I 
111TH CONGRESS 
1ST SESSION H. R. 1479 
To enhance the availability of capital, credit, and other banking and financial 
services for all citizens and communities, to ensure that community 
reinvestment requirements are updated to account for changes in the 
financial industry and that reinvestment requirements keep pace as 
banks, securities firms, and other financial service providers become 
affiliates as a result of the enactment of the Gramm-Leach-Bliley Act, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 12, 2009 
Ms. EDDIE BERNICE JOHNSON of Texas introduced the following bill; which 
was referred to the Committee on Financial Services, and in addition to 
the Committee on Rules, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To enhance the availability of capital, credit, and other bank-
ing and financial services for all citizens and commu-
nities, to ensure that community reinvestment require-
ments are updated to account for changes in the finan-
cial industry and that reinvestment requirements keep 
pace as banks, securities firms, and other financial serv-
ice providers become affiliates as a result of the enact-
ment of the Gramm-Leach-Bliley Act, and for other pur-
poses. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Community Reinvestment Modernization Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Purposes. 
TITLE I—MODERNIZATION OF COMMUNITY REINVESTMENT ACT 
OF 1977 AND COMMUNITY SERVICE OBLIGATIONS 
Sec. 101. Repeal of recent regulatory changes to the application of the Commu-
nity Reinvestment Act of 1977 and restoration of comprehen-
sive examinations. 
Sec. 102. Extension of community reinvestment obligations within a financial 
holding company. 
Sec. 103. Provisions relating to improved responsiveness of insured depository 
institutions to Community Reinvestment Act of 1977. 
Sec. 104. Reduction of CRA rating due to predatory lending and other negative 
credit practices. 
Sec. 105. Small business loan data collection. 
Sec. 106. Data collection of deposit accounts. 
Sec. 107. Responsiveness to community needs for securities and investment 
services. 
Sec. 108. Responsiveness to community needs for mortgages and mortgage re-
lated services by mortgage banks. 
Sec. 109. Responsiveness to community needs for insurance services. 
Sec. 110. Satisfactory ratings required by securities company, mortgage bank, 
and insurance company affiliates of financial holding compa-
nies. 
Sec. 111. Responsiveness to community needs by credit unions. 
TITLE II—DATA DISCLOSURE REQUIREMENTS 
Subtitle A—Disclosure of Insurance Availability and Insurer Investment 
Information 
Sec. 201. Short title. 
Sec. 202. Establishment of general requirements to submit information. 
Sec. 203. Reporting of noncommercial insurance information. 
Sec. 204. Reporting of rural insurance information. 
Sec. 205. Waiver of reporting requirements. 
Sec. 206. Reporting by private mortgage insurers. 
Sec. 207. Reporting of information regarding investments by insurers. 
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Sec. 208. Submission of information to Secretary and maintenance of informa-
tion. 
Sec. 209. Availability and access system. 
Sec. 210. Designations. 
Sec. 211. Enforcement. 
Sec. 212. Exemption and relation to State laws. 
Sec. 213. Regulations. 
Sec. 214. Definitions. 
Sec. 215. Effective date. 
Subtitle B—Improvements in Other Data Disclosure Requirements 
Sec. 221. Maintenance and disclosure of information by the Financial Institu-
tions Examination Council. 
TITLE III—REGULATORY AND STRUCTURAL REFORMS 
Sec. 301. Antiredlining requirement for financial holding companies. 
Sec. 302. Notice and public comment required before establishing a financial 
holding company. 
Sec. 303. Public meetings for bank acquisitions and mergers. 
Sec. 304. Branch closure requirements. 
Sec. 305. CRA examination schedule for small banks. 
Sec. 306. CRA sunshine requirements. 
Sec. 307. Continuing community reinvestment requirement for financial holding 
companies. 
Sec. 308. Changes in reporting requirements under the Home Mortgage Disclo-
sure Act of 1975. 
Sec. 309. Annual report and congressional hearings. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) Because the Community Reinvestment Act 
of 1977 requires that community needs be met in a 
safe and sound manner, the Act must be updated 
and applied to nonbank financial institutions as well 
as depository institutions. 
(2) The Community Reinvestment Act of 1977 
promotes community development through financing 
activities including affordable housing (rental and 
homeowner), small businesses, and economic devel-
opment. 
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(3) It is necessary to increase homeownership 
and small business ownership for low- and moderate- 
income borrowers and persons of color through safe 
and sound lending. It also is necessary to close the 
wealth gap in the United States and to increase ac-
cess to insurance and securities products. 
(4) The Community Reinvestment Act of 1977 
has been effective in increasing access to credit and 
capital because it imposes an affirmative and con-
tinual obligation on banks and thrifts to meet the 
needs of the local communities in which they are 
chartered. 
(5) The Community Reinvestment Act of 1977 
has leveraged more than $6,000,000,000,000 in 
loans and investments for low- and moderate-income 
communities according to the National Community 
Reinvestment Coalition. 
(6) Major studies, including those conducted by 
the Secretary of the Treasury, the Board of Gov-
ernors of the Federal Reserve System, and Harvard 
University, have found that the Community Rein-
vestment Act of 1977 increases home mortgage lend-
ing to minority and low- and moderate-income com-
munities and that this lending is profitable. 
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(7) The Community Reinvestment Act of 1977 
has leveraged a tremendous increase in home mort-
gage lending to minority and low- and moderate-in-
come borrowers as compared to Whites and middle- 
income borrowers; from 1993 through 2002, home 
mortgage lending has increased by 79.5 percent to 
Blacks, by 185.8 percent to Hispanics, by 29.6 per-
cent to Whites, by 90.6 percent to low- and mod-
erate-income borrowers, and by 51.4 percent to mid-
dle-income borrowers. 
(8) As recorded by data required by the Com-
munity Reinvestment Act of 1977, the annual dollar 
amount of community development loans more than 
tripled—from 
$17,700,000,000 
in 
1996 
to 
$63,800,000,000 in 2007. Depository institutions 
also made 14,800,000 small business loans totaling 
more than $581,000,000,000 in low- and moderate- 
income neighborhoods from 1996 through 2007. 
(9) Yet, inequalities in access to credit and bar-
riers to healthy product choice remain: the Board of 
Governors of the Federal Reserve System documents 
that lenders covered by the Community Reinvest-
ment Act of 1977 are less likely to offer high-cost 
and risky loan products such as piggyback loans 
than lenders which are not subject to such Act. 
