(A) the appropriate Federal banking agen-
cy for the branch shall review the loan portfolio
of the branch and determine whether the
branch is reasonably meeting the credit needs
of the community and market area in which the
branch operates; and
(B) if the agency determines that the
branch is not reasonably meeting those needs—
(i) the branch shall be closed, and
(ii) the person which established the
branch may not open a new branch in that
State unless the person provides reasonable
assurances to the satisfaction of the appro-
priate Federal banking agency that the
new branch will reasonably meet the credit
needs of the community and market area
in which the new branch will operate.
(2) CONSIDERATIONS.—In making a determina-
tion under paragraph (1)(A) regarding an interstate
branch, the appropriate Federal banking agency
shall consider—
(A) whether the branch was acquired as
part of the purchase of a failed or failing depos-
itory institution;
(B) whether the branch has a higher con-
centration of commercial and credit card lend-
ing; and
(C) the ratings received by the branch in
evaluations under the Community Reinvestment
Act of 1977.
(d) APPLICATION.—This section shall not apply to
any interstate branch acquired before January 1, 1992,
as part of any consolidation or merger of depository insti-
tutions.
(e) DEFINITIONS.—For the purposes of this sec-
tion—
(1) APPROPRIATE
FEDERAL
BANKING
AGEN-
CY.—The term ‘‘appropriate Federal banking agen-
cy’’ has the same meaning as in section 3 of the
Federal Deposit Insurance Act.
(2) BRANCH.—The term ‘‘branch’’ means any
office, agency, or other place of business located in
any State at which deposits are received, checks
paid, or money lent.
(3) FEDERAL
DEPOSITORY
INSTITUTION
AND
STATE
DEPOSITORY
INSTITUTION.—The 
terms
‘‘Federal depository institution’’ and ‘‘State deposi-
tory institution’’ have the same meanings as in sec-
tion 3 of the Federal Deposit Insurance Act.
(4) HOST STATE DEFINED.—The term ‘‘host
State’’ means the State in which a bank establishes
or maintains a branch, other than—
(A) in the case of a insured State bank,
the State in which the bank is chartered;
(B) in the case of a national bank, the
State in which the main office of the bank is lo-
cated; and
(C) in the case of a bank holding company,
the State in which the total deposits of all bank
subsidiaries of such company is the largest.
(5) INTERSTATE
BRANCH.—The term ‘‘inter-
state branch’’ means a branch established pursuant
to the authority referred to in subsection (a).
(6) PRINCIPAL
PLACE
OF
OPERATIONS.—The
term ‘‘principal place of operations’’ means the State
in which the total deposits of all bank subsidiaries
of a person are largest.
(7) STATE DEFINED.—The term ‘‘State’’ has
the same meaning as in section 3 of the Federal De-
posit Insurance Act.
SEC. 107. RESTATEMENT OF EXISTING LAW.
No provision of this title and no amendment made
by this title to any other provision of law shall be con-
strued as affecting in any way the right of any State, or
any political subdivision of any State, to impose or main-
tain a nondiscriminatory franchise tax or other non-
property tax instead of a franchise tax in accordance with
section 3124 of title 31, United States Code.
TITLE II—CRA EVALUATIONS
SEC. 201. STATE-BY-STATE CRA EVALUATIONS OF DEPOSI-
TORY 
INSTITUTIONS 
WITH 
INTERSTATE
BRANCHES.
Section 807 of the Community Reinvestment Act of
1977 (12 U.S.C. 2906) is amended by adding at the end
the following new subsection:
‘‘(d) 
INSTITUTIONS
WITH
INTERSTATE
BRANCHES.—
‘‘(1) STATE-BY-STATE
EVALUATION.—In the
case of a regulated financial institution which main-
tains 1 or more domestic branches located outside
the State in which the institution’s principal place of
business is located (hereafter in this subsection re-
ferred to as the ‘home State’), the appropriate Fed-
eral financial supervisory agency shall prepare—
‘‘(A) a written evaluation of the entire in-
stitution’s record of performance under this
Act, as required by subsections (a), (b), and (c)
of this section; and
‘‘(B) for each State in which the institu-
tion maintains 1 or more domestic branches
(including the institution’s home State), a sepa-
rate written evaluation of the institution’s
record of performance within such State under
this Act, as required by subparagraphs (A) and
(B) of subsection (b)(1) of this section.
‘‘(2) CONTENT
OF
STATE
LEVEL
EVALUA-
TION.—A written evaluation prepared pursuant to
paragraph (1)(B) of this subsection shall report the
information required by such paragraph separately
for each metropolitan area (as defined by the appro-
priate Federal financial supervisory agency) in which
the regulated financial institution maintains 1 or
more domestic branch offices and separately for the
nonmetropolitan portion of the State if the institu-
tion maintains 1 or more domestic branch offices in
such nonmetropolitan area.’’.
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