042,531; Credit unions: Percent: 38.49; Banks: Dollar 
value: 1,018,695,188,000; Banks: Percent: 40.40.

Loan types: Total assets; Credit unions: Dollar value: 
$557,074,564,837; Credit unions: Percent: 100; Banks: Dollar 
value: $2,521,245,994,000; Banks: Percent: 100.

Number of institutions: Credit unions: 9,688; Banks: 7,829.

Source: Call report data.

Note: Data are as of December 31, 2002, and are based on all federally 
insured credit unions and banks and thrifts filing call reports. 
Insured U.S. branches of foreign-chartered banks, banks with more than 
$18 billion in assets, and banks we determined had emphases in credit 
card or mortgage loans are excluded.

[End of table]

Credit Union Profits Have Been Relatively Stable in Recent Years:

The profitability of credit unions, as measured by the return on 
average assets, has been relatively stable in recent years. According 
to this measure, credit union profitability was higher in the early to 
mid-1990s than in the late 1990s and early 2000s. While declining from 
1993 through 1999, the return on average assets has since stabilized. 
It has generally hovered around 1 percent, which, by historical banking 
standards, is a performance benchmark, and it was reported at 1.07 as 
of December 31, 2002 (see fig. 19). Profits are an especially important 
source of capital for credit unions because they are mutually owned 
institutions that cannot sell equity to raise capital.

Figure 19: Profitability of Federally Insured Credit Unions, 1992-2002:

[See PDF for image]

Notes: Profitability is measured by the return on average assets, in 
which average assets are the simple average of total assets as of the 
current period and prior yearend. The return on average assets was not 
available for 1992 since we did not have 1991 total assets data.

[End of figure]

Credit Unions' Regulatory Ratings Have Improved Since December 1992:

The number of credit unions with a CAMEL rating of 1 (strong) increased 
from 1,082 (9 percent) in 1992 to 2,186 (23 percent) in 2002 (see fig. 
20). During the same time period, institutions classified as problem 
credit unions--those with CAMEL ratings of 4 (poor) or 5 
(unsatisfactory)--decreased from 578 (5 percent) in 1992 to 211 (2 
percent) in 2002.

Figure 20: Federally Insured Credit Unions, by CAMEL Rating, 1992-2002:

[See PDF for image]

[End of figure]

[End of section]

Appendix IV: Comparison of Bank and Credit Union Distribution of 
Assets:

Figures 21, 22, and 23 illustrate the marked size disparity between 
credit unions and institutions insured by the Federal Deposit Insurance 
Corporation (FDIC), with figure 21 highlighting how small most credit 
unions are.[Footnote 126] At the end of 2002, the largest credit union 
had less than $18 billion in assets, while the largest bank, with over 
$600 billion in assets, was larger than the entire credit union 
industry.

Figure 21: Total Assets of All Credit Unions and All Banks, as of 2002:

[See PDF for image]

Note: Data are as of December 31, 2002, and include all federally 
insured credit unions and banks and thrifts filing call reports. 
Insured U.S. branches of foreign-chartered institutions are excluded. 
This figure depicts the number of institutions in a particular asset 
size category. Each category represents a range--for example, the first 
category includes all institutions with assets of $100 million or less, 
while the second category includes all institutions with assets greater 
than $100 million and less than or equal to $250 million, up to the 
last category, which includes all institutions with assets greater than 
$500 million and less than or equal to $750 billion.

[End of figure]

Figure 22: Total Assets of Credit Unions and Banks withLess Than $100 
Million in Assets, as of 2002:

[See PDF for image]

Note: Data are as of December 31, 2002, and include all federally 
insured credit unions and banks and thrifts filing call reports. 
Insured U.S. branches of foreign-chartered institutions are excluded. 
This figure depicts the number of institutions in a particular asset 
size category. Each category represents a range--for example, the first 
category includes all institutions with assets of $5 million or less, 
while the second category includes all institutions with assets greater 
than $5 million and less than or equal to $10 million, up to the last 
category, which includes all institutions with assets greater than $95 
million and less than or equal to $100 million.

[End of figure]

Figure 23: Total Assets of Credit Unions with Less Than $5 Million in 
Assets, as of 2002:

[See PDF for image]

Note: Data are as of December 31, 2002, and include all federally 
insured credit unions filing call reports. This figure depicts the 
number of institutions in a particular asset size category. Each 
category represents a range--for example, the first category includes 
all institutions with assets of $250,000 or less, while the second 
category includes all institutions with assets greater than $250,000 
and less than or equal to $500,000, up to the last category, which 
includes all institutions with assets greater than $4.75 million and 
less than or equal to $5 million.

[End of figure]

Given the disproportionate size of the banking industry relative to the 
credit union industry, peer groups were defined to mitigate the effects 
of this discrepancy. Therefore, for our more detailed reviews, we 
constructed five peer groups in terms of institution size as measured 
by total assets, reported as of December 31, 2002. We further refined 
the sample of FDIC-insured institutions to exclude those banks and 
thrifts we determined had emphases in credit card or mortgage loans. 
The largest bank included in our analyses had total assets of nearly 
$18 billion in 2002. See appendix I for details.

Figures 24, 25, 26, and 27 illustrate that differences in services (as 
measured by the number of institutions holding various consumer, 
mortgage, and business loans) between credit unions and peer group 
banks are manifested in terms of institution size. Overall, the credit 
union industry in aggregate did not appear to be that similar to the 
banking industry (as captured by our sample of peer group banks) in 
terms of services; however, when broken out by size, the larger credit 
unions (those with more than $100 million in assets, or credit unions 
in Groups II, III, IV, and V) appeared to be offering very similar 
services to peer banks. Moreover, as nearly 90 percent of all credit 
unions had less than $100 million in assets as of December 31, 2002, 
the results depicted in Figure 24 are influenced more heavily by these 
institutions.

Figure 24: Percentage of All Credit Unions and All Banks Holding 
Various Loans, as of 2002:

[See PDF for image]

Note: Data are as of December 31, 2002, and are based on all federally 
insured credit unions and banks and thrifts filing call reports. 
Insured U.S. branches of foreign-chartered institutions and banks we 
determined had emphases in credit card or mortgage loans are excluded. 
Bank data on mortgages exclude thrifts. Credit union data on other 
consumer loans may include member business and agricultural loans.

[End of figure]

Figure 25: Percentage of Credit Unions and Banks with Assets of $100 
Million or Less Holding Various Loans, as of 2002:

[See PDF for image]

Note: Data are as of December 31, 2002, and are based on all federally 
insured credit unions and banks and thrifts filing call reports. 
Insured U.S. branches of foreign-chartered institutions and banks we 
determined had emphases in credit card or mortgage loans are excluded. 
Bank data on mortgages exclude thrifts. Credit union data on other 
consumer loans may include member business and agricultural loans.

[End of figure]

Figure 26: Percentage of Credit Unions and Banks with Assets between $1 
Billion and $18 Billion Holding Various Loans, as of 2002:

[See PDF for image]

Note: Data are as of December 31, 2002, and are based on all federally 
insured credit unions and banks and thrifts filing call reports. 
Insured U.S. branches of foreign-chartered institutions and banks we 
determined had emphases in credit card or mortgage loans are excluded. 
Bank data on mortgages exclude thrifts. Credit union data on other 
consumer loans may include member business and agricultural loans.

[End of figure]

Figure 27: Percentages of Credit Unions and Banks Holding Various 
Loans, by Institution Size, as of 2002:

[See PDF for image]

Note: Data are as of December 31, 2002, and are based on all federally 
insured credit unions and banks and thrifts filing call reports. 
Insured U.S. branches of foreign-chartered institutions and banks we 
determined had emphases in credit card or mortgage loans are excluded. 
Bank data on mortgages exclude thrifts. Credit union data on other 
consumer loans may include member business and agricultural loans. 
Group I credit unions had assets of $100 million or less; Group II 
credit unions had assets greater than $100 million and less than or 
equal to $250 million; Group III credit unions had assets greater than 
$250 million and less than or equal to $500 million; Group IV credit 
unions had assets greater than $500 million and less than or equal to 
$1 billion; and Group V credit unions had assets greater than $1 
billion and less than or equal to $18 billion, which is the asset size, 
rounded up to the nearest billion dollars, of the largest credit union 
as of December 31, 2002.

[End of figure]

[End of section]

Appendix V: Credit Union Services, 1992-2002:

In the absence of detailed time series data on the provision of 
services by credit unions, we used holdings of various loans, including 
mortgage and consumer loans, as well as other variables, as rough 
measures of credit union services over time. We also separated credit 
unions by asset size to illustrate any differences in provision of 
services by this criterion. For illustrative purposes, we compared the 
smallest credit unions (those with assets of $100 million or less) with 
the largest credit unions (those with more than $1 billion in assets).

The percentage of all credit unions holding first mortgage loans has 
increased every year since 1992 (see fig. 28). However, nearly twice as 
many credit unions hold new and used vehicle loans as first mortgage 
loans.

Figure 28: Percentage of Credit Unions Holding Various Loans, 1992-
2002:

[See PDF for image]

Note: Data are as of December 31 and are based on all federally insured 
credit unions filing call reports.

[End of figure]

Calculating the percentage of loan amounts held to total assets can 
reveal the relative importance of each type of loan to credit unions. 
Figure 29 shows that first mortgage loans have increased in importance, 
surpassing each of the other loan holdings.

Figure 29: Percentage of Assets Held in Various Loans by All Credit 
Unions, 1992-2002:

[See PDF for image]

Note: Data are as of December 31 and are based on all federally insured 
credit unions filing call reports.

[End of figure]

Although nearly all credit unions have offered regular shares (savings 
accounts), over the years, the percentage of those offering share 
drafts (checking accounts) and money market shares has increased, as 
illustrated in figure 30.

Figure 30: Percentage of Credit Unions Offering Various Accounts, 1992-
2002:

[See PDF for image]

Note: Data are as of December 31 and are based on all federally insured 
credit unions filing call reports. Regular shares are savings accounts 
and share drafts are checking accounts.

[End of figure]

The number of employees could have an effect on the provision of 
services as well. Figure 31 shows that industry consolidation has not 
adversely affected employment. Even though the industry shrank in terms 
of the number of institutions from 12,595 in 1992 to 9,688 in 2002, a 
decline of 23 percent, the number of full-time employees went from 
119,480 in 1992 to 180,401 in 2002, an increase of 51 percent.

Figure 31: Credit Union Employees and Number of Credit Unions, 1992-
2002:

[See PDF for image]

Note: Data are as of December 31 and are based on all federally insured 
credit unions filing call reports.

[End of figure]

The differences between the smallest credit unions (those with $100 
million or less in assets) and the largest credit unions (those with 
more than $1 billion in assets) are also apparent in the types of loans 
held and their relative importance for each group over time (see figs. 
32 and 33). Nearly all of the smallest credit unions have emphasized 
new and used vehicle loans, but typically less than one-half of these 
credit unions have held other loan types. As of December 31, 2002, used 
vehicle loans were the relatively most important loan holding for the 
smallest credit unions, surpassing new vehicle loans. Almost all of the 
largest credit unions have held most types of loans over the past 
decade, with the exception of member business loans--but the percentage 
of the largest credit unions holding these has been steadily growing 
and, as of December 31, 2002, roughly three out of four of these credit 
unions held them. First mortgage loans have consistently been the most 
important loan holding of the largest credit unions, and they now 
represent nearly one-quarter of the asset mix of these credit unions.

Figure 32: Percentage of Credit Unions, Smallest versus Largest, 
Holding Various Loans, 1992-2002:

[See PDF for image]

Note: Data are as of December 31 and are based on all federally insured 
credit unions filing call reports. The smallest credit unions (Group I) 
are those with $100 million or less in assets while the largest credit 
unions (Group V) are those with more than $1 billion in assets.

[End of figure]

Figure 33: Percentage of Assets Held in Various Loans, Smallest versus 
Largest Credit Unions, 1992-2002:

[See PDF for image]

Note: Data are as of December 31 and are based on all federally insured 
credit unions filing call reports. The smallest credit unions (Group I) 
are those with $100 million or less in assets while the largest credit 
unions (Group V) are those with more than $1 billion in assets.


[End of figure]

As of December 31, 2002, we observed a gap in services offered by 
smaller credit unions and larger credit unions (see fig. 34). While 
larger credit unions--those with assets of more than $100 million--
accounted for just over 10 percent of all credit unions, they offered 
more services than smaller credit unions. For example, nearly all of 
the larger credit unions held mortgage loans and credit card loans, 
while only around one-half of the smaller credit unions held these 
loans.

Figure 34: Differences among Services Offered by Smaller and Larger 
Credit Unions, as of 2002:

[See PDF for image]

Note: Data are as of December 31, 2002, and are based on all federally 
insured credit unions filing call reports. In this figure, larger 
credit unions are those with more than $100 million in assets while 
smaller credit unions are those with $100 million or less in assets.

[End of figure]

The discrepancy in the services offered by smaller and larger credit 
unions is more accurately illustrated through an analysis of more 
recently collected data on more sophisticated product and service 
offerings, such as the availability of automatic teller machines (ATM) 
and electronic banking (see fig. 35). While less than half of the 
smallest credit unions offered ATMs and one-third offered financial 
services through the Internet, nearly all larger credit unions offered 
these services.

Figure 35: Credit Union Size and Offerings of More Sophisticated 
Services, as of 2002:

[See PDF for image]

Note: Data are as of December 31, 2002, and are based on all federally 
insured credit unions filing call reports. Group I credit unions had 
assets of $100 million or less; Group II credit unions had assets 
greater than $100 million and less than or equal to $250 million; Group 
III credit unions had assets greater than $250 million and less than or 
equal to $500 million; Group IV credit unions had assets greater than 
$500 million and less than or equal to $1 billion; and Group V credit 
unions had assets greater than $1 billion and less than or equal to $18 
billion, which is the asset size, rounded up to the nearest billion 
dollars, of the largest credit union as of December 31, 2002.

[End of figure]

[End of section]

Appendix VI: Characteristics of Credit Union and Bank Users:

This appendix provides additional information on the characteristics--
age, education, and race/ethnicity--of households that use banks and 
credit unions. For figures 36, 37, and 38, we analyzed data from the 
Federal Reserve's 2001 Survey of Consumer Finances (SCF). The 
categories we used to describe these households--credit union users and 
bank users--included those who only and primarily used each of these 
institutions. To supplement our analyses of households by race, we also 
analyzed 2001 loan application records from the Home Mortgage 
Disclosure Act database (HMDA) (see fig. 39). As we did with our 
analysis of HMDA income data, we only analyzed records for home 
purchase loans actually made for the purchase of one-to-four family 
homes.

Figure 36: Households Using Credit Unions and Banks, by Education 
Level, 2001:

[See PDF for image]

[End of figure]

Figure 37: Households Using Credit Unions and Banks, by Age Group, 
2001:

[See PDF for image]

Note: Percentages do not add to 100 percent due to rounding.

