[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] THE COMMUNITY REINVESTMENT ACT: REVIEWING WHO WINS AND WHO LOSES WITH COMPTROLLER OTTING'S PROPOSAL ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON CONSUMER PROTECTION AND FINANCIAL INSTITUTIONS OF THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS SECOND SESSION __________ JANUARY 14, 2020 __________ Printed for the use of the Committee on Financial Services Serial No. 116-75 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] ______ U.S. GOVERNMENT PUBLISHING OFFICE 42745 PDF WASHINGTON : 2021 HOUSE COMMITTEE ON FINANCIAL SERVICES MAXINE WATERS, California, Chairwoman CAROLYN B. MALONEY, New York PATRICK McHENRY, North Carolina, NYDIA M. VELAZQUEZ, New York Ranking Member BRAD SHERMAN, California ANN WAGNER, Missouri GREGORY W. MEEKS, New York PETER T. KING, New York WM. LACY CLAY, Missouri FRANK D. LUCAS, Oklahoma DAVID SCOTT, Georgia BILL POSEY, Florida AL GREEN, Texas BLAINE LUETKEMEYER, Missouri EMANUEL CLEAVER, Missouri BILL HUIZENGA, Michigan ED PERLMUTTER, Colorado STEVE STIVERS, Ohio JIM A. HIMES, Connecticut ANDY BARR, Kentucky BILL FOSTER, Illinois SCOTT TIPTON, Colorado JOYCE BEATTY, Ohio ROGER WILLIAMS, Texas DENNY HECK, Washington FRENCH HILL, Arkansas JUAN VARGAS, California TOM EMMER, Minnesota JOSH GOTTHEIMER, New Jersey LEE M. ZELDIN, New York VICENTE GONZALEZ, Texas BARRY LOUDERMILK, Georgia AL LAWSON, Florida ALEXANDER X. MOONEY, West Virginia MICHAEL SAN NICOLAS, Guam WARREN DAVIDSON, Ohio RASHIDA TLAIB, Michigan TED BUDD, North Carolina KATIE PORTER, California DAVID KUSTOFF, Tennessee CINDY AXNE, Iowa TREY HOLLINGSWORTH, Indiana SEAN CASTEN, Illinois ANTHONY GONZALEZ, Ohio AYANNA PRESSLEY, Massachusetts JOHN ROSE, Tennessee BEN McADAMS, Utah BRYAN STEIL, Wisconsin ALEXANDRIA OCASIO-CORTEZ, New York LANCE GOODEN, Texas JENNIFER WEXTON, Virginia DENVER RIGGLEMAN, Virginia STEPHEN F. LYNCH, Massachusetts WILLIAM TIMMONS, South Carolina TULSI GABBARD, Hawaii ALMA ADAMS, North Carolina MADELEINE DEAN, Pennsylvania JESUS ``CHUY'' GARCIA, Illinois SYLVIA GARCIA, Texas DEAN PHILLIPS, Minnesota Charla Ouertatani, Staff Director Subcommittee on Consumer Protection and Financial Institutions GREGORY W. MEEKS, New York, Chairman NYDIA M. VELAZQUEZ, New York BLAINE LUETKEMEYER, Missouri, DAVID SCOTT, Georgia Ranking Member WM. LACY CLAY, Missouri FRANK D. LUCAS, Oklahoma DENNY HECK, Washington BILL POSEY, Florida BILL FOSTER, Illinois ANDY BARR, Kentucky AL LAWSON, Florida SCOTT TIPTON, Colorado, Vice RASHIDA TLAIB, Michigan Ranking Member KATIE PORTER, California ROGER WILLIAMS, Texas AYANNA PRESSLEY, Massachusetts BARRY LOUDERMILK, Georgia BEN McADAMS, Utah TED BUDD, North Carolina ALEXANDRIA OCASIO-CORTEZ, New York DAVID KUSTOFF, Tennessee JENNIFER WEXTON, Virginia DENVER RIGGLEMAN, Virginia C O N T E N T S ---------- Page Hearing held on: January 14, 2020............................................. 1 Appendix: January 14, 2020............................................. 45 WITNESSES Tuesday, January 14, 2020 Bautista, Faith, President and CEO, National Diversity Coalition (NDC).......................................................... 13 Gonzalez-Brito, Paulina, Executive Director, California Reinvestment Coalition (CRC)................................... 8 Knight, Hope, President and CEO, Greater Jamaica Development Corporation (GJDC)............................................. 12 Levi, Gerron S., Director, Policy and Government Affairs, National Community Reinvestment Coalition (NCRC)............... 6 Rodriguez, Eric, Senior Vice President, Policy and Advocacy, UnidosUS....................................................... 10 APPENDIX Prepared statements: Bautista, Faith.............................................. 45 Gonzalez-Brito, Paulina...................................... 52 Knight, Hope................................................. 179 Levi, Gerron S............................................... 183 Rodriguez, Eric.............................................. 215 THE COMMUNITY REINVESTMENT ACT: REVIEWING WHO WINS AND WHO LOSES WITH COMPTROLLER OTTING'S PROPOSAL ---------- Tuesday, January 14, 2020 U.S. House of Representatives, Subcommittee on Consumer Protection and Financial Institutions, Committee on Financial Services, Washington, D.C. The subcommittee met, pursuant to notice, at 2:39 p.m., in room 2128, Rayburn House Office Building, Hon. Gregory W. Meeks [chairman of the subcommittee] presiding. Members present: Representatives Meeks, Velazquez, Scott, Heck, Foster, Lawson, Tlaib, Porter, Pressley, Ocasio-Cortez, Wexton; Luetkemeyer, Lucas, Posey, Barr, Tipton, Williams, Loudermilk, Budd, and Riggleman. Ex officio present: Representative McHenry. Also present: Representative Garcia of Illinois. Chairman Meeks. The Subcommittee on Consumer Protection and Financial Institutions will come to order. Without objection, the Chair is authorized to declare a recess of the subcommittee at any time. Also, without objection, members of the full Financial Services Committee who are not members of the subcommittee are authorized to participate in today's hearing. Today's hearing is entitled, ``The Community Reinvestment Act: Reviewing Who Wins and Who Loses with Comptroller Otting's Proposal.'' I am now going to recognize myself for 4 minutes to give an opening statement. To my colleague, Ranking Member Luetkemeyer, and the members of the subcommittee, welcome to this hearing on modernizing the Community Reinvestment Act (CRA). This hearing is our second on the subject during this Congress, following one we held on April 9, 2019. The Community Reinvestment Act was enacted into law in 1977 as a direct response to the long, painful legacy of structural discrimination, financial exclusion, redlining, and economic suppression of racial minorities in America. At its core, the CRA is a civil rights bill. It was the fourth of a series of banking bills passed to address systemic discrimination in banking, including the Fair Housing Act of 1968, the Equal Credit Opportunity Act of 1974, and the Home Mortgage Disclosure Act of 1975. These bills built on the findings of the 1961 report from the U.S. Commission on Civil Rights, and community-led civil action in Chicago to hold banks accountable for rampant discrimination in lending. Any reforms or modernization must remain true to this legacy. Broadly speaking, there is an agreement that CRA needs to be modernized, that it needs updating in the age of online banking and fintech, that all stakeholders can benefit from greater transparency and predictability in CRA oversight examination, and that there are important opportunities to build on the experience from the past 25 years since CRA was updated. I was greatly disappointed to learn that Comptroller Otting from the Office of the Comptroller of the Currency (OCC) pulled the plug on the interagency working group to modernize CRA and insisted on plowing ahead with an approach that was widely panned in comments to the Advance Notice of Proposed Rulemaking (ANPR). Indeed, the core framework put forward by the OCC using a simple ratio has been thoroughly picked apart as inconsistent with the original civil rights intent of the CRA, breaking the link between CRA activity and the low- and moderate-income communities and, in particular, communities of color for whom the law was meant to bring redress for decades of systemic discrimination. A real head scratcher here is the fact that the banks themselves--the banks themselves--are deeply concerned about this proposal and believe that it leads to a worse outcome for everyone than the current CRA framework. The fact that OCC is taking a shotgun approach to the rulemaking, and they issued a request for data to support this new rulemaking after publishing the rule is further evidence of a process that is being railroaded. Finally, by abandoning the interagency process, Mr. Otting is making it more likely that Congress will have to legislate on CRA and that banks may face a fragmented national CRA landscape going forward with four more of the vastly different CRA regimes, including: one, the current CRA framework for banks with assets under $500 million, which were exempted by the OCC-FDIC proposal; two, the new OCC-FDIC framework for the banks to which it applies; and three, the Fed's framework which may be put forward as a rule. Some States have indicated that they may add CRA-like rules for banks in the event that the OCC's framework is adopted. This is regulatory chaos and should have been entirely avoidable. I applaud the Federal Reserve (Fed) for putting forward a methodical, data-driven approach to CRA modernization, and strongly encourage them to publish their proposal as a rule to allow comments and to contrast with the OCC's proposal. And finally, I would strongly encourage the OCC and the FDIC to allow as much time as necessary, including a 120-day comment period, to fully consider comments and data analysis of their respective proposals and to explore options to eventually merge their process with the Fed's to allow a continued national harmonization of CRA rules. With that, I recognize the ranking member of the subcommittee, the gentleman from Missouri, Mr. Luetkemeyer, for his opening statement. Mr. Luetkemeyer. Thank you, Mr. Chairman. I would like to start out with a few facts about 1977. In 1977, the Dow Jones closed the year in the 3,000s. Currently, it is almost 29,000. In 1977, a gallon of gas cost 65 cents. Currently, it is $2.59. In 1977, the first Star Wars movie was released, and we still are getting more Star Wars movies today. And last, but not least, in 1977, Jimmy Carter signed into law the Community Reinvestment Act (CRA). The CRA was originally enacted to ensure that banks were appropriately servicing their communities. However, more than 40 years after its enactment, and 30 years since it was significantly amended, the CRA has become an outdated, onerous regulation that does not reflect today's banking sector. In a world where handheld computers, internet access, and mobile banking have become norms, establishing CRA assessment areas solely based on geographic location, in my judgment, is an outdated notion. The OCC and FDIC's proposed rule to amend and modernize the CRA would provide clarity and transparency by requiring regulators to develop and publish a list of preapproved CRA activities, allowing banks to accurately assess and meet the needs of the communities instead of waiting for an examiner to make a determination after the fact. In addition to examining the geographic location of a bank, the proposal would include additional assessment areas based on deposits of a bank, taking into account the technological advances in banking and online banks. By considering deposits, the rule would expand CRA assessment areas of banks, limiting CRA deserts and decreasing CRA saturation in many urban areas. The proposal contains many provisions aimed at helping banks serve their communities. However, I would like to point out the process this Administration has taken in developing this proposal. The notion of updating the Community Reinvestment Act is not new. Regulators in this Administration and the previous Administration have a long history of collecting information regarding CRA modernization. In fact, the Federal Financial Institutions Examination Council (FFIEC) began conducting field hearings in 2010 on CRA. And in 2018, the Treasury issued recommendations to update the law as well. Continuing the transparency of this rulemaking process, the OCC issued an advance notice in August of 2018 and received over 1,500 comments before issuing a proposed rule. The OCC has also met with more than 1,100 individuals from consumer and community groups, academia, trade associations, and the banking industry to receive information on specific areas of the CRA that need to be addressed in this rule. And in accordance with the Administrative Procedure Act, the OCC and the FDIC have announced a 60-day comment period for this proposal to solicit even more information and feedback from stakeholders. I would encourage all parties involved to submit comments on this proposal to ensure it increases transparency for institutions and consumers while improving the ability of banks to serve their community. While the process throughout this proposal has been transparent, the Federal Reserve ultimately did not join the FDIC and the OCC in this rulemaking. Instead of the prudential regulators joining together to issue one consistent update to the law, an apparent bureaucratic turf war could leave bankers with the uncertainty of a bifurcated rule. Hopefully, by the time this rule is finalized, the Administration will achieve a uniform rule to modernize CRA. And hopefully, today we can learn more about efforts to achieve that goal. And with that, Mr. Chairman, I look forward to the testimony of the witnesses before us, and I yield back. Chairman Meeks. The gentleman yields back. I now recognize the gentleman from Georgia, Mr. Scott, for 1 minute. Mr. Scott. Thank you, Mr. Chairman. As we know, last month, the OCC and the FDIC put forward a notice of proposed rulemaking that would make changes to the Community Reinvestment Act. But, Mr. Chairman, our committee has to make sure that any changes that they may offer do not weaken the law's work to undo harmful, racially discriminatory practices in banking. That is what the law was put in place to do, so that we will be able to make sure that we end any discrimination against customers based upon where they live or racial indicators, as opposed to their creditworthiness. And also, Mr. Chairman, we are moving rapidly into a highly technological age. That makes it even more important that we understand and we make sure that, as we move in this advanced technological age with online lending and mobile banking, that we be extra careful, because we don't have enough of the profound financial literacy out there for people to be able to handle this advanced technology. Our work is before us. Thank you. Chairman Meeks. The gentleman's time has expired. I now recognize the ranking member of the full Financial Services Committee, the gentleman from North Carolina, Mr. McHenry, for 1 minute. Mr. McHenry. Thank you, Chairman Meeks, and thank you for your thoughtful leadership, and I thank you, as well, Ranking Member Luetkemeyer. I applaud the OCC and the FDIC for proposing a CRA reform package. I am dismayed that the Federal Reserve has been dragging their feet and won't participate in this process. I think it is important that we update CRA. The last time it was updated, it was before most Americans even had dial-up internet, and a smartphone was any phone that wasn't connected by a long wire into a wall. So, needless to say, it was before mobile banking. It was before online banking helped to serve so many in our community. And before the branching strategy of banks changed, and it has changed severely and dramatically in the last 5 to 10 years. This proposal takes into account all of those changes. I think that is positive. So, I look forward to hearing from the witnesses and stakeholders about how we communicate additions and changes and we get this thing done in a timely fashion. Chairman Meeks. The gentleman's time has expired. Today, we welcome the testimony of, first, Ms. Gerron Levi, director of policy and government affairs at the National Community Reinvestment Coalition. Ms. Levi is an attorney with nearly 20 years of Federal and State Government affairs experience. Her background includes serving in the Maryland General Assembly, where she authored laws on education, crime, and ex-offender reentry, and she was a member of the National Conference of State Legislators, the National Black Caucus of State Legislators, the National Foundation of Women Legislators, and the American Council of Young Political Leaders. During her tenure, the Maryland State's Attorneys' Association named her as the Legislator of the Year in 2010. She also served as an assistant director of the Legislation Department of the AFL-CIO, and as a legislative representative for the Laborers' International Union. Second, Ms. Paulina Gonzalez-Brito is the executive director of the California Reinvestment Coalition (CRC). Ms. Gonzalez has worked for over 20 years leading economic justice and organizing campaigns to expand workers' rights, immigrant rights, and the rights of low-income people, and people in underrepresented communities of color. Under her leadership, CRC has grown to 300-plus members, gained high visibility, expanded its focus areas to include immigrant financial