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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules 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 savings associations assessment areas or the broader statewide or regional area that includes the savings associations assessment areas.
195.22

Lending test.

a Scope of test. 1 The lending test evaluates a savings associations record of helping to meet the credit needs of its assessment areas through its lending activities by considering a savings associations home mortgage, small business, small farm, and community development lending. If consumer lending constitutes a substantial majority of a savings associations business, the appropriate Federal banking agency will evaluate the savings associations consumer lending in one or more of the following categories: Motor vehicle, credit card, other secured, and other unsecured loans. In addition, at a savings associations option, the appropriate Federal banking agency will evaluate one or more categories of consumer lending, if the savings association has collected and maintained, as required in 195.42c1, the data for each category that the savings association elects to have the appropriate Federal banking agency evaluate.
2 The appropriate Federal banking agency considers originations and purchases of loans. The appropriate Federal banking agency will also consider any other loan data the savings association may choose to provide, including data on loans outstanding, commitments and letters of credit.
3 A savings association may ask the appropriate Federal banking agency to consider loans originated or purchased by consortia in which the savings association participates or by third parties in which the savings association has invested only if the loans meet the definition of community development loans and only in accordance with paragraph d of this section. The appropriate Federal banking agency will not consider these loans under any criterion of the lending test except the community development lending criterion.
b Performance criteria. The appropriate Federal banking agency evaluates a savings associations lending performance pursuant to the following criteria:
1 Lending activity. The number and amount of the savings associations
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home mortgage, small business, small farm, and consumer loans, if applicable, in the savings associations assessment areas;
2 Geographic distribution. The geographic distribution of the savings associations home mortgage, small business, small farm, and consumer loans, if applicable, based on the loan location, including:
i The proportion of the savings associations lending in the savings associations assessment areas;
ii The dispersion of lending in the savings associations assessment areas;
and iii The number and amount of loans in low-, moderate-, middle-, and upperincome geographies in the savings associations assessment areas;
3 Borrower characteristics. The distribution, particularly in the savings associations assessment areas, of the savings associations 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 savings associations 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 savings associations 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 savings associations option, the appropriate Federal banking agency will consider loans by an affiliate of the savings association, if the savings association provides data on the affiliates loans pursuant to 195.42.
2 The appropriate Federal banking agency 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 savings association elects to have the appropriate Federal banking agency consider loans within a
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particular lending category made by one or more of the savings associations affiliates in a particular assessment area, the savings association shall elect to have the appropriate Federal banking agency consider, in accordance with paragraph c1 of this section, all the loans within that lending category in that particular assessment area made by all of the savings associations affiliates.
3 The appropriate Federal banking agency does not consider affiliate lending in assessing a savings associations 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 savings association participates or by a third party in which the savings association has invested:
1 Will be considered, at the savings associations option, if the savings association reports the data pertaining to these loans under 195.42b2; 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 appropriate Federal banking agency rates a savings associations lending performance as provided in appendix A
of this part.
195.23

Investment test.

a Scope of test. The investment test evaluates a savings associations 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 savings associations 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 savings associations option, the appropriate Federal banking agency will consider, in its assessment of a savings associations investment performance, a qualified investment made by an affiliate of the savings association, 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
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