[End of figure]

Figure 38: Households Using Credit Unions and Banks, by Race and 
Ethnicity, 2001:

[See PDF for image]

Note: Percentages do not add to 100 percent due to rounding.

[End of figure]

Figure 39: Mortgages Made by Credit Unions and Banks, by Race and 
Ethnicity, 2001:

[See PDF for image]

Notes: The "other" category includes data reported for American 
Indians, Alaskan natives, Asian or Pacific islanders, and those from 
the HMDA "other" category. We collapsed these categories to create 
groups similar to the ones used by the SCF. However, in our HMDA 
analysis, we only included mortgages made by peer group banks (banks 
with less than $16 billion in assets) whereas the SCF did not exclude 
households using banks with more than $16 billion in assets.

[End of figure]

Fifteen percent of the HMDA data reported by credit unions and 6 
percent of the HMDA data reported by banks lacked race and ethnicity 
data. As such, the data in this figure may not represent the exact 
proportion of mortgage loans by race. We also found that the proportion 
of loans without data varied by the asset size of institutions. For 
example, race data were missing for 23 percent of credit unions with 
assets of more than $500 million compared with about 3 percent for 
credit unions with less than $50 million in assets. Similarly, race 
data were missing for about 8 percent of peer group banks with more 
than $500 million in assets compared with about 4 percent of banks with 
less than $50 million in assets. However, since these larger 
institutions made most of the loans, missing data from these 
institutions account for more than 80 percent of all the missing data.

[End of section]

Appendix VII: Key Changes in NCUA Rules and Regulations, 1992-2003:

Since 1992, changes to the National Credit Union Administration's 
(NCUA) rules and regulations governing credit unions generally expanded 
the powers of credit unions to offer products and services, and 
broadened the activities in which they could engage. With the exception 
of member business lending, which NCUA constrained during the 1990s, 
federally chartered credit unions gained authority to, among other 
things, (1) invest in a wider variety of financial instruments, (2) 
offer services through the Internet, and (3) profit from referring 
members to products, such as insurance and investments, sold by third 
parties. Also, NCUA increased the number of activities in which credit 
union service organizations (CUSO) could engage, including student loan 
and business loan origination. In September 2003, NCUA expanded credit 
union powers in member business lending to permit well-capitalized 
credit unions to make unsecured member business loans within certain 
limits, among other things. See table 10 for a timeline of key changes 
to NCUA rules and regulations.

Table 10: Timeline of Key Changes to NCUA Rules and Regulations, 
January 1992-September 2003:

Effective date: January 1992; Key change: NCUA limited member business 
loans in response to losses to credit unions, their members, and the 
National Credit Union Share Insurance Fund. NCUA established loan 
security requirements, limits on loans to one borrower, and an 
aggregate portfolio cap on construction and development loans at 15 
percent of reserves for federally insured credit unions.

Effective date: September 1996; Key change: NCUA allowed credit unions 
serving predominantly low-income members to raise secondary capital 
from foundations and other philanthropic-minded institutional 
investors, to help credit unions make more loans, and improve services 
to low-income members.[A] NCUA required credit unions to establish 
certain uninsured or other form of nonshare accounts for secondary 
capital.

Effective date: January 1998; Key change: NCUA codified additional 
powers of federally chartered credit unions to act as trustees and 
custodians of Roth Individual Retirement Accounts (IRA) and Education 
IRAs, which is in addition to those trustee and custodian services they 
had been authorized to provide for other kinds of pension and 
retirement plans for approximately the previous 23 years.

Key change: Effective dateApril 1998: NCUA changed its investment rule 
to focus on risk management (previous focus was on specific financial 
instruments for federal credit unions). NCUA established new 
requirements for assessing and managing risk associated with federally 
chartered credit union investment activities.

Effective date: April 1998; Key change: NCUA codified additional 
preapproved CUSO activities to include student loan origination, 
disaster recovery services, additional checking and currency services, 
and electronic income tax filing services, among others.

Effective date: August 1998; Key change: Credit Union Membership Access 
Act (CUMAA) became law. CUMAA provisions cap the aggregate portfolio 
amount of member business loans for federally insured credit unions, 
with exceptions.

Effective date: March 2000; Key change: NCUA allowed federally 
chartered credit unions in specified locations outside the United 
States to offer trustee or custodian services for IRAs.

Effective date: August 2001; Key change: NCUA issued legal opinion that 
permitted a federally chartered credit union employee to be a shared 
employee with a third party and, while acting in the capacity of an 
employee of the third party, to sell nondeposit investment products and 
provide investment advice. NCUA continued to restrict federally 
chartered credit union employees, acting as an employee of the credit 
union, from selling nondeposit investment products or providing 
investment advice.

Effective date: September 2001; Key change: NCUA's Incidental Powers 
Regulation became effective. This rule codified a broad range of 
activities, products, and services that federally chartered credit 
unions could offer directly to members, and which NCUA had previously 
recognized in legal opinions or had recognized in other regulations. 
One change, which permits federally chartered credit unions to earn 
income directly from finder activities (the referral of members to 
outside vendors, such as investment and insurance brokers), had the 
effect of making it unnecessary to use a CUSO in third-party networking 
arrangements in order to receive income. Key powers codified in the 
regulation include: electronic financial services, finder activities, 
loan-related products, such as debt suspension agreements,and trustee 
services.b There is overlap of the activities in which federally 
chartered credit unions and CUSOs may engage (for example, consumer 
mortgage origination), but there are also activities only permissible 
for CUSOs (for example, general trust services and travel agency 
services).

Effective date: February 2002; Key change: NCUA issued a legal opinion 
on how federally chartered credit unions can provide nonmembers, such 
as agricultural workers with familial ties to foreign countries, with 
wire transfer services. While expressly restricting unlimited services 
to nonmembers, NCUA permitted federally chartered credit unions to (1) 
establish nondividend-bearing accounts for people within its field of 
membership, (2) provide wire transfer services as a promotional 
activity on a limited basis, and (3) provide services as a charitable 
activity, so long as the recipients of the charitable services were 
within the credit union's field of membership.

Effective date: March 2002; Key change: NCUA's Regulatory Flexibility 
Program became effective. NCUA relieved eligible federally and state-
chartered credit unions from certain NCUA regulations relating to 
permissible investments and investment management requirements, limits 
on share deposits from public entities and nonmembers, approval 
processes for charitable contributions, and limits on ownership of 
fixed assets.

Effective date: July 2003; Key change: NCUA expanded investment powers 
of certain federally chartered credit unions to allow them to purchase 
financial instruments that were previously prohibited, including 
commercial mortgage-related securities and equity options.[C].

Key change: Effective dateSeptember 2003: NCUA permitted federally 
insured credit unions to open branches in foreign countries, with 
conditions.

Effective date: September 2003; Key change: NCUA amended its CUSO rule 
to permit CUSOs to originate business loans.

Key change: Effective dateKey change: NCUA amended its member business 
loan rule to allow eligible federally insured credit unions to make 
unsecured member business loans, with limits, and to permit the 
exclusion of purchased nonmember loans and nonmember participation 
interests from the aggregate business loan limit, among other things.

Sources: GAO, NCUA, Federal Register.

Note:

[A] Secondary capital can take the form of investments into an 
institution by nonmembers, such as foundations, corporations, and other 
financial institutions. The investments are subordinated to all other 
credit union debt, and are used to absorb losses.

[B] Debt suspension agreements are contracts between a lender and a 
borrower where the lender agrees to suspend scheduled installment 
payments for an agreed period in the event the borrower experiences 
financial hardship.

[C] Equity options are limited to those that would be purchased for the 
sole purpose of offering dividends based on the performance of an 
equity index.

[End of table]

[End of section]

Appendix VIII: NCUA's Budget Process and Industry Role:

The National Credit Union Administration (NCUA) changed its budget 
process in 2001 to allow outside parties, including credit unions and 
trade organizations, to submit comments on the budget. While outside 
parties can submit their budget suggestions and concerns at any time, 
NCUA has a formal budget briefing where these parties can officially 
submit their comments. This briefing takes place at the latter stage of 
NCUA's budget process. The changes NCUA has made to its budget process 
come during a period in which NCUA has been reducing the growth in its 
budgets.

NCUA has two main sources of funding for its operating costs. According 
to NCUA, 62 percent of the funds for operating costs in their 2002 
budget came from the National Credit Union Share Insurance Fund 
(NCUSIF), administered by NCUA. NCUSIF is principally financed from 
earnings (income) on investments purchased using the deposits of 
federally insured credit unions. Funds are transferred from the 
insurance fund through a monthly accounting procedure known as the 
overhead transfer to cover costs associated with ensuring that insured 
deposits are safe and sound. The remaining 38 percent of NCUA's funds 
for its operating costs came primarily from operating fees assessed on 
federally chartered credit unions, for which NCUA has oversight 
responsibility.

NCUA Budget Process Now Includes Step for Outside Parties to Submit 
Comments:

NCUA budgets on a calendar-year basis, and its board sets the policies 
and overall direction for the budget. In July and August prior to the 
next budget year, the NCUA regional offices submit their workload and 
program needs. NCUA's examination and insurance officials in 
headquarters assess the information and formulate proposed program 
hours, which along with historical actual expenditures are the basis 
for the proposed budget. In September and October, the Chief Financial 
Officer (CFO) reviews and analyzes the figures, conducts briefings with 
office directors, and makes adjustments. In November, NCUA holds a 
public briefing where interested parties, including credit unions and 
trade associations, have the opportunity to comment. Later in November, 
the CFO briefs the board prior to final budget adjustments. 
Additionally, in July of the budget year, there is a midyear budget 
review to determine if any adjustments need to be made to the budget. 
According to NCUA officials, NCUA also conducts a variance analysis on 
the budget on a monthly basis and a more comprehensive review at the 
end of the year.

According to NCUA, credit unions and other stakeholders can submit 
their budget suggestions and concerns at any time. Normally, 
suggestions come between August and November while NCUA is working on 
the budget. For the public budget hearing, credit unions can address 
the board for 5 minutes or submit a written document.

Recent budget concerns by credit unions have centered on lessening the 
costs to credit unions for NCUA oversight. Credit unions have raised 
specific concerns about the number of NCUA staff or full-time 
equivalents, the salaries of NCUA staff, and the overhead transfer rate 
from the insurance fund. According to NCUA data, its average full-time 
equivalent cost is less than that of the Federal Deposit Insurance 
Corporation (FDIC) and the Office of the Comptroller of the Currency 
(OCC) and equal to that of the Office of Thrift Supervision (OTS). 
Nevertheless, NCUA has responded to concerns over its salary levels by 
deciding to undertake a pay study.

NCUA Has Reduced Its Budget Growth in Recent Years:

In recent years, NCUA has been successful in slowing its budget growth. 
After 10-percent annual growth from 1998 to 2000, NCUA budget growth 
has decreased to an average of about 3 percent in 2000-2003 (see fig. 
40). The NCUA board's budget priorities have been to streamline 
business processes, increase efficiencies, control budget growth, and 
match resources to mission requirements, while maintaining effective 
examination processes and products. NCUA is seeking budget savings by 
adopting a risk-focused examination approach, extending the examination 
cycle, adopting more flexible rules and regulations, increasing 
efficiencies from technology (such as videoconferencing), and 
consolidating two of their regions into one.

Figure 40: NCUA Budget Levels, 1992-2004: 

[See PDF for image]

Note: The 2004 projected budget is expected to increase between 4.0 and 
4.5 percent from the 2003 budget level.

[End of figure]

NCUA's authorized full-time equivalent staff level decreased over 7 
percent from 1,049 in 2000 to 971 in 2003 (see fig. 41). This level of 
staff reductions has been partly in response to changes in the 
industry. Since 1998, the number of federally insured credit unions has 
decreased steadily by about 3 percent per year.

Figure 41: NCUA-authorized Staffing Levels, 1992-2003:

[See PDF for image]

[End of figure]

[End of section]

Appendix IX: NCUA's Implementation of Prompt Corrective Action:

Section 301 of the Credit Union Membership Access Act (CUMAA)amended 
the Federal Credit Union Act to require the National Credit Union 
Administration (NCUA) to adopt a system of prompt corrective action 
(PCA) for use on credit unions experiencing capitalization 
problems.[Footnote 127] The goal of requiring PCA is to resolve the 
problems of insured credit unions with the least possible long-term 
loss to the National Credit Union Share Insurance Fund (NCUSIF). In 
that regard, NCUA was required to prescribe a system of PCA consisting 
of three principal components: (1) a comprehensive framework of 
mandatory supervisory actions and discretionary supervisory actions, 
(2) an alternative system of PCA for "new" credit unions, and (3) a 
risk-based net worth (RBNW) requirement for "complex" credit 
unions.[Footnote 128] Furthermore, section 301 also required NCUA to 
report to Congress on how PCA was implemented and how PCA for credit 
unions differs from PCA for other depository institutions. NCUA 
submitted this report in May 2000. In addition, NCUA submitted a 
further report to Congress that described how NCUA carried out the RBNW 
requirements for credit unions and how these requirements differed from 
RBNW requirements of other depository institutions (see table 11).

Table 11: CUMAA Mandates and NCUA Actions on PCA Regulation 
Implementation:

CUMAA mandates to NCUA: PCA actions:

CUMAA mandates to NCUA: Issue PCA proposed rule; CUMAA deadlines: May 
1999; NCUA action dates: Issued May 1999.

CUMAA mandates to NCUA: Issue the PCA final rule; CUMAA deadlines: 
February 2000; NCUA action dates: Issued February 2000.

CUMAA mandates to NCUA: Issue PCA report to Congress; CUMAA deadlines: 
February 2000; NCUA action dates: Issued May 2000.

CUMAA mandates to NCUA: Implement PCA; CUMAA deadlines: August 2000; 
NCUA action dates: Implemented August 2000 [A].

CUMAA mandates to NCUA: RBNW requirements actions:

CUMAA mandates to NCUA: Issue RBNW requirements (Advance Notice of 
Proposed Rulemaking); CUMAA deadlines: February 1999; NCUA action 
dates: Issued October 1998.

CUMAA mandates to NCUA: Issue RBNW requirements proposed rule[B]; CUMAA 
deadlines: [C]; NCUA action dates: Issued February 2000.

CUMAA mandates to NCUA: Issue RBNW requirements final rule; CUMAA 
deadlines: August 2000; NCUA action dates: Issued July 2000.

CUMAA mandates to NCUA: Issue RBNW requirements report to Congress [B]; 
CUMAA deadlines: [C]; NCUA action dates: Issued November 2000.

CUMAA mandates to NCUA: Implement RBNW requirements final rule; CUMAA 
deadlines: January 2001; NCUA action dates: Implemented January 2001.