protection and fines and fees work, and negotiated community reinvestment agreements with 5 banks worth more than $25 billion. She currently serves on the Community Advisory Council of the Federal Reserve Bank of San Francisco, the San Francisco Municipal Bank Feasibility Task Force, and the Board of Directors for the National Association for Latino Community Asset Builders, and she was formerly a member of the CFPB's Consumer Advisory Board. Third, Mr. Eric Rodriguez is the senior vice president for policy and advocacy at UnidosUS. Mr. Rodriguez oversees the Office of Policy and Advocacy, which is charged with directing the organization's legislative affairs, public policy research, policy analysis, and field advocacy work. He is responsible for UnidosUS's Federal and State legislative priorities and agenda. Mr. Rodriguez has extensive experience overseeing the UnidosUS public policy and advocacy activities on a wide range of issues. From 2007 to 2008, he served as deputy vice president of the public policy department, and previously directed the Policy Analysis Center. His background also includes work on such issues as tax policy, Social Security reform, welfare reform, workforce development, retirement security, and housing and financial market regulations. Mr. Rodriguez also serves on the boards of the Food Research and Action Center, the Fair Election Center, and the UnidosUS Action Fund, and he is a member of the National Academy of Social Insurance. Prior to UnidosUS, Mr. Rodriguez was a Congressional Hispanic Caucus Institute fellow, and served in U.S. Representative Nydia Velazquez's New York office. Fourth, Ms. Hope Knight is the president and CEO of Greater Jamaica Development Corporation. Ms. Knight has served as president and CEO of Greater Jamaica Development Corporation since 2015--I should say, the Greater Jamaica Development Corporation in New York. In that capacity, she has advanced the economic growth, community bank building, and sustainable real estate development, and has immensely revitalized and strengthened the Greater Jamaica/Queens region. Appointed by Mayor Bill de Blasio, Ms. Knight also serves on the New York City Planning Commission, a role which supports planning for equitable economic expansion, strengthening of housing affordability, and increasing job growth in New York City. Prior to leading the Greater Jamaica Development Corporation, she was chief operating officer for the Upper Manhattan Empowerment Zone, overseeing over $150 million in direct capital, leveraging over $1 billion in private capital, and working on projects such as the East River Plaza, the Harlem Stage, and the Victoria Theater. She has also served as vice president at Morgan Stanley in the Institutional Equities Division U.S., and as vice president of strategic planning and e-commerce at Morgan Stanley Japan. And finally, Ms. Faith Bautista is the president and CEO of the National Diversity Coalition. She is also the president and CEO of the National Asian American Coalition, a HUD-approved home counseling agency, and the nation's leading Asian American nonprofit advocating against foreclosures, advocating for greater economic and small business development, and advancing the growing economic and social power of Asian Americans. Appointed by President Trump's Administration in 2017, Ms. Bautista is currently serving a 4-year term as one of the 5 members in the U.S. Treasury Department's Community Development Financial Institutions (CDFI) Fund, and the Fund Community Advisory Board, and a member of the advisory board for the Federal Communications Commission on broadband adoption and diversity, and for the California Utility Diversity Council. She serves on the corporate advisory board for First Republic Bank, Royal Business Bank, Citizens Business Bank, and Charter Communications, and she was a former advisor and board member for CTI OneWest Bank. You will each be recognized for 5 minutes to provide an oral presentation of your testimony. And without objection, each of your written statements will be made a part of the record. I now recognize Ms. Levi for 5 minutes to give your oral presentation of your testimony. STATEMENT OF GERRON S. LEVI, DIRECTOR, POLICY AND GOVERNMENT AFFAIRS, NATIONAL COMMUNITY REINVESTMENT COALITION (NCRC) Ms. Levi. Good afternoon, Chairman Meeks, Ranking Member Luetkemeyer, and members of the subcommittee. Thank you for the opportunity to testify for this important hearing on the winners and losers in the OCC's proposed rule. I can say without equivocation that the winners would be the nation's largest banks, who would promote glowing CRA ratings to the public because they will have easier ways to meet their CRA obligations. The losers would be low- and moderate-income home buyers, renters, small businesses, small farms in their community, and the CRA ecosystem built to support better economic opportunities for them. We concur completely with the FDIC's Mr. Gruenberg, for this is a deeply misconceived proposal. The purpose of CRA is unmistakable: Congress aimed to reverse disinvestment associated with years of government policies that deprived low- to moderate-income (LMI) areas and communities of color of credit by the practice of redlining. That was and is the reason for the law, and the legacy is still with us today, and lending discrimination is ongoing. The statutory design of the CRA and its regulatory framework to date has been about curing for market failures that keep some neighborhoods thinly traded, even when there are profitable lending and investing opportunities available for the financial institutions chartered to serve them in unmet credit needs that are safe and sound to meet. NCRC's CEO, Jesse Van Tol, has called this a stealth gutting of CRA because it is a fundamental rewrite that significantly changes incentives under the law, but only the agencies fully understand its impacts, the new benchmarks and thresholds, but they fail to share what they know and estimate with the public. Our forthcoming Freedom of Information Act (FOIA) request will ask them to share more. At the outset, we have a must-do list for the agencies about the process in the name of fairness and transparency. First, extend the public comment period. The proposal is complex and has many interconnected elements. The impact on bank incentives to participate in a range of financing activities cannot be understood and analyzed in 60 days, plain and simple. We thank the members of this committee who have urged the regulators to give the public more time. Second, release the missing data and analyses. The agencies have estimated the impact of their proposed numeric benchmarks and thresholds using a variety of bank samples and other information. All of the underlying data, analyses, and modeling of the impact on bank ratings and performance should be released. Federal Reserve Governor Brainard laid out some illustrative data and charts last week about their approach, and that is a good start. Third, complete and finalize the agency request for information (RFI) on data released on Friday, that in cruel irony closes for comment the day after the overall rulemaking. The data RFI will inform critical pieces here of the CRA evaluation measure or dominant single metric and presumptive ratings, including how to measure bank capacity. We really need to know this so that we can meaningfully comment on how severe the rationing of CRA credit will be. On to the substance. The CRA evaluation measure is an overly determinative single metric that ensures rationing of CRA credit. The public comments on all sides were clear: no single metric. The agency has added a supplement, but we have a single dollar volumetric triggering presumptive CRA ratings, and more inflation is built into it. The presumptive CRA ratings are arbitrary benchmarks that undermine the economic rationales for CRA, and the agency should really show their work on them. The expansion of CRA qualifying activities extends credit to bank activities done in the ordinary course of business and upends exam incentives that keep LMI considerations at the heart of the law. The new deposit-based assessment areas again have a lot of the arbitrary triggers in them and their data limitations. For example, how many credit deserts would be picked up, if any, by that proposal? The retail lending distribution test, pass-fail, has arbitrary triggers as well on demographics and peer competitors and is overall a weaker incentive for banks to facilitate home ownership, small business, and small farm lending. The service test is virtually eliminated, and the 1 percent credit for bank branches in LMI areas is inadequate, and exams for affordable financial services and products is wiped out. I look forward to discussing more about this proposal, but the largest U.S. banks made more than $120 billion in 2018, an all-time high. CRA standards for local LMI reinvestment should be strengthened and not weakened, plain and simple. Thank you. [The prepared statement of Ms. Levi can be found on page 183 of the appendix.] Chairman Meeks. Thank you for your testimony. Ms. Gonzalez-Brito, you are now recognized for 5 minutes. STATEMENT OF PAULINA GONZALEZ-BRITO, EXECUTIVE DIRECTOR, CALIFORNIA REINVESTMENT COALITION (CRC) Ms. Gonzalez-Brito. Thank you, Chairman Meeks, Ranking Member Luetkemeyer, and members of the subcommittee, for holding this important hearing and inviting CRC to testify. Good afternoon. My name is Paulina Gonzalez-Brito. I am Chicana, the daughter of immigrants from my ancestral land of the Purepecha people in Mexico. CRC is the largest statewide reinvestment coalition in the country, with a membership of over 300 organizations that serve low-income communities and communities of color. I am also a proud member of the National Association for Latino Community Asset Builders (NALCAB), and CRC is a proud member of the National Community Reinvestment Coalition. You should know that CRC works. While the CRA can be improved, Comptroller Joseph Otting's proposal is a deregulatory scheme designed to help the largest and most powerful banks. It will weaken CRA rules, undermine the purpose of the statute, and will ultimately harm low-income communities and communities of color. When Comptroller Otting was CEO, OneWest had one of the worst reinvestment records in the State. CRC tracks reinvestment data in California, and in 2013, out of 12 banks analyzed, OneWest ranked 10th or 11th from the bottom. As one example of OneWest's lack of reinvestment activity under Mr. Otting's leadership, the bank made very few small business loans. In the final quarter of June 2015, under Mr. Otting's leadership, OneWest did one-tenth of the amount of small business lending in comparison to banks of the same size. As another example, during Mr. Otting's leadership, OneWest had 15 percent of its branches in low- to moderate-income (LMI) communities compared to 30 percent for the rest of the industry. Mr. Otting has written this CRA rule so that banks like the one he led that do little reinvestment can ace their CRA tests. For example, the Comptroller's proposed CRA rule benefits banks by loosening the rules around small business lending and by devaluing the importance of branches in LMI census tracts. On redlining, Comptroller Otting certainly does have experience. While Mr. Otting was CEO of the bank, OneWest had 70 branches, but only one branch was located in a Native American majority census tract, and there were no branches, none, in African American majority census tracts. During his tenure, over a 2-year period, the bank originated only two mortgage loans, that is two, to African Americans in the greater Los Angeles area. That is hard to believe, given the size of L.A.'s African-American population. It would be bad enough if OneWest merely did a poor job meeting community credit needs as required by the CRA. But, in fact, the bank that Joseph Otting ran also substantially damaged community credit needs through mass foreclosures. Most of this harm was inflicted on communities of color. Between 2011 and 2015, when Mr. Otting was CEO of OneWest, the bank foreclosed in neighborhoods of color 3 times as often as it made mortgages in neighborhoods of color. We are concerned that the Comptroller's proposal will lead to a return to redlining and more harm to communities, given its focus on the one ratio that prioritizes quantity over quality and overall numbers over serving local community needs. CRC and over 100 organizational opponents of the OneWest- CIT merger raised many of these concerns during the public comment process for the CIT-OneWest merger. As part of the merger, Mr. Otting solicited letters of support from his Wall Street contacts via a form letter on the bank's website. Our analysis of those letters observed a number of anomalies. Our suspicions were confirmed when CRC received a call from a supposed supporter of the merger who was upset his email address had been used to support a bank merger he knew nothing about. He said, ``My identity has been stolen.'' Our subsequent FOIA request to the OCC uncovered documents reflecting email exchanges with the OCC from individuals upset that they had been listed as supporters for a merger they had never heard about. The letters at issue, supposedly submitted by these supporters, appear to be the same form letter that Mr. Otting had urged his Wall Street contacts to submit via the bank's website. What does this mean for the integrity of the CRA public comment period overseen by Mr. Otting himself? We also have concerns, based on Mr. Otting's public statements, regarding his ability to fairly receive and incorporate public input. Comptroller Otting was quoted as saying, ``Certain community groups know how to hold you hostage during that process, and they use your lack of compliance in between the reviews to be able to do that.'' Perhaps, most alarmingly, Comptroller Otting was quoted as saying, ``We won't tolerate groups that do not provide services to these communities to disrupt the process and affect our decisions.'' Perhaps, he doesn't believe in democracy. These comments suggest that the Comptroller cannot be trusted to objectively consider public comments from community groups, just as he is soliciting public comments on plans to weaken the nation's primary anti-redlining law. The proposed rule led by Comptroller Otting will do great harm to communities of color and low-income communities while advancing the interests of big banks who have little interest in reinvestment. I thank you for the opportunity to discuss our concerns today. [The prepared statement of Ms. Gonzalez-Brito can be found on page 52 of the appendix.] Chairman Meeks. Thank you for your testimony. Mr. Rodriguez, you are now recognized for 5 minutes. STATEMENT OF ERIC RODRIGUEZ, SENIOR VICE PRESIDENT, POLICY AND ADVOCACY, UNIDOSUS Mr. Rodriguez. Good afternoon. Thanks to the chairman and ranking member, as well as the members of the subcommittee, for the opportunity to testify today. Our remarks will echo many of the concerns already raised. My name is Eric Rodriguez. I am a senior vice president of Policy and Advocacy for UnidosUS, formerly the National Council of La Raza. UnidosUS is the largest Hispanic civil rights and advocacy organization in the United States. For over 25 years, I have worked on issues such as the Community Reinvestment Act that lie at the intersection of economic inequality and civil rights. UnidosUS is a unique civil rights organization in three critical ways. One, we combine advocacy with research and analysis of the Latino community. Two, we leverage our policy expertise with on-the-ground experience, administering culturally competent housing and financial capability programs that are proven to reduce wealth and income disparities in communities. And three, we partner with both government and industry to change practice in ways that advance economic interest of the Latino community. First, I want to touch on very quickly the important history of CRA, then we'll highlight just a few of our concerns with the plan by the OCC and the FDIC that we also believe would really weaken the intent of the CRA. And last, we will recommend an alternative approach. The first thing is, discrimination and disparate impact in banking has been persistent throughout our history and often exacerbated by our public policy. For example, in the 1930s, the Home Owners' Loan Corporation created a universal risk appraisal method that classified neighborhoods based on occupation, income, race, and ethnicity of residents, literally drawing red lines where people of color constituted