Home > Regulation & Examinations > Bank Examinations > COMMUNITY REINVESTMENT - 12 USC Chapter 30




COMMUNITY REINVESTMENT - 12 USC Chapter 30

12 USC CHAPTER 30 - COMMUNITY REINVESTMENT TITLE 12 - BANKS AND BANKING CHAPTER 30 - COMMUNITY REINVESTMENT

Sec. 2901. Congressional findings and statement of purpose. 2902. Definitions. 2903. Financial institutions; evaluation. (a) In general. (b) Majority-owned institutions. 2904. Report to Congress. 2905. Regulations. 2906. Written evaluations. (a) Required. (b) Public section of report. (c) Confidential section of report. (d) Institutions with interstate branches. (e) Definitions. 2907. Operation of branch facilities by minorities and women. (a) In general. (b) Definitions.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1430, 1835a, 3103, 4565 of this title.

12 USC Sec. 2901 TITLE 12 - BANKS AND BANKING CHAPTER 30 - COMMUNITY REINVESTMENT

Sec. 2901. Congressional findings and statement of purpose

(a) The Congress finds that - (1) regulated financial institutions are required by law to demonstrate that their deposit facilities serve the convenience and needs of the communities in which they are chartered to do business; (2) the convenience and needs of communities include the need for credit services as well as deposit services; and (3) regulated financial institutions have continuing and affirmative obligation to help meet the credit needs of the local communities in which they are chartered. (b) It is the purpose of this chapter to require each appropriate Federal financial supervisory agency to use its authority when examining financial institutions, to encourage such institutions to help meet the credit needs of the local communities in which they are chartered consistent with the safe and sound operation of such institutions.

(Pub. L. 95-128, title VIII, Sec. 802, Oct. 12, 1977, 91 Stat. 1147.)

SHORT TITLE Section 801 of title VIII of Pub. L. 95-128 provided that: ''This title (enacting this chapter) may be cited as the 'Community Reinvestment Act of 1977'.''

REPORT ON COMMUNITY DEVELOPMENT LENDING Pub. L. 102-550, title IX, Sec. 910, Oct. 28, 1992, 106 Stat. 3874, provided that: ''(a) In General. - Not later than 12 months after the date of enactment of this section (Oct. 28, 1992), the Board of Governors of the Federal Reserve System, in consultation with the Comptroller of the Currency, the Chairman of the Federal Deposit Insurance Corporation, the Director of the Office of Thrift Supervision, and the Chairman of the National Credit Union Administration, shall submit a report to the Congress comparing residential, small business, and commercial lending by insured depository institutions in low-income, minority, and distressed neighborhoods to such lending in other neighborhoods. ''(b) Contents of Report. - The report required by subsection (a) shall - ''(1) compare the risks and returns of lending in low-income, minority, and distressed neighborhoods with the risks and returns of lending in other neighborhoods; ''(2) analyze the reasons for any differences in risk and return between low-income, minority, and distressed neighborhoods and other neighborhoods; and ''(3) if the risks of lending in low-income, minority, and distressed neighborhoods exceed the risks of lending in other neighborhoods, recommend ways of mitigating those risks.''

12 USC Sec. 2902 TITLE 12 - BANKS AND BANKING CHAPTER 30 - COMMUNITY REINVESTMENT

Sec. 2902. Definitions

For the purposes of this chapter - (1) the term ''appropriate Federal financial supervisory agency'' means - (A) the Comptroller of the Currency with respect to national banks; (B) the Board of Governors of the Federal Reserve System with respect to State chartered banks which are members of the Federal Reserve System and bank holding companies; (C) the Federal Deposit Insurance Corporation with respect to State chartered banks and savings banks which are not members of the Federal Reserve System and the deposits of which are insured by the Corporation; and (2) (FOOTNOTE 1) section 1818 of this title, by the Director of the Office of Thrift Supervision, in the case of a savings association (the deposits of which are insured by the Federal Deposit Insurance Corporation) and a savings and loan holding company; (FOOTNOTE 1) So in original. Text reading ''(2) section 1818 of this title, by the Director'' probably should read ''(D) the Director''. (2) the term ''regulated financial institution'' means an insured depository institution (as defined in section 1813 of this title); and (3) the term ''application for a deposit facility'' means an application to the appropriate Federal financial supervisory agency otherwise required under Federal law or regulations thereunder for - (A) a charter for a national bank or Federal savings and loan association; (B) deposit insurance in connection with a newly chartered State bank, savings bank, savings and loan association or similar institution; (C) the establishment of a domestic branch or other facility with the ability to accept deposits of a regulated financial institution; (D) the relocation of the home office or a branch office of a regulated financial institution; (E) the merger or consolidation with, or the acquisition of the assets, or the assumption of the liabilities of a regulated financial institution requiring approval under section 1828(c) of this title or under regulations issued under the authority of title IV (FOOTNOTE 2) of the National Housing Act (12 U.S.C. 1724 et seq.); or (FOOTNOTE 2) See References in Text note below. (F) the acquisition of shares in, or the assets of, a regulated financial institution requiring approval under section 1842 of this title or section 408(e) (FOOTNOTE 2) of the National Housing Act (12 U.S.C. 1730a(e)). (4) A financial institution whose business predominately consists of serving the needs of military personnel who are not located within a defined geographic area may define its ''entire community'' to include its entire deposit customer base without regard to geographic proximity.