Sources: Federal Register 64, no. 95 (18 May 1999): 27090; Federal 
Register 65, no. 34 (18 February 2000): 8560; Federal Register 63, no. 
209 (29 October 1998): 57938; Federal Register 65, no. 34 (18 February 
2000): 8597; Federal Register 65, no. 140 (20 July 2000): 44950; and 
NCUA reports to Congress.

Note:

[A] The PCA final rule applied to credit unions beginning in the fourth 
quarter of 2000.

[B] CUMAA did not set any deadline for NCUA to issue the RBNW 
requirement proposed rule and did not require NCUA to issue a RBNW 
report to Congress.

[C] Not mandated by CUMAA.

[End of table]

After NCUA implemented the initial PCA and RBNW regulations, it formed 
a PCA Oversight Task Force to review at least a full year of PCA 
implementation and recommend necessary modifications.[Footnote 129] 
The task force reviewed the first six quarters of PCA implementation. 
It made several recommendations to improve PCA, including revising 
definitions of terms and clarifying implementation issues. In June 
2002, NCUA issued a proposed rule setting forth revisions and 
adjustments to improve and simplify PCA. In November 2002, after 
incorporating public comments on the proposed rule, NCUA issued the 
final PCA rule adopting the proposed revisions and 
adjustments.[Footnote 130] The final rule became effective on January 
1, 2003.

PCA Incorporates a Comprehensive Framework of Mandatory and 
Discretionary Supervisory Actions:

The PCA rule consists of a comprehensive framework of mandatory and 
discretionary supervisory actions for all federally insured credit 
unions except "new" credit unions.[Footnote 131] The PCA system 
includes the following five statutory categories and their associated 
net worth ratios:

* well-capitalized--7.0 percent or greater net worth,

* adequately capitalized--6.0 to 6.99 percent net worth,

* undercapitalized--4.0 to 5.99 percent net worth,

* significantly undercapitalized--2.0 to 3.99 percent net worth, and:

* critically undercapitalized--less than 2.0 percent net worth.

As noted earlier in the report, mandatory supervisory actions apply to 
credit unions that are classified adequately capitalized or lower. The 
PCA system also includes conditions triggering mandatory 
conservatorship and liquidation.

CUMAA also authorized NCUA to develop a comprehensive series of 
discretionary supervisory actions to complement the mandatory 
supervisory actions. Some or all of these 14 discretionary supervisory 
actions can be applied to credit unions that are classified 
undercapitalized or lower (see table 12).

Table 12: Discretionary Supervisory Actions:

Discretionary supervisory actions: Require NCUA prior approval for 
acquisitions, branching, new lines of business; Statutory net worth 
category: "Undercapitalized" and lower.

Discretionary supervisory actions: Restrict transactions with and 
ownership of CUSOs; Statutory net worth category: "Undercapitalized" 
and lower.

Discretionary supervisory actions: Restrict dividends paid; Statutory 
net worth category: "Undercapitalized" and lower.

Discretionary supervisory actions: Prohibit or reduce asset growth; 
Statutory net worth category: "Undercapitalized" and lower.

Discretionary supervisory actions: Alter, reduce, or terminate any 
activity by credit union or its CUSO; Statutory net worth category: 
"Undercapitalized" and lower.

Discretionary supervisory actions: Prohibit nonmember deposits; 
Statutory net worth category: "Undercapitalized" and lower.

Discretionary supervisory actions: Other actions to further the purpose 
of part 702; Statutory net worth category: "Undercapitalized" and 
lower.

Discretionary supervisory actions: Order new election of board of 
directors; Statutory net worth category: "Undercapitalized" and lower.

Discretionary supervisory actions: Dismiss directors or senior 
executive officers; Statutory net worth category: "Undercapitalized" 
and lower.

Discretionary supervisory actions: Employ qualified senior executive 
officers; Statutory net worth category: "Undercapitalized" and lower.

Discretionary supervisory actions: Restrict senior executive officers' 
compensation and bonus; Statutory net worth category: "Significantly 
Undercapitalized" and lower.

Discretionary supervisory actions: Require merger if grounds exist for 
conservatorship or liquidation; Statutory net worth category: 
"Significantly Undercapitalized" and lower.

Discretionary supervisory actions: Restrict payments on uninsured 
secondary capital; Statutory net worth category: "Critically 
Undercapitalized".

Discretionary supervisory actions: Require NCUA prior approval for 
certain actions; Statutory net worth category: "Critically 
Undercapitalized".

Source: Federal Register 64, no. 95 (18 May 1999): 27096-27098.

[End of table]

The discretionary supervisory actions are tailored to suit the 
distinctive characteristics of credit unions.

An Alternative System for New Credit Unions:

CUMAA required NCUA to develop an alternative PCA system for "new" 
credit unions. In doing so, NCUA recognized that new credit unions (1) 
initially have no net worth, (2) need reasonable time to accumulate net 
worth, and (3) need incentives to become adequately capitalized by the 
time they are no longer new. Accordingly, the PCA system for new credit 
unions has relaxed net worth ratios, allows regulatory forbearance, and 
offers incentives to build net worth. The PCA system for new credit 
unions includes six net worth categories and their associated net worth 
ratios (see table 13).

Table 13: Net Worth Category Classification for New Credit Unions:

New credit union net worth category: "Well-Capitalized"; Net worth 
ratio (Percent): 7.0 or above.

New credit union net worth category: "Adequately Capitalized"; Net 
worth ratio (Percent): 6.0 to 6.99.

New credit union net worth category: "Moderately Capitalized"; Net 
worth ratio (Percent): 3.5 to 5.99.

New credit union net worth category: "Marginally Capitalized"; Net 
worth ratio (Percent): 2.0 to 3.49.

New credit union net worth category: "Minimally Capitalized"; Net worth 
ratio (Percent): 0.0 to 1.99.

New credit union net worth category: "Uncapitalized"; Net worth ratio 
(Percent): Less than 0.

Source: Federal Register 64, no. 95 (18 May 1999): 27099.

[End of table]

Risk-based Net Worth Requirement for "Complex" Credit Unions:

CUMAA also required NCUA to formulate the definition of a "complex" 
credit union according to the risk level of its portfolios of assets 
and liabilities. Well-capitalized and adequately capitalized credit 
unions classified as complex are subject to an additional RBNW 
requirement to compensate for material risks against which a 6.0 
percent net worth ratio may not provide adequate protection. (We 
describe the RBNW requirement in more detail elsewhere in this 
appendix.):

NCUA Submitted Required PCA Report to Congress:

CUMAA mandated that NCUA submit a report to Congress addressing PCA. 
The report, dated May 22, 2000, explains how the new PCA rules account 
for the cooperative character of credit unions and how the PCA rules 
differ from the Federal Deposit Insurance Act's (FDIA) "discretionary 
safeguards" for other depository institutions as well as the reasons 
for the differences.

The report discusses how the PCA rules account for credit unions' 
cooperative character in three areas: their not-for-profit nature, 
their inability to issue stock, and their board of directors consisting 
primarily of volunteers.[Footnote 132] First, the final rule accounts 
for credit unions' not-for-profit nature by permitting a less-than-
well-capitalized credit union to seek a reduction in the statutory 
earnings retention requirement to allow the continued payment of 
dividends sufficient to discourage an outflow of shares. In addition, a 
well-capitalized credit union whose earnings are depleted may be 
permitted to pay dividends from its regular reserve provided that such 
payment would not cause the credit union to fall below the adequately 
capitalized level. Secondly, to account for the inability of credit 
unions to issue capital stock, the final rule relies on the Net Worth 
Restoration Plan, which must be submitted by credit unions classified 
as undercapitalized or lower. Finally, to recognize that credit unions' 
boards of directors consist primarily of volunteers, the rule exempts 
credit unions that are near to being adequately capitalized from the 
discretionary supervisory action authorizing NCUA to order a new 
election of the board of directors.

NCUA reported that the final rule established discretionary supervisory 
actions that are essentially comparable to section 38 of FDIA, which 
specifies "discretionary safeguards" for other depository 
institutions. The report notes that NCUA adopted discretionary 
supervisory actions that are similar to all but two of FDIA's 14 
discretionary safeguards.

NCUA did not adopt FDIA's safeguards requiring selling new shares of 
stock and prior approval of capital distributions by a bank holding 
company. NCUA's rationale for these exclusions was that, unlike banks, 
credit unions cannot sell stock to raise capital and are not controlled 
by holding companies.

NCUA departed from FDIA discretionary safeguards in fashioning three of 
the discretionary supervisory actions: (1) dismissals of senior 
officers or directors, (2) exemption of officers from discretionary 
supervisory actions, and (3) ordering a new election of the boards of 
directors. NCUA reported that the discretionary supervisory action for 
director dismissals departs significantly from its FDIA counterpart. 
The FDIA safeguard protects from dismissal of officials with office 
tenures of 180 days or less, when an institution becomes 
undercapitalized. In contrast, NCUA contends that such a "safe harbor" 
is unnecessary for credit unions. Moreover, NCUA field experience 
supports the view that short-tenured officers can be as responsible as 
others for rapidly declining net worth.

With regard to exempting officers from discretionary supervisory 
actions, NCUA provides conditional relief to credit unions in contrast 
to the FDIA. For example, the report notes that FDIA allows 11 
discretionary safeguards to be imposed on undercapitalized 
institutions. On the other hand, NCUA's comparable discretionary 
supervisory actions can be imposed against undercapitalized credit 
unions in the first tier of that category only when they fail to comply 
with any of CUMAA's four mandatory supervisory actions or fail to 
implement an approved Net Worth Restoration Plan.[Footnote 133] NCUA's 
rationale for granting relief from the relevant discretionary 
supervisory actions is to avoid treating credit unions that are just 
short of adequately capitalized as harshly as those that are almost 
significantly undercapitalized.

NCUA's report states that it modified the discretionary supervisory 
action ordering a new election of the board of directors. Specifically, 
NCUA excludes undercapitalized credit unions from this requirement but 
applies it to significantly undercapitalized and critically 
undercapitalized credit unions. NCUA's exception was based on the 
belief that the safeguard would undermine a defining characteristic of 
credit unions--membership election of directors--and possibly 
discourage members from volunteering to serve as directors. Moreover, 
NCUA noted that its discretionary supervisory action does not compel a 
credit union to replace its board with a NCUA-designated slate; it 
simply requires the membership to reconsider its original choice of 
directors. Finally, the report states that ordering a wholesale 
election of the board of directors may be an overreaction when a credit 
union's net worth is within reach of becoming adequately capitalized.

NCUA Submitted RBNW Report to Congress:

NCUA submitted a report to Congress addressing its RBNW provisions on 
November 3, 2000. In general, the report describes NCUA's comprehensive 
approach to evaluating a credit union's individual risk exposure. It 
explains the RBNW requirement that applies to complex credit unions. 
The RBNW requirement takes into account whether credit unions 
classified as adequately capitalized provide adequate protection 
against risks posed by contingent liabilities, among other risks. 
According to the RBNW report, NCUA's approach (1) targets credit unions 
that carry an above-average level of exposure to material risk, (2) 
allows an alternative method to calculate the amount of net worth 
needed to remain adequately capitalized or well-capitalized, and (3) 
makes available a risk mitigation credit to reflect quantitative 
evidence of risk mitigation.

NCUA reported that its final rule targets credit unions that have 
higher material risk levels, thus warranting an extra measure of 
capital to protect them and NCUSIF from losses. As noted previously, 
credit unions do not issue stocks that create shareholder equity. 
Without shareholder equity to absorb losses, the RBNW requirement 
serves to mitigate most forms of risk in a complex credit union's 
portfolio. Specifically, the RBNW measures the risk level of on-and 
off-balance sheet items in the credit union's "risk 
portfolios."[Footnote 134] The requirement applies only if a credit 
union's total assets at the end of a quarter exceed $10 million, and 
its RBNW requirement under the standard calculation exceeds 6 percent. 
The $10 million asset floor eliminates the burden on credit unions that 
are unlikely to impose a material risk.[Footnote 135]

NCUA uses two methods to determine whether a complex credit union meets 
its RBNW requirement. Under the "standard calculation," each of eight 
risk portfolios is multiplied by one or more corresponding risk 
weightings to produce eight "standard components."[Footnote 136] The 
sum of the eight standard components yields the RBNW requirement that 
the credit union's net worth ratio must meet for it to remain either 
adequately capitalized or well-capitalized. If the RBNW requirement is 
not met, the credit union falls into the undercapitalized net worth 
category. NCUA allows a credit union that does not meet its RBNW 
requirement under the standard calculation to substitute for any of the 
three standard components, a corresponding "alternative component" that 
may reduce the RBNW requirement. The alternative components recognize 
finer increments of risk in real estate loans, member business loans, 
and investments.

Finally, in reporting on the RBNW requirement, NCUA recognized that 
credit unions, which failed under the standard calculation and with the 
alternative components, nonetheless might individually be able to 
mitigate material risk. In such instances, a risk mitigation credit is 
available to credit unions that succeed in demonstrating mitigation of 
interest rate or 
credit risk.[Footnote 137] If approved, a risk mitigation credit will 
reduce the RBNW requirement a credit union must satisfy to remain 
classified as adequately capitalized or above.

[End of section]

Appendix X: Accounting for Share Insurance:

The National Credit Union Share Insurance Fund (NCUSIF) capitalizes its 
insurance fund differently than the Federal Deposit Insurance 
Corporation (FDIC) capitalizes the Bank Insurance Fund (BIF) and the 
Savings Association Insurance Fund (SAIF). For NCUSIF, a cash deposit 
in the fund equal to 1 percent of insured shares, adjusted at least 
annually, must remain on deposit with the fund for the period a credit 
union remains federally insured. This deposit is treated as an asset on 
the credit union's financial statements, and as part of equity on 
NCUSIF's financial statements in an account entitled "Insured credit 
unions' accumulated contributions." If a credit union leaves federal 
insurance, for example to become privately insured, the deposit with 
NCUSIF is refunded. However, if the National Credit Union 
Administration's (NCUA) board assesses additional premiums in order to 
maintain the minimum required equity ratio, the premiums are treated as 
an operating expense on the credit unions' financial statements and 
would not be refunded. Since 2000, NCUA has not made any distributions 
to contributing credit unions because the fund did not exceed the NCUA 
board's specific operating level. And, between 1990 and 2002, federally 
insured credit unions were assessed premiums only in 1991 and 1992, 
when the fund's equity declined below the mandated minimum normal 
operating level of 1.20 percent of insured shares.[Footnote 138]

However, unlike federally insured credit unions, federally insured 
banks and thrifts operate exclusively under a premium-based insurance 
system. This system requires banks and thrifts to remit a premium 
payment of a specified percent of their balance of insured deposits 
twice a year to FDIC to obtain federal deposit insurance. Each bank or 
thrift treats the premium as an expense in its financial statements, 
while FDIC recognizes the premium as income in its financial 
statements. If a bank or thrift elects to not continue its federal 
deposit insurance, its premiums are, unlike the NCUSIF insurance 
deposit, nonrefundable.