the majority. Limiting access to credit has consistently undermined the vitality and the mobility of people, of color and the neighborhoods where they live. In many ways, Chicago served as the birthplace for the resistance movement against redlining decades ago. In 1969, the Westside Coalition of Community Organization, in a Polish neighborhood with a growing Puerto Rican population, identified the problem well. Members of the community had been denied loans despite good credit histories. They protested until the group secured a meeting with the bank's president and the chairperson of the board or directors, and this began and sparked a nationwide campaign to place equitable community reinvestment on the national agenda. Subsequent research documented nationwide redlining and bolstered the case for action, and Congress then acted with the passage of two important and critical bills: the Home Mortgage Disclosure Act of 1975 and the Community Reinvestment Act of 1977. Over 40 years, CRA has encouraged regulated banks to lend to LMI communities of color. CRA helped to revitalize neighborhoods by increasing mortgage and small business lending. In our research, based on a national survey of mortgage origination data from 2014 to 2018, we found that the CRA had bolstered home lending for Latinos, and facilitated between 15 percent and 35 percent of home loans to Latinos in LMI census tracts. This was about 2 to 3 times the share of loans to their white peers in the same census tracts. The OCC and FDIC's recent proposal seeks to update the CRA. We certainly agree CRA should be modernized. But we have grave concerns with their approach, and I will just highlight a few. First, in order to enforce the CRA, regulators currently look at banks' assessment areas defined in the regulations regarding where bank branches are or some physical presence located to gauge whether a bank is, in fact, meeting the credit needs of its community. With the growth of banking on the internet and smart devices, the current approach for delineating assessment areas should certainly be expanded but not at the expense of physical branch locations. As discussed in our own research, the future of banking report, coauthored with policy, linked physical presence still has an impact on whether residents of LMI communities have access to mainstream banking. Research also shows a direct correlation between the number of bank branches located in the neighborhood and the availability of credit. Second, the plan would allow for community development activities that are outside of the original intent of the CRA. These activities do not serve the credit needs of their communities. We are troubled by the laundry list of qualifying regulatory criteria proposed. The new approach would weaken the impact of CRA on LMI communities. Third, the proposal does not articulate how regulatory agencies would solicit, review, and weigh public comments of community organizations. In essence, the plan would strip ``Community'' out of the Community Reinvestment Act. In the 4 decades since CRA was proposed, the law has increased bank lending in LMI communities. For Latinos, it is still important and relevant. In 2017, an FDIC national survey of unbanked and underbanked households found that while 6.5 percent of households overall were unbanked, 14 percent of Latino households, and 16.9 percent of Black households were underbanked. A better approach to modernizing the CRA would be for regulators to negotiate with the civil rights community and lawmakers and work with the Federal Reserve to ensure one uniform set of rules for financial institutions to follow. Rules of the road that are flexible enough to meet the challenges of a changing marketplace while continuing to effectively address disparities is the goal we all share. Thank you. [The prepared statement of Mr. Rodriguez can be found on page 215 of the appendix.] Chairman Meeks. Thank you for your testimony. I now recognize Ms. Knight for 5 minutes. STATEMENT OF HOPE KNIGHT, PRESIDENT AND CEO, GREATER JAMAICA DEVELOPMENT CORPORATION (GJDC) Ms. Knight. Good afternoon, Chairman Meeks, Ranking Member Luetkemeyer, and members of the subcommittee. Thank you for the opportunity to testify today. My name is Hope Knight, and I am president and CEO of the Greater Jamaica Development Corporation (GJDC). GJDC is a not- for-profit that works to promote responsible development in Jamaica, New York, and southeast Queens. As a leader of an economic development organization in a formerly redline community, the CRA is foundational to my work. I have studied the Notice of Proposed Rulemaking (NPRM) and had the honor of helping to lead a tour of Jamaica for Comptroller Otting and the OCC. I am here today to discuss significant concerns I have about the ideas presented in the NPRM and that I believe would significantly weaken the CRA and hurt the community that I serve. That community, Jamaica, Queens, shares a history with many urban communities of color across the United States. Redlined in the 1930s, Jamaica struggled to attract private investment. In the 1960s and 1970s, Jamaica's economic base further eroded as white flight drained the downtown of residents and businesses. The culminating disinvestment left Jamaica in a vicious economic cycle. Targeted Federal programs like the CRA helped start a reversal of this cycle. Recently, and owing in part to their interest in securing CRA credit, banks financed transformative development projects in Jamaica, including ones that bring more affordable housing and good jobs to southeast Queens. As a community development financial institution (CDFI), GJDC has been able to lend to small businesses with the help of banks' contributions often given to meet CRA obligations. However, Jamaica still bears the legacy of redlining, suburban flight, and disinvestment. As evidenced in our tour with Comptroller Otting, many areas of Jamaica remain banking deserts. Potentially catalytic projects struggle to secure financing and low-income residents have trouble accessing loans. If changes are made to the CRA that dilute its impact, Jamaica will struggle against such economic headwinds, and the recent progress growing Jamaica's economy will be put at risk. With regard to the NPRM, I am particularly concerned by several proposals. From my work in economic development, it has become clear that to be effective in spurring equitable economic development, regulations must have clear and well- defined geographic targets. Instead of focusing on a clear geography, the proposed regulation greatly expands where banks can get CRA credit, allowing for investment in areas outside of local assessment areas, making it less likely that financial assistance will flow to communities and projects that need it most. As one example, under the rules of the NPRM, any investment in a low-income Opportunity Zone would be an eligible activity without any consideration of economic development benefits or community needs. Retail banking is of paramount importance to neighborhoods like Jamaica. As Comptroller Otting mentioned after his tour of Jamaica, there are areas in Jamaica that are served by few or no bank branches. Compounding this, the nation's persistent digital divide creates a barrier to accessing financial e-services for those in low-income census tracts. Without branches, many residents depend on high-cost alternatives, like corner store ATMs and check-cashing services. As such, I am very concerned by the proposed regulatory changes that eliminate the current large bank service test and examination of basic banking accounts for LMI customers. By moving forward on proposed regulatory changes without the Federal Reserve, the OCC and the FDIC would create a two- tier regulatory system that adds complexity and confusion to an already complicated sector. While larger money center banks may be able to navigate this added burden of complexity without too much difficulty, smaller institutions may be hit hard, especially minority depository institutions (MDIs). The CRA is complex. Changes to the regulation will have far-reaching impacts. The short comment period does not allow enough time for adequate comment. The comment period should be extended to a total of 120 days. The changes to the CRA regulations currently proposed by the OCC and the FDIC will hurt economic progress in LMI areas and undermine the anti- redlining intent of CRA. As such, I oppose the changes described in the NPRM, and I look forward to answering any questions related to my testimony. Thank you. [The prepared statement of Ms. Knight can be found on page 179 of the appendix.] Chairman Meeks. Thank you for your testimony. And, Ms. Bautista, you are now recognized for 5 minutes. STATEMENT OF FAITH BAUTISTA, PRESIDENT AND CEO, NATIONAL DIVERSITY COALITION (NDC) Ms. Bautista. Thank you so much. Before I read my testimony, I just want to tell you, don't believe everything that Ms. Paulina is saying because we are seeing--we had a group counseling agency, and we have helped so many homeowners in California save their home, and OneWest saved a lot of the people who were facing foreclosure. Thank you. We must do better. NDC and the National Asian American Coalition (NAAC), which I also lead, represent underserved and minority people and small businesses who are left behind by our current system. I work directly in our communities to provide lending, counseling, and training solutions to our most vulnerable. For NDC, reducing the number of underbanked is our North Star. We believe CRA has failed for one primary reason: CRA qualifying lending and investments are not measured. Whether this is by design or by neglect, it is harmful to the communities I have spent my life serving. It is remarkable and offensive that the current CRA regulations do not track CRA activity on an industrywide level. Frankly, it might be the only data that regulators do not think worth collecting and evaluating systematically. I have had the honor to meet with the Federal Reserve Chairs and Governors over my decades of advocacy. At each meeting, I ask them the same simple question of whether CRA lending and investments have been increasing or decreasing over the prior 5 years. The answer each time is that they simply do not know. Conveniently, the current approach to CRA provides no way of measuring the number of loans or the volume of dollars being invested in underserved minority neighborhoods. That needs to change. This information is necessary to any serious data-driven analysis seeking to understand the real impact of CRA. With no data and no measurement comes no accountability. The current approach turns a blind eye to low-income and minority communities. For example, instead of using metrics to gain merger approvals, banks simply make unregulated promises to increase CRA investments in a future that never comes. Today's hearing is to determine who the winners and the losers would be from CRA reform, but the current regulations do not collect the data necessary to measure who is currently winning or losing. Working every day in communities of color, I can tell you today that the CRA losers are America's low-income communities and minorities. They are the people served by NDC, NAAC, and our members. The stories of abuse and neglect faced by America's immigrants, minorities, and others we serve would break your heart. NDC believes that underserved communities will only win when there is a real transparency that measures each bank's CRA activity objectively, discloses it timely and publicly, and allows comparison against peers and regulatory targets. Data and accountability must replace excuses and stories. Today, the question should not be if the CRA proposal is perfect. It is not. Instead, we must ask if it improves upon the current approach to CRA and provides a new paradigm able to break the cycle of poverty and neglect faced by America's most vulnerable communities. The definitive answer is yes. The OCC and FDIC proposal would improve the current system in three primary ways. First, it will clarify what qualifies for CRA credit. No more guessing. That helps community planners and advocates makes the most of our resources. Second, it updates where a bank receives credit for CRA. It recognizes the advent of the internet, ending loopholes for internet banks and wholesale banks. This will enable banks who help underserved communities where they have depositors, but no banks, receive CRA credit. Third, it will provide timely and transparent reporting that measures CRA-related activities using standard metrics. We will all finally be able to confirm that banks are increasing their CRA activity in underserved and minority neighborhoods. NDC believes the proposal set out by the OCC and the FDIC will increase CRA activity by over $100 billion. Should that not occur, the OCC and the FDIC must commit that they will raise the requirements for ``satisfactory'' and ``outstanding'' CRA ratings to ensure that CRA investments increase as promised. The proposal also closes loopholes that currently allow bankers to trade loans back and forth between banks to claim multiple CRA credits for the same loan. It will also end the CRA credit for gentrification and displacement, when banks finance wealthy people purchasing homes in poor neighborhoods. It is true that the proposal can benefit from further modifications during the public comment period. For instance, loans guaranteed by the Federal Government should not receive CRA credit. Double dipping on Federal subsidies does not increase the amount of capital reaching underbanked communities. We pray that the Federal Reserve awakens to the urgent need for change. Today's status quo continues to fail over 30 million disproportionately minority American households. Fear of unintended consequences is not a good reason to stick with a failed system that for 4 decades has resulted in generational poverty and disparate impact in our communities of color. We are confident that this proposal will at long last begin the process of reducing the unacceptable number of underbanked in America. Thank you so much. [The prepared statement of Ms. Bautista can be found on page 45 of the appendix.] Chairman Meeks. Thank you. I thank all of the panelists for their testimony today. And before I recognize myself, I ask for unanimous consent to enter four documents into the record. The first is a statement for the record from Mr. Richard Hunt, the president and CEO of the Consumer Bankers Association, and the statement speaks to the importance of getting CRA modernization right and ensuring that concerns raised are adequately addressed. It is noteworthy that in this document, the CBA raises concerns with the OCC's requests for data, which came after the publication of the rulemaking. The second statement for the record is from Mr. Noel Poyo, executive director of the National Association for Latino Community Asset Builders. In this statement, Mr. Poyo outlines key concerns with the OCC and FDIC's rulemaking, including ignoring comments from the ANPR and diluting the focus on LMI communities, likely reducing investments in rural and other hard-to-serve communities and other issues. The third statement for the record is from Mr. Aaron Glantz, senior reporter at Reveal from The Center for Investigative Reporting. And as a reminder, Mr. Glantz testified at our hearing on CRA modernization in April 2019 on his groundbreaking report on modern-day redlining. And this statement for the record provides a detailed, troubling account of Mr. Otting's time at OneWest Bank. And the fourth statement for the record is from Mr. David Dworkin, president and CEO of the National Housing Conference. In this statement, he reminds us of the history of discrimination and redlining that led to the passage of CRA and the broad agreement on key colors for CRA reforms that outline specific areas where the OCC's proposal will make it fall short of the commitment to holding true to CRA's original intent. Without objection, it is so ordered. And I now recognize myself for 5 minutes for questions. My first question will go to Ms. Levi. As I stated in my opening remarks, I have had private conversations with banks and banking groups, and they are quick to state that they didn't ask for the OCC's framework, and expressed a list of concerns if this approach were to be implemented, posing operating complexity, reputational risks, and significant uncertainty. And in the letter I just entered into the record from the Consumer Bankers Association (CBA), they state that more analysis must be undertaken by stakeholders to better