Community Reinvestment Act: OCC Issues Final Rule Revising the Community Reinvestment Act Regulations for National Banks and Federal Savings Associations; Signals Forthcoming Rulemaking to Determine Thresholds for Metrics

Sullivan & Cromwell LLP - May 27, 2020

On May 20, 2020, the Office of the Comptroller of the Currency (“OCC”) issued a final rule that comprehensively amends the Community Reinvestment Act regulations applicable to national banks and federal savings associations.  Although the final rule retains in large measure the structure of the proposal, it also includes several notable changes.  For example, the final rule defers the calibration of the performance benchmarks, thresholds and minimums intended to generate presumptive ratings in the new evaluation framework.  This memorandum describes this and other notable differences between the proposal and the final rule.