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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency 12 CFR Parts 25 and 195
Docket ID OCC20210014
RIN 1557AF12

Community Reinvestment Act Regulations Office of the Comptroller of the Currency, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:

The Comptroller of the Currency proposes to replace the current Community Reinvestment Act rule with rules based on the 1995
Community Reinvestment Act CRA
rules, as revised, issued by the Office of the Comptroller of the Currency OCC, Board of Governors of the Federal Reserve System Board, and Federal Deposit Insurance Corporation FDIC.
The proposal would replace the existing rule applicable to both national banks and savings associations with two separate rules, one for national banks and one for savings associations. Such action would effectively rescind the CRA final rule published by the Office of the Comptroller of the Currency on June 5, 2020, and facilitate the issuance of joint CRA rules with the Board and FDIC.
DATES: Comments must be received on or before October 29, 2021.
ADDRESSES: Commenters are encouraged to submit comments through the Federal eRulemaking Portal. Please use the title Community Reinvestment Act Regulations to facilitate the organization and distribution of the comments. You may submit comments by any of the following methods:
b Federal eRulemaking Portal Regulations.gov: Go to https
regulations.gov/. Enter Docket ID OCC
20210014 in the Search Box and click Search. Public comments can be submitted via the Comment box below the displayed document information or by clicking on the document title and then clicking the Comment box on the top-left side of the screen. For help with submitting effective comments please click on Commenters Checklist. For assistance with the Regulations.gov site, please call 877 3785457 toll free or 703 4549859 MondayFriday, 9am 5pm ET or email regulations@
erulemakinghelpdesk.com.
b Mail: Chief Counsels Office, Attention: Comment Processing, Office of the Comptroller of the Currency, 400
SUMMARY:

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7th Street SW, Suite 3E218, Washington, DC 20219.
b Hand Delivery/Courier: 400 7th Street SW, Suite 3E218, Washington, DC 20219.
Instructions: You must include OCC as the agency name and Docket ID OCC20210014 in your comment.
In general, the OCC will enter all comments received into the docket and publish the comments on the Regulations.gov website without change, including any business or personal information provided, such as name and address information, email addresses, or phone numbers.
Comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not include any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure.
You may review comments and other related materials that pertain to this action by the following method:
b Viewing Comments ElectronicallyRegulations.gov: Go to https regulations.gov/. Enter Docket ID OCC20210014 in the Search Box and click Search. Click on the Documents tab and then the documents title. After clicking the documents title, click the Browse Comments tab. Comments can be viewed and filtered by clicking on the Sort By drop-down on the right side of the screen or the Refine Results options on the left side of the screen.
Supporting materials can be viewed by clicking on the Documents tab and filtered by clicking on the Sort By drop-down on the right side of the screen or the Refine Documents Results options on the left side of the screen. For assistance with the Regulations.gov site, please call 877
3785457 toll free or 703 4549859
MondayFriday, 9am5pm ET or email regulations@erulemakinghelpdesk.com.
The docket may be viewed after the close of the comment period in the same manner as during the comment period.
FOR FURTHER INFORMATION CONTACT:

Emily Boyes, Counsel, Chief Counsels Office, 202 6495490; Vonda Eanes, Director for CRA and Fair Lending Policy, Bobbie K. Kennedy, Technical Expert for CRA and Fair Lending, or Karen Bellesi, Director for Community Development, Bank Supervision Policy, 202 6495470, Office of the Comptroller of the Currency, 400 7th Street SW, Washington, DC 20219.
SUPPLEMENTARY INFORMATION:

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I. Introduction The Office of the Comptroller of the Currency OCC 1 proposes to rescind and replace its rule implementing the Community Reinvestment Act CRA 2
for national banks and savings associations 3 collectively, banks,4 that was published on June 5, 2020 June 2020 Rule.5 The OCC would replace the June 2020 Rule with rules largely based on those adopted by the OCC, Federal Deposit Insurance Corporation FDIC, and Board of Governors of the Federal Reserve System Board collectively, the Agencies and the former Office of Thrift Supervision on May 4, 1995, as revised 1995 Rules.6 The proposal would align the OCCs CRA rules with the current Board and FDIC CRA rules to facilitate on-going interagency work to modernize the CRA rules 7 and create consistency for all insured depository institutions IDIs.8
As explained in greater detail below, under this proposal, the June 2020 Rule would remain in effect until replaced by 1 The OCC is the primary regulator for national banks and Federal savings associations.
2 Public Law 95128, 91 Stat. 1147 1977, codified at 12 U.S.C. 2901 et seq. The CRA was enacted to promote access to credit by encouraging insured depository institutions to serve their entire communities. During this period, Congress also enacted fair lending laws to address fairness and access to housing and credit. For example, in 1968, Congress passed the Fair Housing Act, 42 U.S.C.
3601 et seq., to prohibit discrimination in renting or buying a home. In 1974, Congress passed the Equal Credit Opportunity Act, 15 U.S.C. 1691 et seq. amended in 1976, to prohibit creditors from discriminating against an applicant on the basis of race, color, religion, national origin, sex, marital status, or age. These fair lending laws provide a legal basis for prohibiting discriminatory lending practices, such as redlining. Interagency Fair Lending Examination Procedures, p. iv Aug. 2009, available at https www.ffiec.gov/PDF/fairlend.pdf.
3 The Office of Thrift Supervision OTS and its predecessor agency, the Federal Home Loan Bank Board, also were charged with implementing the CRA. The rulemaking authority of OTS with respect to CRA transferred to the OCC in Title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111203, 124 Stat. 1376, 1520 2010. See also 12 U.S.C. 2905. The OCC has responsibility for examining Federal savings associations for CRA while the FDIC examines State savings associations for CRA.
4 As used throughout this notice, the term bank or banks also includes uninsured Federal branches that result from an acquisition described in section 5a8 of the International Banking Act of 1978 12 U.S.C. 3103a8 and State savings associations.
5 85 FR 34734 June 5, 2020.
6 60 FR 22156 May 4, 1995. As used herein, the 1995 Rules refer to the regulatory framework adopted by the Agencies in 1995 and any revisions the Agencies have made to that regulatory framework, except for the changes made by the OCC
in the June 2020 Rule. E.g., 70 FR 44256 Aug. 2, 2005.
7 NR 202177, Interagency Statement on Community Reinvestment Act Joint Agency Action July 20, 2021.
8 12 U.S.C. 1813c2.

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