(Pub. L. 95-128, title VIII, Sec. 803, Oct. 12, 1977, 91 Stat. 1147; Pub. L. 95-630, title XV, Sec. 1502, Nov. 10, 1978, 92 Stat. 3713; Pub. L. 101-73, title VII, Sec. 744(q), title XII, Sec. 1212(a), Aug. 9, 1989, 103 Stat. 440, 526.)

REFERENCES IN TEXT The National Housing Act, referred to in par. (3)(E), (F), is act June 27, 1934, ch. 847, 48 Stat. 1246, as amended. Title IV of the National Housing Act which was classified generally to subchapter IV (Sec. 1724 et seq.) of chapter 13 of this title, was repealed by Pub. L. 101-73, title IV, Sec. 407, Aug. 9, 1989, 103 Stat. 363. Section 408 of the National Housing Act, which was classified to section 1730a of this title, was also repealed by section 407 of Pub. L. 101-73. For complete classification of this Act to the Code, see section 1701 of this title and Tables.

AMENDMENTS 1989 - Par. (1)(D). Pub. L. 101-73, Sec. 744(q), directed the general amendment of par. (1)(D) but then set out ''(2)'' followed by the text of the new provisions. Prior to amendment, par. (1)(D) read as follows: ''the Federal Home Loan Bank Board with respect to institutions the deposits of which are insured by the Federal Savings and Loan Insurance Corporation and to savings and loan holding companies;''. Par. (2). Pub. L. 101-73, Sec. 1212(a), substituted ''insured depository institution (as defined in section 1813 of this title)'' for ''insured bank as defined in section 1813 of this title or an insured institution as defined in section 401 of the National Housing Act''. 1978 - Par. (4). Pub. L. 95-630 added par. (4).

EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-630 effective Nov. 10, 1978, see section 1505 of Pub. L. 95-630, set out as a note under section 27 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3103 of this title.

12 USC Sec. 2903 TITLE 12 - BANKS AND BANKING CHAPTER 30 - COMMUNITY REINVESTMENT

Sec. 2903. Financial institutions; evaluation

(a) In general In connection with its examination of a financial institution, the appropriate Federal financial supervisory agency shall - (1) assess the institution's record of meeting the credit needs of its entire community, including low- and moderate-income neighborhoods, consistent with the safe and sound operation of such institution; and (2) take such record into account in its evaluation of an application for a deposit facility by such institution. (b) Majority-owned institutions In assessing and taking into account, under subsection (a) of this section, the record of a nonminority-owned and nonwomen-owned financial institution, the appropriate Federal financial supervisory agency may consider as a factor capital investment, loan participation, and other ventures undertaken by the institution in cooperation with minority- and women-owned financial institutions and low-income credit unions provided that these activities help meet the credit needs of local communities in which such institutions and credit unions are chartered.

(Pub. L. 95-128, title VIII, Sec. 804, Oct. 12, 1977, 91 Stat. 1148; Pub. L. 102-550, title IX, Sec. 909(1), Oct. 28, 1992, 106 Stat. 3874.)

AMENDMENTS 1992 - Pub. L. 102-550 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1831u, 1842, 2906 of this title.

12 USC Sec. 2904 TITLE 12 - BANKS AND BANKING CHAPTER 30 - COMMUNITY REINVESTMENT

Sec. 2904. Report to Congress

Each appropriate Federal financial supervisory agency shall include in its annual report to the Congress a section outlining the actions it has taken to carry out its responsibilities under this chapter.

(Pub. L. 95-128, title VIII, Sec. 805, Oct. 12, 1977, 91 Stat. 1148.)

12 USC Sec. 2905 TITLE 12 - BANKS AND BANKING CHAPTER 30 - COMMUNITY REINVESTMENT

Sec. 2905. Regulations

Regulations to carry out the purposes of this chapter shall be published by each appropriate Federal financial supervisory agency, and shall take effect no later than 390 days after October 12, 1977.

(Pub. L. 95-128, title VIII, Sec. 806, Oct. 12, 1977, 91 Stat. 1148.)

