APPENDIX B to Part 1003—Form and Instructions
for Data Collection on Ethnicity, Race, and Sex
You may list questions regarding
the ethnicity, race, and sex of the applicant on your loan application
form, or on a separate form that refers to the application. (See the sample data collection form below for model language.)
1. You must ask the applicant for this information (but
you cannot require the applicant to provide it) whether the application
is taken in person, by mail or telephone, or on the internet. For
applications taken by telephone, you must state the information in
the collection form orally, except for that information which pertains
uniquely to applications taken in writing, for example, the italicized
language in the sample data collection form.
2.
Inform the applicant that Federal law requires this information to
be collected in order to protect consumers and to monitor compliance
with Federal statutes that prohibit discrimination against applicants
on these bases. Inform the applicant that if the information is not
provided where the application is taken in person, you are required
to note the information on the basis of visual observation or surname.
3. If you accept an application through electronic
media with a video component, you must treat the application as taken
in person. If you accept an application through electronic media without
a video component (for example, facsimile), you must treat the application
as accepted by mail.
4. For purposes of section
1003.4(a)(10)(i), if a covered loan or application includes a guarantor,
you do not report the guarantor’s ethnicity, race, and sex.
5. If there are no co-applicants, you must report that
there is no co-applicant. If there is more than one co-applicant,
you must provide the ethnicity, race, and sex only for the first co-applicant
listed on the collection form. A co-applicant may provide an absent
co-applicant’s ethnicity, race, and sex on behalf of the absent co-applicant.
If the information is not provided for an absent co-applicant, you
must report “information not provided by applicant in mail, internet,
or telephone application” for the absent co-applicant.
6. When you purchase a covered loan and you choose not
to report the applicant’s or co-applicant’s ethnicity, race, and sex,
you must report that the requirement is not applicable.
7. You must report that the requirement to report the
applicant’s or co-applicant’s ethnicity, race, and sex is not applicable
when the applicant or co-applicant is not a natural person (for example,
a corporation, partnership, or trust). For example, for a transaction
involving a trust, you must report that the requirement to report
the applicant’s ethnicity, race, and sex is not applicable if the
trust is the applicant. On the other hand, if the applicant is a natural
person, and is the beneficiary of a trust, you must report the applicant’s
ethnicity, race, and sex.
8. You must report the
ethnicity, race, and sex of an applicant as provided by the applicant.
For example, if an applicant selects the “Asian” box the institution
reports “Asian” for the race of the applicant. Only an applicant may
self-identify as being of a particular Hispanic or Latino subcategory
(Mexican, Puerto Rican, Cuban, Other Hispanic or Latino) or of a particular
Asian subcategory (Asian Indian, Chinese, Filipino, Japanese, Korean,
Vietnamese, Other Asian) or of a particular Native Hawaiian or Other
Pacific Islander subcategory (Native Hawaiian, Guamanian or Chamorro,
Samoan, Other Pacific Islander) or of a particular American Indian
or Alaska Native enrolled or principal tribe. An applicant may select
an ethnicity or race subcategory even if the applicant does not select
an aggregate ethnicity or aggregate race category. For example, if
an applicant selects only the “Mexican” box, the institution reports
“Mexican” for the ethnicity of the applicant but does not also report
“Hispanic or Latino.”
9. You must offer the applicant
the option of selecting more than one ethnicity or race. If an applicant
selects more than one ethnicity or race, you must report each selected
designation, subject to the limits described below.
i. Ethnicity—aggregate
categories and subcategories. There are two aggregate ethnicity
categories: Hispanic or Latino; and Not Hispanic or Latino. The Hispanic
or Latino category has four subcategories: Mexican; Puerto Rican;
Cuban; and Other Hispanic or Latino. You must report every aggregate
ethnicity category selected by the applicant. If the applicant also
selects one or more ethnicity subcategories, you must report each
ethnicity subcategory selected by the applicant, except that you must
not report more than a total of five aggregate ethnicity categories
and ethnicity subcategories combined. For example, if the applicant
selects both aggregate ethnicity categories and also selects all four
ethnicity subcategories, you must report Hispanic or Latino, Not Hispanic
or Latino, and any three, at your option, of the four ethnicity subcategories
selected by the applicant. To determine how to report the Other Hispanic
or Latino ethnicity subcategory for purposes of the five-ethnicity
maximum, see paragraph 9.ii below.
