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FRB: Press Release--Proposed rulemaking regarding the Community Reinvestment Act, Regulation BB--February 6, 2004

Joint Press Release

Board of Governors of the Federal Reserve System
Federal Deposit Insurance Corporation
Office of the Comptroller of the Currency
Office of Thrift Supervision

For Immediate Release

February 6, 2004

Bank and Thrift Agencies Publish Proposed Rulemaking Regarding the Community
Reinvestment Act
The federal bank and thrift regulatory agencies today published in the Federal Register a
joint interagency notice of proposed rulemaking (NPR) regarding the Community
Reinvestment Act (CRA).
CRA directs the agencies to assess an insured depository institution's record of meeting the
credit needs of its entire community, and to consider that record when acting on certain
applications for branches, office relocations, mergers, consolidations and other corporate
activities. The NPR is the product of an interagency review of the CRA regulations that
fulfilled the commitment the agencies made when they adopted the current CRA regulations
in 1995 to review the regulations to determine whether they were producing objective,
performance-based CRA evaluations without imposing undue burden on institutions.
The proposed rulemaking, which is being published by the Board of Governors of the
Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the
Comptroller of the Currency and the Office of Thrift Supervision, underscores the agencies'
conclusion that the CRA regulations are essentially sound, but need to be updated to keep
pace with changes in the financial services industry.
This proposed rule was developed following the agencies' review of the CRA regulations,
which included an analysis of about four hundred comments received on the Advance
Notice of Proposed Rulemaking.
The agencies are proposing amendments to the CRA regulations in two areas.
First, to reduce unwarranted burden consistent with the agencies' ongoing efforts to identify
and reduce regulatory burden, the agencies are proposing to amend the definition of "small
institution" to mean an institution with total assets of less than $500 million, without regard
to any holding company assets.
This change would take into account substantial institutional asset growth and consolidation
in the banking and thrift industries since the definition was adopted. The proposal would
increase the number of institutions that are eligible for evaluation under the small institution
performance standards, while only slightly reducing the portion of the nation's bank and
thrift assets that is subject to evaluation under the large retail institution performance
standards.
Second, in order to better address abusive lending practices in CRA evaluations, the
agencies are proposing to amend the regulations to provide explicitly that an institution's
CRA evaluation will be adversely affected by evidence of specified discriminatory, illegal,
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7/25/24, 11:00 AM

FRB: Press Release--Proposed rulemaking regarding the Community Reinvestment Act, Regulation BB--February 6, 2004

or abusive practices by the institution or by an affiliate whose loans were considered in the
evaluation as part of the institution's own CRA record.
In addition, the agencies also propose several enhancements to the loan data disclosed in
CRA public evaluations and CRA disclosure statements.
The agencies encourage comments from the public and regulated financial institution on all
aspects of this NPR, in order to ensure a full discussion of the issues. Comments must be
received by April 6, 2004.
Attachment: Federal Register Notice (266 KB PDF)
Media Contacts:
Federal Reserve Susan Stawick
FDIC
David Barr
OCC
Robert M. Garsson
OTS
Chris Smith

202-452-2955
202-898-6992
202-874-5770
202-906-6677

2004 Banking and consumer regulatory policy
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