12 USC Sec. 2906 TITLE 12 - BANKS AND BANKING CHAPTER 30 - COMMUNITY REINVESTMENT

Sec. 2906. Written evaluations

(a) Required (1) In general 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) Public and confidential sections Each written evaluation required under paragraph (1) shall have a public section and a confidential section. (b) Public section of report (1) Findings and conclusions (A) Contents of written evaluation 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) Metropolitan area distinctions 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) Assigned rating The institution's rating referred to in paragraph (1)(C) (FOOTNOTE 1) shall be 1 of the following: (FOOTNOTE 1) So in original. Probably should be paragraph ''(1)(A)(iii)''. (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''. Such ratings shall be disclosed to the public on and after July 1, 1990. (c) Confidential section of report (1) Privacy of named individuals 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) Topics not suitable for disclosure 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) Disclosure to depository institution 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) Institutions with interstate branches (1) State-by-State evaluation 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) of this section; 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) of this section. (2) Multistate metropolitan areas 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) of this section. 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) Content of State level evaluation A written evaluation prepared pursuant to paragraph (1)(B) shall - (A) present the information required by subparagraphs (A) and (B) of subsection (b)(1) of this section 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) Definitions For purposes of this section the following definitions shall apply: (1) Domestic branch The term ''domestic branch'' means any branch office or other facility of a regulated financial institution that accepts deposits, located in any State. (2) Metropolitan area 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) State The term ''State'' has the same meaning as in section 1813 of this title.

(Pub. L. 95-128, title VIII, Sec. 807, as added Pub. L. 101-73, title XII, Sec. 1212(b), Aug. 9, 1989, 103 Stat. 527; amended Pub. L. 102-242, title II, Sec. 222, Dec. 19, 1991, 105 Stat. 2306; Pub. L. 103-328, title I, Sec. 110, Sept. 29, 1994, 108 Stat. 2364.)

REFERENCES IN TEXT This chapter, referred to in subsecs. (b)(1)(A)(i), (c)(3), and (d)(1), (2), 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, Sec. 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, Sec. 110(a), added subsecs. (d) and (e). 1991 - Subsec. (a)(1). Pub. L. 102-242, Sec. 222(b)(1), substituted ''financial supervisory'' for ''depository institutions regulatory''. Subsec. (b)(1)(A). Pub. L. 102-242, Sec. 222(b)(2), substituted ''financial supervisory'' for ''depository institutions regulatory'' in two places. Subsec. (b)(1)(B). Pub. L. 102-242, Sec. 222(a), inserted ''and data'' after ''facts''. Subsec. (c). Pub. L. 102-242, Sec. 222(b)(3), substituted ''financial supervisory'' for ''depository institutions regulatory'' wherever appearing.

12 USC Sec. 2907 TITLE 12 - BANKS AND BANKING CHAPTER 30 - COMMUNITY REINVESTMENT

Sec. 2907. Operation of branch facilities by minorities and women

(a) In general In the case of any depository institution which donates, sells on favorable terms (as determined by the appropriate Federal financial supervisory agency), or makes available on a rent-free basis any branch of such institution which is located in any predominantly minority neighborhood to any minority depository institution or women's depository institution, the amount of the contribution or the amount of the loss incurred in connection with such activity may be a factor in determining whether the depository institution is meeting the credit needs of the institution's community for purposes of this chapter. (b) Definitions For purposes of this section - (1) Minority depository institution The term ''minority institution'' (FOOTNOTE 1) means a depository institution (as defined in section 1813(c) of this title) - (FOOTNOTE 1) So in original. Probably should be ''minority depository institution''. (A) more than 50 percent of the ownership or control of which is held by 1 or more minority individuals; and (B) more than 50 percent of the net profit or loss of which accrues to 1 or more minority individuals. (2) Women's depository institution The term ''women's depository institution'' means a depository institution (as defined in section 1813(c) of this title) - (A) more than 50 percent of the ownership or control of which is held by 1 or more women; (B) more than 50 percent of the net profit or loss of which accrues to 1 or more women; and (C) a significant percentage of senior management positions of which are held by women. (3) Minority The term ''minority'' has the meaning given to such term by section 1204(c)(3) of the Financial Institutions Reform, Recovery and Enforcement Act of 1989.

(Pub. L. 95-128, title VIII, Sec. 808, as added Pub. L. 102-233, title IV, Sec. 402(b), Dec. 12, 1991, 105 Stat. 1775; amended Pub. L. 102-550, title IX, Sec. 909(2), Oct. 28, 1992, 106 Stat. 3874.)

REFERENCES IN TEXT Section 1204(c)(3) of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, referred to in subsec. (b)(3), is section 1204(c)(3) of Pub. L. 101-73, which is set out as a note under section 1811 of this title.

AMENDMENTS 1992 - Subsec. (a). Pub. L. 102-550 substituted ''may be a factor in determining whether the depository institution is'' for ''shall be treated as''.

Last Updated 08/03/1999 dcainternet@fdic.gov