ii. Ethnicity—other
subcategories. An applicant may select the Other Hispanic or
Latino ethnicity subcategory, an applicant may provide a particular
Hispanic or Latino ethnicity not listed in the standard subcategories,
or an applicant may do both. If the applicant provides only a particular
Hispanic or Latino ethnicity in the space provided, you are permitted,
but are not required, to report Other Hispanic or Latino in addition
to reporting the particular Hispanic or Latino ethnicity provided
by the applicant. For example, if an applicant provides only “Dominican,”
you should report “Dominican.” You are permitted, but not required,
to report Other Hispanic or Latino as well. If an applicant selects
the Other Hispanic or Latino ethnicity subcategory and also provides
a particular Hispanic or Latino ethnicity not listed in the standard
subcategories, you must report both the selection of Other Hispanic
or Latino and the additional information provided by the applicant,
subject to the five-ethnicity maximum. For purposes of the maximum
of five reportable ethnicity categories and ethnicity subcategories
combined, as set forth in paragraph 9.i, the Other Hispanic or Latino
subcategory and additional information provided by the applicant together
constitute only one selection. For example, if the applicant selects
Other Hispanic or Latino and enters “Dominican” in the space provided,
Other Hispanic or Latino and “Dominican” are considered one selection.
Similarly, if the applicant only enters “Dominican” in the space provided
and you report both “Dominican” and Other Hispanic or Latino as
permitted by this paragraph 9.ii, the reported items together are
considered one selection.
iii. Race—aggregate categories and subcategories. There are five aggregate race categories: American Indian or Alaska
Native; Asian; Black or African American; Native Hawaiian or Other
Pacific Islander; and White. The Asian and the Native Hawaiian or
Other Pacific Islander aggregate categories have seven and four subcategories,
respectively. The Asian race subcategories are: Asian Indian; Chinese;
Filipino; Japanese; Korean; Vietnamese; and Other Asian. The Native
Hawaiian or Other Pacific Islander race subcategories are: Native
Hawaiian; Guamanian or Chamorro; Samoan; and Other Pacific Islander.
You must report every aggregate race category selected by the applicant.
If the applicant also selects one or more race subcategories, you
must report each race subcategory selected by the applicant, except
that you must not report more than a total of five aggregate race
categories and race subcategories combined. For example, if the applicant
selects all five aggregate race categories and also selects some race
subcategories, you report only the five aggregate race categories.
On the other hand, if the applicant selects the White, Asian, and
Native Hawaiian or Other Pacific Islander aggregate race categories,
and the applicant also selects the Korean, Vietnamese, and Samoan
race subcategories, you must report White, Asian, Native Hawaiian
or Other Pacific Islander, and any two, at your option, of the three
race subcategories selected by the applicant. In this example, you
must report White, Asian, and Native Hawaiian or Other Pacific Islander,
and in addition you must report (at your option) either Korean and
Vietnamese, Korean and Samoan, or Vietnamese and Samoan. To determine
how to report an Other race subcategory and the American Indian or
Alaska Native category for purposes of the five-race maximum, see paragraphs 9.iv and 9.v below.
