(a) Information required to be collected and maintained.
(1) Small business
loans and small farm loans data. A large bank must collect and
maintain in electronic form, as prescribed by the Board, until the
completion of the bank’s next CRA examination in which the data
are evaluated, the following data for each small business loan or
small farm loan originated or purchased by the bank during the evaluation
period:
(i) A unique number or alpha-numeric
symbol that can be used to identify the relevant loan file;
(ii) An indicator for the
loan type as reported on the bank’s Call Report or Report of
Assets and Liabilities of U.S. Branches and Agencies of Foreign Banks,
as applicable;
(iii)
The date of the loan origination or purchase;
(iv) The loan amount at origination
or purchase;
(v) The
loan location, including state, county, and census tract;
(vi) An indicator for whether
the loan was originated or purchased by the bank;
(vii) An indicator for whether the loan
was to a business or farm with gross annual revenues of $250,000 or
less;
(viii) An indicator
for whether the loan was to a business or farm with gross annual revenues
greater than $250,000 but less than or equal to $1 million;
(ix) An indicator for whether
the loan was to a business or farm with gross annual revenues greater
than $1 million; and
(x) An indicator for whether the loan was to a business or farm for
which gross annual revenues are not known by the bank.
(2) Consumer loans data—Automobile loans.
(i) Large banks. A large bank
for which automobile loans are a product line must collect and maintain
in electronic form, as prescribed by the Board, until the completion
of the bank’s next CRA examination in which the data is evaluated,
the data described in paragraphs (a)(2)(iii)(A) through (F) of this
section for each automobile loan originated or purchased by the bank
during the evaluation period.
(ii) Intermediate or small banks. An intermediate bank or a small bank for which automobile loans
are a product line may collect and maintain in a format of the bank’s
choosing, including in an electronic form prescribed by the Board,
until the completion of the bank’s next CRA examination in which
the data are evaluated, the data described in paragraphs (a)(2)(iii)(A)
through (F) of this section for each automobile loan originated or
purchased by the bank during the evaluation period.
(iii) Data collected and maintained. Data collected and maintained pursuant to paragraph (a)(2)(i) or
(ii) of this section include the following:
(A) A unique number or alpha-numeric
symbol that can be used to identify the relevant loan file;
(B) The date of the loan origination
or purchase;
(C) The loan
amount at origination or purchase;
(D) The loan location, including state, county,
and census tract;
(E) An
indicator for whether the loan was originated or purchased by the
bank; and
(F) The gross
annual income relied on in making the credit decision.
(3) Home mortgage loans.
(i) If a
large bank is subject to reporting under 12 CFR part 1003, the bank
must collect and maintain, in electronic form, as prescribed by the
Board, until the completion of the bank’s next CRA examination
in which the data are evaluated, the location of each home mortgage
loan application, origination, or purchase outside the MSAs in which
the bank has a home or branch office (or outside any MSA) pursuant
to the requirements in 12 CFR 1003.4(e).
(ii) If a large bank is not subject
to reporting under 12 CFR part 1003 due to the location of its branches,
but would otherwise meet the Home Mortgage Disclosure Act (HMDA) size
and lending activity requirements pursuant to 12 CFR part 1003, the
bank must collect and maintain, in electronic form, as prescribed
by the Board, until the completion of the bank’s next CRA examination
in which the data are evaluated, the following data, for each closed-end
home mortgage loan, excluding multifamily loans, originated or purchased
during the evaluation period:
(A) A unique number or alpha-numeric
symbol that can be used to identify the relevant loan file;
(B) The date of the loan origination
or purchase;
(C) The loan
amount at origination or purchase;
(D) The location of each home mortgage loan
origination or purchase, including state, county, and census tract;
(E) The gross annual income
relied on in making the credit decision; and
(F) An indicator for whether the loan was
originated or purchased by the bank.
(4) Retail banking services and retail banking products
data.