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(10) The disproportionate amount of high-cost 
lending in minority and working class communities 
would be reduced if the Community Reinvestment 
Act of 1977 was expanded to non-bank institutions 
currently not covered by the Act. 
(11) Wealth inequalities are stark, and could be 
reduced in reinvestment requirements were extended 
to other segments of the financial industry. 
(12) In 2002, the median net worth for His-
panic and African-American households was $7,932 
and $5,988 respectively, while, in sharp contrast, the 
median net worth for White households was 
$88,651. 
(13) Access to insurance remains unequal, as 
research conducted by the chief economist of the Na-
tional Association of Insurance Commissioners found 
that after controlling for risk of loss, a 10 percent-
age point increase in the number of minorities in a 
zip code is associated with a 2 percentage point in-
crease in the number of ‘‘FAIR plans’’, which are 
Government-sponsored insurance plans of last resort 
for those who cannot obtain insurance in the private 
market. 
(14) In order to increase access to credit, 
wealth and insurance, it is necessary to modernize 
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the Community Reinvestment Act of 1977 to reflect 
shifting trends in the financial services industry as 
mergers among banks and non-bank financial insti-
tutions as well as changes in banking and lending 
practices. 
SEC. 3. PURPOSES. 
The purposes of this Act are as follows: 
(1) To enhance the availability of financial serv-
ices to citizens of all economic circumstances and in 
all geographic areas. 
(2) To enhance the ability of financial institu-
tions to meet the capital and credit needs, and needs 
for other banking and financial services of all citi-
zens and communities, including and especially mi-
nority and low- and moderate-income communities 
and populations. 
(3) To ensure that community reinvestment 
keeps pace with developments in the financial indus-
try and with the affiliation of banks, securities 
firms, and other financial service providers, as pro-
vided by the Gramm-Leach-Bliley Act. 
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TITLE 
I—MODERNIZATION 
OF 
COMMUNITY REINVESTMENT 
ACT OF 1977 AND COMMUNITY 
SERVICE OBLIGATIONS 
SEC. 101. REPEAL OF RECENT REGULATORY CHANGES TO 
THE APPLICATION OF THE COMMUNITY RE-
INVESTMENT ACT OF 1977 AND RESTORATION 
OF COMPREHENSIVE EXAMINATIONS. 
(a) IN GENERAL.—The revisions to the regulations 
of the Comptroller of the Currency, the Board of Gov-
ernors of the Federal Reserve System, the Federal Deposit 
Insurance Corporation, and the Director of the Office of 
Thrift Supervision that are described in subsection (b) 
shall cease to be effective as of such date and the regula-
tions of such agencies in effect before the date of the pub-
lication of the regulations described in subsection (b) shall 
apply after such date of enactment. 
(b) REGULATIONS DESCRIBED.—The regulations re-
ferred to in subsection (a) are any of the following regula-
tions: 
(1) The regulations published jointly in final 
form on August 2, 2005, 70 Federal Register 44256 
et seq.— 
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(A) by the Comptroller of the Currency, 
amending 12 Code of Federal Regulations part 
25; 
(B) by the Board of Governors of the Fed-
eral Reserve System, amending 12 Code of Fed-
eral Regulations part 228; and 
(C) by the Federal Deposit Insurance Cor-
poration, amending 12 Code of Federal Regula-
tions part 345. 
(2) The regulation published as a final regula-
tion on August 18, 2004, 69 Federal Register 
51155, et seq., by the Director of the Office of 
Thrift Supervision, amending 12 Code of Federal 
Regulations part 563e. 
(3) The regulation published as a final regula-
tion on March 2, 2005, 70 Federal Register 10023, 
et seq., by the Director of the Office of Thrift Su-
pervision, also amending 12 Code of Federal Regula-
tions part 563e. 
(4) The regulation published as a final regula-
tion on March 22, 2007, 72, Federal Register 
13429, et seq., by the Director of the Office of 
Thrift Supervision, also amending 12 Code of Fed-
eral Regulations part 563e. 
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SEC. 102. EXTENSION OF COMMUNITY REINVESTMENT OB-
LIGATIONS WITHIN A FINANCIAL HOLDING 
COMPANY. 
Section 4(l) of the Bank Holding Company Act of 
1956 (12 U.S.C. 1843(l)) is amended by adding at the 
end the following new paragraph: 
‘‘(4) COMMUNITY NEEDS.— 
‘‘(A) IN GENERAL.—All nonbank affiliates 
of any bank holding company that engage in 
lending or offer banking products or services, 
and all other nonbank financial institution af-
filiates of any bank holding company (including 
insurance companies and securities firms), shall 
be subject to the Community Reinvestment Act 
of 1977 in accordance with this paragraph and 
in the same manner as a regulated financial in-
stitution (as defined in such Act) and the 
record of any such affiliate in meeting commu-
nity credit, investment, and consumer needs 
shall be taken into account by the Federal regu-
latory agency with jurisdiction over the affili-
ate’s bank holding company in the course of re-
viewing the activities of the bank holding com-
pany or any application by such affiliate. 
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‘‘(B) BANKING PRODUCTS AND SERVICES 
DEFINED.—For purposes of this paragraph, the 
term ‘banking products and services’ includes— 
‘‘(i) insured deposits (as defined in 
section 3 of the Federal Deposit Insurance 
Act) and related deposit services; 
‘‘(ii) consumer loans and extensions of 
credit and the servicing such loans and ex-
tensions of credit; 
‘‘(iii) loans to purchase, refinance, 
construct, improve, or repair domestic resi-
dential housing or manufactured housing, 
including single-family and multifamily 
residential housing loans and home-equity 
loans, and the servicing of such loans; 
‘‘(iv) small business and commercial 
loans and the servicing of such loans; and 
‘‘(v) checking accounts, savings ac-
counts, and related accounts or instru-
ments, including accounts from which the 
owner may make withdrawals by negotiable 
or transferable instruments for the purpose 
of making payments to third parties.’’. 
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SEC. 103. PROVISIONS RELATING TO IMPROVED RESPON-
SIVENESS OF INSURED DEPOSITORY INSTITU-
TIONS TO COMMUNITY REINVESTMENT ACT 
OF 1977. 
(a) RATING REQUIRED FOR EACH STATE, METRO-
POLITAN AREA, AND SERVICE AREA.—Section 807(b)(1) 
of the Community Reinvestment Act of 1977 (12 U.S.C. 
