Before issuing any opinion letter or interpretive rule, in response to a request or upon the agency's own motion, that concludes that Federal law preempts the application to a national bank of any State law regarding community reinvestment, consumer protection, fair lending, or the establishment of intrastate branches, or before making a determination under section 36(f)(1)(A)(ii) of this title, the appropriate Federal banking agency (as defined in section 1813 of this title) shall-
The appropriate Federal banking agency shall publish in the Federal Register-
This section shall not apply with respect to any opinion letter or interpretive rule that-
This section shall not apply with respect to materials prepared for use in judicial proceedings or submission to Congress or a Member of Congress, or for intragovernmental use.
The appropriate Federal banking agency may make exceptions to subsection (a) if-
12 U.S.C. § 43
EDITORIAL NOTES
CODIFICATIONAnother R.S. §5244 is classified to section 8 of Title 33, Navigation and Navigable Waters.
- State
- The term "State" means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, or the United States Virgin Islands or any federally recognized Indian tribe, as defined by the Secretary of the Interior under section 5131(a) of title 25.
- consumer
- The term "consumer" means an individual or an agent, trustee, or representative acting on behalf of an individual.
- fair lending
- The term "fair lending" means fair, equitable, and nondiscriminatory access to credit for consumers.