The Federal Deposit Insurance Corporation Improvement Act (FDICIA), 
enacted in December 1991, contained some important provisions including 
risk-based premiums for BIF and SAIF. FDIC developed and then 
implemented the risk-based premium system on January 1, 1993. Under the 
system, institutions were categorized according to a capital subgroup 
(1, 2, or 3)and a supervisory subgroup (A, B, or C).[Footnote 139] 
This resulted in the best-rated institutions being categorized as 1-A 
and the worst institutions as 3-C. These categorizations result in a 
range of premium costs, with the best-rated institutions paying the 
lowest premium and the worst-rated institutions paying the highest 
premium.

In August 2000, FDIC issued a report that discussed the current deposit 
insurance system, including the existence of two separate funds, an 
insurance pricing system that may provide inappropriate incentives for 
risk and growth, and issues of fairness and equitable insurance 
coverage, and offered possible solutions. The report warned that this 
system might require banks to fund insurance losses when they can least 
afford it. Solutions offered in the report included (1) merging BIF and 
SAIF, (2) improving the pricing of insurance premiums through a number 
of options, and (3) setting a "soft" target for the reserve ratio, 
which would allow the deposit insurance fund balances to grow during 
favorable economic periods, thereby smoothing premium costs over a 
longer period of time. As a result of FDIC's report, legislation is 
pending that may provide additional reforms of the deposit insurance 
system, including pricing of insurance.

As did BIF and SAIF, American Share Insurance (ASI), the private 
primary share insurer, adopted a form of risk-based insurance plan at 
the end of 2000. As does NCUSIF, ASI's member credit unions pay a 
deposit rather than an annual premium assessment to purchase their 
insurance coverage. Prior to December 31, 2000, all of ASI's insured 
credit unions were required to maintain a deposit of 1.3 percent of 
each member's total insured share amounts, compared with 1.0 percent 
that federally insured credit unions maintain with NCUSIF. With its 
change to a risk-based system, ASI's insurance coverage now requires a 
range--a minimum deposit of 1.0 percent up to a maximum of 1.3 percent 
for each credit union depending on the credit union's CAMEL 
rating.[Footnote 140]

The FDIC study of risk-based pricing indicated that one of the negative 
aspects of not pricing to risk is that new institutions and fast-
growing institutions are benefiting at the expense of their older and 
slower-growing competitors. Rapid deposit growth lowers a fund's equity 
ratio and increases the probability that additional failures will push 
a fund's equity ratio below the minimum requirements, resulting in a 
rapid increase in premiums for all institutions.

[End of section]

Appendix XI: Comments from the National Credit Union Administration:

National Credit Union Administration:

October 10, 2003:

Office of the Chairman:

Richard J. Hilman, Director:

Financial Markets and Community Investment United States General 
Accounting Office Washington, D.C.

Re: Draft GAO Report 04-91:

Dear Mr. Hilman:

Thank you for the opportunity to review and comment on GAO's draft 
report entitled Credit Unions' Financial Condition Has Improved But 
Opportunities Exist to Enhance Oversight and Share Insurance 
Management. On behalf of the National Credit Union Administration 
(NCUA), I would like to express our appreciation for the 
professionalism exhibited by your staff, our gratitude for the dialogue 
between NCUA and GAO throughout your study, and our concurrence with 
most of your assessments regarding the challenges facing the National 
Credit Union Administration (NCUA) and credit unions since 1991. The 
discussion below responds specifically to your report's conclusions and 
recommendations.

Financial Condition of Industry:

NCUA concurs with the report's assessment that overall the financial 
health and stability in credit unions has significantly improved since 
1991. NCUA has made notable progress in ensuring the safety and 
soundness of the National Credit Union Share Insurance Fund (NCUSIF) 
and providing proactive oversight of federally-insured credit unions. 
Problem credit unions have declined and capital has substantially 
increased. As noted in your report, the number of problem credit unions 
declined since 1992 by 63 percent. During this same period assets grew 
by 116 percent. Despite the strong asset growth, net worth in relation 
to assets increased by a third. Net worth grew by 186 percent, adding 
39 billion more dollars in protection to the credit union system.

Your report also correctly identifies the increasing concentration of 
assets in larger, complex credit unions. Recognizing this trend, NCUA 
responded by implementing the risk-focused examination (RFE) program. 
As your report notes, the RFE program enables NCUA to focus our 
resources on areas of risk. Further, the subject matter examiner (SME) 
program, a key component of the RFE program, is enabling us to develop 
staff with the necessary expertise and allocate them where needed. In 
addition, NCUA is continuing to study [NOTE 1] means to further 
enhance our supervision of larger, complex credit unions, while 
maintaining our ongoing effective supervision of the 80 percent of 
credit unions that have less than $50 million in assets.

NCUA also concurs with the report's recommendation to continue to work 
closely with the Federal Financial Institutions Examination Council 
(FFIEC) agencies to leverage the knowledge and experience the other 
regulators have gained in administering a risk-focused examination 
program. Your report notes that NCUA coordinated closely with our FFIEC 
counterparts in developing and implementing the RFE program, and we 
will continue this coordination as we make ongoing improvements in our 
approach to supervising federally-insured credit unions.

Credit Union Mission of Serving Individuals of Modest Means:

NCUA respectfully does not concur with the report's recommendation that 
the agency initiate a program or requirement to undertake the 
collection of additional data beyond that presently being provided on 
the extent to which credit unions are serving low and moderate income 
members in underserved areas. Implementation of this recommendation 
would impose significant and unnecessary data collection and reporting 
burdens on credit unions [NOTE 2] and would be especially problematic 
and burdensome for small credit unions that generally operate with 
limited resources and rely heavily on volunteers. Also, given their 
democratic control and not-for-profit organizational structure, credit 
unions are uniquely positioned to reach out and serve these low-income 
consumers, and have neither motive to do otherwise nor a record of 
failing to do so. Indeed, Congress has amended both the Community 
Reinvestment Act (CRA) and the Federal Credit Union Act on numerous 
occasions since enactment of CRA in 1977. However, they have chosen 
not to impose CRA-like requirements on credit unions, specifically 
having rejected such proposals when offered.

Your report draws conclusions based on an analysis primarily drawn from 
limited mortgage lending data, as well as demographic data 
representative of what has primarily been an occupational based (thus 
employed and tending to have better income levels) credit union 
membership. However, as demonstrated in the marketing and business 
plans in the applications of the growing number of credit unions 
requesting community charters and underserved area expansions, there is 
ample evidence to demonstrate that credit unions are both seeking to 
serve, and are indeed serving, the un-banked as well as their low and 
moderate income members. Credit unions accomplish this not only through 
low-cost loans, but also through providing basic financial services 
such as check cashing, direct deposit, no-minimum balance and no-fee 
checking accounts, financial counseling and financial literacy 
programs, bi-lingual operations, among other products and services. The 
important entry point for this segment of the population is access to 
savings and transaction services, eventually maturing into lending, as 
some of these consumers are initially not capable of qualifying for 
loans that meet appropriate safety and soundness criteria.

Available data, some of which is included in your report, already 
indicates that credit unions in record numbers have added underserved 
areas, reached out to entire communities through field-of-membership 
conversions, and received low-income [NOTE 3] designations. In the 
last few years, underserved area expansions have represented the 
majority of all field-of-membership expansions approved. Further, 
access to credit union service has been made available to 61.1 million 
people in underserved areas through the 965 underserved area expansions 
granted since January 2000. The number of federal credit unions serving 
communities has more than doubled since 1998, from 6.2% to 16.5% of all 
federal credit unions. Generally speaking, community charters provide 
credit unions with more opportunities to serve underserved people than 
traditional occupational-based charters. The number of low-income 
designated credit unions has increased dramatically in the last ten 
years, from 1.2% of all federally-insured credit unions in 1993 to 
10.2% currently.

NCUA has been very active in encouraging credit unions to reach out and 
provide service to those with limited access to financial services. Our 
"Access Across America" initiative is one such example. This program 
has focused on creating economic empowerment through expanded credit 
union service into underserved neighborhoods and communities and 
facilitating the sharing of resource information for credit unions 
expanding into these areas. The results of this initiative, now with 
three years of call report data available to make it possible for NCUA 
to track membership growth trends in federal credit unions adopting 
underserved areas in comparison to the membership growth trends in the 
credit union community as a whole, clearly demonstrate that the 
membership growth rate in credit unions with underserved areas 
increased an average of 4.80% annually from 2000 to 2002, a 92.8% 
higher rate than the 2.49% annual membership growth rate for credit 
unions nationwide during the same three year period.

Requiring Report on Internal Controls:

NCUA concurs with your report's recommendation that large credit unions 
(over $500 million in assets) should provide an annual management 
report assessing the effectiveness of the institution's internal 
control structure, and the independent auditor's attestation to 
management's assertions. This is consistent with expectations and best 
practices already established, such as the requirements in place for 
banks via the Federal Deposit Insurance Corporation Improvement Act and 
for public companies under the Sarbanes-Oxley Act of 2002. Further, 
such a requirement would further leverage the ability of NCUA's RFE 
program to focus attention on areas of risk. Your report includes this 
recommendation for congressional consideration. NCUA is providing 
guidance for credit unions on the principles of the Sarbanes-Oxley Act 
that will, among other things, strongly encourage large credit unions 
to voluntarily provide this reporting on internal controls. We expect 
that all large credit unions will follow this guidance, but note that 
NCUA has the authority to implement regulations requiring this should 
it become necessary. Therefore, in our view, legislation regarding this 
subject is not necessary.

Third-Party Vendor Review Authority:

Included among your recommendations is one encouraging NCUA to seek the 
same legislative authority other depository institution regulators have 
to examine third-party vendors. Credit unions often rely heavily on 
third-party vendors for various mission critical or otherwise important 
services and functions (e.g., data processing, technology-based service 
delivery channels, etc.). Given that many of these third-party vendors 
service numerous credit unions, a failure of a vendor poses systemic 
risk. In addition to the financial risk, interruptions of these 
services provided by third-party vendors subject credit unions and 
their members to issues involving privacy, security, and reputation 
risk. While NCUA to date has not experienced insurmountable problems 
associated with the lack of direct authority over third-party vendors 
and has had considerable and effective influence over third-party 
vendors through our supervision of the credit unions who are their 
customers, NCUA would not oppose legislation if brought before Congress 
to provide this authority, provided appropriate discretion is extended 
to the agency in the allocation of agency resources and evaluation of 
risk parameters in utilizing this authority. Because this is a 
statutory issue and not one of existing NCUA regulatory authority 
without being provided a specific congressional authorization, NCUA 
recommends that your report include this as a matter for congressional 
consideration.

Overhead Transfer Rate:

NCUA concurs with your report's recommendation to make improvements to 
the process for determining the overhead transfer rate (OTR). In fact, 
we initiated such an endeavor in November 2002. The report suggests 
recent fluctuations in the rate, and concerns regarding its accuracy, 
are the result of surveys that have not been conducted regularly or 
over sufficient periods of time, and that NCUA is still in the process 
of implementing the recommendations made by the external auditor 
review. NCUA fully implemented all of the external auditor 
recommendations in 2002, and the agency now has an entire year's worth 
of survey results based on the revised process.

Your report recommends we improve our process for determining the OTR 
by consistently applying the rate (i.e., settling on and using the same 
method overtime), updating the rate annually, and completing the survey 
with full representation. NCUA is in the process of researching a more 
consistent method of calculating the OTR that will incorporate the 
recommendations of the external auditor review into a more thorough and 
updated calculation method. Among various refinements, any new method 
will incorporate the use of the most current information, including the 
ongoing revised time survey, to enable the rate to be set annually. 
Further, NCUA will continue to ensure the sample of examiners 
completing time surveys is of sufficient size to be statistically 
valid.

Risk-Based Pricing for Federal Share Insurance:

Your report accurately states that the NCUSIF, as the only deposit 
insurer that has not adopted a risk-based pricing scheme, does not 
allocate costs to institutions based on the relative risk they pose to 
the fund. NCUA feels it must point out that despite the fact all other 
deposit insurers have adopted risk-based pricing, it is not a foregone 
conclusion that the advantages to this approach outweigh the 
disadvantages. Some of the issues that would need to be carefully 
considered with such an approach are the impact on smaller 
institutions, designing an appropriate measure of relative risk, 
[NOTE 4] and avoiding a system that is pro-cyclical. [NOTE 5] Also, 
any risk-based pricing would require action by Congress to amend the 
Federal Credit Union Act, which currently requires uniform pricing 
with respect to the one percent deposit and any insurance premium.

NCUA suggests that a preferable way to provide incentives, impose 
discipline on the industry in this area, and align risk with cost would 
be through adoption of a Prompt Corrective Action (PCA) system based on 
risk-based net worth. [NOTE 6] A PCA system where required net worth 
levels are tied to an institution's risk profile would provide for 
self-regulation and impose a higher cost (albeit indirect) on those 
institutions with high growth and/or riskier operations. This would 
also achieve the goal of linking the insurance fund's protection to 
the risk each institution poses, as higher credit union net worth 
provides for additional cushion against losses to the NCUSIF.

Insurance Fund Loss Estimation Methodology:

NCUA concurs in part with your report's conclusion that the NCUSIF's 
loss reserve methodology warrants study to seek ways to further refine 
our estimates. While we are always interested in applying best 
practices in how we determine the amount of the liability for losses 
from insured credit unions, the current process has proven reasonable. 
Our external auditor has found our loss reserve funding to be 
consistent with generally accepted accounting principles, and never to 
be materially underfunded or overfunded. The precision of the process 
is consistent with the relative materiality of the account and the 
impact on the NCUSIF. Since reserving for losses is an accounting 
exercise in matching current revenues with expenses, our primary focus 
is in ensuring our overall equity level is sufficient to cover the 
risks to the NCUSIF.

NCUA has been in regular contact with the FDIC regarding their 
reserving process. FDIC recently received the recommendations of their 
consultant and are revising their procedures based upon that review. We 
are awaiting receipt of the results of the evaluation, and will review 
the details of the revised FDIC process and our ability to integrate 
their practices within our system.

