{"identifier":"/us/usc/t12/s2906","title":12,"num":"\u00a7\u202f2906.","heading":"Written evaluations","text":"\u00a7\u202f2906.\nWritten evaluations\n(a)\nRequired\n(1)\nIn general\nUpon the conclusion of each examination of an insured depository institution under\nsection 2903 of this title\n(2)\nPublic and confidential sections\nEach written evaluation required under paragraph (1) shall have a public section and a confidential section.\n(b)\nPublic section of report\n(1)\nFindings and conclusions\n(A)\nContents of written evaluation\nThe public section of the written evaluation shall\u2014\n(i) state the appropriate Federal financial supervisory agency\u2019s conclusions for each assessment factor identified in the regulations prescribed by the Federal financial supervisory agencies to implement this chapter;\n(ii) discuss the facts and data supporting such conclusions; and\n(iii) contain the institution\u2019s rating and a statement describing the basis for the rating.\n(B)\nMetropolitan area distinctions\nThe 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.\n(2)\nAssigned rating\nThe institution\u2019s rating referred to in paragraph (1)(C)\n(A) \u201cOutstanding record of meeting community credit needs\u201d.\n(B) \u201cSatisfactory record of meeting community credit needs\u201d.\n(C) \u201cNeeds to improve record of meeting community credit needs\u201d.\n(D) \u201cSubstantial noncompliance in meeting community credit needs\u201d.\nSuch ratings shall be disclosed to the public on and after\nJuly 1, 1990\n(c)\nConfidential section of report\n(1)\nPrivacy of named individuals\nThe 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.\n(2)\nTopics not suitable for disclosure\nThe 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.\n(3)\nDisclosure to depository institution\nThe 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.\n(d)\nInstitutions with interstate branches\n(1)\nState-by-State evaluation\nIn the case of a regulated financial institution that maintains domestic branches in 2 or more States, the appropriate Federal financial supervisory agency shall prepare\u2014\n(A) a written evaluation of the entire institution\u2019s record of performance under this chapter, as required by subsections (a), (b), and (c); and\n(B) for each State in which the institution maintains 1 or more domestic branches, a separate written evaluation of the institution\u2019s record of performance within such State under this chapter, as required by subsections (a), (b), and (c).\n(2)\nMultistate metropolitan areas\nIn 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\u2019s 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.\n(3)\nContent of State level evaluation\nA written evaluation prepared pursuant to paragraph (1)(B) shall\u2014\n(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\n(B) describe how the Federal financial supervisory agency has performed the examination of the institution, including a list of the individual branches examined.\n(e)\nDefinitions\nFor purposes of this section the following definitions shall apply:\n(1)\nDomestic branch\nThe term \u201cdomestic branch\u201d means any branch office or other facility of a regulated financial institution that accepts deposits, located in any State.\n(2)\nMetropolitan area\nThe term \u201cmetropolitan area\u201d 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.\n(3)\nState\nThe term \u201cState\u201d has the same meaning as in\nsection 1813 of this title","url":"https://projectusc.org/usc/t12/s2906.html","content":[{"t":"sec","id":"/us/usc/t12/s2906","children":[{"t":"num","text":"\u00a7\u202f2906."},{"t":"heading","text":"Written evaluations"},{"t":"subsec","id":"/us/usc/t12/s2906/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Required"},{"t":"para","id":"/us/usc/t12/s2906/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Upon the conclusion of each examination of an insured depository institution under ","children":[{"t":"ref","text":"section 2903 of this title","href":"/us/usc/t12/s2903","tail":", the appropriate Federal financial supervisory agency shall prepare a written evaluation of the institution\u2019s record of meeting the credit needs of its entire community, including low- and moderate-income neighborhoods."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s2906/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Public and confidential sections"},{"t":"content","children":[{"t":"p","text":"Each written evaluation required under paragraph (1) shall have a public section and a confidential section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s2906/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Public section of report"},{"t":"para","id":"/us/usc/t12/s2906/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Findings and conclusions"},{"t":"subpara","id":"/us/usc/t12/s2906/b/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Contents of written evaluation"},{"t":"chapeau","text":"The public section of the written evaluation shall\u2014"},{"t":"clause","id":"/us/usc/t12/s2906/b/1/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" state the appropriate Federal financial supervisory agency\u2019s conclusions for each assessment factor identified in the regulations prescribed by the Federal financial supervisory agencies to implement this chapter;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t12/s2906/b/1/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" discuss the facts and data supporting such conclusions; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t12/s2906/b/1/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" contain the institution\u2019s rating and a statement describing the basis for the rating.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s2906/b/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Metropolitan area distinctions"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s2906/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Assigned rating"},{"t":"chapeau","text":"The institution\u2019s rating referred to in paragraph (1)(C)\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be paragraph \u201c(1)(A)(iii)\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be paragraph \u201c(1)(A)(iii)\u201d.","tail":" shall be 1 of the following:"}]},{"t":"subpara","id":"/us/usc/t12/s2906/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" \u201cOutstanding record of meeting community credit needs\u201d.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s2906/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" \u201cSatisfactory record of meeting community credit needs\u201d.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s2906/b/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" \u201cNeeds to improve record of meeting community credit needs\u201d.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s2906/b/2/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" \u201cSubstantial noncompliance in meeting community credit needs\u201d.","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"Such ratings shall be disclosed to the public on and after ","children":[{"t":"text","text":"July 1, 1990","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s2906/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Confidential section of report"},{"t":"para","id":"/us/usc/t12/s2906/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Privacy of named individuals"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s2906/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Topics not suitable for disclosure"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s2906/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Disclosure to depository institution"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s2906/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Institutions with interstate branches"},{"t":"para","id":"/us/usc/t12/s2906/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"State-by-State evaluation"},{"t":"chapeau","text":"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\u2014"},{"t":"subpara","id":"/us/usc/t12/s2906/d/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a written evaluation of the entire institution\u2019s record of performance under this chapter, as required by subsections (a), (b), and (c); and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s2906/d/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" for each State in which the institution maintains 1 or more domestic branches, a separate written evaluation of the institution\u2019s record of performance within such State under this chapter, as required by subsections (a), (b), and (c).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s2906/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Multistate metropolitan areas"},{"t":"content","children":[{"t":"p","text":"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\u2019s 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s2906/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Content of State level evaluation"},{"t":"chapeau","text":"A written evaluation prepared pursuant to paragraph (1)(B) shall\u2014"},{"t":"subpara","id":"/us/usc/t12/s2906/d/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s2906/d/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" describe how the Federal financial supervisory agency has performed the examination of the institution, including a list of the individual branches examined.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s2906/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"For purposes of this section the following definitions shall apply:"},{"t":"para","id":"/us/usc/t12/s2906/e/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Domestic branch"},{"t":"content","children":[{"t":"p","text":"The term \u201cdomestic branch\u201d means any branch office or other facility of a regulated financial institution that accepts deposits, located in any State.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s2906/e/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Metropolitan area"},{"t":"content","children":[{"t":"p","text":"The term \u201cmetropolitan area\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s2906/e/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"State"},{"t":"content","children":[{"t":"p","text":"The term \u201cState\u201d has the same meaning as in ","children":[{"t":"ref","text":"section 1813 of this title","href":"/us/usc/t12/s1813","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}