(i) Branches and remote service facilities. A large bank must collect and maintain in electronic form, as prescribed
by the Board, until completion of the bank’s next CRA examination
in which the data are evaluated, the following data with respect to
retail banking services and retail banking products offered and provided
by the bank during each calendar year:
(A) Location of branches,
main offices described in section 228.23(a)(2), and remote service
facilities. Location information must include:
(1) Street address;
(2) City;
(3) County;
(4) State;
(5) Zip code; and
(6) Census tract;
(B) An indicator for whether
each branch is full-service or limited-service, and for each remote
service facility whether it is deposit-taking, cash-advancing, or
both;
(C) Locations and
dates of branch, main office described in section 228.23(a)(2), and
remote service facility openings and closings, as applicable;
(D) Hours of operation of each
branch, main office described in section 228.23(a)(2), and remote
service facility, as applicable; and
(E) Services offered at each branch or main
office described in section 228.23(a)(2) that are responsive to low-
and moderate-income individuals, families, or households and low-
and moderate-income census tracts.
(ii) Digital delivery systems and
other delivery systems data.
(A) In general. A large
bank that had assets greater than $10 billion as of December 31 in
both of the prior two calendar years, a large bank that had assets
less than or equal to $10 billion as of December 31 in either of the
prior two calendar years that does not operate any branches or a main
office described in section 228.23(a)(2), and a large bank that had
assets less than or equal to $10 billion as of December 31 in either
of the prior two calendar years that requests additional consideration
for digital delivery systems and other delivery systems pursuant to
section 228.23(b)(4), must collect and maintain in electronic form,
as prescribed by the Board, until the completion of the bank’s
next CRA examination in which the data are evaluated, the data described
in paragraph (a)(4)(ii)(B) of this section. A bank may opt to collect
and maintain additional data pursuant to paragraph (a)(4)(ii)(C) of
this section in a format of the bank’s own choosing.
(B) Required data. Pursuant
to paragraph (a)(4)(ii)(A) of this section, a bank must collect and
maintain the following data:
(1) The range of retail banking services and retail banking
products offered through digital delivery systems and other delivery
systems; and
(2) The digital delivery systems and other delivery systems activity
by individuals, families, or households in low-, moderate-, middle-,
and upper-income census tracts, as evidenced by:
(i) The number of checking and savings
accounts opened digitally and through other delivery systems by census
tract income level for each calendar year; and
(ii) The number of checking and savings
accounts opened digitally and through other delivery systems that
are active at the end of each calendar year by census tract income
level for each calendar year.
(C) Optional data. Pursuant
to paragraph (a)(4)(ii)(A) of this section, a bank may collect and
maintain any additional information not required in paragraph (a)(4)(ii)(B)
of this section that demonstrates that digital delivery systems and
other delivery systems serve low- and moderate-income individuals,
families, or households and low- and moderate-income census tracts.
(iii) Data for deposit products responsive to the needs of low- and moderate-income
individuals, families, or households.
(A) In general. A
large bank that had assets greater than $10 billion as of December
31 in both of the prior two calendar years and a large bank that had
assets less than or equal to $10 billion as of December 31 in either
of the prior two calendar years that requests additional consideration
for deposit products responsive to the needs of low- and moderate-income
individuals, families, or households pursuant to section 228.23(c)(3),
must collect and maintain in electronic form, as prescribed by the
Board, until the completion of the bank’s next CRA examination
in which the data are evaluated, the data described in paragraph (a)(4)(iii)(B)
of this section. A bank may opt to collect and maintain additional
data pursuant to paragraph (a)(4)(iii)(C) of this section in a format
of the bank’s choosing.
(B) Required data. Pursuant to paragraph (a)(4)(iii)(A) of
this section, a bank must collect and maintain the following data:
(1) The number of responsive deposit
accounts opened and closed during each year of the evaluation period
in low-, moderate-, middle-, and upper-income census tracts; and
(2) In connection
with paragraph (a)(4)(iii)(B)(1) of this section, the percentage
of responsive deposit accounts compared to total deposit accounts
for each year of the evaluation period.
(C) Optional data. Pursuant
to paragraph (a)(4)(iii)(A) of this section, a bank may collect and
maintain any other information that demonstrates the availability
and usage of the bank’s deposit products responsive to the needs
of low- and moderate-income individuals, families, or households and
low- and moderate-income census tracts.
(5) Community development loans and community development
investments data.
(i) (A) A large bank and a
limited purpose bank that would be a large bank based on the asset
size described in the definition of a large bank, must collect and
maintain in electronic form, as prescribed by the Board, until the
completion of the bank’s next CRA examination in which the data
are evaluated, the data listed in paragraph (a)(5)(ii) of this section
for community development loans and community development investments
originated, purchased, refinanced, renewed, or modified by the bank
during the evaluation period.