Private Share Insurance:

NCUA concurs with the report's identification of possible systemic risk 
that could be associated with inadequately capitalized or improperly 
managed private share insurance that lacks the full faith and credit 
backing of a state or the federal government. The asset concentration 
risk with limited borrowing capacity of the private insurer along with 
the lack of any reinsurance presents unique challenges for the eight 
state supervisory authorities where private insurance exists today. 
Additionally, while the 30-day notice termination policy that may be 
employed is a risk mitigation strategy for the private insurer, it 
could become a significant challenge to the state supervisors when such 
an event occurs in a larger credit union. The likelihood of a credit 
union qualifying for federal insurance upon receiving a 30-day private 
insurance termination notice would be doubtful. Finally, the high rate 
of failure to disclose the lack of federal share insurance noted in 
your report presents a unique reputation risk for the state supervisors 
and could also have an impact on federally-insured credit unions due to 
confusion by consumers. It is also important to note that, for credit 
unions insured by the NCUSIF, should insurance termination be required, 
in addition to NCUA's requirement that all members be notified, 
federally-insured credit unions are afforded a hearing and other due 
process rights before termination of insurance, and coverage on member 
deposits remains in place for one year after termination of a credit 
union's federally-insured status.

NCUA concurs with GAO's previous conclusions as stated in the report 
Federal Deposit Insurance Act - FTC Best Among Candidates to Enforce 
Consumer Protection Provisions that members of privately-insured credit 
unions may not be adequately informed that their savings are not 
federally insured and Congress should remove the prohibition in the 
Federal Trade Commission's appropriations preventing their enforcing 
the legally required disclosures.

Thank you again for the opportunity to comment on the draft report. If 
you have any questions or need further information, please feel free to 
contact NCUA Executive Director J. Leonard Skiles at (703) 518-6321.

Sincerely,

Signed by: 

Dennis Dollar: 

Chairman: 

NOTES: 

[1] The primary example of this is the Large Credit Union Pilot 
program.

[2] The information would need to include not just demographic (income) 
information related to members with loans, but to be truly meaningful 
this would need to be captured for all members. Further, the data would 
need to include information on the specific demographics of each credit 
union's field of membership.

[3] Indicating more than 50% of the membership is low income.

[4] FDIC's and ASI's model use CAMEL ratings as part of the risk-based 
pricing determination. Our experience has been that CAMEL ratings are 
not the best proxy of risk because they tend to be lagging indicators 
and have only a modest correlation to actual losses to the fund. In 
addition, linking CAMEL ratings to direct costs would create additional 
conflict regarding the ratings. A more objective model involving the 
risk on an institutions' balance sheet and inherent in the complexity 
of their operations has more intuitive appeal.

[5] Federal Reserve Board Chairman Alan Greenspan's April 2002 
testimony before the Senate Committee on Banking, Housing, and Urban 
Affairs supports the need to avoid a pro-cyclical insurance pricing 
system.

[6] Though PCA currently includes a Risk-Based Net Worth requirement 
for credit unions, it is in addition to the standard requirement 
applicable to all credit unions.

[End of section]

Appendix XII: Comments from American Share Insurance:

ASI: American Share Institute: 

5656 Frantz Road, Dublin, Ohio 43017; 614.764.1900 Fax 614.764.1493; 
800.521.6342; mail@americanshare.com; www.americanshare.com.

[End of table]

October 14, 2003:

Mr. Richard J. Hillman:

Director, Financial Markets and Community Investment Issues:

US General Accounting Office:

441 G Street NW:

Washington, DC 20548:

Dear Mr. Hillman:

Thank you for the opportunity to comment on the draft of the Private 
Share Insurance component (the "Study Section") of your organization's 
broader study of the Credit Union System, titled: Credit Unions: 
Financial Condition Has Improved But Opportunities Exist to Enhance 
Oversight and Share Insurance Management (the "Study").

After reviewing the draft of the Study Section, it is our opinion that 
the GAO has failed to adequately assess the private share insurance 
industry and has drawn conclusions based on assumptions regarding 
future outcomes that lack foundation in actuarial science and fail to 
give credit to the past performance of the sole remaining credit union 
private share insurer, American Share Insurance (ASI). Further, the GAO 
repeatedly, and erroneously, compares private share insurance to that 
of the federal share insurance program, without any consideration being 
given to other private sector insurers or the original principles of 
private share insurance.

Private share insurance for credit unions is an alternative, enabled by 
state, not federal statute that has brought various financial 
innovations to the credit union system which has helped in the system's 
growth and expansion of services to consumers, while providing 
competitive balance in share insurance in those states that have 
authorized its operation.

The Study Section states that the following concerns exist regarding 
private share insurance in the credit union movement, to which we offer 
our rebuttals. The four primary concerns noted are as follow:

A. ASI's risks are concentrated in a few large credit unions and in 
certain states.

The Study Section's conclusions that a "large" credit union creates 
inordinate risk in a private fund and that a limited market naturally 
infers concentration risk are unfounded and presumptuous. A single 
large, high-quality credit union actually provides financial resources 
that improve, not diminish, the financial integrity of the private 
share insurer. Also, the geographic distribution of ASI's insured 
credit unions is a matter of state law. Of the almost 20 states that 
statutorily permit the private share insurance option, nine have 
approved ASI. In the aggregate, ASI insures 19% of the 1,095 state-
chartered credit unions in those states, which in any other private 
sector business would be considered a significant market share, 
especially given the competition. Also, a 19% market presence helps 
diversify the risk assumed by the private program.

B. ASI has limited ability to absorb large (catastrophic) losses 
because it does not have the backing of any government entity.

In its 29-year history, ASI has paid over 110 claims on failed credit 
unions, and more importantly, no member of a privately insured credit 
union has ever lost money in an ASI-insured account. Also, ASI's 
statutory ability to reassess its member credit unions provides a 
significant amount of committed equity for catastrophic losses. 
Further, the company employs numerous programs to mitigate the risk of 
large losses and field examines more than 60% of its insured risk 
annually. Therefore, a sound private deposit insurance program, built 
upon a solid foundation of careful underwriting, continuous risk 
management and the financial backing of its mutual member credit 
unions, can absorb large (catastrophic) losses.

With regard to the government backing, the GAO fails to consider that 
ASI is a private business, licensed at the state level; owned by the 
credit unions it insures; and, managed by a board of directors elected 
by such member credit unions. Private share insurance was never 
intended to have any state or federal guarantees.

C. ASI's lines of credit are limited in the aggregate as to amount and 
available collateral.

The Study Section erroneously views the company's lines of credit as a 
source of capital, when they are solely in place to provide emergency 
liquidity. Proportionately, ASI's committed lines of credit with third 
parties, as a percentage of fund assets, are greater than that of the 
federal share insurer. Comparisons throughout the Study Section are 
often provided on an absolute basis, not a proportionate basis, which 
we believe skews many of the results included in the Study Section.

D. Many privately insured credit unions have failed to make required 
consumer disclosures about the absence of federal insurance of member 
accounts as required under the Federal Deposit Insurance Corporation 
Improvement Act of 1991 (FDICIA), and the Federal Trade Commission 
(FTC) is the appropriate federal agency to enforce such compliance.

FDICIA was passed in December 1991, and not long thereafter, the FTC 
sought and received an exemption from Congress from enforcing the 
consumer disclosure provisions of FDICIA. We concur with the Study 
Section's observations in this regard, and believe privately insured 
credit unions would benefit from FTC's enforcement of such provisions.

Detailed comments supporting and supplementing our above comments are 
attached as Exhibit A.

Very truly yours,

DENNIS R. ADAMS:

President/CEO:

Signed by DENNIS R. ADAMS:

DRA/krb:

Attachment:

Exhibit A:

Detailed Comments on the GAO's Draft Study of Private Share Insurance:

A Component of the GAO's Study Titled:

Credit Unions: Financial Condition Has Improved But Opportunities 
Exist:

To Enhance Oversight and Share Insurance Management:

Submitted By:

American Share Insurance:

October 14, 2003:

A. ASI's risks are concentrated in a few large credit unions and in 
certain states.

All businesses face some degree of concentration risk. For example, 55% 
of all federally insured shares are on deposit at only 230 NCUSIF-
insured credit unions --this represents less than 3% of all federally 
insured credit unions nationally. Despite this natural phenomena, the 
GAO proceeds to raise concern over ASI's risk distribution.

Geographic Risk:

The Study Section states that compared to federally insured credit 
unions, "…relatively few credit unions are privately insured." As of 
December 31, 2002, about 2% of all credit unions are privately insured. 
ASI is currently authorized in nine states and insuring credit unions 
in eight nationally, and is limited to insuring only state-chartered 
credit unions in those states in which the company is authorized to do 
business. In its current states of operation, the company insures 212 
credit unions, comprising $10.8 billion in insured shares. What the 
Study Section fails to report is that these credit unions represent 19% 
of all 1,095 state-chartered credit unions within that limited market, 
and 13.67% of the $80 billion in shares in those same 1,095 credit 
unions. Clearly, private share insurance is more significant to those 
affected states than the Study Section's 2% statistic infers.

The Study Section also reports that 45% of all shares insured by ASI 
are in credit unions chartered in California, as compared to 14.7% for 
the NCUSIF. These facts can be misleading given that ASI has a limited 
market, and the NCUSIF operates in all 50 states. An entirely 
different, but more comparable, result is achieved when one isolates 
the relative risk in these eight states only. Under an assumption that 
both entities are limited to doing business in just the eight ASI 
states, ASI's 45% concentration in California looks significantly less 
daunting when compared to 55% for the NCUSIF. This should offer 
evidence that when placed on equal footing, the relative risk 
concentration variances are reduced materially.

While eight states represent a limited market, they do not necessarily 
represent a geographic concentration risk, as inferred by the Study 
Section. We argue that the company's states of operation represent a 
diverse cross-section of our nation, for example: East Coast - 
Maryland; Midwest - Ohio, Indiana and Illinois; West Coast - California 
and Nevada; Northwest - Idaho; and, Southeast - Alabama.

Statutory Factors:

As a private company, ASI faces various admission obstacles when 
seeking new markets. First, a state must have a state statute that 
allows for an option in share insurance. According to the Study 
Section, a total of approximately 20 state statutes currently allow for 
the share insurance option for their state-chartered credit unions. 
Based on this data, ASI is operating in about 40%-50% of the available 
markets. Furthermore, the actual power to approve such coverage, when 
permitted by statute, is generally resident with the specific state's 
credit union supervisory authority. So, as a private company, to do 
business in any state requires that three basic conditions exist: (1) 
credit union demand; (2) a permissible statute; and, (3) regulatory 
acceptance of the option.

Based on these legislative and regulatory barriers, we take exception 
to the GAO constantly using the federal share insurer, the NCUSIF, as a 
benchmark in evaluating a private company's geographic concentration 
risk. Due to the agency's federal franchise, none of the above 
conditions need be present for the NCUSIF to do business in a state.

Mitigating Concentration Risk:

The business of insuring credit union member deposits is a business of 
risk assumption. Accordingly, the type of risk one assumes drives the 
cost of the program and the risk of ultimate loss to the fund. ASI has 
been very selective in assuming the risk it underwrites, and does a 
thorough job of monitoring and field examining its insured institutions 
on a recurring basis as reported in the Study Section. In addition, the 
Study Section reports that the company has denied insurance coverage to 
certain credit unions representing inordinate risk to the fund, and 
conversely has approved many that satisfy the company's Risk 
Eligibility Standards. Of the 29 credit unions that have converted to 
private share insurance during the past decade, all were at the time, 
and are now, safe and sound credit unions, and all strictly complied 
with the federal requirements to convert insurance. These were not 
problem credit unions fleeing federal supervision. Included in these 
federal requirements is a mail ballot vote of the credit union's entire 
membership.

Risk in a Few Large Credit Unions:

The Study Section reports that ASI has one insured institution that 
represents approximately 25% of its total insured shares, and that its 
"Top Five" credit unions represent 40% of total insured shares. The 
first statistic compares unfavorably to the NCUSIF's reported 
concentration risk in a single institution of 3%, to which we take no 
exception. The risk of a single institution, however, has been 
significantly misrepresented in the Study Section. A large, well 
managed credit union contributes significantly to the financial 
stability of a share insurance program.

When underwriting its current largest institution in 2002, ASI 
considered several risk-mitigating factors, and, as with all applicant 
credit unions, performed a careful analysis of the institution. First, 
the subject institution received (and continues to receive) the highest 
rating available for credit unions. Second, ASI's independent actuaries 
evaluated the adequacy of ASI's capital prior to, and following, the 
underwriting of this credit union, and determined that ASI would 
continue to have a sufficiently high probability of sustaining runs 
even with this credit union in its insurance fund. Lastly, the federal 
insurer and state regulator both approved of the credit union's 
insurance conversion, but only after the credit union took a full mail 
ballot vote of its almost 200,000 members and agreed to satisfy all the 
requirements of consumer disclosure under FDICIA.

With regard to the risk concentrated in a few large credit unions, the 
Study Section fails to report the concentration risk in what would be 
the equivalent of the NCUSIF's "Top Five" federally insured credit 
unions. Proportionately, this would equate to the NCUSIF's top 230 
federally insured credit unions. In terms of asset size, this group of 
230 credit unions represents 45% of the NCUSIF's total insured shares. 
Clearly, the two funds compare on this statistic, when measured on a 
proportionate, not absolute basis.

B. ASI has limited ability to absorb large (catastrophic) losses because 
it does not have the backing of any government entity.

The credit union movement introduced share insurance on the state level 
long before Title II of the Federal Credit Union Act was enacted in 
1971, providing the first federal deposit insurance for credit unions. 
However, private share insurance didn't come of age until the mid 
1970s, as states began to realize the loss of sovereignty in a state 
charter under an all-federal insurance setting.

It was never envisioned that private share insurance would seek, or 
need, any guarantee from a state or federal government to operate. In 
the cooperative spirit of the credit union movement, private share 
insurance was designed to be a credit union-owned and credit union-
operated private fund. Nor was it ever the intent of the framers of 
private share insurance for it to operate without supervision, or 
financial capacity. Accordingly, various state laws were proactively 
sought and passed to permit the private share insurance option, subject 
to admission standards and required approvals. Private share insurance 
was designed to provide credit unions with a comparable - not identical 
--alternative means for protecting member share accounts. Accordingly, 
a government backing for private share insurance was never anticipated, 
and to use the lack of such a guarantee as a criticism of private share 
insurance does not take into account its legislative intent, past 
performance or founding principles.

To our knowledge, no private insurance company, licensed by individual 
states, has a guarantee from the federal government. Further, no 
private insurance company in the U.S. would be able to meet the "deep 
pockets" test of the federal or state governments inferred in the Study 
Section. As evidence of this, the largest insurance company in the 
country reports just under $32 billion in capital from all of its 
various insurance product lines. This is barely 50% of the aggregate 
capital available to the NCUSIF. (Note: This amount is the estimated 
sum of the NCUSIF's balance sheet capital plus the off-balance sheet 
recapitalization liability of its insured credit unions).

Credit union-only insurance funds have a stable history that does not 
track with insurers of thrifts or a combination of thrifts and credit 
unions. Funds that have insured only credit unions (like ASI and the 
NCUSIF) have had very successful track records when it comes to loss 
and risk management. In over 29 years, ASI's loss ratio has been 
significantly below that of its federal counterpart, and ASI has never 
had a year with an operating loss, nor has it ever had to seek any form 
of recapitalization from its member credit unions to bolster the fund 
due to losses.