iv. Race—other
subcategories. An applicant may select the Other Asian race subcategory
or the Other Pacific Islander race subcategory, an applicant may provide
a particular Asian race or Pacific Islander race not listed in the
standard subcategories, or an applicant may do both. If the applicant
provides only a particular Asian race or Pacific Islander race in
the space provided, you are permitted, but are not required, to report
Other Asian or Other Pacific Islander, as applicable, in addition
to reporting the particular Asian race or Pacific Islander race provided
by the applicant. For example, if an applicant provides only “Hmong,”
you should report “Hmong.” You are permitted, but not required, to
report Other Asian as well. If an applicant selects the Other Asian
race or the Other Pacific Islander race subcategory and provides a
particular Asian race or Pacific Islander race not listed in the standard
subcategories, you must report both the selection of Other Asian or
Other Pacific Islander, as applicable, and the additional information
provided by the applicant, subject to the five-race maximum. For purposes
of the maximum of five reportable race categories and race subcategories
combined, as set forth in paragraph 9.iii, the Other race subcategory
and additional information provided by the applicant together constitute
only one selection. Thus, using the same facts in the example offered
in paragraph 9.iii above, if the applicant also selects Other Asian
and enters “Thai” in the space provided, Other Asian and Thai are
considered one selection. Similarly, if the applicant enters only
“Thai” in the space provided and you report both “Thai” and Other
Asian as permitted by this paragraph 9.iv, the reported items together
are considered one selection. In the same example, you must report
any two (at your option) of the four race subcategories selected by
the applicant, Korean, Vietnamese, Other Asian-Thai, and Samoan, in
addition to the three aggregate race categories selected by the applicant.
v. Race—American Indian or Alaska Native category. An applicant may select the American Indian or Alaska Native race
category, an applicant may provide a particular American Indian or Alaska
Native enrolled or principal tribe, or an applicant may do both. If
the applicant provides only a particular American Indian or Alaska
Native enrolled or principal tribe in the space provided, you are
permitted, but are not required, to report American Indian or Alaska
Native in addition to reporting the particular American Indian or
Alaska Native enrolled or principal tribe provided by the applicant.
For example, if an applicant provides only “Navajo,” you should report
“Navajo.” You are permitted, but not required, to report American
Indian or Alaska Native as well. If an applicant selects the American
Indian or Alaska Native race category and also provides a particular
American Indian or Alaska Native enrolled or principal tribe, you
must report both the selection of American Indian or Alaska Native
and the additional information provided by the applicant. For purposes
of the maximum of five reportable race categories and race subcategories
combined, as set forth in paragraph 9.iii, the American Indian or
Alaska Native category and additional information provided by the
applicant together constitute only one selection.
10. If the applicant chooses not to provide the information
for an application taken in person, note this fact on the collection
form and then collect the applicant’s ethnicity, race, and sex on
the basis of visual observation or surname. You must report whether
the applicant’s ethnicity, race, and sex was collected on the basis
of visual observation or surname. When you collect an applicant’s
ethnicity, race, and sex on the basis of visual observation or surname,
you must select from the following aggregate categories: Ethnicity
(Hispanic or Latino; not Hispanic or Latino); race (American Indian
or Alaska Native; Asian; Black or African American; Native Hawaiian
or Other Pacific Islander; White); sex (male; female).
11. If the applicant declines to answer these questions
by checking the “I do not wish to provide this information” box on
an application that is taken by mail or on the internet, or declines
to provide this information by stating orally that he or she does
not wish to provide this information on an application that is taken
by telephone, you must report “information not provided by applicant
in mail, internet, or telephone application.”
12. If the applicant begins an application by mail, internet, or
telephone, and does not provide the requested information on the application
but does not check or select the “I do not wish to provide this information”
box on the application, and the applicant meets in person with you
to complete the application, you must request the applicant’s ethnicity,
race, and sex. If the applicant does not provide the requested information
during the in-person meeting, you must collect the information on
the basis of visual observation or surname. If the meeting occurs
after the application process is complete, for example, at closing
or account opening, you are not required to obtain the applicant’s
ethnicity, race, and sex.
13. When an applicant
provides the requested information for some but not all fields, you
report the information that was provided by the applicant, whether
partial or complete. If an applicant provides partial or complete
information on ethnicity, race, and sex and also checks the “I do
not wish to provide this information” box on an application that is
taken by mail or on the internet, or makes that selection when applying
by telephone, you must report the information on ethnicity, race,
and sex that was provided by the applicant.