(B) An intermediate bank that
opts to be evaluated under the Community Development Financing Test
in section 228.24 must collect and maintain in the format used by
the bank in the normal course of business, until the completion of
the bank’s next CRA examination in which the data are evaluated,
the data listed in paragraph (a)(5)(ii) of this section for community
development loans and community development investments originated,
purchased, refinanced, renewed, or modified by the bank during the
evaluation period.
(ii) Pursuant to paragraphs (a)(5)(i)(A)
and (B) of this section, a bank must collect and maintain, on an annual
basis, the following data for community development loans and community
development investments:
(A) General information on the loan or investment:
(1) A unique number or alpha-numeric
symbol that can be used to identify the loan or investment;
(2) Date of origination,
purchase, refinance, or renewal of the loan or investment;
(3) Date the loan or
investment was sold or paid off; and
(4) The dollar amount of:
(i) A community development loan originated
or purchased, or a community development investment made, including
a legally binding commitment to extend credit or a legally binding
commitment to invest, in the calendar year, as described in paragraph
I.a.1.i of appendix B to this part;
(ii) Any increase in the calendar
year to an existing community development loan that is refinanced
or renewed or to an existing community development investment that
is renewed;
(iii) The outstanding balance of a community development loan originated,
purchased, refinanced, or renewed in previous years or community development
investment made or renewed in previous years, as of December 31 for
each year that the loan or investment remains on the bank’s
balance sheet; or
(iv) The outstanding balance, less any increase reported in paragraph
(a)(5)(ii)(A)(4)(ii) of this section in the same calendar
year, of a community development loan refinanced or renewed in a year
subsequent to the year of origination or purchase, as of December
31 of the calendar year for each year that the loan remains on the
bank’s balance sheet; or an existing community development investment
renewed in a year subsequent to the year the investment was made as
of December 31 for each year that the investment remains on the bank’s
balance sheet.
(B) Community development loan or community
development investment information:
(1) Name of organization or entity;
(2) Activity type (loan or investment);
(3) The type of community
development described in section 228.13(b) through (l); and
(4) Community development
loan or community development investment detail, such as the specific
type of financing and type of entity supported (e.g., LIHTC, NMTC,
Small Business Investment Company, multifamily mortgage, private business,
or mission-driven nonprofit organization, mortgage-backed security,
or other).
(C) Indicators of the impact and responsiveness, including whether
the community development loan or community development investment:
(1) Benefits or serves one or more
persistent poverty counties;
(2) Benefits or serves one or more census tracts with a poverty
rate of 40 percent or higher;
(3) Benefits or serves one or more
geographic areas with low levels of community development financing;
(4) Supports an MDI,
WDI, LICU, or CDFI, excluding certificates of deposit with a term
of less than one year;
(5) Benefits or serves low-income individuals, families, or
households;
(6)
Supports small businesses or small farms with gross annual revenues
of $250,000 or less;
(7) Directly facilitates the acquisition, construction, development,
preservation, or improvement of affordable housing in High Opportunity
Areas;
(8) Benefits
or serves residents of Native land areas;
(9) Is a grant or donation;
(10) Is an investment
in a project financed with LIHTCs or NMTCs;
(11) Reflects bank leadership through
multi-faceted or instrumental support; or
(12) Is a new community development
financing product that addresses community development needs for low-
or moderate-income individuals, families, or households.
(D) Specific location information,
if applicable:
(1) Street address;
(2) City;
(3) County;
(4) State;
(5) Zip code; and
(6) Census tract;
(E) Allocation
of the dollar amount of the community development loan or community
development investment to geographic areas served by the loan or investment:
(1) A list of the
geographic areas served by the community development loan or community
development investment, specifying any county, state, multistate MSA,
or nationwide area served; and
(2) Specific information about the
dollar amount of the community development loan or community development
investment that was allocated to each county served by the loan or
investment, if available.
(F) Other information relevant to determining
that the community development loan or community development investment
meets the standards pursuant to section 228.13.