The reality is that a sound deposit insurance program, built upon a 
solid foundation of careful underwriting, continuous risk management 
and the financial backing of its mutual member credit unions, can exist 
as long as consideration is given to an actuarial analysis of the 
capital adequacy of the program in terms of sufficiently high 
probabilities (over 90%) of being able to withstand runs and multiple 
runs on the system. This is a common analysis that is accepted in the 
insurance industry for various kinds of low frequency, high-severity 
risk programs and is the foundation that the ASI insurance program is 
built upon. Our actuarial analyses and independent actuarial reports 
were provided to the GAO during its investigation. Alternative share 
insurance can be comparable to the NCUSIF, and still not have a 
government backing.

C. ASI's lines of credit are limited in the aggregate as to amount and 
available collateral.

With regard to ASI's committed bank lines of credit, the Study Section 
infers that ASI's ability to absorb losses is reduced since its lines 
of credit are limited in the aggregate as to amount and available 
collateral. We disagree with this inference. The company's lines of 
credit are designed to be solely a liquidity facility. The committed 
lines ensure liquidity of ASI's invested funds; i.e., they provide a 
mechanism for ASI to quickly generate cash to meet liquidity needs, 
without having to liquidate the portfolio. Resources available for 
funding losses are not the same as resources available for providing 
liquidity. Lines of credit are not intended to be a source for funding 
insurance losses. In fact, banks would not provide a loan for such a 
purpose. ASI's assets and its off-balance sheet sources of funding 
(i.e., the power to recapitalize the fund by insured credit unions 
under the ASI's governing statute and insurance policy) are its capital 
sources for funding losses, not the bank lines of credit.

Proportionately, ASI's lines of credits are greater than that of the 
NCUSIF. ASI's $90 million in committed lines of credit equates to 
approximately 47% of the company's total assets. NCUSIF's $1.6 billion 
maximum borrowing capacity ($100 million from the U.S. Treasury and 
$1.5 billion from the Central Liquidity Facility, as disclosed in the 
NCUSIF's and CLF's audited financial statements for the year ended 
December 31, 2002), equates to approximately 28% of its total assets.

ASI has other sources of liquidity when it liquidates a credit union -
-that is the credit union's own liquid assets. Approximately 42% of 
ASI's primary insured credit unions' total assets are comprised of cash 
and investments - we believe this is significant. In addition, the non-
liquid assets (namely loans and fixed assets) of a failed institution 
can be pledged as collateral for additional borrowings to generate 
short-term liquidity until such loans and other assets can be collected 
and/or sold. In essence, a failed credit union's total assets over time 
often generate sufficient liquidity to pay shareholders. Any shortage 
(historically less than 4% of total assets of the failed institution) 
is usually funded as a loss by ASI's assets. This is the same principle 
under which NCUSIF operates.

Many privately insured credit unions have failed to make required 
consumer disclosures about the absence of federal insurance of member 
accounts as required under the Federal Deposit Insurance Corporation 
Improvement Act of 1991 (FDICIA), and the Federal Trade Commission 
(FTC) is the appropriate federal agency to enforce such compliance.

The Study Section reference to the GAO's August 20, 2003 study titled: 
Federal Deposit Insurance Act: FTC Best Among Candidates to Enforce 
Consumer Protection Provisions (GAO-03-971) reiterates the GAO's 
earlier concern that "…members of privately insured credit unions might 
not be adequately informed that their deposits are not federally 
insured…":

Although the statement may be accurate, any implication that ASI and 
its member credit unions are purposefully misleading consumers fails to 
directly implicate the Federal Trade Commission (FTC) who, with the 
concurrence of Congress, has totally disregarded its statutory 
responsibility to regulate the disclosure requirements as defined by 
Section 151 (g) of FDICIA, codified at 12 U.S.C. § 1831 (t)(g).

We believe that the GAO's earlier study brought to light the problems 
that arise when a federal law effectively lacks an enforcement agency, 
and we support the GAO's previous conclusion that the FTC is the 
appropriate agency for monitoring and defining private share insurance 
consumer disclosure requirements.

This concludes ASI's detailed comments in response to the GAO's draft 
report on its study of private share insurance in the credit union 
movement --a component of the GAO's broader study titled, Credit 
Unions: Financial Condition Has Improved But Opportunities Exist to 
Enhance Oversight and Share Insurance Management.

[End of section]

Appendix XIII: GAO Contacts and Staff Acknowledgments:

GAO Contacts:

Richard J. Hillman (202) 512-8678 Debra R. Johnson (202) 512-8678 Harry 
Medina (415) 904-2220:

Staff Acknowledgments:

In additional to those named in the body of this report, the following 
individuals made key contributions.

William Bates Sonja Bensen Anne Cangi Theresa L. Chen William Chatlos 
Jeanette Franzel Charla Gilbert Paul Kinney Jennifer Lai May Lee 
Kimberley McGatlin Grant Mallie José R. Peña Donald Porteous Mitch 
Rachlis Emma Quach Barbara Roesmann Nicholas Satriano Kathryn Supinski 
Paul Thompson Richard Vagnoni:

(250097):

FOOTNOTES

[1] U.S. General Accounting Office, Credit Unions: Reforms for Ensuring 
Future Soundness, GAO/GGD-91-85 (Washington, D.C.: July 10, 1991). This 
report contained a variety of recommendations to Congress and NCUA. See 
appendix II for information on the implementation of these 
recommendations.

[2] See Pub. L. No. 105-219 (Aug. 7, 1998).

[3] In addition, we recently completed a separate review of private 
insurance issues. See U.S. General Accounting Office, Federal Deposit 
Insurance Act: FTC Best Among Candidates to Enforce Consumer Protection 
Provisions, GAO-03-971 (Washington, D.C.: Aug. 20, 2003).

[4] This quotation is taken from the title of the Federal Credit Union 
Act of June 26, 1934. In addition, in CUMAA the congressional findings 
stated among other things that credit unions "have the specified 
mission of meeting the credit and savings needs of consumers, 
especially persons of modest means (Pub. L. No. 105-219 § 2 (1998)). 
While these statutes have used "small means" and "modest means" to 
describe the type of people who credit unions might serve, in this 
report we used "low-and moderate-income," as defined by banking 
regulators.

[5] A corporate credit union is one whose members are credit unions, 
not individuals. Corporate credit unions provide credit unions with 
services, investment opportunities, loans, and other forms of credit 
should credit unions face liquidity problems. See 12 C.F.R. Part 704 
(2003).

[6] We only reviewed federally insured credit unions--about 98 percent 
of all credit unions--because they were all required to submit call 
report data to NCUA, while not all privately insured credit union call 
report data were reported to NCUA. Call reports are submitted by credit 
unions to NCUA and contain data on a credit union's financial condition 
and other operating statistics. Throughout the report, when we use the 
term "industry," we are referring to federally insured credit unions 
and exclude the 212 privately insured credit unions.

[7] NCUA rates credit unions using the CAMEL system, which stands for 
capital adequacy, asset quality, management, earnings, and liquidity. 
The ratings are 1 (strong), 2 (satisfactory), 3 (flawed), 4 (poor), and 
5 (unsatisfactory).

[8] See GAO/GGD-91-85 for additional background on the history of NCUA 
and state field of membership regulatory policies.

[9] A CUSO is a corporation, limited liability corporation, or limited 
partnership that provides services such as insurance, securities, or 
real estate brokerage, primarily to credit unions or members of 
affiliated credit unions. NCUA specifies which types of activities a 
CUSO may undertake. Credit unions can invest up to 1 percent of paid-in 
and unimpaired capital and surplus in CUSOs. Credit unions can loan up 
to an aggregate of 1 percent of paid-in and unimpaired capital and 
surplus to CUSOs. The CUSO must maintain a separate identity from the 
credit union. See 12 C.F.R. Part 712 (2003). 

[10] National Credit Union Administration v. First National Bank & 
Trust Co., 522 U.S. 479 (1998).

[11] Generally, primary deposit insurance covers the first portion of 
members' deposits up to a specified amount. For example, NCUSIF 
provides primary deposit insurance up to $100,000 per member per 
qualifying account. In contrast, excess deposit insurance is optional 
coverage above the amount provided by primary deposit insurance that 
credit unions may purchase from private insurers.

[12] Throughout the report we use the terms "banks," "banks and 
thrifts," and "FDIC-insured institutions" interchangeably.

[13] The return on average assets is calculated as the current period's 
net income divided by the average of current period assets and prior 
year-end assets.

[14] There were 68 credit unions with assets between $1 billion and $5 
billion, which held 21 percent of industry assets, and three credit 
unions with assets in excess of $5 billion, which held 6 percent of 
industry assets. As of December 31, 2002, the largest credit union held 
$17.6 billion in assets.

[15] The Credit Union National Association (CUNA) collects information 
about the characteristics (for example, income, race, and age) of 
credit union members but not specifically the income levels of members 
who actually receive mortgage and consumer loans or use other services.

[16] The CRA requires all federal bank and thrift regulators to 
encourage depository institutions under their jurisdiction to help meet 
the credit needs of the local communities in which they are chartered, 
consistent with safe and sound operations. See 12 U.S.C. §§ 2901, 2903, 
and 2906 (2000). CRA requires that the appropriate federal supervisory 
authority assess the institution's record of meeting the credit needs 
of its entire community, including low-and moderate-income areas. 
Federal bank and thrift regulators perform what are commonly known as 
CRA examinations to evaluate services to low-and-moderate income 
neighborhoods. Assessment areas, also called delineated areas, 
represent the communities for which the regulators are to evaluate an 
institution's CRA performance.

[17] Overall, State officials reported that credit union examination 
ratings have been similar to those of banks, except that credit unions 
have received a somewhat lower percentage of "outstanding," the highest 
rating. As of July 2003, no Massachusetts credit union had a rating 
lower than "satisfactory" for Massachusetts's version of the CRA 
examination. The officials also noted that analysis of HMDA data by 
itself is inadequate because loan application records do not capture 
all the information available in an application.

[18] The State of Massachusetts permits a credit union not serving 
geographic areas to designate its membership as its assessment area. 
For example, one credit union, serving a major communications company, 
designated its membership as those who are employees or retired 
employees of the credit union itself; retirees and employees of other 
communication companies, including their affiliates and subsidiaries; 
and family members of eligible employees and retirees. 

[19] Woodstock Institute, "Rhetoric and Reality: An Analysis of 
Mainstream Credit Unions' Record of Serving Low Income People" 
(Chicago: February 2002).

[20] NFCDCU represents and provides, among other things, financial 
assistance, technical assistance, and human resources to about 215 
community development credit unions for the purpose of reaching low-
income consumers.

[21] In 2000, NCUA required that any type of application related to 
expanding, converting, or chartering a community credit union include 
information known as a "community action plan," which described the 
credit union's plan for serving the entire community. In interim rules 
issued in December 2001 and final rules adopted in May 2002, NCUA 
repealed this requirement. In discussion of the final rule, NCUA 
stated: "It is an unreasonable practice to require only certain credit 
unions to adopt specific written policies addressing service to the 
entire community, without any evidence that these credit unions are 
failing to serve their entire communities." CUNA and the National 
Federation of Credit Unions concurred with this decision. CUNA further 
noted that the imposition of this requirement could encourage federally 
chartered credit unions to convert to a state charter.

[22] The SCF is conducted every 3 years and is intended to provide 
detailed information on the balance sheet, pension, income, and other 
demographic characteristics of U.S. households and their use of 
financial institutions. See appendix I for details.

[23] These percentages reflect the percent of households using 
financial institutions as a percent of all financial institution users 
and does not include those households that are sometime referred to as 
unbanked.

[24] Those who "primarily" used credit unions placed more than 50 
percent of their assets in credit unions and those who "primarily" used 
banks placed more than 50 percent of their assets in banks. The term 
"use" refers to a household's placement of assets in a checking, 
savings, or money market account. Our methodology for determining these 
classifications was based on work performed by Dr. Jinkook Lee, a 
professor and researcher at Ohio State University. See Jinkook Lee and 
William A. Kelly Jr., in "Who Uses Credit Unions?" (Prepared for the 
Filene Research Institute and the Center for Credit Union Research, 
1999, 2001). 

[25] See appendix I for the income category definitions. 

[26] HMDA, 12 U.S.C. §§ 2801-2811 (2000), was enacted to provide 
regulators and the public with information on home mortgage lending so 
that both could determine whether institutions were serving the credit 
needs of their communities. As required by the Federal Reserve Board's 
Regulation C (12 C.F.R. Part 203), lenders subject to HMDA are required 
to collect data containing information about the loan and the loan 
applicant. This information is submitted on files known as loan 
application registers (loan records). HMDA-reportable mortgages 
include those for home purchase, home improvement, and refinancing of 
home purchase loans, but we analyzed only those made for home purchases 
because these loans are a gateway to homeownership and other loans are 
easier to obtain. See appendix I for more information.

[27] We created a bank peer group that consisted of financial 
institutions with less than $16 billion in assets because the largest 
credit union held assets between $15 billion and $16 billion as of 
December 2001. We excluded financial institutions that only made 
mortgages. Our analysis included 4,195 peer group banks. 

[28] To categorize the home purchaser's income, we used the 2001 HUD-
estimated median income estimates for each Metropolitan Statistical 
Area (MSA) based on the 1990 U.S. Census, as supplied by the Federal 
Reserve Board. Results may have been more accurate if these estimates 
were based on the 2000 U.S. Census. In 2003, HUD must begin basing 
their median income estimates on the 2000 U.S. Census.

[29] Our analysis of NCUA call report data indicated that 93 percent of 
credit unions with more than $31 million in assets, as of December 31, 
2000, made first mortgage loans, loans that include home purchase 
loans, compared with only 34 percent of credit unions with fewer 
assets. 

[30] In total, for 2001, 1,717 credit unions reported data to HMDA, but 
our analyses only included the 1,446 that made mortgage loans that met 
our criteria. For example, we only included mortgage loans for home 
purchases rather than refinancing. 

[31] For larger institutions, those with more than $250 million in 
assets, CRA examinations generally consist of three parts--a lending 
test, a service test, and an investment test. The lending test entails 
a review of an institution's lending record, including originations and 
purchases of home mortgages, small business, small farm, and, at the 
institution's option, consumer loans throughout the institution's 
assessment area, including low-and moderate-income areas. The lending 
test is weighted more heavily than the investment and service tests in 
the institution's overall CRA rating. The service test requires the 
examiner to analyze an institution's system for delivering retail 
banking services and the extent and innovativeness of its community 
development services. The investment test evaluates an institution's 
investment in community development activities. 

