The Federal Credit Union System: a Legislative History by JOHN T

The Federal Credit Union System: a Legislative History by JOHN T

The Federal Credit Union System: A Legislative History by JOHN T. CROTEAU* In the years since the adoption of the Federal Credit Union up as a separate unit in the Farm Act in 1934, many amendments have been proposed, hearings Credit Administration. The revised and discussions have been held, and some amending legislation bill was passed by the Senate by has been Dossed. The development of the act is reviewed in the unanimous consent 2 days before the following-pages. close of the session. It was signed by the President on June 26, 1934, and HE credit union system in the concerned with the depression and became Public Law No. 467. United States had its beginning with emergency legislation. Two at- T long before the adoption of the tempts were made to bring up the bill Provisions of the Law Federal legislation? Credit unions on the consent calendar, but it was A brief summary of the provisions first acquired legal status in 1909, passed over. of the original Federal Credit Union when the Massachusetts Legislature Meanwhile it was imperative to find Act may serve as a Point of reference passed a law providing for the char- an agency to administer the act. The for the subsequent amendments. tering and organization of credit Federal Reserve Board and the Treas- After section 1 (the citation), section unions. ury Department, logical agencies for 2 defined a Federal credit union as “a the purpose, did not believe that they cooperative association organized . The 1934 Law should administer such an act. The for the purpose of promoting thrift Legislative History Farm Credit Administration expressed among its members and creating a Twenty-four years later-on May an interest in the bill, however, and source of credit for provident or pro- 11,1933-Senator Sheppard, of Texas, a group from that agency, with the ductive purposes.” Section 3 set out introduced three bills designed to set help of other officials, secured Presi- the method by which any seven or up a Federal credit union system. The dential endorsement. more natural persons become incorpo- first, S. 1639, was to establish a sys- Senator Sheppard brought in a se- rated, and section 4 determined the tem of Federal credit unions and ries of amendments that would place procedure for investigation and ap- statewide central credit unions under the program under the jurisdiction of proval of the charter. Section 5 es- Federal supervision; S. 1640 was an the Banks for Cooperatives, within tablished organization and supervision amendment to the Federal Reserve the Farm Credit Administration. fees. Section 6 requiredFederal super- Act under which Federal reserve These amendments were adopted, and vision and examination; it established banks would be permitted to receive on May 10, 1934, the Senate, without the principle that: “The Governor [of deposits from credit unions; and S. debate, approved the bill. the Farm Credit Administration] 1641 would authorize the postal sav- To obtain Presidential approval, it shall fix a scale of examination fees ings system to accept credit union was necessary to delete the second designed, as far as is practicable, so deposits. part of the bill, which had provided that in each case the fee to be paid On June 1, hearings were opened for the incorporation of statewide shall equal the expense of such ex- before a subcommittee of the Senate central credit unions. The other pro- amination.” Committee on Banking and Currency. visions were unchanged when, on Section 7 itemized the powers of a The first session of the Seventy-third June 15, the Chairman of the House Federal credit union. Besides stating Congress ended with the bills resting Committee on Banking and Currency the general powers of a corporation, within the Committee. submitted a unanimous report favor- subsections defined the essential op- On March 27, 1934, the Committee ing the bill and asked that the House erations of these new institutions: reported S. 1639 favorably, with one consider it. Only 30 minutes were al- (5) To make loans with maturities amendment-deletion of the provi- lowed for debate, and no one spoke not exceeding two years to its mem- sion exempting Federal credit unions in opposition. When the formal vote bers for provident or productive pur- (but not their members) from all was taken, there were 180 ayes and poses upon such terms and conditions 2 noes. as this Act and the by-laws provide Federal taxation except taxes upon and as the credit committee may ap- real property. Credit unions roused The legislation as passed by the House was in the form of an amend- prove, at rates of interest not exceed- little interest, however, in a Congress ment, which struck out the entire ing 1 per centum per month on unpaid Senate bill after the