understand the impact of the new metrics that will be used to measure CRA activity for individual institutions in the communities that they serve. And the CBA appreciates the OCC's recent effort to consider the impact of a more quantitative approach through additional data collection, but feels the true cost of reforms must be understood before dramatic changes are made. Can you speak on this? Ms. Levi. I can, and we have heard a lot of the same concerns. I was at a housing tax credit conference last week, and for a lot of the folks who participate in that market, they are concerned about more financing gaps, not less, because the incentives under this proposal are off. It also points to the process concerns I outlined. We don't have enough time. It is complex. It is interconnected. And the agency has not made it easy because they have not shared a lot of their data analyses and modeling. Chairman Meeks. Now, is there--or how does the OCC's proposed rulemaking impact the link between a bank's CRA activity and direct lending, especially mortgage lending to low-income communities of color? Ms. Levi. The bottom line is that the retail lending distribution test in this proposal is weaker, and is going to make addressing problems this committee is focused on, for example, the racial wealth gap, a lot harder to get banks to participate in. Also, you can fail in half of your local assessment areas and still pass at the bank level. There are a number of problems with it, and some arbitrary thresholds in it. And there is no review of mortgage lending in LMI neighborhoods at all. Chairman Meeks. Thank you. And, Ms. Knight, I know in your testimony you talked about doing a tour of Jamaica, Queens, with Mr. Otting. And during that tour, he saw the extent of banking deserts and the important needs for loans and financial services, and the great disparities in access to credit and housing in the community. Can you speak--and I know there were several other people from the community who were there--to the feedback that Mr. Otting received from the community, specifically as it relates to the OCC's CRA proposal? Ms. Knight. Thank you. We were able to show Comptroller Otting how few bank branches there were in southeast Queens, and as a result, small businesses in the community don't have the opportunity to develop relationships with traditional financial institutions. And that is something that many people on the tour, advocates, community leaders, spoke to the Comptroller about. We also were able to show him where many of the alternative financial activity happens in corner stores and check-cashing establishments. Chairman Meeks. Thank you. Mr. Rodriguez, do you consider the CRA to be a civil rights bill? Mr. Rodriguez. Absolutely. Yes. Chairman Meeks. Elaborate, please. Mr. Rodriguez. Yes. If you think about the origin of CRA and part of the testimony but also what we know of how organizers in Chicago, where they identified the problem of disparities where you had banks that were investing even abroad and not investing very much, if at all, in their own local communities, that is what sparked it as a major movement and ultimately shined a light on inequalities that needed to be remedied through changes through Congress. Absolutely, it is a civil rights law. Chairman Meeks. Thank you. My time has just about expired, so I now will recognize the ranking member, Mr. Luetkemeyer, for 5 minutes for questions. Mr. Luetkemeyer. Thank you, Mr. Chairman. Ms. Bautista, you were pretty adamant in the discussion of the lack of data that the Comptroller now collects under the CRA law. That is concerning to me from the standpoint of, how can they make good decisions on whether it is working or not? Ms. Bautista. Congressman, I think the CRA reform--we know that it needs to be reformed. It has been 25 years. The OCC has been working with this for the last 10 years and extensively in the last 2 years. We believe they have data, and the data that the OCC and the FDIC has is the same data with the Federal Reserve. Mr. Luetkemeyer. You are about the only one who, as you went through the process here, pointed out the problems, had some solutions, and also indicated the good points about what the law does or what points it actually fixes or things that you support. And it was interesting to me because I think that is where we can point out the problems. If we have no solution to the problems, we are not getting anywhere. And I think you and Mr. Rodriguez made the point that this has to be updated. The law doesn't have anything in there with regards to internet activity, mobile phone activity, online lending activity, which is a modern day, everyday practice now. Ms. Bautista. Correct. Mr. Luetkemeyer. If I was one of you, I think I would be concerned about some online lending that doesn't qualify for CRA. Some of these folks can make online loans and don't have to comply. That is what I would be arguing about if I were in your seat. I didn't hear anything like that today, which is surprising to me. But I think, Ms. Bautista, you indicated that one of the good points that this new rule, the proposed rule is talking about here is clarifying what actually qualifies for CRA. And to me, having been in the business for a long time and I had to work with this rule, this is always a problem that I had with it, because there are a lot of good things that an institution can do to invest back in its community and in any of these particular communities of lower- to moderate-income folks, that we are not getting credit for even though they do it, and they do it because they want to do it. They do it because they want the community to grow. They want to be successful, but yet they are not getting credit for it. And then when the examiners come in, they pound them over the head, because you are not doing anything, and it is kind of like putting a square peg in a round hole sometimes. It is hard to get that done. Do you have any other additions to the list that was presented that you thought would be helpful? Ms. Bautista. Yes, and this is what I would love about the CRA reform is because when I was reading it, there is like 200 clarifying CRA. I just want to give you some example, that we are doing something in San Diego, and there are three banks that are participating. One bank did not participate because they were not sure if it is CRA-related, even though it is the right thing to do. Now, I can tell the banks, and I can justify that this is CRA-related because it is now identified in the 200s. As a community organizer and very much CRA-involved, it is so refreshing that there are finally guidelines. And for the internet banking, it has changed, right, from 25 years ago? Then, nobody deposited through their mobile. Now, I don't even go to the bank. Even the immigrants that I serve, they hardly go to the banks anymore because everything can be done through their iPhone. So things have changed, and we have to adjust to the needs, especially for low- and moderate-income people and people of color. Mr. Luetkemeyer. One of the things that concerns me is in the past, it was always about location, but yet whenever you take deposits from an area, to me, there needs to be some money going back in investment into those areas. You shouldn't just be taking deposits out. You should be investing back into those areas. And, to me, this new rule does that, does it not? Ms. Bautista. Yes. Mr. Luetkemeyer. To me, this is a really big deal because-- Ms. Bautista. It is. Mr. Luetkemeyer. --it goes into your online lending folks. Wherever you get that money from, you would be putting some of that money back. And as far as investments, not taking everything from over here and investing it over there, which is what is being done right now to a certain extent. So I appreciate your comments today, and I will yield back the balance of my time. Thank you. Chairman Meeks. The gentleman yields back. I now recognize the gentleman from Georgia, Mr. Scott, for 5 minutes. Mr. Scott. Thank you, Mr. Chairman. Ms. Bautista, during your testimony, you said, ``Don't pay any attention to what Ms. Gonzalez was saying.'' And I wanted to get some clarity on that because that really got my attention, because that was a very profound statement, and I want you to explain that statement. Why shouldn't we pay attention to what she was saying? Ms. Bautista. Thank you. Mr. Scott. What was so profound about it? Ms. Bautista. Thank you for asking me that. You know, my daughter always tells me if you don't have anything good to say, don't say anything. And the reason I can say that is because I was there when people were losing homes. I lost my home in 2009, and nobody was helping me because there was no process. So I was very adamant in helping people who were losing homes. And during the financial crisis, a lot of the borrowers who came to the National Asian American Coalition or any HUD-approved counseling agency, we had to have a good relationship with the banks. At the end of the day, the lender still makes the decision, but Comptroller Otting, Mr. Otting then, makes sure that his people--I still remember Tony Edwards bringing people to all the outreach we have done from San Diego, Central Valley, Bay area, and-- Mr. Scott. My time is slipping away. But the reason I raise that is because we are faced with some very biting concerns about this rule. And you also said that the Fed had the same data--data is very important here--as the OCC and the FDIC. But why is the Fed staying away from what you are pushing? Ms. Bautista. Good question, because, to me, the Federal Reserve--I love them, I love all three regulators. They are data-driven, they are research-driven. But, sir, at the end of the day, the people I am serving don't care about data; they need help now. Mr. Scott. Okay. Let me turn to you, Ms. Levi, and to Ms. Gonzalez-Brito. First you, Ms. Gonzalez-Brito. I want to ask you that because our primary concern here is that we have problems and evidence, it seems, that what Mr. Otting is offering not only does not enhance the purpose of the Community Reinvestment Act to do away with discrimination, but that it might increase racial discrimination. And so, we have to get to the clarity of this. So do you agree with the--do you and Ms. Levi agree with what Governor Lael Brainard said? She said that any proposed changes to the CRA regulation must be grounded in analysis and data to avoid unintended consequences. And do you believe this data is here? Go ahead? Ms. Gonzalez-Brito. Absolutely. And I would say that data does not lie. To Ms. Bautista's point, there were 36,000 foreclosures in California alone under OneWest, Inc., and a third of those were when Mr. Otting was CEO. And so, data is absolutely important. The Federal Reserve, with Governor Brainard, has made their data public. They looked at 3,700 banks, 6,000 performance evaluations, and made that data available to the public as they released their metrics and looked at, how would banks perform under those metrics that they are proposing? The OCC has not released that type of data, and it is clear now, by having an RFI process after releasing their proposal and then having that data not due until after the comment period, it means that the public is not going to be able-- Mr. Scott. I know. I want to get Ms. Levi in here. Go ahead, Ms. Levi. Ms. Levi. Federal Reserve Governor Brainard really nailed this. And why don't we have that kind of data about this proposal? Implementing a big dominant, single metric framework that incentivizes banks to run up the numerator with a lot of activities that aren't focused on LMI communities and people who need the benefit of CRA credit is not the way to serve the communities that Ms. Bautista purports to represent. Mr. Scott. Thank you. Chairman Meeks. The gentleman's time-- Mr. Scott. Mr. Chairman, maybe we can get the Federal Reserve in before we move forward? This is serious. Thank you. Chairman Meeks. The gentleman from Oklahoma, Mr. Lucas, is now recognized for 5 minutes. Mr. Lucas. Thank you, Mr. Chairman. While the banking industry has changed substantially in the past decade with the Community Reinvestment Act, it has not been meaningfully revised since 1995. And I think we all know that we live in a different world now than we were in 20, 25 years ago. I am sure we all can agree that CRA can be updated to better serve low- and moderate-income areas. The OCC and FDIC's proposal, I think, is a welcome change to the out-of-date regulations. So, first, let me turn to Ms. Bautista. You outlined in your testimony how the CRA has failed to accomplish its mission. Can you expand on how the OCC and FDIC's proposal recognizes that the CRA should not follow a one-size-fits-all approach? Ms. Bautista. Oh, yes. This is why, during the foreclosure crisis, it took so long to help people, because the banks always have one-size-fits-all regulations. Even for the Asian community, the sub-ethnic group, it is not all the same. What I like about this is that there are benefits to citizens and community members, there is local emphasis. We are now going to make sure that if you have a branch there over 5 percent deposit, that they will contribute on CRA. There are also benefits for the development of practitioners, advocates, small farms, and small businesses. And like the Indian Country that has never been served before, I am really excited about that, because we have so many constituents, over 1 million, from whom you hear every day what they need. The Indian Country, the payday lending there is so much, and now with this increase of CRA dollars, I think the payday lending, hopefully, we can just bury them. Mr. Lucas. Ms. Bautista, you have just explained and have explained several times in your testimony that the new proposal would increase CRA activity. How can the regulators and Congress sustain this increase in the long term with this proposal? Ms. Bautista. We need to calibrate. Banks have a hard time getting outstanding CRAs. Most of them, they are okay with satisfactory. We need to ensure that--this is why I also like this, is because quarterly, they are now going to be reporting. Right now, they report like every 3 years or--yes, their examination is 3 years. I am not so technical, but now I can see that every 3 months or quarterly, they can do the reporting. So, we know that they are going to increase their CRA investments. Mr. Lucas. We have heard mentioned in the hearing about the comment period. Ms. Levi. And can I-- Mr. Lucas. Just one second. Ms. Bautista, could you expand on the aspects you see of the OCC and the FDIC's proposal that could be improved in the comment period, perhaps even through a separate proposal maybe from the Fed? What could be made better in this comment period? What should people be talking about? Ms. Bautista. This is why we need to do a lot of outreach. This is about low- to moderate-income, right? This is about people of color, people with English as a second language. I think since they have been doing this for so long and extending it until March 9th, we have to get people involved. The people of color, what do you need? What should the banks be doing that they are not doing? What should the regulators' examination be? And for the Congress--and I am so glad you are doing this hearing, because this is like the voice of the voiceless as now we are telling you what is needed. So, we have a comment period. Let's get to work. If you don't make a comment, then forever hold your peace. Don't ever complain. Say everything that you need to say, pluses or minuses. Nothing is cast in stone until it becomes a law. And to me, even if it is a law and if it is bad, you should still change it. Mr. Lucas. Thank you. I yield back, Mr. Chairman. Chairman Meeks. The gentleman yields back his time. I now recognize the gentleman from Illinois, Mr. Foster, for 5 minutes. Mr. Foster. Thank you, Mr. Chairman. I think we really all agree that our goal is modernization and alignment with actual need on these, but we have to do that without formulas that will be gamed by the players in this so that you don't actually get the results you want. One of the things that concerns me is that many of the CRA- qualifying activities are now going to be dollar-based. It seems to me this is going to encourage banks to make a small number of mega deals in things in areas that technically qualify. Whereas, if they got some credit for the number of activities as well as simply the dollar value, they would help a lot more smaller businesses, help a lot more individuals by providing them banking services. And I was wondering, Ms. Levi, Mr. Rodriguez, or