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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules
ii The loan amount at origination or purchase;
iii The loan location; and iv The gross annual income of the borrower that the savings association considered in making its credit decision.
2 Other loan data. At its option, a savings association may provide other information concerning its lending performance, including additional loan distribution data.
d Data on affiliate lending. A
savings association that elects to have the appropriate Federal banking agency consider loans by an affiliate, for purposes of the lending or community development test or an approved strategic plan, shall collect, maintain, and report for those loans the data that the savings association would have collected, maintained, and reported pursuant to paragraphs a, b, and c of this section had the loans been originated or purchased by the savings association. For home mortgage loans, the savings association shall also be prepared to identify the home mortgage loans reported under part 1003 of this title by the affiliate.
e Data on lending by a consortium or a third-party. A savings association that elects to have the appropriate Federal banking agency consider community development loans by a consortium or third party, for purposes of the lending or community development tests or an approved strategic plan, shall report for those loans the data that the savings association would have reported under paragraph b2 of this section had the loans been originated or purchased by the savings association.
f Small savings associations electing evaluation under the lending, investment, and service tests. A savings association that qualifies for evaluation under the small savings association performance standards but elects evaluation under the lending, investment, and service tests shall collect, maintain, and report the data required for other savings associations pursuant to paragraphs a and b of this section.
g Assessment area data. A savings association, except a small savings association or a savings association that was a small savings association during the prior calendar year, shall collect and report to the appropriate Federal banking agency by March 1 of each year a list for each assessment area showing the geographies within the area.
h CRA Disclosure Statement. The appropriate Federal banking agency prepares annually for each savings association that reports data pursuant to
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this section a CRA Disclosure Statement that contains, on a state-by-state basis:
1 For each county and for each assessment area smaller than a county with a population of 500,000 persons or fewer in which the savings association reported a small business or small farm loan:
i The number and amount of small business and small farm loans reported as originated or purchased located in low-, moderate-, middle-, and upperincome geographies;
ii A list grouping each geography according to whether the geography is low-, moderate-, middle-, or upperincome;
iii A list showing each geography in which the savings association reported a small business or small farm loan; and iv The number and amount of small business and small farm loans to businesses and farms with gross annual revenues of $1 million or less;
2 For each county and for each assessment area smaller than a county with a population in excess of 500,000
persons in which the savings association reported a small business or small farm loan:
i The number and amount of small business and small farm loans reported as originated or purchased located in geographies with median income relative to the area median income of less than 10 percent, 10 or more but less than 20 percent, 20 or more but less than 30 percent, 30 or more but less than 40 percent, 40 or more but less than 50 percent, 50 or more but less than 60 percent, 60 or more but less than 70 percent, 70 or more but less than 80 percent, 80 or more but less than 90 percent, 90 or more but less than 100 percent, 100 or more but less than 110 percent, 110 or more but less than 120 percent, and 120 percent or more;
ii A list grouping each geography in the county or assessment area according to whether the median income in the geography relative to the area median income is less than 10 percent, 10 or more but less than 20 percent, 20 or more but less than 30 percent, 30 or more but less than 40 percent, 40 or more but less than 50 percent, 50 or more but less than 60 percent, 60 or more but less than 70 percent, 70 or more but less than 80 percent, 80 or more but less than 90 percent, 90 or more but less than 100 percent, 100 or more but less than 110 percent, 110 or more but less than 120 percent, and 120
percent or more;
iii A list showing each geography in which the savings association reported a small business or small farm loan; and
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iv The number and amount of small business and small farm loans to businesses and farms with gross annual revenues of $1 million or less;
3 The number and amount of small business and small farm loans located inside each assessment area reported by the savings association and the number and amount of small business and small farm loans located outside the assessment areas reported by the savings association; and 4 The number and amount of community development loans reported as originated or purchased.
i Aggregate disclosure statements.
The appropriate Federal banking agency, in conjunction with the Board of Governors of the Federal Reserve System and the Federal Deposit Insurance Corporation or the OCC, as appropriate, 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 small business and small farm lending by all institutions subject to reporting under this part or parts 25, 228, or 345 of this title. These disclosure statements indicate, for each geography, the number and amount of all small business and small farm loans originated or purchased by reporting institutions, except that the appropriate Federal banking agency 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 an institution.
j Central data depositories. The appropriate Federal banking agency makes the aggregate disclosure statements, described in paragraph i of this section, and the individual savings association CRA Disclosure Statements, described in paragraph h of this section, available to the public at central data depositories. The appropriate Federal banking agency publishes a list of the depositories at which the statements are available.
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Content and availability of public
a Information available to the public. A savings association shall maintain a public file that includes the following information:
1 All written comments received from the public for the current year and each of the prior two calendar years that specifically relate to the savings associations performance in helping to meet community credit needs, and any response to the comments by the savings association, if neither the comments nor the responses contain
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