enacting clause balances (inclusive of all charges in- cident to making the loan) : Provided, l Professor of Economics. University of and substituted a redrafted bill. In Notre Dame. that no loans to a director, ofiicer, or 1 See Erdis W. Smith, “Federal Credlt the revision, control was taken from member of a committee shall exceed tTnions: Origin and Development,” Social the Banks for Cooperatives, and a the amount of his holdings in the Securitv Bulletin. November 1955. Federal credit union section was set Federal credit union as represented 10 Social Security by shares thereof. No director, officer, Governor of the Farm Credit Admin- Bureau aimed merely to set up inde- or committee member shall endorse istration certain rather broad powers. pendent units designed to provide for borrowers. A borrower may repay He was empowered “to prescribe rules workers with savings facilities and to his loan, prior to maturity, in whole and regulations for the administra- take care of their need for consump- or in part on any business day. tion of this Act (including, but not tion credit. Any system that developed (6) To receive from its members pay- by way of limitation, the merger, con- would be tied together by educational ments on shares. solidation, and/or dissolution of cor- or sympathetic bonds, rather than by (7) To invest its funds (a) in loans porations organized under this chap- financial integration. While the spon- exclusively to members; (b) in obli- ter ) .” Apparently to answer possible sors of the original Federal Credit gations of the United States of Amer- objections to the constitutionality of Union Act, in providing for statewide ica, or securities fully guaranteed as central credit unions, had attempted to principal and interest thereby. the statute, section 17 was inserted: it provided that a Federal credit un- to break new ground, they were forced (8) To make deposits in national ion “shall act as fiscal agent of the to accept the limitations of the model banks and in State banks, trust com- act. panies, and mutual savings banks OP- United States and shall perform such erating in accordance with the laws services as the Secretary of the Treas- The legislative history of Federal of the State in which the Federal ury may require.” Section 18 con- credit unions has thus been a strug- credit union does business. cerned taxation. gle between two concepts. Under one (9) To borrow (from any source) in a legal base for a system of coopera- an aggregate amount not exceeding Nothing herein contained shall Pre- tive credit would be developed that 50 per centum of its paid-in and un- vent the shares of stock in any Fed- would give broad freedom to manage- impaired capital and surplus. eral credit union organized hereunder ment and that would integrate verti- from being included in the valuation cally the credit unions into a regional The remaining three subsections gave of the personal property of the own- or even a national structure of Co- the credit unions power to fine mem- ers or holders of such shares in as- operative consumer finance. The other bers, to enforce a lien upon shares in sessing taxes imposed by authority of concept is of the Federal credit union order to collect delinquent loans, and the State in which the Federal credit as an essentially independent finan- union is located or shall prevent the cial unit, with management rather to exercise incidental powers. taxation of any Federal credit union Section 8 provided for a standard or its property by authority of such closely hemmed in by detailed legal set of bylaws. Section 9 limited Fed- State in the manner and not to ex- regulations, that is integrated hori- eral credit union membership “to ceed the rate imposed upon domestic zontally-with an educational or pro- groups having a common bond of oc- banking corporations. motional, rather than a financial cupation or association, or to groups basis-into various forms of State within a well-defined neighborhood, Section 19 provided for the appro- league organizations that are, in turn, community, or rural district.” The priation of $50,000 for administra- united in the Credit Union National fiscal year of a Federal credit union tion. Finally, section 20 provided Association. would end on December 31, according that, if part of the act was held to to section 10, and the annual meet- be invalid, the remainder would not Amendments to the 1934 Act ing was to be held in January. The be affected. The final clause of sec- Since the adoption of the Federal cooperative principle of “one-man, tion 20 stated: “The right to alter, Credit Union Act, not a session of one-vote” was to be followed, and no amend, or repeal this Act or any Congress has passed without attempts proxy voting would be allowed in elec- part thereof, or any charter issued at amending it.

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