anyone else, if you could comment on that? Ms. Levi. That is absolutely right. And banks will get a lot more partial credit for activities that are not targeted to LMI people and areas. So, the standard has shifted as well. Mr. Foster. I know. I was sort of surprised to learn that apparently, maybe even today, loans for stadiums and sports arenas' jumbotrons qualify for CRA credit. And this seems like the kind of mega deal, large thing that is not going to help a large number of people. And so some change in the formula that gives you credit for helping large numbers of businesses, not a large dollar volume. Ms. Levi. Yes. The formula and the primary purpose test has been jettisoned here, so it is both, but it absolutely quantity over quality, large over small, all the wrong incentives for CRA purposes. Mr. Foster. Mr. Rodriguez? Mr. Rodriguez. Yes. I would just add there is no test around the quality of the investments anymore. So it is watering down the investments and decreasing the potency. So, maybe we could have more CRA investments, but more of them will be worthless with respect to community reinvestment in the ways that the law intended and that we hoped to get to. These are the critical concerns with the proposal and the plan so far. Mr. Foster. So now we are left with just a geographical definition, rather than the purpose of the loan? Ms. Levi. Yes. We are left with a lot more activities that are not guided by the primary purpose of LMI and a lot more partial credit. So that does allow banks to run up the numbers. And the exam is designed under this proposal to make banks look as if they are doing more. But as Mr. Rodriguez said, it will have less impact on the communities and people the statute was enacted to serve. Mr. Foster. This clarity argument that Ms. Bautista has been making, do you see merit in having more clarity instead of having some human regulator saying, well, I think that qualifies or partially qualifies? Is it actually going to be more productive to have a very long list that is very specific versus a more general language that is just in the intent of what you are trying-- Ms. Bautista. For the banks, you have to be specific, otherwise they will find excuses. And we need-- Mr. Foster. So the banks make their own call under the current system as to what qualifies? Ms. Gonzalez-Brito. I think we want clarity and we do, like they did having more data, but we are not going to trade clarity and data for impact. And I think that is what this proposal does, it makes a trade for the core purpose of CRA, which is serving LMI communities to make it easier for banks to be able to get that outstanding rating. And so, it trades communities for Wall Street, basically. Ms. Levi. And Federal Reserve Governor Lael Brainard laid out some of their approach last week in its multiple metrics. So it is possible to achieve clarity for banks and communities without this dominant single metric that really incentivizes dollar volume. And if I can correct one assertion by the Congressman very quickly, this is a one-size-fits-all proposal, regardless of bank model, regardless of community needs. This is the definition of a one-size-fits-all proposal, and we are not the only ones that-- Mr. Foster. Along those lines, just in the few moments I have here, I was sort of surprised that small businesses up to $2 million in revenue will qualify, but for some reason, if the business is a farm, it is $10 million. What is the reason for that? Why treat one business differently than another? Ms. Levi. Your guess it as good as ours, but I will tell you, on the farms, only 1 percent of farms had sales over $5 million or more. About 76 percent of farms had sales of $50,000 or less. So small farms are not the focus with that change there. Mr. Foster. Thank you. And I yield back. Chairman Meeks. I now recognize the gentleman from Florida, Mr. Posey, for 5 minutes. Mr. Posey. Thank you, Chairman Meeks and Ranking Member Luetkemeyer, for this hearing. The Community Reinvestment Act is heralded as one of the foundational civil rights acts of the last century. We all have an interest in a financial system that serves the needs of all, a system without bias. I strongly identify with that goal and believe that our goals of equality in the financial services as well as other objectives are best pursued by ensuring that our free market systems are efficient. Where financial institutions focus on their shareholders' bottom line, banks and other institutions can be expected to see the profit motive as inconsistent with an arbitrary exclusion of customers based on race or any other irrational criteria. Ms. Bautista, I would like to believe that fair-minded financial institutions would want to show off their activities that demonstrate their contributions to serving the needs of their depositors and assessment areas. Can you share your experience related to the attitudes of those who are evaluated under the CRA? Ms. Bautista. I was told not to say any specific bank, so bank A, bank B, bank C. You know, bank A, they make commitments, right? We are involved with so many settlements with all the banks. There is a lot of settlements. But after 5 years, do we really see, did that move the needle? Did they increase homeownership in the African American, Latino, and Asian communities? The new CRA reform is so refreshing because there is accountability, there is transparency, and there is also now a pressure for banks to do the right thing and to increase their CRA. The CRA should not remain ``satisfactory.'' To me, they should all be ``outstanding.'' But a lot of them cannot be outstanding because they are missing just half a point or one point. And I ask them, why is that that you are not ``outstanding?'' And it is hard for them to say why, because there are really no guidelines. Now, with this reform, they will now know, okay, my CEO, we are going to be ``outstanding'' and we are going to do a lot of planning. We are going to do investing. And what they are saying about the stadiums, I agree with that. We should have really thought it out. And now this project can be really be examined. Is this something that--it is easy to give loans to big hospitals, to stadiums, because they can do those loans all day long, because they have the right financial. But for us, like the CDFI, there are so many good CDFIs in there that are not getting investment because we are not savvy enough, because we are nonprofit. Even with Ms. Hope here in New York--and I sit on the advisory board--there are 1,100 CDFIs and they can do so much. Now, CDFI is another way to do more micro lending, to do more small businesses, to do more home loans to those who don't fit the box with the lenders. Mr. Posey. Okay. Does any substantial part of the community see CRA ratings as an opportunity to showcase how well they serve the needs of low- to moderate-income people? Ms. Bautista. Yes. CRA is a godsend. CRA is like God warning them do the right thing, so we have to make it right. Mr. Posey. Okay. Do many just see it merely as a regulatory burden? Ms. Bautista. Yes. Mr. Posey. Would you say 50/50, or what do you think? Ms. Bautista. It is too expensive for the small banks to comply with their CRA regulations. That is why I think all of the regulations are not good. And the unintended consequence of that is they will not do funding anymore to nonprofits. That is the job that we should all be doing, because they spent more on the regulations. That is why the big banks should not be treated the same way as the smaller banks. And community banks understand who they are serving. They know their borrowers. Mr. Posey. How do you think we can design a process that overcomes that? Ms. Bautista. You have to leave it to the OCC, the Federal Reserve, and the FDIC. They are the regulators. And I think with input from us, this is why this is great, the pluses and the minuses, and more information, we have until March 9th, and we are going to do a lot of town halls and we are going to be asking the REALTORS. We are going to be asking the loan officers. We are going to be asking the borrowers, the borrowers who are being denied, and they should not be denied from owning a small business or owning a home. Do you know that there is $100 billion of mortgage loans that are denied because they don't fit the box? I am a good borrower, but because of the foreclosure, my credit score did not go up for 5 years and I have been borrowing. I put 20 percent down, I don't owe anybody, but my credit score is so artificial, it will not go up--it goes up and down; it depends on the time of the day. Mr. Posey. Thank you. Chairman Meeks. The gentleman's time has expired. The gentleman from Florida, Mr. Lawson, is now recognized for 5 minutes. Mr. Lawson. Thank you, Mr. Chairman. And witnesses, welcome to the committee. Today, we see that homeownership among African Americans and other minorities continues to fall behind. How do you see that the Comptroller of the Currency's, OCC's proposed changes in the Community Reinvestment Act (CRA) affects the homeownership of minority groups who suffer from these financial crisis? And I will just start with you, Ms. Levi. Ms. Levi. Let me contradict something that Ms. Bautista said here about CRA and the homeownership gaps and things like that. First of all, let's keep it in perspective, CRA covers about a third of the mortgage market. So, we do have to keep it in perspective. Second, 98 percent of banks are passing CRA exams today. It is really not a big problem for them. I will say this: The retail lending distribution test is pass-fail. There are some low bars but arbitrary thresholds around local demographics or peer comparators included in it. And overall, the CRA retail test used to be half of the exam. It is now, again, pass-fail, and you can fail in about half of your local assessment areas, your local communities, and still pass at the bank levels. And I think a lot of underserved communities, rural communities should be concerned about that in particular. As I said, I think it makes addressing the racial wealth gap that much harder. Mr. Lawson. Go ahead. Ms. Gonzalez-Brito. I also wanted to correct Ms. Bautista. When we do analysis of CRA data in California, the community banks and the smaller banks do better than the big banks in their CRA investments in lending in California. Mr. Lawson. Anyone else want to comment? Mr. Rodriguez. Can I add something? Mr. Lawson. Yes, go ahead. Mr. Rodriguez. Okay. I was going to add it is an excellent point. And just one fine point is that the homeownership rate of the Latino community nationwide is 4 percentage points lower today than it was a decade ago. If we put 4 million Latinos into homes today, we would just be catching up with where we were over a decade ago, and the reason is access to credit and affordability that is crucial to our communities to get back to where we were let alone. And CRA can be an important part of the solution if it is done right. Ms. Bautista. If I can just make a comment on the African- American homeownership, I am so glad you mentioned that, because it is at an all-time low. We work a lot with Black pastors and we do a lot of workshops in the African-American community. We need to do a proper education, because for the African Americans, they don't even know sometimes if they can own a home. It is a different culture, so the financial literacy should be different in different cultures. And the African Americans need a lot of financial literacy, need a lot of down payment assistance, need a lot of extra help. Ms. Gonzalez-Brito. If I could just say, I think the problem is-- Ms. Bautista. I am not finished yet. Ms. Gonzalez-Brito. --racism and systemic racism and not what Ms. Bautista is talking about right now. Mr. Lawson. I am trying to get some clarity. Ms. Bautista, can you finish? Ms. Bautista. Yes. Thank you so much. CRA is about the people. It is about the low- to moderate-income people. Let's focus on that. Let's do the right thing for all of us. And, let's not interrupt. At least, be decent. Thank you. Mr. Lawson. Ms. Levi? Ms. Levi. I just wanted to say on the financial literacy piece, there is also a shift under this proposal. This or CRA credit for financial literacy for everyone. Again, not targeted on low- and moderate-income home buyers and small businesses and others for whom the statute was designed. It just opens it up for everybody. And I think low- to moderate-income minority borrowers should be the focus of even that piece which Ms. Bautista mentioned. Mr. Lawson. Ms. Gonzalez, I have about 20 seconds, did you want to say something? Ms. Gonzalez-Brito. I just wanted to say that one of the things that this proposal does is that it makes it easier for banks to reach those ``satisfactory'' and ``outstanding'' ratings. It gives double credit for community development lending. And if I told my son that he could get double credit for doing half his homework, I will tell you right now he would do half his homework, and that is what we can expect from this proposal. Mr. Lawson. Okay, thank you. Mr. Chairman, I yield back. Chairman Meeks. The gentleman's time has expired. I now recognize the gentleman from Kentucky, Mr. Barr, for 5 minutes. Mr. Barr. Thank you, Mr. Chairman. I just have to take exception to that last comment. The community bankers that I know in central Kentucky, that is not their attitude. They want to help their communities. They don't want to do it halfheartedly. Every day, they go to work and they try to help the low- and moderate-income people of their communities, especially in rural areas. That is a mischaracterization of community bankers, in Kentucky at least, in my experience. Ms. Gonzalez-Brito. Congressman, it is community banking that we are-- Mr. Barr. It is my time. Chairman Meeks. The time belongs to the gentleman. Mr. Barr. My time. I just wanted to make the comment that that is not the way the community bankers of my district behave. And I just wanted to say that. Ms. Gonzalez-Brito. And our data-- Mr. Barr. It is my time. And I want to also correct another thing that was incorrectly stated. Ms. Levi made the statement that this is the Fed's position. I do recognize that Lael Brainard has a position on community--specifically for the community. But as I understand it, Ms. Brainard was speaking in her own capacity, not on behalf of the Fed. And the OCC has been working on this for about a decade, by the way. This is not fly by night. Let me ask one question to Ms. Knight. You were critical of the proposal to allow CRA credit for investment beyond a defined geographic assessment area. But you also stated that lack of physical branches--this is a very reasonable point that you made--obviously decreases access to banking services. This appears to be a bit of a contradiction. I will give you an opportunity to try to reconcile those statements. My question is, wouldn't allowing for investment beyond a defined geographic area into areas where there is no bank headquarters, where there are no branches, physical branches, but where the customers actually reside, wouldn't that actually have the effect of enlarging and enhancing the goals of CRA and helping the unbanked or underbanked have better access? Ms. Knight. Yes, I think both things can be true at the same time, because if you have banks that are not a physical location but have customers and they have to make a choice as to where to locate their branches, if they are able to make the choice, they may not make it in low- to moderate-income areas because those areas are not the most profitable to the banks. Mr. Barr. My point is the OCC proposal contemplates going beyond an arbitrary geographic area to actually where the customers are. And I think that actually is an enhancement. Let me ask a question about rural communities to Ms. Levi, and I will let you answer this question. A recent Federal Reserve study shows that--because you talked a lot about farms and you talked a lot about rural communities, underserved communities, which is very much my district. A recent Fed study showed that 51 percent of the 3,114 counties in the U.S. saw net declines in the number of bank branches between 2012 and 2017. These declining bank branches disproportionately hit rural communities. A total of 794 rural counties lost a combined 1,553 bank branches over a 5-year period. That is a 14 percent decline. The negative financial impacts on rural counties of branch closures are perpetuated by the continuing difficulties due to burdensome regulations and other roadblocks of de novo community bank formation. While