(6) Community development services data. A
large bank must collect and maintain, in a format of the bank’s
choosing or in a standardized format, as provided by the Board, until
the completion of the bank’s next CRA examination in which the
data are evaluated, the following community development services data:
(i) Community development services information as follows:
(A) Date of service;
(B) Number of board member
or employee service hours;
(C) Name of organization or entity;
(D) The type of community development described
in section 228.13(b) through (l);
(E) Capacity in which a bank’s or its
affiliate’s board member or employee serves (e.g., board member
of a nonprofit organization, technical assistance, financial education,
general volunteer); and
(F) Indicators of the impact and responsiveness, including whether
the community development service:
(1) Benefits or serves one or more persistent poverty counties;
(2) Benefits or serves
one or more census tracts with a poverty rate of 40 percent or higher;
(3) Benefits or serves
one or more geographic areas with low levels of community development
financing;
(4)
Supports an MDI, WDI, LICU, or CDFI, excluding certificates of deposit
with a term of less than one year;
(5) Benefits or serves low-income
individuals, families, or households;
(6) Supports small businesses or small
farms with gross annual revenues of $250,000 or less;
(7) Directly facilitates the acquisition,
construction, development, preservation, or improvement of affordable
housing in High Opportunity Areas;
(8) Benefits or serves residents of
Native land areas;
(9) Reflects bank leadership through multi-faceted or instrumental
support; or
(10) Is a new community development service that addresses community
development needs for low- or moderate-income individuals, families,
or households.
(ii) Location information as follows:
(A) Location list. A list of the geographic areas served by
the activity, specifying any census tracts, counties, states, or nationwide
area served; and
(B) Geographic-level. Whether the bank is seeking consideration in
a facility-based assessment area, state, multistate MSA, or nationwide
area.
(7) Deposits
data. A large bank that had assets greater than $10 billion as
of December 31 in both of the prior two calendar years must collect
and maintain annually, in electronic form, as prescribed by the Board,
until the completion of the bank’s next CRA examination in which
the data are evaluated, the dollar amount of its deposits at the county
level based on deposit location. The bank allocates the deposits for
which a deposit location is not available to the nationwide area.
Annual deposits must be calculated based on average daily balances
as provided in statements such as monthly or quarterly statements.
Any other bank that opts to collect and maintain the data in this
paragraph (a)(7) must do so in the same form and for the same duration
as described in this paragraph (a)(7).
(b) Information required to be reported.
(1) Small business loan and small farm loan data. A large bank must
report annually by April 1 to the Board in electronic form, as prescribed
by the Board, the small business loan and small farm loan data described
in paragraphs (b)(1)(i) through (vii) of this section for the prior
calendar year. For each census tract in which the bank originated
or purchased a small business loan or small farm loan, the bank must
report the aggregate number and dollar amount of small business loans
and small farm loans:
(i) With an amount at origination of
$100,000 or less;
(ii) With an amount at origination of greater than $100,000 but less
than or equal to $250,000;
(iii) With an amount at origination
of greater than $250,000;
(iv) To businesses and farms with gross
annual revenues of $250,000 or less (using the revenues relied on
in making the credit decision);
(v) To businesses and farms with gross
annual revenues greater than $250,000 but less than or equal to $1
million (using the revenues relied on in making the credit decision);
(vi) To businesses and
farms with gross annual revenues greater than $1 million; and
(vii) To businesses and
farms for which gross annual revenues are not known by the bank.
(2) Community development loans and community development
investments data. A large bank and a limited purpose bank that
would be a large bank based on the asset size described in the definition
of a large bank must report annually by April 1 to the Board in electronic
form, as prescribed by the Board, the community development loan and
community development investment data described in paragraph (a)(5)(ii)
of this section for the prior calendar year, except for the data described
in paragraph (a)(5)(ii)(B)(1) of this section and paragraphs
(a)(5)(ii)(D)(1) through (5) of this section.
(3) Deposits data.
(i) A large bank that had assets greater
than $10 billion as of December 31 in both of the prior two calendar
years must report annually by April 1 to the Board in electronic form,
as prescribed by the Board, the deposits data for the prior calendar
year collected and maintained pursuant to paragraph (a)(7) of this
section. This reporting must include, for each county, state, and
multistate MSA, and for the institution overall, the average annual
deposit balances (calculated based on average daily balances as provided
in statements such as monthly or quarterly statements, as applicable),
in aggregate, of deposit accounts with associated addresses located
in such county, state, or multistate MSA, where available, and for
the institution overall. Any other bank that opts to collect and maintain
the data in paragraph (a)(7) of this section must report these data
in the same form and for the same duration as described in this paragraph
(b)(3)(i).