2906(b)(1)) is amended by striking subparagraph (B) and 
inserting the following new subparagraphs: 
‘‘(B) INITIAL SEPARATE EVALUATION AND 
RATING
FOR
STATE, METROPOLITAN, OTHER 
SERVICE
AREAS
REQUIRED.—The information 
required by clauses (i) and (ii) of subparagraph 
(A) with respect to any regulated financial in-
stitution shall be presented separately, and an 
initial rating shall be determined separately, 
for— 
‘‘(i) each metropolitan area in which 
the regulated financial institution main-
tains 1 or more domestic branches; 
‘‘(ii) each State in which the regulated 
financial institution maintains 1 or more 
domestic branches outside of a metropoli-
tan area; 
‘‘(iii) each community in which the 
regulated financial institution makes more 
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than 0.5 percent of the total amount of 
loans; and 
‘‘(iv) the communities rated by the 
evaluation shall include the communities in 
which the great majority of loans have 
been issued. 
‘‘(C) CONTENT
OF
SEPARATE
EVALUA-
TION.—A written evaluation to which subpara-
graph (B) applies shall describe how the Fed-
eral financial supervisory agency has performed 
the examination of the regulated financial insti-
tution, including a list of the individual domes-
tic branches examined. 
‘‘(D) LOW AND HIGH SATISFACTORY RAT-
INGS.—In assigning ratings under subpara-
graphs (A) and (B), a Federal financial super-
visory agency may assign a rating of ‘low satis-
factory record of meeting community credit 
needs’ or ‘high satisfactory record of meeting 
community credit needs’ in lieu of the rating re-
ferred to in paragraph (2)(B). 
‘‘(E) CRA IMPROVEMENT PLAN.— 
‘‘(i) IN GENERAL.—Whenever a regu-
lated financial institution receives a rating 
of ‘low satisfactory’ or lower in any State, 
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metropolitan area, or other community in 
which it made more than 0.5 percent of 
total amount of loans, the financial institu-
tion shall submit a CRA improvement 
plan, subject to public notice and com-
ment, to the appropriate Federal financial 
supervisory agency. 
‘‘(ii) CONTENTS OF PLAN.—Any CRA 
improvement plan submitted to an appro-
priate Federal financial supervisory agency 
by a regulated financial institution pursu-
ant to clause (i) shall describe how the in-
stitution intends to improve its perform-
ance in meeting the credit needs, including 
minority and low- and moderate-income 
neighborhoods, in the service areas where 
the institution received a rating of ‘low sat-
isfactory’ or lower. 
‘‘(iii) REVIEW OF PLAN.—Any appro-
priate Federal financial supervisory agency 
regulatory agency which receives a CRA 
improvement plan under clause (i) from a 
regulated financial institution shall review 
the plan and either approve the plan or 
send it back to the institution for revisions. 
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‘‘(iv) QUARTERLY
REPORTS.—After 
an appropriate Federal financial super-
visory regulatory agency which receives a 
CRA improvement plan under clause (i) 
from a regulated financial institution ap-
proves the plan, the financial institution 
shall submit reports and data to the agen-
cy on a quarterly basis so that the regu-
latory agency and the general public can 
monitor CRA performance. 
‘‘(v) ADDITIONAL
LIMITATIONS.—If 
any regulated financial institution receives 
a rating of ‘Needs-to-improve’ or ‘Substan-
tial noncompliance’ in any assessment 
area, the appropriate Federal financial su-
pervisory agency may not accept or ap-
prove any application by such institution 
or any merger applications involving such 
institution until the institution improves 
this performance on a subsequent evalua-
tion. 
‘‘(vi) CONSIDERATION
OF
PERFORM-
ANCE IN CERTAIN REVIEWS.—The appro-
priate Federal financial supervisory agency 
shall consider the progress of a regulated 
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financial institution that submits a CRA 
improvement plan in meeting the goals de-
scribed in such plan as an integral factor 
in reviews of any application by such insti-
tution or any merger applications involving 
such institution. 
‘‘(vii) CRA IMPROVEMENT
PLAN.— 
For purposes of this paragraph, the term 
‘CRA improvement plan’ means a plan of 
a regulated financial institution to improve 
its performance in meeting the credit 
needs, including minority and low- and 
moderate-income neighborhoods, in the 
service areas where the institution received 
a rating of ‘low satisfactory’ or lower.’’. 
(b) ADDITIONAL PERFORMANCE FACTORS.—Section 
804(a)(1) of the Community Reinvestment Act of 1977 
(12 U.S.C. 2903(a)(1)) is amended— 
(1) by inserting ‘‘and neighborhoods of different 
racial characteristics’’ after ‘‘low- and moderate-in-
come neighborhoods’’; and 
(2) by inserting ‘‘, taking into account the insti-
tution’s share of the total amount of credit extended 
in neighborhoods of different racial and income 
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characteristics within such community’’ before the 
semicolon at the end. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) Section 807(b)(1)(A)(iii) of the Community 
Reinvestment 
Act 
of 
1977 
(12 
U.S.C. 
2906(b)(1)(A)(iii)) is amended— 
(A) by inserting ‘‘overall’’ after ‘‘the insti-
tution’s’’; and 
(B) by inserting ‘‘, taking into account 
each of the initial ratings determined under 
subparagraph (B) for each State, metropolitan, 
and service area in which the institution makes 
more than 0.5 percent of the total amount of 
loans’’ before the period at the end. 
(2) Section 807 of the Community Reinvest-
ment Act of 1977 (12 U.S.C. 2906) is amended— 
(A) by striking subsection (d); and 
(B) by redesignating subsection (e) as sub-
section (d). 
SEC. 104. REDUCTION OF CRA RATING DUE TO PREDATORY 
LENDING AND OTHER NEGATIVE CREDIT 
PRACTICES. 
(a) IN GENERAL.—Section 804 of the Community 
Reinvestment Act of 1977 (12 U.S.C. 2903) is amended 
by adding at the end the following new subsections: 
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‘‘(d) TREATMENT
OF PREDATORY LENDING
AND 
OTHER DISCRIMINATORY CREDIT PRACTICES.— 
‘‘(1) IN GENERAL.—In the case of a regulated 
financial institution, or an affiliate or business part-
ner of any such institution, which the appropriate 
Federal financial supervisory agency determines has 
engaged in any credit practice or securitization ac-
tivity which has a negative impact on a community 
or neighborhood, such as predatory lending or abu-
sive payday lending, or has engaged in any other 
practice or service in a manner which unlawfully dis-
criminates against any person or against minority or 
low- and moderate-income neighborhoods, the agen-
cy— 
‘‘(A) may not take any such practice or 
service into account in assessing the institu-
tion’s record of meeting the credit needs of its 
entire community; and 
‘‘(B) shall reduce the rating that would 
otherwise obtain under section 807 with respect 
to such institution after consideration of the ex-
tent of such negative or discriminatory practice 
or service. 