these trends leave residents of rural counties without access to much-needed financial services, they also have a negative downstream impact on communities because of the absence of incentives under the CRA for banks to invest. The CRA obviously needs to reach more rural communities, commonly referred to as CRA deserts. Do you believe that the CRA framework that we have today properly accounts for these rural communities? Ms. Levi. No, it doesn't. And the NCRC is--first of all, let me say this: Community banks are absolutely vital to their communities. We work with a lot of them. Okay? We are not here to impugn community banks. But let me-- Mr. Barr. I'm sorry. I was just speaking of Ms. Gonzalez' statement, that is all I was doing. Ms. Levi. This is why NCRC spends so much time organizing around bank mergers and acquisitions, because they lead to a lot of bank branch losses and the loss of small business lending. All of that is very well-documented in the research. CRA is focused on-- Mr. Barr. I understand. And we have some common ground here, and I acknowledge that, I and appreciate that statement. My only point is that the OCC proposal appears to do better in terms of accessing rural communities. And I think we ought to look at the good here as well and keep the good in this OCC proposal to the extent that it gets banks access into some of these rural communities that are currently underserved. I only have-- Ms. Gonzalez-Brito. I can answer that question around-- Mr. Barr. I don't have a lot of time left. Unfortunately, my time has expired. Ms. Gonzalez-Brito. I can answer the question around rural communities. Chairman Meeks. The gentleman's time has expired. Mr. Barr. Okay. I'm sorry we don't have more time. Maybe we can talk offline. But I appreciate your time today and your testimony, and I yield back. Chairman Meeks. The gentlewoman from Massachusetts, Ms. Pressley, is now recognized for 5 minutes. Ms. Pressley. Thank you, Chairman Meeks, for your continued leadership on this issue. It is odd but consistent that this Administration's modernization efforts betray the fundamental mission of what they hope to modernize. The Community Reinvestment Act is no exception. Over the weekend, The New York Times published an editorial highlighting the many problematic elements of the FDIC and OCC's December proposal. Under this proposal, loans for improvements to stadiums that, ``happen to sit in poor neighborhoods'' could earn banks CRA credit. Compare that to the values and data-driven approach outlined by Governor Brainard. The Federal Reserve has notably withheld its support. Now, although this was a consistent through-line in all of your testimonies, I do believe it bears underscoring. So for the record, and this is to everyone on the panel, by a show of hands, how many of today's witnesses support the FDIC-OCC proposed rule? How many support the Federal Reserve's approach prioritizing keeping branches open, small-dollar loans, and impactful community investment? Again, by a show of hands. Ms. Levi. It is a better start. Ms. Pressley. This past weekend, I was fortunate enough to host the very first historic Congressional Black Caucus fly-in in my district, the Massachusetts Seventh. Now, during the economic justice panel, including community leaders, entrepreneurs, and industry representatives, we discussed the many challenges our communities face when it comes to access to capital. One of the more compelling stories was that of a company founded and owned by a Black woman. The company is called TRILLFIT. Her name is Heather White. And she was unable to access capital; instead, she liquidated her entire 401(k) in order to open a business. Women, Black women particularly, struggle to secure financing for everything from a business to a home. Earlier this year, when the big bank CEOs testified in front of this committee, I questioned the witnesses about this disparity in lending, which one report smartly labeled as, ``pink lining.'' The report found that women were 30 to 46 percent more likely to receive subprime mortgage loans during the financial crisis than men. Black women were 256 percent more likely to receive subprime loans than white men. How does this proposal ensure that Black and Brown women will not continue to be targeted, if not be more likely to be targeted with these predatory financial products? Ms. Levi. First of all, quality, a lot of the qualitative factors that are currently a part of the exam are out of this proposal. This is a dollar volume-driven approach that contravenes quality. And furthermore, I would say to the gentleman about rural areas, you can't allow banks to fail in over half of their local communities and still pass an exam at the bank level. Ms. Gonzalez-Brito. I would also say that the OCC's discrimination guidelines in terms of the way that they evaluate discrimination as part of their CRA exams are weaker than the Federal Reserve and the FDIC. They had an opportunity to strengthen that as part of this proposal and downgrade for harm that is caused by discrimination, and they did not do that as part of this proposal. Ms. Pressley. Thank you. Now, Mr. Rodriguez, how is the CRA building upon that influence of development and delivery of financial products for communities of color more broadly? Mr. Rodriguez. That is an excellent question. I would just add to the previous answer, it is a great point and it is a factor in how the markets are changing and the needs of the community are changing. Someone earlier, a Congressman, mentioned meritocracy. The very reason why we have CRAs is because credit wasn't divvied out based on merit; it was based on race and ethnicity, and the country has changed now. And we want this to adapt and modernize to the changing country. The Latino community in rural communities has doubled in years and is a fast-growing population. When we are talking about rural communities, are we thinking about Latinos in rural communities? Are we thinking about women? I think those are important points to raise and add to this conversation. Ms. Pressley. And, Mr. Rodriguez, with the remaining balance of my time, what happens when CRA-covered banks exit neighborhoods or close branches? Mr. Rodriguez. Another excellent question. Look, I grew up in Red Hook, Brooklyn. When I grew up, I had no banks in my community. There was one on the outskirts of my neighborhood because the Battery Tunnel was there, so when people needed to get some money for tolls, there was a bank there for them. There were not people who looked like me and you in those communities who had access to banking. And we paid a price for that over time, and it is a legacy that we are paying for even now as we look at disparities in wealth and disparities in access to credit and equality. Thank you. Chairman Meeks. The gentlelady's time has expired. I now recognize the gentleman from Colorado, Mr. Tipton, for 5 minutes. Mr. Tipton. Thank you, Mr. Chairman. I appreciate you holding this hearing. A lot of continuity of thought in terms of CRA needs to be addressed. I happen to come from rural America, and when we are talking about community banks, my community banks in my district actually care about the people they live with, because they live there. They are trying to be able to actually see job improvement, to be able to help support that local community. And so when it comes to our rural community banks, I think for the most part, they are doing a good job reinvesting back into those communities. That being said, we need to be able to re-update the CRA. The last time this was looked at was under President Clinton. And think about that. We have had a variety of changes. No one has actually brought up the idea of, we have lending now going on in communities from somebody that doesn't have any physical presence. They can be out of Brooklyn and make a loan into southwest Colorado. No CRA involvement whatsoever investing back into that community. So is it going to be appropriate for us to take the time to be able to actually address it? I think it is. I do think it is worthy of note that the OCC and the FDIC actually were dealing with the Fed data in terms of coming up with this. And we ought to all be mindful that this is a proposal, a rulemaking proposal. So, the feedback is obviously important for us to be able to address. Ms. Bautista, you have stated a number of times that you regularly worked in terms of some of the ideas that are coming up, and you had cited that we have 200 clarifying proposals that will qualify as CRA. It is my understanding, and can you maybe speak to this as well--one of the frustrations I had heard from community bankers is they are doing what they view as CRA equivalents but never getting credit for it. Do they have an opportunity under the proposal from the OCC and the FDIC to be able to submit that for consideration as a CRA activity? Ms. Bautista. Yes, absolutely. This is why I said there is going to be over $100 billion of increase on CRA because there is now clarity. And as a community organizer, I have been dong this since 2002, I have been fighting--not fighting, trying to work with the banks to ensure investment in the low- to moderate-income, to the CDFI, to the CDEs, to the faith-based organizations. For example, faith-based organizations--during the foreclosure crisis, the people go to their pastors. Even though pastors don't know much about banking foreclosure, they went out of their way. First, AME Church in Orange County, we worked with that pastor, Mark Whitlock. And faith-based, the Hispanic evangelical church, the same thing. We are doing a lot of workshops now. So now, that is not CRA-related because it is faith-based. Arts and culture. One of our members is doing 100 percent service to the low-income Latinos. And every time she goes to the banks, they always say, oh, this is not CRA-related. But if you don't educate the people at a young age, it is not just owning a home, it is not just owning a business, it is also job creation. Like I said, I have seen borrowers denied over and over again, home buyers denied, even though I know they can afford to buy a home, with different cultures. Now with our family, the Filipino family, there are so many of us living in one house. And all of the loans put together can now be qualified. There is another example. A client of ours is trying to refinance, because the interest is so high, but because his wife had cancer, he had to take care of his wife. So he was out of a job for 2 years, and he cannot get a loan approval because of loss of that employment. So I told the lender, I said, it is not right, he only did it for the right thing, and he never--he always had a job, and the mother is putting in now to help. So now there is a lot more clarity that knowing your borrower and the CRA officer now--and CRA officers, most of them are good, because they understand the borrower. And the community banks, I so agree with you; in California, they are good. Chairman Meeks. The gentleman's time has expired. I now recognize the gentlewoman from Michigan, Ms. Tlaib, for 5 minutes. Ms. Tlaib. Thank you all so much for being here. I think the Community Reinvestment Act--for so many folks in the 13th Congressional District that I represent in the City of Detroit, one of the most beautiful, Blackest cities in the country, where I think we were the forefront and kind of the birthplace of this incredible civil rights movement that I think continues on through this generation. I do want to back up, and I think, Ms. Levi, maybe you can help me. I really want to back up and talk about the foundation, the reason that CRA even existed or was created. Ms. Levi. It was created to really correct for a lot of disinvestment that resulted from government policies, racial discrimination and all of that. Evidence of those redlining policies is still on the ground today. And discrimination is ongoing. We have plenty of evidence for that. But it was also designed to correct for market failures. Ms. Tlaib. That is right. Ms. Levi, talk about that, because it is recorded in history that these banks redlined. Ms. Levi. They redlined. And after redlining perhaps was prohibited, these markets still suffer from a lot of market failures, egative and informational externalities that make them difficult to serve, how to value the property. There are a lot of credit--profitable institutions there, but if they are thinly traded and they don't have the information, then it makes banks misperceive the risk that they will face by lending and investing there. Ms. Tlaib. I think you are much, much kinder. I just know at home and on the ground it is very intentional, because you see now the CRA changes being done by the same people who probably didn't want CRA created in the first place. Ms. Levi. Absolutely. Ms. Tlaib. We can call it market failure, which is I think is a fancy way to say, no, this is intentionally trying to go toward communities and populations that, in some ways, are much wealthier and look different than the communities that I represent. Ms. Levi. Flat out discrimination is very much with us. Ms. Tlaib. Oh, it is very core. And sometimes, I feel like we should just go ahead and look at all the lawsuits that have settled, where actual whistleblowers within these banks, many of whom in California, for instance, were told, if somebody comes in with an accent, then make sure you give an interest rate that is higher. This is actually documented. That is happening right now in this century. So one of the things I think is also critically important is, say I am a bank now--because one of the things that is happening in Detroit, specifically, is we have had Comerica Bank and Huntington Bank in Detroit close several branches already throughout 2016 and only--like in 2016 by Comerica Bank. One of the things I want to know is, if I am a bank now and I need to need to meet CRA, what are some of the just basic minimums under this new rule do I have to meet? Ms. Levi. First of all, I would say this: In Detroit, and in a lot of rural communities, for example, there is a lot of demand for small mortgages, small dollars, small business loans, small stuff. And this proposal would incent the big stuff. And so, those qualitative factors around small things aren't strengthened here; they are weakened. Again, the retail lending test is going from half to far less. So, the incentives in the proposal are off. Ms. Tlaib. Okay. One of the things I wanted to ask Ms. Gonzalez-Brito is, what impact, I think not only in homeownership but other kind of economic opportunity impacts for communities of color, and one of the things I do want to get to is, is it true that the number of homeowners among communities of color is actually less than before the CRA at this point, that the numbers--again, I--we used to have the largest statistic for homeownership, I think it was up to 70 percent in Detroit. It is where we built up the middle class. It was incredible. And now, it has just dropped significantly. Can you talk about that, the systematic change? Because I think it is all interconnected with everything else that we try to fund. From transportation, from other kinds of school programs, all these things are so interconnected with homeownership. Ms. Gonzalez-Brito. I think that has a lot to do with what you were talking about in term of systemic racism. We saw in the subprime mortgage crisis that banks were targeting African Americans and immigrants for these loans that were targeted to us because of systemic racism. I think CRA plays an important role in homeownership for low-income people. And, unfortunately, the way that this proposal is written, it will lessen the amount of homeownership in our communities instead of helping. Ms. Tlaib. Thank you, Mr. Chairman. Chairman Meeks. The gentlelady's time has expired. I now recognize the gentleman from Texas, Mr. Williams, for 5 minutes. Mr. Williams. Thank you, Mr. Chairman. I am a small business owner from Texas. I have been in business for 50 years. I can't help but think as we have this conversation, I remember, in 1976, I was actually on a board. I was actually on a community bank board, and we were having all the dialogue of, how are we going to make this work, and here we are still having the dialogue, and I think that is probably healthy. I asked a community bank in my district--a pillar of the community, who does everything they can to make the community better--what is the biggest issue with the current CRA regime, and they said the lack of transparency within the system. For example, their bank will engage in a transaction of a local