such percentage for all Federal depository institutions
and State depository institutions having their prin-
cipal place of operations in the host State or that
market area—
(A) the appropriate Federal banking agency
for the branch shall review the loan portfolio of
the branch and determine whether the branch is
reasonably meeting the credit needs of the com-
munity 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 deposi-
tory 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 institutions.
(e) DEFINITIONS.—For the purposes of this section, the
following definitions shall apply:
(1) APPROPRIATE FEDERAL BANKING AGENCY.—
The term ‘‘appropriate Federal banking agency’’ has
the same meaning as in section 3 of the Federal De-
posit Insurance Act.
(2) BRANCH.—The term ‘‘branch’’ means any of-
fice, 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 ‘‘Fed-
eral depository institution’’ and ‘‘State depository in-
stitution’’ have the same meanings as in section 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 an 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 located;
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 greatest.
(5) INTERSTATE BRANCH.—The term ‘‘interstate
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 greatest.
(7) STATE DEFINED.—The term ‘‘State’’ has the
same meaning as in section 3 of the Federal Deposit
Insurance Act.
SEC. 108. FEDERAL RESERVE BOARD STUDY ON BANK FEES.
(a) IN GENERAL.—Section 1002 of the Financial In-
stitutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 1811 note) is amended to read as follows:
‘‘SEC. 1002. SURVEY OF BANK FEES AND SERVICES.
‘‘(a) ANNUAL SURVEY REQUIRED.—The Board of Gov-
ernors of the Federal Reserve System shall obtain a sample,
which is representative by geographic location and size of
the institution, of—
‘‘(1) certain retail banking services provided by
insured depository institutions; and
‘‘(2) the fees, if any, which are imposed by such
institutions for providing such service, including fees
imposed for not sufficient funds, deposit items re-
turned, and automated teller machines.
‘‘(b) ANNUAL REPORT TO CONGRESS REQUIRED.—
‘‘(1) PREPARATION.—The Board of Governors of
the Federal Reserve System shall prepare a report of
the results of each survey conducted pursuant to sub-
section (a).
‘‘(2) CONTENTS OF THE REPORT.—Each report
prepared pursuant to paragraph (1) shall include—
‘‘(A) a description of any discernible trend,
in the Nation as a whole and in each State, in
the cost and availability of retail banking serv-
ices which delineates differences on the basis of
size of the institution and engagement in
multistate activity; and
‘‘(B) a description of the correlation, if any,
among the following factors:
‘‘(i) An increase or decrease in the
amount of any deposit insurance premium
assessed by the Federal Deposit Insurance
Corporation against insured depository in-
stitutions.
‘‘(ii) An increase or decrease in the
amount of the fees imposed by such institu-
tions for providing retail banking services.
‘‘(iii) A decrease in the availability of
such services.
‘‘(3) SUBMISSION TO CONGRESS.—The Board of
Governors of the Federal Reserve System shall submit
each annual report to the Congress not later than
June 1 of each calendar year.’’.
(b) SUNSET.—The requirements of subsection (a) shall
not apply after the end of the 7-year period beginning on
the date of enactment of this Act.
SEC. 109. RESTATEMENT OF EXISTING LAW.
No provision of this title and no amendment made by
this title to any other provision of law shall be construed
as affecting in any way the right of any State, or any polit-
ical subdivision of any State, to impose or maintain a non-
discriminatory franchise tax or other nonproperty tax in-
stead 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 maintains
1 or more domestic branches located outside the State
in which the institution’s principal place of business
is located (hereafter in this subsection referred to as
the ‘home State’), the appropriate Federal 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 institution
maintains 1 or more domestic branches (includ-
ing the institution’s home State), a separate
written evaluation of the institution’s record of
performance within such State under this Act, as
required by subparagraphs (A) and (B) of sub-
section (b)(1) of this section.
‘‘(2) CONTENT OF STATE LEVEL EVALUATION.—
A written evaluation prepared pursuant to paragraph
(1)(B) of this subsection shall report the information
required by such paragraph separately for each met-
ropolitan area (as defined by the appropriate 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 institution maintains 1 or
more domestic branch offices in such nonmetropolitan
area.’’.
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