‘‘(2) UNLAWFUL DISCRIMINATION AND PREDA-
TORY
LENDING.—For purposes of paragraph (1), 
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the terms ‘predatory lending’ and ‘unlawfully dis-
criminates’ include any lending or discriminatory 
practice those that violates the Fair Housing Act, 
the Equal Credit Opportunity Act, the Truth in 
Lending Act, the Real Estate Settlement Procedures 
Act, the Federal Trade Commission Act, or any 
other consumer and fair lending law, including the 
law of any State or political subdivision of any 
State. 
‘‘(e) MAINTENANCE
OF CERTAIN RECORDS.—For 
purposes of determining whether a regulated financial in-
stitution engages in any practice or service described in 
subsection (d), an appropriate Federal financial super-
visory agency may require, by regulation, regulated finan-
cial institutions to maintain records of the terms and con-
ditions of credit extended by the institution or the terms 
and conditions at which credit was offered even though 
no credit was extended.’’. 
SEC. 105. SMALL BUSINESS LOAN DATA COLLECTION. 
(a) IN GENERAL.—The Equal Credit Opportunity 
Act (15 U.S.C. 1691 et seq.) is amended by inserting after 
section 704A the following new section: 
‘‘SEC. 704B. SMALL BUSINESS LOAN DATA COLLECTION. 
‘‘(a) IN GENERAL.—Subject to the requirements of 
this section, in the case of any application to a depository 
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institution for credit for a small business, the depository 
institution shall— 
‘‘(1) inquire whether the business is a women- 
or minority-owned business, without regard to 
whether such application is received in person, by 
mail, by telephone, by electronic mail or other form 
of electronic transmission, or by any other means 
and whether or not such application is in response 
to a solicitation by the depository institution; and 
‘‘(2) maintain a record of the responses to such 
inquiry separate from the application and accom-
panying information. 
‘‘(b) RIGHT TO REFUSE.—Any applicant for credit 
may refuse to provide any information requested pursuant 
to subsection (a) in connection with any application for 
credit. 
‘‘(c) NO ACCESS BY UNDERWRITERS.—No loan un-
derwriter or other officer or employee of a depository insti-
tution, or any affiliate of a depository institution, involved 
in making any determination concerning an application for 
credit shall have access to any information provided by 
the applicant pursuant to a request under subsection (a) 
in connection with such application. 
‘‘(d) FORM AND MANNER OF INFORMATION.— 
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‘‘(1) IN GENERAL.—Each depository institution 
shall compile and maintain, in accordance with regu-
lations of the Board, a record of the information 
provided by any loan applicant pursuant to a request 
under subsection (a). 
‘‘(2) ITEMIZED.—Information compiled and 
maintained under paragraph (1) shall also be 
itemized in order to clearly and conspicuously dis-
close the following: 
‘‘(A) The number of the application and 
the date the application was received. 
‘‘(B) The type and purpose of the loan or 
other credit being applied for. 
‘‘(C) The amount of the credit or credit 
limit applied for and the amount of the credit 
transaction or the credit limit approved for such 
applicant. 
‘‘(D) The type of action taken with respect 
to such application and the date of such action. 
‘‘(E) The census tract in which is located 
the principal place of business of the small busi-
ness loan applicant. 
‘‘(F) The gross annual revenue of the busi-
ness in the last fiscal year of the small business 
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loan applicant preceding the date of the appli-
cation. 
‘‘(3) NO PERSONALLY IDENTIFIABLE INFORMA-
TION.—In compiling and maintaining any record of 
information under this section, a depository institu-
tion may not include in such record the name, spe-
cific address (other than the census tract required 
under paragraph (1)(E)), telephone number, elec-
tronic mail address, and any other personally identi-
fiable information concerning any individual who is, 
or is connected with, the small business loan appli-
cant. 
‘‘(e) AVAILABILITY OF INFORMATION.— 
‘‘(1) SUBMISSION TO AGENCIES.—The data re-
quired to be compiled and maintained under this 
section by any depository institution shall be sub-
mitted annually to the agency to whom the enforce-
ment of the requirements of this title are committed 
under section 704. 
‘‘(2) AVAILABILITY
OF
INFORMATION.—Infor-
mation compiled and maintained under this section 
shall be retained for not less than 3 years after the 
date of preparation and shall be made available to 
the public, upon request, in the form required under 
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regulations prescribed by the Board. In addition, the 
Board shall annually provide this data to the public. 
‘‘(f) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
‘‘(1) DEPOSITORY INSTITUTION.—The term ‘de-
pository institution’— 
‘‘(A) has the meaning given the term in 
section 3 of the Federal Deposit Insurance Act; 
and 
‘‘(B) includes any credit union. 
‘‘(2) MINORITY-OWNED
BUSINESS.—The term 
‘minority-owned business’ means a business— 
‘‘(A) more than 50 percent of the owner-
ship or control of which is held by 1 or more 
minority individuals; and 
‘‘(B) more than 50 percent of the net prof-
it or loss of which accrues to 1 or more minor-
ity individuals. 
‘‘(3) WOMEN-OWNED
BUSINESS.—The term 
‘women-owned business’ means a business— 
‘‘(A) more than 50 percent of the owner-
ship or control of which is held by 1 or more 
women; and 
‘‘(B) more than 50 percent of the net prof-
it or loss of which accrues to 1 or more women. 
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‘‘(4) MINORITY.—The term ‘minority’ has the 
meaning given to such term by section 1204(c)(3) of 
the Financial Institutions Reform, Recovery and En-
forcement Act of 1989. 
‘‘(5) SMALL BUSINESS LOAN.—The term ‘small 
business loan’ includes any loan described or defined 
as a small business loan under any of the following 
provisions of title 12 of the Code of Federal Regula-
tions: 
‘‘(A) Section 25.12(u) of subpart A of part 
25. 
‘‘(B) Section 228.12(u) of part 228. 
‘‘(C) Section 345.12(u) of part 345. 