[32] These credit unions receive special help from NCUA regional staff, 
including assistance in completing business plans and maintaining 
financial records. Low-income credit unions also qualify for low-
interest loans and technical assistance grants and are permitted to 
accept nonmember deposits and secondary capital accounts. According to 
NCUA estimates, as of December 31, 2002, the median asset level of 
these credit unions was about $3.4 million. About 107 of these credit 
unions had more than $32 million in assets, the threshold for reporting 
lending data to HMDA in 2003. 

[33] As of December 31, 2002, there were 907 low-income credit unions. 
Credit unions can use a number of methods to document their low-income 
eligibility, such as reviewing loans to identify members' wages or 
household incomes, or written membership surveys that request the 
members' total household income and annual wages. 

[34] See appendix V for more detailed information on credit union 
services by asset size.

[35] CUNA 2002 National Member Survey and research and information from 
CUNA and affiliates. CUNA based its statistics on average household 
income on a survey of 1,000 randomly selected households conducted in 
February 2002. The data from this survey were weighted to accurately 
represent U.S. consumers age 18 and older. 

[36] CUNA supplemented its average income analysis of members and 
nonmembers with one that divided consumers into four institution user 
groups--as similarly done by Jinkook Lee, in "Who Uses Credit Unions" 
in her analysis of the SCF and in our previous analysis--and calculated 
the average household income of each institution user group. CUNA 
determined that consumers who only used banks and only used credit 
unions had a lower average income than consumers who used both 
institutions. In addition, when comparing the average income of 
consumers who used both institutions, the analysis concluded that those 
who primarily used credit unions had a slightly lower average income 
than those who primarily used banks. 

[37] The study cited is "Rhetoric and Reality: An Analysis of 
Mainstream Credit Unions' Record of Serving Low Income People" 
(February 2002). To determine the characteristics of credit union 
members, the Woodstock Institute analyzed 1999 and 2000 survey data 
collected by the Metro Chicago Information Center (MCIC). MCIC surveyed 
roughly 3,000 households in the Chicago area and asked respondents 
whether they were members of a credit union. However, the survey did 
not specifically ask whether the respondents held accounts at a bank or 
credit union.

[38] National Credit Union Administration v. First National Bank & 
Trust Co., 522 U.S. 479 (1998).

[39] Pub. L. No. 105-219 § 101(2).

[40] Id.

[41] CUMAA permitted the following common bonds: (1) the single common 
bond, defined as one group with a common bond of occupation or 
association; (2) the multiple common bond, defined as including more 
than one group, each with a common bond of occupation or association; 
and (3) the community bond, defined as persons or organizations within 
a well-defined local community, neighborhood, or rural district. 
Formation of multiple common-bond credit unions is limited to groups 
having fewer than 3,000 members unless NCUA grants an exception based 
on criteria contained in CUMAA. See 12 U.S.C. § 1759(b), (d), as 
amended.

[42] According to NCUA officials, single-bond credit unions are more 
susceptible to failure because they are reliant on one type of 
occupational group. For example, if an occupational group were subject 
to layoffs, the credit union could lose its membership base or 
experience a decline in assets.

[43] National Credit Union Administration v. First National Bank & 
Trust Co., 522 U.S. 479 (1998). 

[44] Although single-bond credit unions included about 38 to 40 percent 
of all federally chartered credit unions between 2000 and March 2003, 
during this time period they only held about 18 percent of all assets 
of federally chartered credit unions. In contrast, federally chartered 
multiple-bond credit unions held about 70 percent of federal assets in 
March 2000, and this percentage dropped to about 65 percent in 2003. 
Federally chartered community credit unions held about 13 percent of 
federal assets in 2000, and this percentage increased to about 17 
percent of assets in March 2003. 

[45] In 1994, NCUA's Interpretive Ruling and Policy Statement (IRPS) 
94-1 authorized all federally chartered credit unions, regardless of 
bond, to include in their membership, without regard to location, 
communities and associational groups satisfying the definition of low 
income. This program should not be confused with NCUA's "low-income 
designated program," which permits credit unions who exclusively serve 
low-income areas to maintain secondary capital and accept nonmember 
deposits.

[46] Pub. L. No. 105-219 § 101 (2), 12 U.S.C. § 1759 (e)(2), as 
amended. Under this provision, once a person becomes a member of a 
credit union, that person or organization may remain a member of that 
credit union until the person or organization chooses to withdraw from 
membership in the credit union.

[47] The Federal Credit Union Act requires NCUA to encourage the 
formation of separately chartered credit unions instead of approving 
the inclusion of an additional common-bond group within the field of 
membership of an existing credit union. 12 U.S.C. § 1759(f)(1). From 
1991 to March 2003, only 143 new federally insured credit unions were 
chartered, an average of about 11 to 12 new credit unions per year. 
NCUA said that small groups are generally not economically sustainable 
and prefer to join multiple-bond credit unions.

[48] Pub. L. No. 105-219 § 101; See 12 U.S.C. § 1759(c)(2), as amended. 


[49] Prior to CUMAA, NCUA regulations did not limit the size of the 
community a credit union could serve. However, NCUA required extensive 
documentation to establish the existence of a community. For example, 
up until March 1, 1998, credit unions were required to provide written 
evidence of community support for their applications, such as letters 
of support, petitions, or surveys. In March 1998, in IRPS 98-1, NCUA 
deleted the information requirement but noted that credit unions still 
had to demonstrate that residents of the proposed community interacted. 


[50] For example, in IRPS 99-1, if the population of a single political 
jurisdiction was less than 300,000, the credit union was only obligated 
to submit a letter describing how the area met standards for community 
interaction or common interests. However, if the population exceeded 
300,000, the credit union would have to submit additional 
documentation; demonstrating, for example, the existence of major trade 
areas or shared facilities (such as educational). 

[51] This multiple-bond credit union, located in Miami, Florida, 
originally applied to serve Miami-Dade County, Florida, in April 2001. 
However, NCUA officials denied both the original application and 
subsequent appeal on the grounds that the residents of this area 
(including two large cities and 28 other municipalities) did not have 
common interests or interactions. As required by IRPS 99-1 (as amended 
by IRPS 01-1), the credit union was required to supply documentation 
that residents within this area interacted but the evidence, while 
described as "voluminous" by NCUA officials, did not meet with their 
approval. Under the new rule (IRPS 03-1), approved in May 2003, this 
level of evidence was no longer required.

[52] While the examples in this paragraph represent some of the largest 
community-charter field of memberships approved by NCUA, the population 
sizes of these communities can vary tremendously. For example, in 2002, 
NCUA field of membership approvals ranged from a population of 695 in 
Delta County, Colorado, to a population of 1.1 million residents in the 
area surrounding Maple Grove, Minnesota. Since 1999, the average 
population of approved communities has increased--in 1999, this average 
was 134,000 and as of June 25, 2003, 357,000. 

[53] Federally insured credit unions are required to report their 
potential membership on NCUA's call report. This number is expected to 
include current membership as well as potential members. While the 
instructions require that the estimates must be reasonable and 
supportable, no further instructions are provided. Two or more credit 
unions whose field of membership overlaps can count the same person as 
a potential member.

[54] We use the term "serving geographic areas" because some states 
(for example, California and Texas) permit their credit unions to serve 
a mix of occupational and associational groups and communities. Because 
NCUA could not provide us information on the number of state-chartered 
credit unions serving communities, we surveyed state regulators to 
obtain this information.

[55] The number of credit unions serving geographic areas varied by 
state. For example, in California, state-chartered credit unions 
serving geographic areas represented about 48 percent of state-
chartered credit unions and held about 82 percent of state-chartered 
assets. In comparison, in New York, state-chartered credit unions 
serving geographic areas represented about 5 percent of state-chartered 
credit unions and held about 11 percent of state-chartered assets.

[56] Because chartering provisions among the states and the federal 
government vary, we would like to emphasize that these numbers are 
estimates only. For example, we had no way of knowing, short of 
contacting individual credit unions, whether state-chartered credit 
unions relied more extensively on a community or an occupational group 
for their membership. In addition, some state-chartered credit unions 
were excluded from our calculations, including those that were 
privately insured, because we could not identify them in the NCUA call 
report data. 

[57] Part of NCUA's vision statement, included as part of its 2003-2008 
Strategic Plan, is: "Ensure the cooperative credit union movement can 
safely provide financial services to all segments of American society." 
Further, in NCUA's 2003 Annual Performance Plan, NCUA states as a 
specific goal that it plans to "Facilitate credit union efforts to 
increase credit union membership and accessibility to continue to serve 
the underserved, and enhance financial services." 

[58] The Federal Credit Union Act, as amended by CUMAA, provides NCUA 
criteria to use to determine if an area is "underserved." See 12 U.S.C. 
§ 1759 (c)(2). Among other things, these areas must qualify as 
"investment areas" as defined by section 103 (16) of the Community 
Development Banking and Financial Institutions Act of 1994 (12 U.S.C. § 
4703(16)). Areas could qualify, for example, by having at least 20 
percent of their population living in poverty. Second, areas must 
qualify as underserved based on data from the NCUA board and the 
federal banking agencies. NCUA officials, however, apply only the first 
criterion, presuming that areas qualifying as an investment area 
automatically qualify as underserved. 

[59] To promote adoption of these areas, NCUA developed a public 
relations program called "Access to America" that promotes awareness of 
NCUA programs that provide resources, or other support, to credit 
unions to expand their financial services to the underserved. 

[60] CUNA published a study, 2003 "Serving Members of Modest Means" 
Survey Report, on how credit unions served consumers having annual 
household incomes of $40,000 or less. While the survey findings cannot 
be generalized to all credit unions, the survey results indicated that 
most credit unions responding to the survey targeted at least one 
service (for example, money orders, check-cashing services) to lower-
and moderate-income members, and that credit unions with underserved 
areas were likely to offer more of these services. About 35 percent of 
the credit unions responding to the survey indicated they would grant a 
loan for $100 or less and about 30 percent indicated they would open a 
certificate account for less than $100. The study noted that credit 
unions had difficulty responding to questions that asked them to 
estimate members' or potential members' income distributions. 

[61] Pub. L. No. 102-242 § 112, 12 U.S.C. § 1831m (2000).

[62] Interest rate risk is the risk that changes in market rates will 
have a negative impact on capital and earnings. In September 2003, NCUA 
issued Letter to Credit Unions 03-CU-15, which discusses the interest 
rate risk for credit unions with large concentrations of fixed-rate 
mortgages.

[63] Operations risk is the risk that fraud or operational problems 
could result in an inability to deliver products, remain competitive, 
or manage information.

[64] Asset-liability management is the process of evaluating balance 
sheet risk (interest rate and liquidity risk) and making prudent 
decisions, which enable a credit union to remain financially viable as 
economic conditions change.

[65] These credit unions are defined as those with a CAMEL rating of 1 
or 2 for the prior two examinations, and those exhibiting additional 
characteristics, such as having been in operation for at least 10 
years, having a positive return on assets, having adequate internal 
controls, and having added no recent high-risk programs.

[66] U.S. General Accounting Office, Risk-focused Bank Examinations: 
Regulators of Large Banking Organizations Face Challenges, GAO/GGD-00-
48 (Washington, D.C.: Jan. 24, 2000).

[67] NCUA's subject matter examiner program was created in February 
2002 to train experienced and knowledgeable examiners in specialized 
areas, such as capital markets and information systems, to help 
examiners assess risks more effectively. The program also was designed 
to augment NCUA's existing core of specialist examiners.

[68] FFIEC is a formal interagency body empowered to prescribe uniform 
principles, standards, and report forms for the federal examination of 
financial institutions by the Board of Governors of the Federal Reserve 
System, the Federal Deposit Insurance Corporation, the National Credit 
Union Administration, the Office of the Comptroller of the Currency, 
and the Office of Thrift Supervision. FFIEC also serves to make 
recommendations to promote uniformity in the supervision of financial 
institutions.

[69] See 68 Fed. Reg. 56537 (Oct. 1, 2003). Under NCUA's prior 
regulations, all business loans to members had to be secured by 
collateral. Under the revised rule, NCUA now allows well-capitalized 
credit unions that have addressed unsecured loans in their member 
business loan policies to make unsecured business loans to members. 
These loans are subject to the limit that (1) the aggregate unsecured 
business loans to one borrower not exceed the lesser of $100,000 or 2.5 
percent of a credit union's net worth and (2) the aggregate of all 
unsecured business loans not exceed 10 percent of a credit union's net 
worth. The revised rule also permits the exclusion of participation 
interests--credit union purchases of an interest in a loan originated 
by another credit union--in member business loans from the aggregate 
business loan limit, provided that the loan was for a nonmember of the 
purchasing credit union. However, the total of nonmember and member 
business loans may only exceed the aggregate business loan limit if 
approved by NCUA regional directors. Finally, the revised rule expands 
preapproved CUSO activities to include business loan originations.

[70] Under CUMAA, credit unions had an aggregate business loan limit of 
the lesser of 1.75 times the credit union's net worth or 12.25 percent 
of the credit union's total assets.

[71] Department of the Treasury comment letter concerning NCUA's 
proposed rule on member business lending, dated June 2, 2003. Further, 
Treasury stated that excluding business participation loans and 
business loans originated by CUSOs from member business loan limits 
would undermine the intent of congressional limitations on credit union 
business loans established in CUMAA.

[72] The overhead transfer rate is the percentage of NCUA's share 
insurance fund (NCUSIF) that is transferred to support the agency's 
expenses (operating fund).

[73] U.S. General Accounting Office, Electronic Banking: Enhancing 
Oversight of Internet Banking Activities, GAO/GGD-99-91 (Washington, 
D.C.: July 6, 1999).

[74] See 12 U.S.C. § 1831m; 12 C.F.R. Part 363 (2003).

[75] A credit union's net worth represents the sum of the various 
reserve accounts--undivided earnings, regular reserves, and any other 
appropriations designated by management or regulatory authorities--and 
reflect the cumulative net retained earnings of the credit union since 
its inception.

[76] The net worth ratio is defined as net worth divided by total 
assets.

[77] Credit unions that are less than well-capitalized--that is, have 
less than a 7.0 percent net worth ratio--are required to increase the 
dollar amount of their net worth quarterly by transferring at least 0.1 
percent of their total assets to the regular reserve account. These 
credit unions must meet applicable risk-based net worth requirements if 
they are complex, which under PCA is defined as a credit union having 
more than $10 million in assets and a risk-based net worth ratio that 
exceeds 6.0 percent. The ratio is a calculation that assigns risk 
weightings to different types of assets and investments.

[78] The net worth restoration plan is a blueprint for credit union 
officials and staff for restoring the credit union's net worth ratio to 
6.0 percent or higher.

[79] Credit unions are defined as new if they have been in operation 
for less than 10 years and have less than $10 million in assets.

[80] Secondary capital can take the form of investments in an 
institution by nonmembers. The investments are subordinated to all 
other credit union debt. Currently, only credit unions designated as 
"low-income" by NCUA are eligible to raise secondary capital.

