§4520 — Title 12 Banks and Banking | U.S. Code

Summary

Regulated entities must create an Office of Minority and Women Inclusion or assign an existing office to do the work of promoting diversity in their management, hiring, and business contracts. They must make rules and processes to include minorities, women, and businesses owned by minorities and women in hiring, buying services, insurance, and all kinds of contracts — including securities deals, portfolio management, equity investments, mortgage loans, and affordable housing programs. Contract reviews and hiring decisions must consider the applicant’s diversity. The rule covers all service contracts, such as investment banking, asset management, broker-dealers, underwriters, accountants, investment consultants, and legal services. Each entity must report yearly what steps it took, the total paid to outside contractors since the last report, and the percent paid to the covered businesses. Entities must also run outreach programs to find and include minority and women-owned firms. The Agency must work to have a workforce that reflects U.S. demographics. It must (1) recruit at HBCUs, Hispanic-serving institutions, women’s colleges, and colleges serving majority-minority students, (2) recruit at urban job fairs and advertise in media for women and people of color, (3) partner with groups that place minorities and women in internships and jobs, and (4) where possible, work with inner-city, girls’, and majority-minority high schools on financial literacy and mentoring. Minorities — groups defined in another federal law. Minority- and women-owned businesses — businesses defined elsewhere as owned by minorities or women.

Title 12, §4520

Banks and Banking — Source: USLM XML via OLRC

(a)Each regulated entity shall establish an Office of Minority and Women Inclusion, or designate an office of the entity, that shall be responsible for carrying out this section and all matters of the entity relating to diversity in management, employment, and business activities in accordance with such standards and requirements as the Director shall establish.

(b)Each regulated entity shall develop and implement standards and procedures to ensure, to the maximum extent possible, the inclusion and utilization of minorities (as such term is defined in section 1204(c) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note)) and women, and minority- and women-owned businesses (as such terms are defined in section 1441a(r)(4) 11 See References in Text note below. of this title) (including financial institutions, investment banking firms, mortgage banking firms, asset management firms, broker-dealers, financial services firms, underwriters, accountants, brokers, investment consultants, and providers of legal services) in all business and activities of the regulated entity at all levels, including in procurement, insurance, and all types of contracts (including contracts for the issuance or guarantee of any debt, equity, or mortgage-related securities, the management of its mortgage and securities portfolios, the making of its equity investments, the purchase, sale and servicing of single- and multi-family mortgage loans, and the implementation of its affordable housing program and initiatives). The processes established by each regulated entity for review and evaluation for contract proposals and to hire service providers shall include a component that gives consideration to the diversity of the applicant.

(c)This section shall apply to all contracts of a regulated entity for services of any kind, including services that require the services of investment banking, asset management entities, broker-dealers, financial services entities, underwriters, accountants, investment consultants, and providers of legal services.

(d)Each regulated entity shall include, in the annual report submitted by the entity to the Director pursuant to section 1723a(k) of this title, section 1456(c) of this title, and section 1440 of this title, as applicable, detailed information describing the actions taken by the entity pursuant to this section, which shall include a statement of the total amounts paid by the entity to third party contractors since the last such report and the percentage of such amounts paid to businesses described in subsection (b) of this section.

(e)Each regulated entity shall establish a minority outreach program to ensure the inclusion (to the maximum extent possible) in contracts entered into by the enterprises of minorities and women and businesses owned by minorities and women, including financial institutions, investment banking firms, underwriters, accountants, brokers, and providers of legal services.

(f)The Agency shall take affirmative steps to seek diversity in its workforce at all levels of the agency consistent with the demographic diversity of the United States, which shall include—

(1)heavily recruiting at historically Black colleges and universities, Hispanic-serving institutions, women’s colleges, and colleges that typically serve majority minority populations;

(2)sponsoring and recruiting at job fairs in urban communities, and placing employment advertisements in newspapers and magazines oriented toward women and people of color;

(3)partnering with organizations that are focused on developing opportunities for minorities and women to place talented young minorities and women in industry internships, summer employment, and full-time positions; and

(4)where feasible, partnering with inner-city high schools, girls’ high schools, and high schools with majority minority populations to establish or enhance financial literacy programs and provide mentoring.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1204(c) of the Financial Institutions Reform, Recovery, and

Enforcement

Act of 1989, referred to in subsec. (b), is section 1204(c) of Pub. L. 101–73, which is set out as a note under section 1811 of this title. section 1441a(r)(4) of this title, referred to in subsec. (b), was repealed by Pub. L. 111–203, title III, § 364(b), July 21, 2010, 124 Stat. 1555.

Amendments

2008—Pub. L. 110–289, § 1116(1), substituted “Minority and women inclusion; diversity requirements” for “Equal opportunity in solicitation of contracts” in section catchline. Subsec. (a). Pub. L. 110–289, § 1161(a)(2)(A), which directed amendment of this section by striking out subsec. (a) designation and “In general” in subsec. (a) heading, could not be executed because of the prior amendment by Pub. L. 110–289, § 1116(2), (4). See below. Pub. L. 110–289, § 1116(2), (4), added subsec. (a) and redesignated former subsec. (a) as (e). Subsec. (b). Pub. L. 110–289, § 1161(a)(2)(B), which directed the striking out of subsec. (b), was not executed to reflect the probable intent of Congress. The amendment was probably intended to strike out subsec. (b) as it existed prior to being struck out by Pub. L. 110–289, § 1116(3). See below. Pub. L. 110–289, § 1116(3), (4), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “Not later than the expiration of the 180-day period beginning on October 28, 1992, each enterprise shall submit to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the actions taken by the enterprise pursuant to subsection (a) of this section.” Subsecs. (c), (d). Pub. L. 110–289, § 1116(4), added subsecs. (c) and (d). Subsec. (e). Pub. L. 110–289, § 1116(2), redesignated subsec. (a) as (e) and substituted “Outreach” for “In general” in heading and “Each regulated entity” for “Each enterprise” in text. Subsec. (f). Pub. L. 110–289, § 1116(5), added subsec. (f).

§4520 Minority and women inclusion; diversity requirements