‘‘(D) Section 563e.12(t) of part 563e.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
Section 701(b) of the Equal Credit Opportunity Act (15 
U.S.C. 1691(b)) is amended— 
(1) by striking ‘‘or’’ after the semicolon at the 
end of paragraph (3); 
(2) in paragraph (4), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by inserting after paragraph (4), the fol-
lowing new paragraph: 
‘‘(5) to make an inquiry under section 704B in 
accordance with the requirements of such section.’’. 
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(c) CLERICAL AMENDMENT.—The table of sections 
for title VII of the Consumer Credit Protection Act is 
amended by inserting after the item relating to section 
704A the following new item: 
‘‘704B. Small business loan data collection.’’. 
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect at the end 
of the 6-month period beginning on the date of the enact-
ment of this Act. 
SEC. 106. DATA COLLECTION OF DEPOSIT ACCOUNTS. 
(a) IN GENERAL.— 
(1) RECORDS
REQUIRED.—For each branch, 
automated teller machine at which deposits are ac-
cepted, and other deposit taking service facility with 
respect to any depository institution, the depository 
institution shall maintain records of the number and 
dollar amounts of deposit accounts of customers. 
(2) GEOCODED ADDRESSES OF DEPOSITORS.— 
The customers’ addresses shall be geocoded so that 
data shall be collected regarding the census tracts of 
the residence or business location of the customers. 
(3) IDENTIFICATION OF TYPE OF DEPOSITOR.— 
In maintaining records on any depositor under this 
paragraph, the depository institution shall also re-
port whether the deposit account is for a residential 
or commercial customer. 
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(4) PUBLIC AVAILABILITY.— 
(A) IN GENERAL.—The following informa-
tion shall be publicly available on an annual 
basis: 
(i) The address and census tracts of 
each branch, automated teller machine at 
which deposits are accepted, and other de-
posit taking service facility with respect to 
any depository institution. 
(ii) The type of deposit account in-
cluding whether the account was a check-
ing or savings account. 
(iii) Data on the number and dollar 
amounts of the accounts, presented by cen-
sus tract location of the residential and 
commercial customers, shall also be col-
lected and disseminated. 
(B) PROTECTION
OF
IDENTITY.—In the 
publicly available data, any personally identifi-
able data element shall be removed so as to pro-
tect the identities of the commercial and resi-
dential customers. 
(b) AVAILABILITY OF INFORMATION.— 
(1) SUBMISSION TO AGENCIES.—The data re-
quired to be compiled and maintained under this 
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section by any depository institution shall be sub-
mitted annually to the agency to whom the enforce-
ment of the requirements of this title are committed. 
(2) AVAILABILITY OF INFORMATION.—Informa-
tion compiled and maintained under this section 
shall be retained for not less than 3 years after the 
date of preparation and shall be made available to 
the public, upon request, in the form required under 
regulations prescribed by the Board. 
(c) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
(1) DEPOSITORY INSTITUTION.—The term ‘‘de-
pository institution’’— 
(A) has the meaning given the term in sec-
tion 3 of the Federal Deposit Insurance Act; 
and 
(B) includes any credit union. 
(2) DEPOSIT ACCOUNT.—The term ‘‘deposit ac-
count’’ includes any checking, savings, and other 
types of accounts, as defined by the Board of Gov-
ernors of the Federal Reserve System. 
(d) AGENCY USE.—Any Federal agency with jurisdic-
tion over any depository institution shall— 
(1) use the data on branches and deposit ac-
counts acquired under this section as part of the ex-
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amination of the depository institution under the 
Community Reinvestment Act of 1977; and 
(2) assess the distribution of residential and 
commercial accounts at such depository institution 
across income and minority level of census tracts. 
SEC. 107. RESPONSIVENESS TO COMMUNITY NEEDS FOR 
SECURITIES AND INVESTMENT SERVICES. 
(a) AFFIRMATIVE OBLIGATION.—The purpose of this 
section is to recognize that each securities company has, 
with respect to each community comprising an assessment 
area of such company, a continuing and affirmative obliga-
tion to meet the need for financial services in such commu-
nities, including the needs of low- and moderate-income 
neighborhoods and persons of modest means. 
(b) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
(1) ASSESSMENT AREA.—The term ‘‘assessment 
area’’ means, with respect to a securities company, 
each community, including a State, metropolitan 
areas, and rural counties, in which such company— 
(A) maintains a retail office or is rep-
resented by an agent; 
(B) has not less than 0.5 percent of the 
total market in securities; or 
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(C) the communities constituting assess-
ment areas shall include the communities in 
which the great majority of securities have been 
issued. 
(2) 
COMMUNITY
DEVELOPMENT
INVEST-
MENT.—The term ‘‘community development invest-
ment’’ means investment in activities that revitalize 
and stabilize low- and moderate-income neighbor-
hoods and directly benefit low- and moderate-income 
individuals, including investment in affordable hous-
ing, community services, small-business development, 
and economic development. 
(3) SECURITIES COMPANY.—The term ‘‘securi-
ties company’’ means any person who is— 
(A) a broker or dealer that is registered 
under the Securities Exchange Act of 1934; 
(B) a registered investment adviser, prop-
erly registered by or on behalf of either the Se-
curities and Exchange Commission, with re-
spect to the investment advisory activities of 
such investment adviser and activities incidental 
to such investment advisory activities; or 
(C) an investment company that is reg-
istered under the Investment Company Act of 
1940. 
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(c) PROGRAM.— 
(1) IN
GENERAL.—The Securities and Ex-
change Commission, in consultation with the Sec-
retary of the Treasury, shall develop a program to 
ensure that securities companies meet the obliga-
tions described in subsection (a) and the require-
ments of the program under this subsection. 
(2) FACTORS TO BE INCLUDED.— 
(A) CUSTOMER
EVALUATION.—The pro-
gram shall include, as appropriate, a method 
for evaluating a securities company’s record of 
helping to meet the securities investment needs 
of its assessment area, including— 
(i) the number and distribution of 
customers throughout the community, in-
cluding minority and low- and moderate-in-
come customers and the dollar amounts of 
the investments made by such customers; 
(ii) the number and distribution of 
customers residing in minority and low- 
and moderate-income census tracts; and 
(iii) the extent to which the company 
has adopted innovative and flexible mar-
keting methods, such as low minimum 
amounts to open accounts and low trans-
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action fees, that facilitate the sale of secu-
rities to low- and moderate-income cus-
tomers. 