(ii) A
bank that reports deposits data pursuant to paragraph (b)(3)(i) of
this section for which a deposit location is not available must report
these deposits at the nationwide area.
(c) Data on operations subsidiaries. To the extent that its operations subsidiaries engage in retail
banking services, retail banking products, community development lending,
community development investments, or community development services,
a bank must collect, maintain, and report these loans, investments,
services, and products of its operations subsidiaries pursuant to
paragraphs (a) and (b) of this section, as applicable, for purposes
of evaluating the bank’s performance. For home mortgage loans,
the bank must identify the home mortgage loans reported by its operations
subsidiary under 12 CFR part 1003, if applicable, or collect and maintain
data on home mortgage loans by its operations subsidiary that the
bank would have collected and maintained pursuant to paragraph (a)(3)
of this section had the bank originated or purchased the loans.
(d) Data on other affiliates. A bank that elects to have the Board consider retail banking services,
retail banking products, community development lending, community
development investments, or community development services engaged
in by affiliates of a bank (other than an operations subsidiary),
for purposes of this part must collect, maintain, and report the data
that the bank would have collected, maintained, and reported pursuant
to paragraphs (a) and (b) of this section had the loans, investments,
services, or products been engaged in by the bank. For home mortgage
loans, the bank must identify the home mortgage loans reported by
bank affiliates under 12 CFR part 1003, if applicable, or collect
and maintain data on home mortgage loans by the affiliate that the
bank would have collected and maintained pursuant to paragraphs (a)(3)
of this section had the loans been originated or purchased by the
bank.
(e) Data on community
development loans and community development investments by a consortium
or a third party. A bank that elects to have the Board consider
community development loans and community development investments
by a consortium or third party for purposes of this part must collect,
maintain, and report the loans and investments data that the bank
would have collected, maintained, and reported pursuant to paragraphs
(a)(5) and (b)(2) of this section had the bank originated, purchased,
refinanced, or renewed the loans or investments.
(f) Assessment area data.
(1) Facility-based
assessment areas. A large bank and a limited purpose bank that
would be a large bank based on the asset size described in the definition
of a large bank must collect and report to the Board annually by April
1 a list of each facility-based assessment area showing the states,
MSAs, and counties in the facility-based assessment area, as of December
31 of the prior calendar year or the last date the facility-based
assessment area was in effect, provided the facility-based assessment
area was delineated for at least six months of the prior calendar
year.
(2) Retail lending assessment areas. A large
bank must collect and report to the Board annually by April 1 a list
of each retail lending assessment area showing the states, MSAs, and
counties in the retail lending assessment area for the prior calendar
year.
(g) CRA
Disclosure Statement. The Board or its appointed agent, prepares
annually, for each bank that reports data pursuant to this section,
a CRA Disclosure Statement that contains, on a state-by-state basis:
(1) For each county with a population of
500,000 persons or fewer in which the bank reported a small business
loan or a small farm loan:
(i) The number and dollar volume of
small business loans and small farm loans reported as originated or
purchased located in low-, moderate-, middle-, and upper-income census
tracts;
(ii) A list
grouping each census tract according to whether the census tract is
low-, moderate-, middle-, or upper-income;
(iii) A list showing each census tract
in which the bank reported a small business loan or a small farm loan;
(iv) The number and
dollar volume of small business loans and small farm loans to businesses
and farms with gross annual revenues of $250,000 or less; and
(v) The number and dollar
volume of small business loans and small farm loans to businesses
and farms with gross annual revenues greater than $250,000 but less
than or equal to $1 million;
(2) For each county with a population in
excess of 500,000 persons in which the bank reported a small business
loan or a small farm loan:
(i) The number and dollar volume of
small business loans and small farm loans reported as originated or
purchased located in census tracts with median income relative to
the area median income of less than 10 percent, equal to or greater
than 10 percent but less than 20 percent, equal to or greater than
20 percent but less than 30 percent, equal to or greater than 30 percent
but less than 40 percent, equal to or greater than 40 percent but
less than 50 percent, equal to or greater than 50 percent but less
than 60 percent, equal to or greater than 60 percent but less than