[81] This secondary capital must be in accordance with generally 
accepted accounting principles.

[82] Regulatory forbearance occurs when regulators delay taking 
corrective action, assuming that problems will not occur in the short-
term, or that economic conditions may change in a way favorable to the 
troubled institution.

[83] The ratio is calculated as the fund balance (assets minus 
liabilities) of NCUSIF divided by the sum of all credit union members' 
shares insured by the fund.

[84] GAO/GGD-91-85, p. 197. 

[85] Federal Deposit Insurance Corporation, Keeping the Promise: 
Recommendations for Deposit Insurance Reform (Washington, D.C.: April 
2001). 

[86] The Financial Risk Committee consists of representatives from four 
divisions within FDIC: Insurance and Research, Resolutions and 
Receiverships, Supervision and Consumer Protection, and Finance. FDIC 
maintains statistics on the percentage of institutions within different 
risk categories that fail based on the ratio of failed institutions' 
assets to total assets. For purposes of this report the term "failure 
rate" is used to describe this statistic. A 100-percent projected 
failure rate is always applied to the first risk-based group.

[87] Our review focuses on primary share insurance. Generally, primary 
share (or deposit) insurance is mandatory for all depository 
institutions and covers members' deposits up to a specified amount. 
Excess share (deposit) insurance is optional coverage above the amount 
provided by primary share insurance. NCUSIF provides primary share 
insurance up to $100,000 per member; while ASI provides primary share 
insurance up to $250,000 per account and excess share insurance. ASI is 
chartered by Ohio statute. ASI's coverage is subject to a $250,000 
statutory cap under Ohio law. Ohio Rev. Code Ann. § 1761.09(A), 
(Anderson, 2003).

[88] States that "could permit" private share insurance include those 
with state laws permitting credit unions to purchase private share 
insurance, but that have no credit unions in the state that currently 
carry private share insurance.

[89] Several factors precipitated the closure of RISDIC in 1991. For 
example, weaknesses existed in the Rhode Island bank regulator's and 
RISDIC's oversight of institutions. Furthermore, some of the 
institutions insured by RISDIC engaged in high-risk activities. In 
1991, RISDIC depleted its reserves because of the failure of one 
institution. As a result, runs occurred at several other institutions 
insured by RISDIC; it was not able to meet its insurance obligations 
and was forced to call in a conservator. The Governor of Rhode Island 
closed all institutions insured by RISDIC and required institutions to 
purchase federal deposit insurance. According to NCUA, it did not 
insure all Rhode Island credit unions following the Governor's closure 
of institutions insured by RISDIC. 

[90] As of December 2002, we identified two companies that provided 
private primary share insurance in the 50 states and the District of 
Columbia--ASI and Credit Union Insurance Corporation (CUIC) in 
Maryland. However, CUIC was in the process of dissolution and, 
therefore, we did not include it in our analysis. As of August 2003, of 
the five credit unions that CUIC insured, four purchased private share 
insurance from ASI, and one converted to federal share insurance.

[91] Generally, credit unions that converted from federal to private 
share insurance since 1990 were larger than credit unions that switched 
from private to federal share insurance during the same period. 
Specifically, as of December 2002, about a third of the credit unions 
that converted to private insurance had shares between $100 and $500 
million; on the other hand, the majority of credit unions that 
converted to federal insurance had shares totaling up to $50 million. 
Only two of the 26 conversions occurred since 1995--one because the 
private insurer went out of business and the other because of a merger 
with a federally insured credit union.

[92] Ohio Rev. Code Ann. Oh. 1761.

[93] Ohio Rev. Code Ann. § 1761.03. Under Ohio law, other purposes of a 
credit union share guaranty corporation are to (1) aid and assist any 
participating credit union that is in liquidation or incurs financial 
difficulty in order that the credit union share accounts are protected 
or guaranteed against losses, and (2) cooperate with participating 
credit unions, the superintendent of credit unions, the appropriate 
credit union supervisory authorities, and the NCUA for the purpose of 
advancing the general welfare of credit unions in Ohio and in other 
states where participating credit unions operate.

[94] In Ohio, credit union guaranty corporations are subject to many 
Ohio insurance laws; however, they apply only to the extent that such 
laws are otherwise applicable and are not in conflict with Ohio laws 
for credit union guaranty corporations. See Ohio Rev. Code Ann. 
1761.04(A).

[95] Under Ohio law, insurers licensed by the state are subject to a 
"maximum single risk" requirement. See Ohio Rev. Code Ann. § 
3941.06(B).

[96] According to ASI, the average net capital-to-assets ratio of all 
ASI's primary insured credit unions was 10.88 percent, as of December 
31, 2002.

[97] For example, federal PCA regulations require supervisory action 
when federally insured credit unions' capital to assets ratio is less 
than 6 percent of total assets.

[98] Twenty-eight of these credit unions converted from federal 
insurance, while two were newly chartered credit unions and one was an 
uninsured credit union. 

[99] As of June 2003, the total shares of these credit unions ranged 
from $297.6 million to $2.5 billion. Though the plan targeted only 
ASI's five largest credit unions, ASI may increase the number of 
monitored credit unions at any time so that it continually reviews at 
least 25 percent of total insured shares.

[100] ASI assigned a risk level to the credit unions it insured (low, 
moderate, or high) and then used this assessment to determine the 
extent of oversight at the credit union, which might include conducting 
face-to-face interviews with the chair of the supervisory audit 
committee, confirming checks over $1,000 have cleared, or verifying the 
value of loans, investments, and share accounts with credit union 
members in writing or over the phone.

[101] ASI deposit-based insurance fund is funded through capital 
contributions to ASI from member credit unions. The member credit 
unions record this capital contribution as a deposit (asset) on their 
financial statements. 

[102] ASI's insurance fund is funded through the credit unions it 
insures depositing between 1.0 and 1.3 percent of a credit union's 
insured shares with ASI. The credit unions' CAMEL ratings determine the 
rate at which credit unions are assessed (the ratings are 1-strong, 2-
satisfactory, 3-flawed, 4-poor, and 5-unsatisfactory). For example, 
credit unions with a CAMEL score of 1 must deposit 1.0 percent of total 
insured shares into ASI's insurance fund; credit unions with a CAMEL 
score of 4 or 5 must deposit 1.3 percent of their total insured shares. 


[103] 12 U.S.C. § 1782a(c).

[104] ASI's involuntary termination procedure, unlike NCUA's, does not 
require a credit union to notify its members that its share insurance 
has been terminated. According to ASI, because states generally 
prohibit credit unions from operating without share insurance, the 
states would require notification to credit union members of the change 
in the credit union's insured status. NCUA's involuntary termination 
policy, on the other hand, requires 30 days notice and also requires a 
credit union to issue "prompt and reasonable" notice to its members 
that it will cease to be insured. 12 U.S.C. §§1786(b), (c).

[105] According to ASI documents, this credit union would have 
represented 22 percent of ASI's insured shares; at the time of the 
assessment, ASI's largest credit union represented only 6 percent of 
the fund's insured shares. 

[106] This estimate is based on using December 2002 financial data on 
the largest credit union insured by ASI. According to a capital 
adequacy analysis performed for ASI, ASI's independent actuaries 
determined that the ASI fund could withstand losses sustained during 
adverse economic conditions for up to 5 years, with or without insuring 
this large credit union.

[107] See Ohio Rev. Code Ann. Ch. 1761.

[108] While Ohio law requires ASI to submit annual audited financial 
statements, Ohio law permits the superintendent of insurance to require 
the submission of quarterly reports. The superintendent of insurance 
imposes this requirement on ASI. See Ohio Rev. Code Ann. §§ 1761.16 and 
3901.42.

[109] The states are Alabama, California, Idaho, Illinois, Indiana, 
Maryland, Nevada, and Ohio.

[110] Specifically, under the Federal Credit Union Act, if a federally 
insured credit union terminates federal share insurance or converts to 
nonfederal (private) insurance, the institution must give its members 
"prompt and reasonable notice" that the institution has ceased to be 
federally insured. 12 U.S.C. § 1786(c). NCUA rules implement these 
provisions by prescribing language to be used in (1) the notices of the 
credit union's proposal to terminate federal share insurance or convert 
to nonfederal (private) insurance, (2) an acknowledgement on the voting 
ballot of the member's understanding that federal share insurance will 
terminate, and (3) the notice of the termination or conversion. See 12 
C.F.R. Part 708b (2003). 

[111] 12 U.S.C. § 1831t (b).

[112] 12 U.S.C. § 1831t (g).

[113] U.S. General Accounting Office, Federal Deposit Insurance Act: 
FTC Best Among Candidates to Enforce Consumer Protection Provisions, 
GAO-03-971 (Washington, D.C.: Aug. 20, 2003).

[114] GAO-03-971.

[115] While credit union legislation (see the Federal Credit Union Act 
at 12 U.S.C. § 1751) uses "small means" and the credit union industry 
has not defined the term, in this report, we used "low-and moderate-
income," as defined by banking regulators, to describe the type of 
people who credit unions might serve.

[116] As do banking regulators, NCUA and state regulators use the 
"CAMEL" rating system, a composite score, to help evaluate the safety 
and soundness of institutions. CAMEL scores rate capital adequacy (C), 
asset quality (A), management (M), earnings (E), liquidity (L), and 
overall condition.

[117] FDIC is responsible for overseeing insured financial institution 
adherence to FFIEC's reporting requirements, including the observance 
of all bank regulatory agency rules and regulations, accounting 
principles, and pronouncements adopted by the Financial Accounting 
Standards Board and all other matters relating to call report 
submission. Call reports are required by statute and collected by FDIC 
under the provision of Section 1817(a)(1) of the Federal Deposit 
Insurance Act. FDIC collects, corrects, updates, and stores call report 
data submitted to it by all insured national and state nonmember 
commercial banks and state-chartered savings banks on a quarterly 
basis. Throughout the report, we use the terms, "banks," "banks and 
thrifts," and "FDIC-insured institutions" interchangeably.

[118] As of August 31, 2003, the address for this Web site was 
www3.fdic.gov/sdi/.

[119] In passing the CRA, Congress required federal financial 
supervisory agencies, except NCUA, to assess an institution's record of 
helping to meet the credit needs of the local communities in which the 
institution is chartered.

[120] The scope of our work was limited to primary share insurance, 
which is generally mandatory for all credit unions (whereas excess 
share insurance is optional coverage above primary share insurance).

[121] We limited our analysis to those states with privately insured 
credit unions--Alabama, California, Idaho, Indiana, Illinois, 
Maryland, Nevada, and Ohio.

[122] 12 U.S.C. § 1831t.

[123] As of December 2002, we identified two entities that provide 
private primary share insurance to credit unions in the 50 states and 
the District of Columbia--ASI and Credit Union Insurance Corporation 
(CUIC). However, CUIC in Maryland was in the process of dissolution 
and, therefore, we did not include it in our analysis. During our 
review, we learned that Massachusetts Credit Union Share Insurance 
Corporation only provides excess deposit insurance, and therefore we 
did not include it in our analysis.

[124] U.S. General Accounting Office, Credit Unions: Reforms for 
Ensuring Future Soundness, GAO/GGD-91-85 (Washington, D.C.: July 10, 
1991).

[125] CLF was created in 1978 to improve the general financial 
stability of credit unions by serving as a liquidity lender to credit 
unions experiencing unusual or unexpected liquidity shortfalls. The 
NCUA board oversees the CLF.

[126] Throughout the report, we refer to institutions insured by the 
FDIC interchangeably as "banks," "banks and thrifts," and "FDIC-insured 
institutions."

[127] Pub. L. No. 105-219 (Aug. 7, 1998).

[128] CUMAA defines a "new" credit union as one that has been in 
operation for less than 10 years and having less than $10 million in 
assets. 12 C.F.R. §702.2(h). NCUA defines a credit union as "complex" 
when its total assets at the end of a quarter exceed $10 million and 
its RBNW calculation exceeds 6 percent net worth. 12 C.F.R. §702.103.

[129] NCUA established a PCA Oversight Task Force in February 2000. 
This task force consisted of NCUA staff and state regulators. See 
Federal Register 65, no. 140 (20 July 2000): 44964.

[130] The final PCA rule contains 17 revisions and adjustments. See 
Federal Register 67, no. 230 (29 November 2002): 71078.

[131] NCUA issued staff instructions on discretionary supervisory 
actions in April 2003, but has yet to impose a discretionary 
supervisory action against any credit union.

[132] Credit unions cannot issue capital stock and, therefore, must 
rely on retained earnings to build net worth.

[133] The net worth ratio of credit unions in the undercapitalized 
category is 4.0-5.99 percent. The first tier of the undercapitalized 
net worth category is 5.0-5.99 percent, and the second tier of that net 
worth category is 4.0-4.99 percent.

[134] The RBNW report notes that the "risk portfolios" of balance sheet 
assets consist of long-term real estate loans, member business loans 
outstanding, investments, low-risk assets, and average-risk assets. The 
"risk portfolios" of off-balance sheet assets are loans sold with 
recourse and unused member business loan commitments.

[135] According to the report, the principal banking industry trade 
association advocated $10 million as an appropriate minimum asset 
"floor."

[136] Risk portfolios include real estate loans, member business loans 
(MBL) outstanding, investments, low-risk assets, average-risk assets, 
loans sold with recourse, unused MBL commitments, and allowances. See 
Federal Register 65, no. 34 (18 February 2000): 8606.

[137] According to NCUA data, as of May 2003, no credit union failed to 
meet an RBNW requirement under the standard calculation and with the 
alternative component, and so none has applied for a risk mitigation 
credit to date.

[138] Federal Credit Union Act.

[139] The capital subgroup is assigned on the basis of the 
institution's total risk-based capital ratio, tier 1 risk-based capital 
ratio, and tier 1 leverage capital ratio. The institutions report this 
data quarterly to FDIC on their Report of Income and Condition (call 
report). For instance, according to FDIC Risk-Based Assessment System - 
Overview, Group 1 ("Well-Capitalized") has a "Total Risk-Based Capital 
Ratio equal to or greater than 10 percent, and Tier 1 Risk-Based 
Capital Ratio equal to or greater than 6 percent, and Tier 1 Leverage 
Capital Ratio equal to or greater than 5 percent." Each semiannual 
period, FDIC assigns the supervisory subgroup based on various factors 
including results of the most recent examination report, the amount of 
time since the last examination, and statistical analysis of call 
report data. For example, according to the FDIC's Risk-Based Assessment 
System-Overview, a subgroup A institution is "financially sound 
institution with only a few minor weaknesses and generally corresponds 
to the primary federal regulator's composite rating of '1'or '2'."

[140] Credit unions are rated on their condition by NCUA and state 
regulators using a "CAMEL" system that evaluates their capital adequacy 
(C), asset quality (A), management (M), earnings (E), liquidity (L), 
and their overall condition.

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