Regulation G implements the Community
Reinvestment Act (CRA) sunshine provisions added by section 711 of
the Gramm-Leach-Bliley Act (Pub. L. No. 106-102, 113 Stat. 1338 (1999)).
These provisions, which are contained in section 48 of the Federal
Deposit Insurance Act (12 USC 1831y), require parties to certain agreements
that are in fulfillment of the CRA to make the agreements available
to the public and the appropriate agency and to file annual reports
concerning the agreements with the appropriate agency. Section 48
applies to written agreements that—
- are made in fulfillment of the CRA;
- involve funds or other resources of an insured depository
institution or affiliate with an aggregate value of more than $10,000
in a year, or loans with an aggregate principal value of more than
$50,000 in a year; and
- are entered into by an insured depository institution
or affiliate of an insured depository institution and a nongovernmental
entity or person.
Section 48 does not, however, cover any agreement
with a nongovernmental entity or person that has not had a CRA contact
with an insured depository institution or affiliate or a banking agency,
such as agreements entered into by entities or persons that solicit
charitable contributions or other funds without regard to the CRA.
Under section 48, the parties to a covered agreement must make the
agreement available to the public and the appropriate agency. The
parties also must file a report annually with the appropriate agency
concerning the disbursement, receipt, and use of funds or other resources
under the agreement.
Regulation G identifies the types of written agreements
that are covered by the statute (referred to as covered agreements),
defines many of the terms used in the statute, describes how the parties
to a covered agreement must make the agreement available to the public
and the appropriate agencies, and explains the type of information
that must be included in the annual report filed by a party to a covered
agreement.