(B) COMMUNITY
DEVELOPMENT
INVEST-
MENTS.—The program shall include, as appro-
priate, a method for evaluating a securities 
company’s record of community development in-
vestment in each assessment area, including— 
(i) the number and dollar amount of 
community development investments in the 
assessment area; and 
(ii) the responsiveness of the securi-
ties company, through community develop-
ment investments, to the credit, capital, 
and community development needs of the 
assessment area, including low- and mod-
erate-income neighborhoods. 
(C) SERVICE
PERFORMANCE.—The pro-
gram shall include, as appropriate, a method 
for evaluating a securities company’s record of 
providing access to securities services in each 
assessment area, including— 
(i) the distribution of the company’s 
retail offices by income level and minority 
level of census tract and the range of serv-
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ices offered by retail offices across census 
tracts by income level and minority level; 
(ii) the company’s record of opening 
or closing retail offices in the assessment 
area; 
(iii) the extent to which the securities 
company has adopted effective alternate 
service systems in minority and low- and 
moderate-income neighborhoods, such as 
providing the means for minority and low- 
and moderate-income individuals to gain 
electronic access to the company at work-
places, community centers, and similar lo-
cations in low- and moderate-income neigh-
borhoods; and 
(iv) the extent to which the securities 
company has provided investment edu-
cation and other investment services, such 
as financial counseling classes, in minority 
and low- and moderate-income neighbor-
hoods in the assessment area. 
(3) RATING.— 
(A) IN GENERAL.—At least once in each 2- 
year period beginning after the date of the en-
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actment of this Act, the program shall provide 
for— 
(i) an evaluation and an initial rating 
of the performance of each securities com-
pany in meeting the obligation established 
under subsection (a) in each assessment 
area of the company; and 
(ii) an overall rating, based on the ini-
tial ratings pursuant to clause (i) of the 
overall achievement of the securities com-
pany in meeting such obligation. 
(B) RATING CATEGORIES.—The rating cat-
egories used in rating the performance of any 
securities company shall include ‘‘Outstanding’’, 
‘‘High Satisfactory’’, ‘‘Satisfactory’’, ‘‘Low Sat-
isfactory’’, ‘‘Needs-to-Improve’’, and ‘‘Substan-
tial Noncompliance’’. 
(C) TREATMENT
OF
INVESTMENT
PRAC-
TICES WITH NEGATIVE IMPACTS.—In the case 
of any securities company which the Securities 
and Exchange Commission determines has en-
gaged in securities and investment practices 
which have a negative impact on any assess-
ment area of the company or has otherwise en-
gaged in any practice or provided any service in 
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a 
manner 
which 
unlawfully 
discriminates 
against any person or against low- and mod-
erate-income neighborhoods, the Commission— 
(i) may not take any such practice 
into account in assessing the extent to 
which such company has met its obligation 
under subsection (a); and 
(ii) shall reduce the rating that would 
otherwise obtain under subparagraph (A) 
with respect to such company, after consid-
ering the extent of such negative or dis-
criminatory practice or service. 
(D) 
MAINTENANCE
OF
CERTAIN 
RECORDS.—For purposes of determining wheth-
er a securities company engages in any practice 
or service described in subparagraph (B), the 
Securities and Exchange Commission may re-
quire, by regulation, securities companies to 
maintain records of the terms and conditions at 
which securities products and services were pro-
vided by the company and the terms and condi-
tions at which such securities products or serv-
ices were offered by the company even though 
no transaction occurred. 
(E) IMPROVEMENT PLAN.— 
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(i) IN GENERAL.—Whenever a securi-
ties company receives a rating of ‘‘low sat-
isfactory’’ or lower in any assessment area, 
the company shall submit a improvement 
plan, subject to public notice and com-
ment, to the Commission. 
(ii) CONTENTS
OF
PLAN.—Any im-
provement plan submitted to the Commis-
sion by a securities company pursuant to 
clause (i) shall describe how the institution 
intends to improve its performance in any 
assessment area where the company re-
ceived a rating of ‘‘low satisfactory’’ or 
lower. 
(iii) REVIEW OF PLAN.—The Commis-
sion shall review any improvement sub-
mitted under clause (i) by a securities com-
pany and either approve the plan or send 
it back to the company for revisions. 
(iv) QUARTERLY REPORTS.—After the 
Commission approves a improvement plan 
submitted by a securities company under 
clause (i), the company shall submit re-
ports and data on a quarterly basis so that 
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the Commission and the general public can 
monitor performance. 
(v) 
ADDITIONAL
LIMITATIONS.—If 
any securities company receives a rating of 
‘‘Needs-to-improve’’ or ‘‘Substantial non-
compliance’’ in any assessment area, the 
Commission may not accept or approve 
any application by such securities company 
or any merger applications involving such 
company until the securities company im-
proves performance on a subsequent eval-
uation. 
(vi) CONSIDERATION
OF
PERFORM-
ANCE
IN
CERTAIN
REVIEWS.—The Com-
mission shall consider the progress in 
meeting the goals described in any im-
provement plan as an integral factor in re-
views of any application by such securities 
company or any merger applications involv-
ing such company. 
(4) CONSIDERATION OF SECURITIES COMPANY 
RATING.—Whenever the Commission considers an 
application to the Commission by a securities com-
pany, the Securities and Exchange Commission 
shall— 
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(A) take into account the overall rating of 
the securities company under this section and 
any improvement plans submitted pursuant to 
this section; 
(B) provide opportunity for public com-
ment on such rating (at least a 30 day public 
comment period); and 
(C) take into account changes in the com-
munity reinvestment performance of such com-
pany since the last overall rating and the likely 
future community reinvestment performance of 
such company. 
(d) RELEASE OF DATA.—Information collected by 
the Securities and Exchange Commission in connection 
with the program under subsection (c) shall be made pub-
licly available by the Commission in a format similar to 
the format for public disclosure of information under the 
Home Mortgage Disclosure Act of 1975, as determined 
to be appropriate by the Commission. 
SEC. 108. RESPONSIVENESS TO COMMUNITY NEEDS FOR 
MORTGAGES 
AND 
MORTGAGE 
RELATED 
SERVICES BY MORTGAGE BANKS. 
(a) AFFIRMATIVE
OBLIGATION.—Each mortgage 
bank shall have, with respect to each community com-
prising an assessment area of such mortgage bank, a con-
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tinuing and affirmative obligation to meet the mortgage 
credit and mortgage service needs of such communities, 
including extensions of credit in low- and moderate-income 
neighborhoods of such communities. 