70 percent, equal to or greater than 70 percent but less than 80 percent,
equal to or greater than 80 percent but less than 90 percent, equal
to or greater than 90 percent but less than 100 percent, equal to
or greater than 100 percent but less than 110 percent, equal to or
greater than 110 percent but less than 120 percent, and equal to or
greater than 120 percent;
(ii) A list grouping each census tract
in the county, facility-based assessment area, or retail lending assessment
area according to whether the median income in the census tract relative
to the area median income is less than 10 percent, equal to or greater
than 10 percent but less than 20 percent, equal to or greater than
20 percent but less than 30 percent, equal to or greater than 30 percent
but less than 40 percent, equal to or greater than 40 percent but
less than 50 percent, equal to or greater than 50 percent but less
than 60 percent, equal to or greater than 60 percent but less than
70 percent, equal to or greater than 70 percent but less than 80 percent,
equal to or greater than 80 percent but less than 90 percent, equal
to or greater than 90 percent but less than 100 percent, equal to
or greater than 100 percent but less than 110 percent, equal to or
greater than 110 percent but less than 120 percent, and equal to or
greater than 120 percent; and
(iii) A list showing each census tract
in which the bank reported a small business loan or a small farm loan;
(3) The
number and dollar volume of small business loans and small farm loans
located inside each facility-based assessment area and retail lending
assessment area reported by the bank and the number and dollar volume
of small business loans and small farm loans located outside of the
facility-based assessment areas and retail lending assessment areas
reported by the bank; and
(4) The number and dollar volume of community development loans and
community development investments reported as originated or purchased
inside each facility-based assessment area, each state in which the
bank has a branch, each multistate MSA in which a bank has a branch
in two or more states of the multistate MSA, and nationwide area outside
of these states and multistate MSAs.
(h) Aggregate disclosure statements. The Board or its appointed agent, prepares annually, for each MSA
or metropolitan division (including an MSA or metropolitan division
that crosses a state boundary) and the nonmetropolitan portion of
each state, an aggregate disclosure statement of reported small business
lending, small farm lending, community development lending, and community
development investments by all depository institutions subject to
reporting under this part or 12 CFR part 25 or 345. These disclosure
statements indicate the number and dollar amount of all small business
loans and small farm loans originated or purchased for each census
tract and the number and dollar amount of all community development
loans and community development investments for each county by reporting
banks, except that the Board may adjust the form of the disclosure
if necessary, because of special circumstances, to protect the privacy
of a borrower or the competitive position of a bank.
(i)
Availability of disclosure statements. The Board makes the individual bank CRA Disclosure Statements, described
in paragraph (g) of this section, and the aggregate disclosure statements,
described in paragraph (h) of this section, available on the FFIEC’s
website at:
https://www.ffiec.gov.
(j) HMDA data disclosure.
(1) In general. For a large bank required to report home mortgage
loan data pursuant to 12 CFR part 1003, the Board will publish on
the Board’s website the data required by paragraph (j)(2) of
this section concerning the distribution of a large bank’s originations
and applications of home mortgage loans by borrower or applicant income
level, race, and ethnicity in each of the bank’s facility-based
assessment areas, and as applicable, its retail lending assessment
areas. This information is published annually based on data reported
pursuant to 12 CFR part 1003.
(2) Data to be
published on the Board’s website. For each of the large
bank’s facility-based assessment areas, and as applicable, its
retail lending assessment areas, the Board publishes on the Board’s
website:
(i) The number and percentage of originations
and applications of the large bank’s home mortgage loans by
borrower or applicant income level, race, and ethnicity;
(ii) The number and percentage
of originations and applications of aggregate mortgage lending of
all lenders reporting HMDA data in the facility-based assessment area
and as applicable, the retail lending assessment area; and
(iii) Demographic data of
the geographic area.
(3) Announcement
of data publication. Upon publishing the data required pursuant
to paragraphs (j)(1) and (2) of this section, the Board will publicly
announce that the information is available on the Board’s public
website.
(4) Effect on CRA conclusions and ratings. The
race and ethnicity information published pursuant to paragraphs (j)(1)
and (2) of this section does not impact the conclusions or ratings
of the large bank.
