§2906 — Title 12 Banks and Banking | U.S. Code

Summary

After each exam of an insured depository institution (like a bank), the federal agency that examined it must write a report about how well the institution meets the credit needs of its whole community, including low- and moderate-income neighborhoods. The report has two parts: a public part and a confidential part. The public part must give the agency’s conclusions for each assessment factor in the agency’s rules, show the facts and data behind those conclusions, and give the institution a rating with an explanation. The rating will be one of four levels: outstanding, satisfactory, needs improvement, or substantial noncompliance. The public findings must be shown separately for each metropolitan area where the institution has branches. The confidential part keeps any information that would identify customers, employees, or people who gave information in confidence, plus any statements the agency thinks are too sensitive or speculative to make public. The agency may share all or part of the confidential section with the institution if it helps the process, but it cannot reveal who gave information in confidence. For institutions with branches in two or more States, the agency must make an overall report and separate reports for each State, and must also prepare a separate report for any multistate metropolitan area. A State report must show metro areas separately from the rest of the State and list the branches examined. Definitions: domestic branch = any deposit-taking branch in a State; metropolitan area = OMB-defined metro area of 250,000+ people or other area the agency names; State = same as in section 1813.

Title 12, §2906

Banks and Banking — Source: USLM XML via OLRC

(a)(1)Upon the conclusion of each examination of an insured depository institution under section 2903 of this title, the appropriate Federal financial supervisory agency shall prepare a written evaluation of the institution’s record of meeting the credit needs of its entire community, including low- and moderate-income neighborhoods.

(2)Each written evaluation required under paragraph (1) shall have a public section and a confidential section.

(b)(1)(A)The public section of the written evaluation shall—

(i)state the appropriate Federal financial supervisory agency’s conclusions for each assessment factor identified in the regulations prescribed by the Federal financial supervisory agencies to implement this chapter;

(ii)discuss the facts and data supporting such conclusions; and

(iii)contain the institution’s rating and a statement describing the basis for the rating.

(B)The information required by clauses (i) and (ii) of subparagraph (A) shall be presented separately for each metropolitan area in which a regulated depository institution maintains one or more domestic branch offices.

(2)The institution’s rating referred to in paragraph (1)(C) 11 So in original. Probably should be paragraph “(1)(A)(iii)”. shall be 1 of the following:

(A)“Outstanding record of meeting community credit needs”.

(B)“Satisfactory record of meeting community credit needs”.

(C)“Needs to improve record of meeting community credit needs”.

(D)“Substantial noncompliance in meeting community credit needs”.

(c)(1)The confidential section of the written evaluation shall contain all references that identify any customer of the institution, any employee or officer of the institution, or any person or organization that has provided information in confidence to a Federal or State financial supervisory agency.

(2)The confidential section shall also contain any statements obtained or made by the appropriate Federal financial supervisory agency in the course of an examination which, in the judgment of the agency, are too sensitive or speculative in nature to disclose to the institution or the public.

(3)The confidential section may be disclosed, in whole or part, to the institution, if the appropriate Federal financial supervisory agency determines that such disclosure will promote the objectives of this chapter. However, disclosure under this paragraph shall not identify a person or organization that has provided information in confidence to a Federal or State financial supervisory agency.

(d)(1)In the case of a regulated financial institution that maintains domestic branches in 2 or more States, the appropriate Federal financial supervisory agency shall prepare—

(A)a written evaluation of the entire institution’s record of performance under this chapter, as required by subsections (a), (b), and (c); and

(B)for each State in which the institution maintains 1 or more domestic branches, a separate written evaluation of the institution’s record of performance within such State under this chapter, as required by subsections (a), (b), and (c).

(2)In the case of a regulated financial institution that maintains domestic branches in 2 or more States within a multistate metropolitan area, the appropriate Federal financial supervisory agency shall prepare a separate written evaluation of the institution’s record of performance within such metropolitan area under this chapter, as required by subsections (a), (b), and (c). If the agency prepares a written evaluation pursuant to this paragraph, the scope of the written evaluation required under paragraph (1)(B) shall be adjusted accordingly.

(3)A written evaluation prepared pursuant to paragraph (1)(B) shall—

(A)present the information required by subparagraphs (A) and (B) of subsection (b)(1) separately for each metropolitan area in which the institution maintains 1 or more domestic branch offices and separately for the remainder of the nonmetropolitan area of the State if the institution maintains 1 or more domestic branch offices in such nonmetropolitan area; and

(B)describe how the Federal financial supervisory agency has performed the examination of the institution, including a list of the individual branches examined.

(e)For purposes of this section the following definitions shall apply:

(1)The term “domestic branch” means any branch office or other facility of a regulated financial institution that accepts deposits, located in any State.

(2)The term “metropolitan area” means any primary metropolitan statistical area, metropolitan statistical area, or consolidated metropolitan statistical area, as defined by the Director of the Office of Management and Budget, with a population of 250,000 or more, and any other area designated as such by the appropriate Federal financial supervisory agency.

(3)The term “State” has the same meaning as in section 1813 of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (b)(1)(A)(i) and (c)(3), was in the original “this Act” and was translated as reading “this title”, meaning title VIII of Pub. L. 95–128, known as the Community Reinvestment Act of 1977, to reflect the probable intent of Congress.

Amendments

1994—Subsec. (b)(1). Pub. L. 103–328, § 110(b), redesignated existing provisions as subpar. (A) and former subpars. (A) to (C) as cls. (i) to (iii), respectively, of subpar. (A), inserted subpar. (A) heading, and added subpar. (B). Subsecs. (d), (e). Pub. L. 103–328, § 110(a), added subsecs. (d) and (e). 1991—Subsec. (a)(1). Pub. L. 102–242, § 222(b)(1), substituted “financial supervisory” for “depository institutions regulatory”. Subsec. (b)(1)(A). Pub. L. 102–242, § 222(b)(2), substituted “financial supervisory” for “depository institutions regulatory” in two places. Subsec. (b)(1)(B). Pub. L. 102–242, § 222(a), inserted “and data” after “facts”. Subsec. (c). Pub. L. 102–242, § 222(b)(3), substituted “financial supervisory” for “depository institutions regulatory” wherever appearing.

§2906 Written evaluations