group thinking it will meet the investment test, only to be told it does not qualify. Additionally, regulators will not give banks preclearance for new activities, which prevents them from innovating and experimenting with new activities that are better suited to meeting the standards of low- and moderate- income people. Let their mind wander. Let them have a chance to invent things. So, Ms. Bautista, can you discuss how this new proposal, and we have touched on this a little bit, will add additional activities that banks can experiment with in order to help communities in innovative ways? Ms. Bautista. Like I said, CRA officers want to do the right thing because that is what they are hired for. Sometimes, the CEO or the executive does not have the passion in helping the community. So, that is where I see the difference from the top to bottom. But if the CEOs recognize, and now that they have to be examined, they are now going to be--make sure that they are accountable for this, there is going to be more pressure for them to do the right thing. And I agree with a lot of things for the African Americans, for the women, that is more lack of access to capital. So with this CRA reform, with so much clarity, when in the last 25 years, and I cannot imagine there was no clarity. And I really have to thank Comptroller Auten and Yolanda McWilliams, the people who are doing this, because they are finally sticking their necks out. So, we have to give credit when it is due. Mr. Williams. There are a lot of good ideas out there. We need to let them grow. Ms. Levi. Can I add something? Mr. Williams. No, I have limited time here. I have heard from the bankers in my district that CRA deserts and rural communities present unique challenges for their branches. Ms. Bautista, on page 3 of your testimony, you talk about the disparity in banking options between Compton and Santa Monica in California. And even though Compton, California, and Lampasas, Texas--that is in my district--are polar opposites, I am curious if the problems that both localities face regarding CRA are similar? Do you believe that this new CRA proposal is flexible enough to serve the unique challenges in both rural and urban areas? Ms. Bautista. Absolutely. This is why I also have to thank the tours that the Comptroller has done, because he went to Compton, and a lot of the NDC members were there, a lot of the pastors, and the CDFI. And he recognized that there has to be a lot of help in Compton. It is even hard to buy a home in Compton. And it is the same population between Compton and Santa Monica, and yet there are more branches in Santa Monica. So with the CRA reform, I am so happy that our members in Compton, and I talk to them a lot, that there is now going to be at least hope for them to own a home, a small business, and then have a job. Mr. Williams. Come to Lampasas, Texas, one day. You are invited, okay? Ms. Bautista. Okay. Mr. Williams. The business of banking has changed drastically since the last time the CRA was updated, and it seems like these regulations are long overdue for modernization. In reviewing this proposal, it seems like it would provide more support to America's small business, of which I am one, and small farms, which are the primary source of jobs in America and create economic opportunity in underserved areas. So my question to you, Ms. Knight is, can you tell me specifically what you think is wrong with allowing more support for these types of activities? Ms. Knight. We will talk specifically about some of the activity that would be counted for credit for CRA in this proposal. Any activity in a low- to moderate-income Opportunity Zone would count, so that would be luxury housing, self-storage facilities, and stadiums, as was mentioned earlier. Those activities don't necessarily provide the kinds of support and services that low-income communities are looking for. Mr. Williams. Okay. With the advent of online and mobile banking, I tend to agree the current assessment area criteria is outdated. As the business of banking becomes more mobile, we should update our regulation to better reflect the reality. Ms. Bautista, in light-- Chairman Meeks. The gentleman's time has expired. Mr. Williams. My time is up. I yield back. Chairman Meeks. The gentlewoman from Virginia, Ms. Wexton, is recognized for 5 minutes. Ms. Wexton. Thank you, Mr. Chairman. And thank you to the witnesses for coming to testify before us today. As has been noted, the OCC's proposed rule focuses more on the dollar amount and the quantity of transactions and loans than on the quality of those loans. And in an op-ed that ran over the weekend, The New York Times editorial board used the example of a bank financing a new sound system at M&T Stadium in Baltimore, and then claiming CRA credit for investing in the community. And they could do that under this new proposal. Is this type of lending consistent with the original purpose of the CRA, which was to ensure that people in LMI communities have equal and affordable access to banking systems? So how does this kind of lending, this particular instance of lending, how would that benefit people in LMI communities, particularly those in the area around the stadium in Baltimore? Ms. Bautista? Ms. Bautista. Thank you for asking that. People are reacting to the fact that now there is a proposed list that we can-- Ms. Wexton. I'm sorry. I asked a very specific question. How would that particular project benefit or how would it help the people in the area of Baltimore around that stadium access more credit and fair and equal access to credit? Ms. Bautista. We need to make sure that the projects don't take advantage of the most vulnerable. So, it has to be really thought out. Ms. Wexton. So would the financing of a new sound system at a stadium help people in the community-- Ms. Bautista. So it always-- Ms. Wexton. --get more access to credit? Ms. Bautista. It always depends, right? I am always about job creation. I want to make sure that when--because if there is a job, there will be homeownership. And if you create more businesses-- Ms. Wexton. So you can't draw a straight line from that. It would be through--if the people in that community got a job putting that new sound system in the stadium, then they might be able to afford to borrow money. Is that what you are saying? Ms. Bautista. You really have to think it through. Like I said, it is not one-size-fits-all. If-- Ms. Wexton. Thank you very much. Ms. Levi, can you explain to me how such a project would benefit the people in the community? Ms. Levi. If you want a short answer and a straight line, it wouldn't. It is not the type of lending or investing that CRA was designed to do. You don't need CRA to get that done. Okay? So it just wasn't what CRA was designed to do. Ms. Wexton. Last week, we heard some testimony that the OCC and the FDIC and the Fed are not all on the same page about this proposed rule. And last week, Governor Lael Brainard from the Federal Reserve unveiled an alternative approach that would be kind of more focused on a results-oriented sort of an assessment. And the Fed oversees about 15 percent of CRA activities. If these three regulators do not end up on the same page, what are some problems that lenders could face with this uncertainty? Ms. Levi. Forum shopping in their charters, but also, just on the data, the analyses and the modeling. It is a preferable start. But in its 40-year history, the regulators have implemented this law really in coordination, and this proposal right here has fractured the consensus. But I think forum shopping is one in terms of charters and things like that could be a downside, among other things. Ms. Wexton. Can you opine as to the advisability of the OCC and the FDIC moving forward on this new proposal without the Fed being on board? Ms. Levi. I would say both on the advocacy side for communities, and I have heard lots of bankers say the same thing. They really want the regulators to be on the same page. But, and this is key, not behind this proposal. A better approach is where consensus should be built. Ms. Wexton. Very good. Thank you very much. And I will yield back the remainder of my time. Chairman Meeks. The gentlelady yields back the balance of her time. The gentleman from Georgia, Mr. Loudermilk, is now recognized for 5 minutes. Mr. Loudermilk. Thank you, Mr. Chairman. And I thank you all for being here. I just want to make sure we do clarify something, before I get into my questions, that Ms. Brainard was speaking on her own behalf, not on behalf of the Fed. So, let's make sure that is clear. It is important that we have this hearing because, as has been stated several times, it has been a long, long time since the CRA has been updated. Much has changed in that time period, from technology, to our culture, to the diversity. And it is extremely important that, as we continue on, we make sure that CRA is being invested in areas that really matter. I represent rural communities as well as metropolitan areas. And as has been spoken to earlier, the small banks are the ones who really are in the position to have and the desire to have the greatest impact and invest in these communities. This is a very complex issue. And what I am afraid of is, since I have been here in the City, there is a lot of resistance to change, especially before we even give it an opportunity to move forward, and this is something that is extremely complex. And I think if you hold it in the light of yesterday versus into today, and I think that is what we are doing, is we are comparing an old regulatory scheme in the light of today and it causes problems, so we are looking at ways to update it. As I talk to the banks back home, those that are in our communities, one of the biggest flaws that is expressed to me is, under the current CRA regime, it takes regulators years sometimes to deliver CRA exam results to a bank. That deprives low- and moderate-income communities of a lot of CRA activity. So, Ms. Bautista, will the proposed rule make CRA exam results more timely by making the CRA more objective? Ms. Bautista. Yes. The answer is yes. And going back to minority banks, if the minority banks are really helping the borrowers on the ground, we should also encourage the big banks to invest in minority banks so they can do more work. So with the clarity now, the minority banks--even the commercial banks can do a lot more. They can plan exactly what they will be planning in the next year or 2 years. And then my encouragement is keep opening this discussion. Find out from different people what they really need. And we should really ask the low- to moderate-income people, the people of color, English as a second language, do they even know about CRA? Most of them do not know about CRA. They don't even know what the Community Reinvestment Act. So, I have to go out there and explain it to them. When I went to Southeast Asian business organizations, I asked them, can you raise your hand if you know about CRA? They don't know. So, I was able to explain it to them. So the more community organizers doing this, the more we can deliver results. And the more we work together and we are encouraging the Federal Reserve--and I know this is not just Lael Brainard. There are a lot of Governors there who also have to weigh in, not just one person. And a lot of the people who are working for the Governors, the Eric Belskys of the world, the gravitas, they all care so much about this. So let's give them a chance to iron out what is good. But somehow, you have to do it. Like Nike's slogan, just do it. Mr. Loudermilk. And what I get back from a lot of these banks is, under the current CRA, it is almost like filling a box to get a credit versus the transparency and the clarity of knowing where you can invest. And I think that is extremely important. Another aspect of this that needs to be modernized is, we live in an area of technology, working with different banks, smaller banks especially. There are more and more people, including those in low-income areas, who are relying more on technology for banking, especially the underbanked and unbanked who are using these devices. Is there anything in this rulemaking that will allow banks to expand their CRA activities into areas where they can use the fintech platforms to collect deposits? Ms. Bautista. Yes. This is another thing that I like, if it is a bank that does not have a branch presence, but they have 5 percent deposit, they have now to do some CRA. Right now, they are excused. They are exempted from CRA. Not anymore. If you take deposits from my world, my local community, you better invest in my community. Mr. Loudermilk. Thank you. I am out of time. Chairman Meeks. The gentleman's time has expired. I now recognize the gentlewoman from New York, Ms. Velazquez, for 5 minutes. Ms. Velazquez. Thank you, Mr. Chairman. Mr. Rodriguez, it's wonderful to see you again. Mr. Rodriguez. Likewise. Thank you. Ms. Velazquez. As you know, the CRA was passed by Congress in 1977 in response to redlining and to ensure banks meet the credit and capital needs of all the communities they serve. Can you describe the impact the CRA has had on Latino communities? Mr. Rodriguez. Yes. Thank you for the question. There is a lot of really good information and data that is coming out that shows significant increases in CRA investments in Latino, African American, and other communities that have been historically discriminated against that we have for ourselves. Ms. Velazquez. And do you believe this community will still benefit from the CRA's principles and its core mission? Mr. Rodriguez. Absolutely. The one thing that hasn't changed in all these years is that we still have significant disparities in financial and economic indicators by race and ethnicity for communities that need to be addressed, and CRA can be an important part or continue to be an important part of that solution. Ms. Velazquez. Ms. Levi, I believe that you will agree with the assessment. Ms. Levi. Absolutely, and so would the Federal Reserve of Philadelphia, Richmond, and many other public and private researchers that have documented it. Ms. Velazquez. Thank you. Mr. Rodriguez, in 2018, the Association for Neighborhood & Housing Development found that in low-income census tracts in New York City, the number of bank branches was down 7 percent since 2017. I am concerned about how these trends will impact my constituents' access to affordable credit and financial services. How important are bank branches to LMI communities, especially Latinos? Mr. Rodriguez. We continue to believe that it is enormously important. Our research shows 7 in 10 Latinos still use bank branches. It is an important source of wraparound credit. And I would just add for those Members of Congress who have rural communities, rural America has lost half of its bank branches in the last 2 decades. If they want rural communities to look like Red Hook, Brooklyn, 30 years ago, they will allow this rule to continue without the Fed's involvement. Ms. Gonzalez-Brito. Congresswoman, can I add something to that? Ms. Velazquez. Yes. Ms. Gonzalez-Brito. This proposal actually eliminates the service test and would make it so that banks receive almost no credit for branches in LMI communities. So, it would really do a lot of damage for what Mr. Rodriguez is talking about, the need for branches in communities that are LMI, Latino communities as well, and African-American communities and other communities of color. Ms. Velazquez. Thank you. And as banks place greater emphasis on their online platforms and apps or choose to become branchless altogether, how should we think about the importance of branch banking in terms of CRA? Ms. Levi? Ms. Levi. It continues to be critical, and the elements of this proposal that attempt to reach that, the new deposit-based assessment areas, again, it is not clear in the proposal how many credit deserts they are going to cover. It simply is not there. And Ms. Bautista is missing one key. You actually have to collect more than 50 percent of your deposits outside of your branch network before any new assessment areas have to meet the 5 percent market threshold that she mentioned. So, that is a very high hurdle. And again, how many credit deserts, how many credit hot spots are we going to see new assessment areas in? Ms. Velazquez. Thank you. In her remarks regarding CRA reform at the Urban Institute last week, Governor Brainard stated it is much more important to get the reform right than to do it quickly. So by a show of hands, how many of you agree with this statement? And by a show of hands, how