(b) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
(1) ASSESSMENT AREA.—The term ‘‘assessment 
area’’ means, with respect to a mortgage bank, each 
community, including a State, metropolitan areas, 
and rural counties, in which such company— 
(A) maintains a retail office or is rep-
resented by an agent; 
(B) has not less than 0.5 percent of the 
total market in housing-related loans; or 
(C) the communities constituting assess-
ment areas shall include the communities in 
which the great majority of loans have been 
issued. 
(2) 
COMMUNITY
DEVELOPMENT
INVEST-
MENT.—The term ‘‘community development invest-
ment’’ means investment in activities that revitalize 
and stabilize low- and moderate-income neighbor-
hoods and directly benefit low- and moderate-income 
individuals, including investment in affordable hous-
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ing, community services, small-business development, 
and economic development. 
(3) MORTGAGE
BANK.—The term ‘‘mortgage 
bank’’ means any lender who does not accept depos-
its (as defined in section 3 of the Federal Deposit 
Insurance Act) and originates housing-related loans. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Housing and Urban Development. 
(c) PROGRAM.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of the Treasury, shall de-
velop a program to ensure that mortgage banks 
meet the obligations described in subsection (a) and 
the requirements of the program under this sub-
section. 
(2) FACTORS TO BE INCLUDED.— 
(A) CUSTOMER
EVALUATION.—The pro-
gram shall include, as appropriate, a method 
for evaluating a mortgage bank’s record of 
helping to meet the mortgage credit and mort-
gage service needs of its assessment area, in-
cluding— 
(i) the number and distribution of 
customers throughout the community, in-
cluding minority and low- and moderate-in-
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(A) IN GENERAL.—The program shall pro-
vide for— 
(i) an evaluation and an initial rating 
of the performance of each mortgage bank 
in meeting the obligation established under 
subsection (a) in each assessment area of 
the bank; and 
(ii) an overall rating, based on the ini-
tial ratings pursuant to clause (i) of the 
overall achievement of the mortgage bank 
in meeting such obligation. 
(B) RATING CATEGORIES.—The rating cat-
egories used in rating the performance of any 
mortgage bank shall include ‘‘Outstanding’’, 
‘‘High Satisfactory’’, ‘‘Satisfactory’’, ‘‘Low Sat-
isfactory’’, ‘‘Needs-to-Improve’’, and ‘‘Substan-
tial Noncompliance’’. 
(C) TREATMENT
OF
CREDIT
PRACTICES 
WITH NEGATIVE IMPACTS.— 
(i) IN GENERAL.—In the case of any 
mortgage bank which the Secretary deter-
mines has engaged in credit practices 
which have a negative impact on any indi-
viduals or any assessment area of the com-
pany, such as predatory mortgage lending, 
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or has otherwise engaged in any practice 
or provided any service in a manner which 
unlawfully discriminates against any per-
son or against minority or low- and mod-
erate-income 
neighborhoods, 
the 
Sec-
retary— 
(I) may not take any such prac-
tice into account in assessing the ex-
tent to which such company has met 
its obligation under subsection (a); 
and 
(II) shall reduce the rating that 
would otherwise obtain under sub-
paragraph (A) with respect to such 
company, after considering the extent 
of such negative or discriminatory 
practice or service. 
(ii) UNLAWFUL DISCRIMINATION AND 
PREDATORY
MORTGAGE
LENDING.—For 
purposes of (i), the terms ‘‘predatory mort-
gage lending’’ and ‘‘unlawfully discrimi-
nates’’ include any lending or discrimina-
tory practice those that violates the Fair 
Housing Act, the Equal Credit Oppor-
tunity Act, the Truth in Lending Act, the 
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Real Estate Settlement Procedures Act, 
the Federal Trade Commission Act, or any 
other consumer and fair lending law, in-
cluding the law of any State or political 
subdivision of any State. 
(D) 
MAINTENANCE
OF
CERTAIN 
RECORDS.—For purposes of determining wheth-
er a mortgage bank engages in any practice or 
service described in subparagraph (B), the Sec-
retary may require, by regulation, mortgage 
banks to maintain records of the terms and 
conditions at which mortgage loans and other 
services were provided by the company and the 
terms and conditions at which such mortgage 
loans and other products and services were of-
fered by the bank even though no transaction 
occurred. 
(E) IMPROVEMENT PLAN.— 
(i) IN GENERAL.—Whenever a mort-
gage bank receives a rating of ‘‘low satis-
factory’’ or lower in any assessment area, 
the bank shall submit a improvement plan, 
subject to public notice and comment, to 
the Secretary. 
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(ii) CONTENTS
OF
PLAN.—Any im-
provement plan submitted to the Secretary 
by a mortgage bank pursuant to clause (i) 
shall describe how the bank intends to im-
prove its performance in any assessment 
area where the bank received a rating of 
‘‘low satisfactory’’ or lower. 
(iii) REVIEW
OF
PLAN.—The Sec-
retary shall review any improvement sub-
mitted under clause (i) by a mortgage 
bank and either approve the plan or send 
it back to the bank for revisions. 
(iv) QUARTERLY REPORTS.—After the 
Secretary approves a improvement plan 
submitted by a mortgage bank under 
clause (i), the bank shall submit reports 
and data on a quarterly basis so that the 
Secretary and the general public can mon-
itor performance. 
(v) 
ADDITIONAL
LIMITATIONS.—If 
any mortgage bank receives a rating of 
‘‘Needs-to-improve’’ or ‘‘Substantial non-
compliance’’ in any assessment area, the 
Secretary may not accept or approve any 
application by such mortgage bank or any 
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merger applications involving such bank 
until performance improves on a subse-
quent evaluation. 
(vi) CONSIDERATION
OF
PERFORM-
ANCE
IN
CERTAIN
REVIEWS.—The Sec-
retary shall consider the progress in meet-
ing the goals described in any improvement 
plan as an integral factor in reviews of any 
application by such mortgage bank or any 
merger applications involving such bank. 
(d) CONSIDERATION OF MORTGAGE BANK’S RAT-
ING.— 
(1) REVIEW OF RATING.—At least once in each 
2-year period beginning after the date of the enact-
ment of this Act, the Secretary shall— 
(A) conduct an examination of, and assign 
ratings to, mortgage banks under this sub-
section; 
(B) review the overall rating of each mort-
gage bank under this subsection; 
(C) provide opportunity for public com-
ment on such rating; and 
(D) review changes in the community rein-
vestment performance of such mortgage bank 
since the last overall rating and the likely fu-
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ture community reinvestment performance of 
such mortgage bank. 
