Skip to content

Title 12 — Banks and Banking

Chapter 30 — Community Reinvestment

§ 2906. Written evaluations

Statutory text

(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) 1 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”.

Such ratings shall be disclosed to the public on and after .

(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); 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)

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). 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) 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.

Footnotes

  1. 1 So in original. Probably should be paragraph “(1)(A)(iii)”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Housing and Community Development Act of 1977

    Pub. L. 95–128 title VIII § 807 · 91 Stat. 1111

    Enacted · 12 U.S.C. § 2906

    Pub. L. 95–128, title VIII, § 807, as added Pub. L. 101–73, title XII, § 1212(b), Aug. 9, 1989, 103 Stat. 527

    Source evidence

    Code source credit
    Pub. L. 95–128, title VIII, § 807, as added Pub. L. 101–73, title XII, § 1212(b), Aug. 9, 1989, 103 Stat. 527

  2. Federal Deposit Insurance Corporation Improvement Act of 1991

    Pub. L. 102–242 § 222(b)(1) · 105 Stat. 2236

    Substituted · 12 U.S.C. § 2906(a)(1)

    Pub. L. 102–242, § 222(b)(1), substituted “financial supervisory” for “depository institutions regulatory”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 102–242, § 222(b)(1), substituted “financial supervisory” for “depository institutions regulatory”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1), by striking “depository institutions regulatory agency” and inserting “financial supervisory agency”;

  3. Federal Deposit Insurance Corporation Improvement Act of 1991

    Pub. L. 102–242 § 222(b)(2) · 105 Stat. 2236

    Substituted · 12 U.S.C. § 2906(b)(1)(A)

    Pub. L. 102–242, § 222(b)(2), substituted “financial supervisory” for “depository institutions regulatory” in two places

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 102–242, § 222(b)(2), substituted “financial supervisory” for “depository institutions regulatory” in two places.

    Enacted provision · exact public law section
    (2) in subsection (b)(1)(A)— (A) by striking “depository institutions regulatory agency’s” and inserting “financial supervisory agency’s”; and (B) by striking “depository institutions regulatory agencies” and inserting “financial supervisory agencies”; and

  4. Federal Deposit Insurance Corporation Improvement Act of 1991

    Pub. L. 102–242 § 222(a) · 105 Stat. 2236

    Inserted · 12 U.S.C. § 2906(b)(1)(B)

    Pub. L. 102–242, § 222(a), inserted “and data” after “facts”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 102–242, § 222(a), inserted “and data” after “facts”.

    Enacted provision · exact public law section
    (a) Public Sections of Community Reinvestment Act Reports.— Section 807(b)(1)(B) of the Community Reinvestment Act of 1977 (12 U.S.C. 2906(b)(1)(B)) is amended by inserting “and data” after “facts”.

  5. Federal Deposit Insurance Corporation Improvement Act of 1991

    Pub. L. 102–242 § 222(b)(3) · 105 Stat. 2236

    Substituted · 12 U.S.C. § 2906(c)

    Pub. L. 102–242, § 222(b)(3), substituted “financial supervisory” for “depository institutions regulatory” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–242, § 222(b)(3), substituted “financial supervisory” for “depository institutions regulatory” wherever appearing.

    Enacted provision · exact public law section
    (3) in subsection (c), by striking “depository institutions regulatory agency” each place such term appears and inserting “financial supervisory agency”.

  6. Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994

    Pub. L. 103–328 § 110(b) · 108 Stat. 2338

    1. Redesignated · 12 U.S.C. § 2906(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)

    2. Inserted · 12 U.S.C. § 2906(b)(1)

      Pub. L. 103–328, § 110(b), inserted subpar. (A) heading

    3. Added · 12 U.S.C. § 2906(b)(1)

      Pub. L. 103–328, § 110(b), added subpar. (B)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (b) Separate Presentation.— Section 807(b)(1) of the Community Reinvestment Act of 1977 (12 U.S.C. 2906(b)(1)) is amended— (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively; (2) striking “The public” and inserting the following: “(A) Contents of written evaluation.— The public; and (3) by adding at the end the following new subparagraph: “(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.”.

  7. Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994

    Pub. L. 103–328 § 110(a) · 108 Stat. 2338

    Added · 12 U.S.C. § 2906(d); 12 U.S.C. § 2906(e)

    Pub. L. 103–328, § 110(a), added subsecs. (d) and (e)

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 103–328, § 110(a), added subsecs. (d) and (e).

    Enacted provision · exact public law section
    (a) In General.— Section 807 of the Community Reinvestment Act of 1977 (12 U.S.C. 2906) is amended by adding at the end the following new subsections: “(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 title, 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 title, as required by subsections (a), (b), and (c). “(2) Multtstate 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 title, 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) 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) 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 3 of the Federal Deposit Insurance Act.”.

8 of 9 references resolved to an enrolled provision · 1 partial

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.

Amendments1991–1994 · 2 rounds

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.

Credits

1989–1994 · 3 acts
  1. 1989Pub. L. 95–128, title VIII, § 807, as added Pub. L. 101–73, title XII, § 1212(b), , 103 Stat. 527
  2. 1991amended Pub. L. 102–242, title II, § 222, , 105 Stat. 2306
  3. 1994Pub. L. 103–328, title I, § 110, , 108 Stat. 2364.
Show as published

(Pub. L. 95–128, title VIII, § 807, as added Pub. L. 101–73, title XII, § 1212(b), , 103 Stat. 527; amended Pub. L. 102–242, title II, § 222, , 105 Stat. 2306; Pub. L. 103–328, title I, § 110, , 108 Stat. 2364.)

Parsed from the official OLRC USLM XML in data/usc_all/usc12.xml · release point 119-108 · OLRC build 2026-07-23

USLM identifier /us/usc/t12/s2906