many of you are concerned that the OCC and the FDIC may be trying to rush the rule towards finalization and are not providing sufficient time for public comment? So, Ms. Bautista, you think that we don't need more time for people to provide input? Ms. Bautista. Congresswoman, like I said, it is 25-years- old. They have 10 years of that data. The last 2 years, they were diligently working on this. And you can relate to this because being women, being minority, our people need help now. They need jobs. They need to have capital for their small businesses. They need affordable housing. They need all of that. If I'm going to wait, I am not giving justice to the people I serve. They are smart enough, right. This is why input from all of us here is fantastic. Ms. Velazquez. Thank you. Ms. Bautista. Put everything together. Ms. Velazquez. Thank you. Mr. Rodriguez-- Chairman Meeks. The gentlewoman's woman time has expired. Ms. Velazquez. Thank you. I yield back. Chairman Meeks. I now recognize the gentleman from Virginia, Mr. Riggleman, for 5 minutes. Mr. Riggleman. Thank you, Mr. Chairman. I want to start by saying I support the mission of the CRA to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods, and I applaud the OCC and FDIC's effort to bring the CRA into the 21st Century. And I also believe we need to make the CRA work better for everyone and encourage more lending, investment, and services in the areas that need it most. And for Ms. Bautista, one more time just to clarify, why would this actual proposal help with any type of transparence and timely reporting? Ms. Bautista. Looking at all the 200 pages or so, I found 10 benefits to citizens and community members, which we wrote down: 10 benefits to community development practitioners, advocates, small farms, and small businesses. We have spoken to community leaders, to the pastors, to the borrowers, to the homeowners. We all know the problems. We are not going to hide that we don't know the problems. We all agree, whatever side of the aisle you are on, that we are all the same. CRA is nonpartisan. CRA is about helping people. And if we truly need to help people, we have to do it now. Mr. Riggleman. The reason I am asking that question is, you talked about small farms and small businesses, and for the whole panel, 65 percent of the population of my district resides in rural areas. It is over 10,000 square miles. And for the East Coast, that is a pretty big district. That is bigger than New Jersey. So, I go all the way from the suburbs of D.C. here all the way to the North Carolina border. As far as I am concerned, any modernization to the CRA has to address the unique challenges that I have, especially in underserved rural communities, especially with accessing credit. So one more, Ms. Bautista. How do you think the CRA proposal to increase the size of loans that qualify as small farm loans in LMI areas will impact lending in rural areas? Ms. Bautista. We have one member, Martha Montoya, all of her life is serving the farms, and, oh, she is so excited now. In this proposal, when she saw the words, ``small farms, family farms,'' she was so excited. So I told her, come to the workshops, come to the town halls so they can be heard, and she said, ``Faith, as much as they want to, they are so busy and they cannot go to San Francisco, they cannot go to L.A., they cannot go to D.C..'' So my message to her is, tell them help is coming. Mr. Riggleman. Thank you. Ms. Levi. Can I add something? Mr. Riggleman. Yes, ma'am. Please. Ms. Levi. Okay. Mr. Riggleman. Actually, you were next on the questions, so this is perfect. Thank you. Ms. Levi. I think you are raising some very important concerns, and there has been a lot of talk in the committee room about all these new areas where you can get CRA credit. But I want you to understand that it is the CRA obligation, not just where you can get the credit, that drives a lot of bank behavior, that banks will actually be examined in an area to look at the kind of lending to small businesses and things like that that they are doing. So the obligation drives a lot of bank behavior, not--so a proposal that lets them sort of hopscotch around the nation and cherry pick the most profitable lending and investment opportunities, again, it is not going to incent what we need to incent in terms of lending and investing in the most difficult areas. Mr. Riggleman. So in that sense, because if I--just to let--and everybody on the panel probably knows this. If I am going down to--if I say CRA to any one of the small farmers or businesses in my district, even those who are underserved, they don't even know what I am talking about, right? And I almost believe there needs to be some kind of marketing program, but that is probably another hearing, as we go through with what CRA can actually do, as we go forward. Ms. Levi, you were there. That is great, because I had another question for you. But I do think everyone on the panel would agree that a regulatory structure that is clear, consistent, and works for all impacted parties, including the lenders, is a good thing. And if you want to incentivize financial institutions of all sizes to comply with laws and regulations, I think it is incumbent on the government to ensure equal and tailored treatment. I would say this, and I wrote something else down, but isn't fair treatment the rationale for the Community Reinvestment Act? And for people like me who, brand new to the Financial Services Committee after a year, who ran multiple small companies, that is something that I want to make sure that we push towards. So, here is the thing. And, Ms. Levi, you can expand on this. Thank you for chiming in. What do you think the best way is to hold banks with vastly different sizes and business models to the same community development standards? When you are talking about incenting these banks, how do you hold them to the same standards based on their different sizes and also the business models? Ms. Levi. Again, I think this proposal does have a one- size-fits-all. It isn't tailored to banks with different business models, the ebbs and flows of the economic cycle and things like that. It is just really one standard for everybody. Chairman Meeks. The gentleman's time has expired. Mr. Riggleman. Thank you. Chairman Meeks. I now recognize the gentleman from Illinois, Mr. Garcia, for 5 minutes. Mr. Garcia of Illinois. Thank you, Mr. Chairman. And thanks to all of the panelists who have shared their expertise and wisdom with us today. I must confess, I am moved by four-fifths of the panel with many of the concerns that you have clearly articulated and warned us about if this proposed CRA rule is approved. In 2018, in a post outlining principles for CRA reform, NCRC wrote, ``Currently, the only penalty for failed CRA ratings is the possibility of denial of merger or branch applications. This is one of the few sticks things that motivates banks to pass their CRA exams.'' That is the leverage, right? Still, we have seen many examples of mergers getting waved through between banks with poor records of lending in low-income communities. Ms. Gonzalez-Brito, you have some experience advocating that a bank with a problematic CRA record not be allowed to merge. In your testimony, you describe Mr. Otting's bank, OneWest, as, ``among the worst banks at reinvesting in low- to moderate-income communities.'' You outlined OneWest's discriminatory lending record, the high number of complaints filed against it with the CFPB, and its abysmal record of supporting affordable rental housing development and lending to small businesses. In your view, why was a bank with such a poor CRA record allowed to merge with CIT? And why did the OCC require such a weak CRA plan? Ms. Gonzalez-Brito. That is a great question, Congressman, and one that we haven't had an answer to. I think the OCC did negotiate a CRA plan with CIT-OneWest, and in that plan, OneWest included mortgages to upper-income borrowers and luxury condos. And now, we are seeing some of those kinds of activities in the proposal that you are seeing the OCC put forth now. I think the OCC, unfortunately, has a record of waving mergers through, and what we should be seeing is more stringent CRA plans being required by banking regulators. And unfortunately, we are seeing relaxation of the types of requirements that banks are required to do. Mr. Garcia of Illinois. Thank you for pointing that out. I would like to note that my bill, the Bank Merger Review Modernization Act, requires merging banks to have outstanding CRA performance records and a strong community benefits plan. Let's turn now to the OCC's proposal. As Mr. Rodriguez has highlighted, Chicago played an important role in the history and the creation of the CRA. I have to give a shout-out to the late Gale Cincotta, who was a heroine in Chicago, a champion for the people all over the country, and someone who inspired me in the field of community development. I am a former housing counselor with Neighborhood Housing Services and rose to become a director of one of the branches. A law that was written in response to redlining in communities like mine should have its exams informed by the richest possible data, but the current CRA doesn't work this way. Advocates have repeatedly pointed out that the CRA does not explicitly examine whether lending is occurring in communities of color. Advocates have also recommended that provisions of the Dodd-Frank Act be fully implemented so that CRA exams can more accurately scrutinize small business lending. As one advocate put it, ``Small business lending should really be just that, loans to small businesses rather than loans under $1 million.'' Ms. Levi, by changing the definition of small business to those with revenues of up to $2 million, doesn't the OCC proposal move things in the complete opposite direction? Ms. Levi. Yes, it does. The CFPB estimated that 95 percent of small businesses had revenues of $1 million or less, so I think that stat speaks for itself. And most small businesses need small dollar credit. Mr. Garcia of Illinois. That is where the business is and the action, and that is where we should be targeting. Ms. Levi. Right. And it is not targeted. Mr. Garcia of Illinois. Finally--and thank you. I would like to ask each of the witnesses to briefly, if they can, provide some examples of smaller, more complex projects that might actually be more beneficial to the community than a flashy, high-dollar project like the stadium renovation. Chairman Meeks. Pick one. Mr. Rodriguez. Quickly, the housing counseling program that you had an opportunity to work with was created many, many years ago out of a CRA-credited investment between banks and industry and GSCs and community organizations. It is now highly successful. Thousands and thousands of families go through the home buying process today and get into homes with the support of local counselors. Chairman Meeks. The gentleman's time has expired. Mr. Garcia of Illinois. Thank you, Mr. Chairman. Chairman Meeks. All time has expired. I now recognize the ranking member, Mr. Luetkemeyer, for 1 minute for the purpose of a closing statement. Mr. Luetkemeyer. Thank you, Mr. Chairman. And I thank all of the panelists for being here today. It was a lively discussion. You have added a lot of good information and thoughts to the discussion here. What we are talking about today is the Community Reinvestment Act, key word ``community.'' A lot of the attention today was focused on housing, which is fine, but I think what we were trying to do here with the readjustment of the Community Reinvestment Act is to look at a more holistic approach, a wider approach and say, wait a minute. What makes up a community? Not just homes, but also businesses, also services, places for jobs. So if the bank is not incentivized to do that, to invest in those food pantries and churches and community centers and small businesses, we don't have a community. So, this is the problem that we have. And I will tell you, I am probably the only one in this room today who has actually filled out one of these CRA exam reports, because I have done that in one of my former lives. So I can tell you the difficulty in filling it out. The difficulty in getting excellent credit from the CRA folks, that is very, very difficult to do. It is not just a rubber stamp. Trust me, it is not. So, I want to do one thing first. Thank you for your comments. I want to ask you, though, to please comment during the comment period with your suggestions, but come up with a solution. Don't just comment, ``I don't like this, I don't like that.'' Give us solutions on how you can make it better, okay? One solution I am going to give you right now with regards to homes versus all of these other things is, why don't you weigh it? Homes account for this much, and all of these other things that you invest in account for this much. If it doesn't weigh 1 to 1 or 2 to 1, whatever, weigh it. That is an example of a way I think we can solve a problem. The other thing I want to point out, and I am going to take the gavel away from the chairman for just a second here, is one of the problems that we have with CRA, as a former bank examiner and a former banker myself, was the abuse by the regulators of CRA over the last several years. This was a huge problem. I know a number of banks in my district that were not allowed to expand. They were forced to do things because--and they kept the CRA exam open for as long as 3 years in one situation because the regulators forced them to try and do something they didn't want to do. They wouldn't allow them to go out and buy another bank or consolidate or anything like that, and they kept the exam open for 3 years. It is that kind of abuse that was there from the former regulators that we are also fighting with this new regulation today. And don't forget that when you look at this new proposal. There is a lot in here that we need to put in place so you can keep that abuse from happening again. Mr. Chairman, with that, you are a fantastic chairman. I will give you back your gavel. I thank you for allowing me the time. Chairman Meeks. I would like to thank our witnesses for their testimony today. And as we close, it is important to remember that we are here to debate the implications of critical rulemaking on the lives of millions of low- and moderate-income American families. Regrettably, the United States has a long, ugly history of federally sanctioned and enabled cultural and corporate discrimination. The legacy of this discrimination echoes today. We collectively have an obligation as legislators, regulators, corporate executives, and community advocates to act in an intellectually honest manner and tackle these issues which have real impact on real people in disenfranchised communities. The people who will be impacted by the changes of these rules and regulations are the least fortunate among us and live in all of our districts. This isn't picking sides or saying that you are a Democrat or a Republican. This is about ensuring that communities that continue to bear the burden of discrimination and exclusion are not abandoned by our banking system and left in a perpetual cycle of disinvestment and exclusion. This is about getting it right. No expediency. It took 25 years to get to where we now have to remodernize it. If we don't get it right, we are going to hurt these people, not help them. We need to take our time and make sure we get it as right as we possibly can, because if we don't, we can destroy a community and people who need the most help. Let us take the time to get the comments from everyone so we can get it right. And I think that we can tell by the participation of the Members at this hearing on both sides of the aisle that this is really important. It is why this is the second time we have had a hearing on CRA. It is why we are going to have Mr. Otting in here. It is why we will have the Fed back in here. This is too important for us to just wipe and move along without making sure we get it right. The Chair notes that some Members may have additional questions for this panel, which they may wish to submit in writing. Without objection, the hearing record will remain open for 5 legislative days for Members to submit written questions to these witnesses and to place their responses in the record. Also, without objection, Members will have 5 legislative days to submit extraneous materials to the Chair for inclusion in the record. This hearing is now adjourned. [Whereupon, at 5:03 p.m., the hearing was adjourned.] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]