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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules
comparable education loans offered directly by the U.S. Department of Education. Such rates and fees are specified in section 455 of the Higher Education Act of 1965 20 U.S.C.
1087e.
f Activities in cooperation with minorityor women-owned financial institutions and low-income credit unions. In assessing and taking into account the record of a nonminorityowned and nonwomen-owned bank under this part, the OCC considers as a factor capital investment, loan participation, and other ventures undertaken by the bank in cooperation with minorityand women-owned financial institutions and low-income credit unions. Such activities must help meet the credit needs of local communities in which the minorityand women-owned financial institutions and low-income credit unions are chartered. To be considered, such activities need not also benefit the banks assessment areas or the broader statewide or regional area that includes the banks assessment areas.
25.22

Lending test.

a Scope of test. 1 The lending test evaluates a banks record of helping to meet the credit needs of its assessment areas through its lending activities by considering a banks home mortgage, small business, small farm, and community development lending. If consumer lending constitutes a substantial majority of a banks business, the OCC will evaluate the banks consumer lending in one or more of the following categories: Motor vehicle, credit card, other secured, and other unsecured loans. In addition, at a banks option, the OCC will evaluate one or more categories of consumer lending, if the bank has collected and maintained, as required in 25.42c1, the data for each category that the bank elects to have the OCC evaluate.
2 The OCC considers originations and purchases of loans. The OCC will also consider any other loan data the bank may choose to provide, including data on loans outstanding, commitments and letters of credit.
3 A bank may ask the OCC to consider loans originated or purchased by consortia in which the bank participates or by third parties in which the bank has invested only if the loans meet the definition of community development loans and only in accordance with paragraph d of this section. The OCC will not consider these loans under any criterion of the lending test except the community development lending criterion.

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b Performance criteria. The OCC
evaluates a banks lending performance pursuant to the following criteria:
1 Lending activity. The number and amount of the banks home mortgage, small business, small farm, and consumer loans, if applicable, in the banks assessment areas;
2 Geographic distribution. The geographic distribution of the banks home mortgage, small business, small farm, and consumer loans, if applicable, based on the loan location, including:
i The proportion of the banks lending in the banks assessment areas;
ii The dispersion of lending in the banks assessment areas; and iii The number and amount of loans in low-, moderate-, middle-, and upperincome geographies in the banks assessment areas;
3 Borrower characteristics. The distribution, particularly in the banks assessment areas, of the banks home mortgage, small business, small farm, and consumer loans, if applicable, based on borrower characteristics, including the number and amount of:
i Home mortgage loans to low-, moderate-, middle-, and upper-income individuals;
ii Small business and small farm loans to businesses and farms with gross annual revenues of $1 million or less;
iii Small business and small farm loans by loan amount at origination; and iv Consumer loans, if applicable, to low-, moderate-, middle-, and upperincome individuals;
4 Community development lending.
The banks community development lending, including the number and amount of community development loans, and their complexity and innovativeness; and 5 Innovative or flexible lending practices. The banks use of innovative or flexible lending practices in a safe and sound manner to address the credit needs of lowor moderate-income individuals or geographies.
c Affiliate lending. 1 At a banks option, the OCC will consider loans by an affiliate of the bank, if the bank provides data on the affiliates loans pursuant to 25.42.
2 The OCC considers affiliate lending subject to the following constraints:
i No affiliate may claim a loan origination or loan purchase if another institution claims the same loan origination or purchase; and ii If a bank elects to have the OCC
consider loans within a particular lending category made by one or more of the banks affiliates in a particular assessment area, the bank shall elect to have the OCC consider, in accordance
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with paragraph c1 of this section, all the loans within that lending category in that particular assessment area made by all of the banks affiliates.
3 The OCC does not consider affiliate lending in assessing a banks performance under paragraph b2i of this section.
d Lending by a consortium or a third party. Community development loans originated or purchased by a consortium in which the bank participates or by a third party in which the bank has invested:
1 Will be considered, at the banks option, if the bank reports the data pertaining to these loans under 25.42b2; and 2 May be allocated among participants or investors, as they choose, for purposes of the lending test, except that no participant or investor:
i May claim a loan origination or loan purchase if another participant or investor claims the same loan origination or purchase; or ii May claim loans accounting for more than its percentage share based on the level of its participation or investment of the total loans originated by the consortium or third party.
e Lending performance rating. The OCC rates a banks lending performance as provided in appendix A of this part.
25.23

Investment test.

a Scope of test. The investment test evaluates a banks record of helping to meet the credit needs of its assessment areas through qualified investments that benefit its assessment areas or a broader statewide or regional area that includes the banks assessment areas.
b Exclusion. Activities considered under the lending or service tests may not be considered under the investment test.
c Affiliate investment. At a banks option, the OCC will consider, in its assessment of a banks investment performance, a qualified investment made by an affiliate of the bank, if the qualified investment is not claimed by any other institution.
d Disposition of branch premises.
Donating, selling on favorable terms, or making available on a rent-free basis a branch of the bank that is located in a predominantly minority neighborhood to a minority depository institution or womens depository institution as these terms are defined in 12 U.S.C. 2907b will be considered as a qualified investment.
e Performance criteria. The OCC
evaluates the investment performance of a bank pursuant to the following criteria:
1 The dollar amount of qualified investments;

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