(2) CONSIDERATION
OF
MORTGAGE
BANK’S 
RATING.—Whenever the Secretary considers an ap-
plication by a mortgage bank, the Secretary shall— 
(A) take into account the overall rating of 
the mortgage company under this section and 
any improvement plans submitted pursuant to 
this section; 
(B) provide opportunity for public com-
ment on such rating (at least a 30 day public 
comment period); and 
(C) take into account changes in the com-
munity reinvestment performance of such com-
pany since the last overall rating and the likely 
future community reinvestment performance of 
such company. 
(3) NOTIFICATION
OF
UNSATISFACTORY
PER-
FORMANCE.—If, in conjunction with a review pursu-
ant to paragraph (1), the Secretary determines that 
a mortgage bank has failed to meet the bank’s obli-
gations described in subsection (a) and the require-
ments of the program under this subsection or failed 
to make satisfactory improvements in meeting such 
obligations and requirements, the Secretary shall no-
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tify the mortgage bank of such determination, de-
scribing the conditions giving rise to the notice. 
(4) AGREEMENT TO CORRECT CONDITIONS RE-
QUIRED.—Not later than 45 days after the date of 
receipt by a mortgage bank of a notice given under 
paragraph (3) (or such additional period as the Sec-
retary may permit), the mortgage bank shall execute 
an agreement, based on an improvement plan, with 
the Secretary to comply with the obligations and re-
quirements applicable to the mortgage bank under 
this section. 
(5) SECRETARY
MAY
IMPOSE
LIMITATIONS.— 
Until the conditions described in a notice to a mort-
gage bank under paragraph (3) are corrected, the 
Secretary may impose such limitations on the extent 
to which mortgage loans originated, held, or serviced 
by such mortgage bank may be acquired by the Fed-
eral Home Mortgage Corporation, the Federal Na-
tional Mortgage Association, or the Government Na-
tional Mortgage Association, as the Secretary deter-
mines to be appropriate under the circumstances 
and consistent with the purposes of this section. 
(6) FAILURE TO CORRECT.—If the conditions 
described in a notice to a mortgage bank under 
paragraph (3) are not corrected within 180 days 
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after the date of receipt by the mortgage bank of a 
notice under paragraph (3), the Secretary shall pro-
hibit the Federal Home Mortgage Corporation, the 
Federal National Mortgage Association, or the Gov-
ernment National Mortgage Association from acquir-
ing any mortgage loan originated, held, or serviced 
by such mortgage bank. 
(7) CONSULTATION.—In taking any action 
under this subsection, the Secretary shall consult 
with all relevant Federal and State regulatory agen-
cies and authorities. 
SEC. 109. RESPONSIVENESS TO COMMUNITY NEEDS FOR IN-
SURANCE SERVICES. 
(a) AFFIRMATIVE OBLIGATION.—The purpose of this 
section is to recognize that each insurance company has, 
with respect to each community comprising an assessment 
area of such company, a continuing and affirmative obliga-
tion to meet the need for insurance services in such com-
munities, including the needs of low- and moderate-income 
neighborhoods and persons of modest means. 
(b) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
(1) ASSESSMENT AREA.—The term ‘‘assessment 
area’’ means, with respect to an insurance company, 
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each community, including a State, metropolitan 
areas, and rural counties, in which such company— 
(A) maintains a retail office or is rep-
resented by an agent; 
(B) has not less than 0.5 percent of the 
total market in insurance; or 
(C) the communities constituting assess-
ment areas shall include the communities in 
which the great majority of policies have been 
issued. 
(2) 
COMMUNITY
DEVELOPMENT
INVEST-
MENT.—The term ‘‘community development invest-
ment’’ means investment in activities that revitalize 
and stabilize low- and moderate-income neighbor-
hoods and directly benefit low- and moderate-income 
individuals, including investment in affordable hous-
ing, community services, small-business development, 
and economic development. 
(3) INSURANCE COMPANY.—The term ‘‘insur-
ance company’’ includes any person engaged in the 
business of insurance to the extent of such activities. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Housing and Urban Development. 
(c) PROGRAM.— 
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(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of the Treasury, shall de-
velop a program to ensure that insurance companies 
meet the obligations described in subsection (a) and 
the requirements of the program under this sub-
section. 
(2) FACTORS TO BE INCLUDED.— 
(A) CUSTOMER
EVALUATION.—The pro-
gram shall include, as appropriate, a method 
for evaluating an insurance company’s record of 
helping to meet the insurance needs of its as-
sessment area, including— 
(i) the number and distribution of 
customers throughout the community, in-
cluding minority and low- and moderate-in-
come customers, and the dollar amounts of 
the insurance policies held by such cus-
tomers; 
(ii) the number and distribution of 
customers residing in minority and low- 
and moderate-income neighborhoods and 
the dollar amounts of the insurance poli-
cies held by such customers; and 
(iii) the extent to which the company 
has adopted innovative and flexible mar-
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keting methods and products that facilitate 
the sale of insurance on a nondiscrim-
inatory basis to minority and low- and 
moderate-income customers. 
(B) COMMUNITY
DEVELOPMENT
INVEST-
MENTS.—The program shall include, as appro-
priate, a method for evaluating an insurance 
company’s record of community development in-
vestment in each assessment area, including— 
(i) the number and dollar amount of 
community development investments in the 
assessment area; and 
(ii) the responsiveness of the insur-
ance company, through community devel-
opment investments, to the credit, capital, 
and community development needs of the 
assessment area, including low- and mod-
erate-income neighborhoods. 
(C) SERVICE
PERFORMANCE.—The pro-
gram shall include, as appropriate, a method 
for evaluating an insurance company’s record of 
providing access to insurance services in each 
assessment area, including— 
(i) the distribution of the insurance 
company’s retail offices by income level 
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and minority level of census tract and the 
range of services offered by retail offices 
across census tracts by income level and 
minority level; 
(ii) the company’s record of opening 
or closing retail offices or affiliating with 
agents in the assessment area; 
(iii) the extent to which the insurance 
company has adopted effective alternate 
servicing systems in minority and low- and 
moderate-income neighborhoods, such as 
providing the means for minority and low- 
and moderate-income individuals to gain 
electronic access to the company at work-
places, community centers, and similar lo-
cations in minority and low- and moderate- 
income neighborhoods; and 
(iv) the extent to which the insurance 
company has provided insurance education 
and other insurance services, such as fi-
nancial counseling classes, in minority and 
low- and moderate-income neighborhoods 
in the assessment areas. 
(3) RATING.— 
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