94-12270. Fair Housing Home Loan Data System  

  • [Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-12270]
    
    
    [[Page Unknown]]
    
    [Federal Register: May 20, 1994]
    
    
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    DEPARTMENT OF THE TREASURY
    
    Office of the Comptroller of the Currency
    
    12 CFR Part 27
    
    [Docket No. 94-09]
    RIN 1557-AB33
    
     
    
    Fair Housing Home Loan Data System
    
    AGENCY: Office of the Comptroller of the Currency, Treasury.
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Office of the Comptroller of the Currency (OCC) is issuing 
    a final rule amending its Fair Housing Home Loan Data System (FHHLDS). 
    This final rule enhances the OCC's ability to use data collected under 
    the Home Mortgage Disclosure Act (HMDA) in fair lending examinations 
    and reduces recordkeeping requirements on national banks that are 
    currently required to maintain duplicative information under both the 
    FHHLDS and the HMDA. In order to relieve duplicative recordkeeping for 
    those national banks, this final rule replaces the current FHHLDS 
    monthly recordkeeping requirement with the HMDA Loan/Application 
    Registers already maintained by national banks, which will be required 
    to be updated on a quarterly basis. In order to improve the OCC's 
    ability to use HMDA data in fair lending examinations, this final rule 
    requires that all national banks subject to the HMDA, including those 
    banks not subject to the FHHLDS, maintain information on the HMDA Loan/
    Application Registers on a quarterly basis. National banks that are not 
    subject to the HMDA requirements will continue to be subject to the 
    original FHHLDS recordkeeping requirement, which will be updated 
    quarterly under this final rule. The intended effect of this final rule 
    is to improve the OCC's supervision of national banks while also 
    reducing a duplicative recordkeeping burden on affected national banks.
    
    EFFECTIVE DATE: June 20, 1994.
    
    FOR FURTHER INFORMATION CONTACT: Larry Riedman, Fair Lending 
    Specialist, Compliance Management Division, (202) 874-4446; or F. John 
    Podvin, Jr., Attorney, Bank Operations and Assets Division, (202) 874-
    4460, Office of the Comptroller of the Currency, Washington, DC 20219.
    
    SUPPLEMENTARY INFORMATION: The OCC is amending 12 CFR part 27, 
    pursuant to 12 U.S.C. 93a, to improve its ability to use HMDA data 
    in fair lending examinations of national banks and reduce burden on 
    national banks. The final rule requires that HMDA Loan/Application 
    Registers be updated quarterly, requires the reason(s) for loan 
    denial be indicated on the HMDA Loan/Application Registers and 
    relieves the requirement to maintain duplicative records for those 
    national banks that currently maintain records under both the 
    FHHLDS and the HMDA, 12 U.S.C. 2801 et seq.
    
    Background
    
        On November 2, 1979, the OCC published a final rule (1979 final 
    rule) in the Federal Register (44 FR 63084), which implemented 12 CFR 
    part 27. The 1979 final rule provided a basis for a more effective fair 
    housing monitoring program for home loans. The 1979 final rule 
    established new recordkeeping requirements and a data collection system 
    for monitoring national bank compliance with the Fair Housing Act 
    (Title VIII of the Civil Rights Act of 1968), 42 U.S.C. 3601 et seq. 
    and the Equal Credit Opportunity Act, 15 U.S.C. 1691 et seq.
        In August 1989, the Financial Institutions Reform, Recovery and 
    Enforcement Act of 1989 (FIRREA), section 1211, Public Law 101-73, 103 
    Stat. 183 (12 U.S.C. 2803) amended the HMDA. On December 15, 1989, the 
    Federal Reserve Board published a final rule (FRB final rule) in the 
    Federal Register (54 FR 51356). The FRB final rule implemented a 
    revised version of 12 CFR part 203 (Regulation C), which is the 
    implementing regulation for the HMDA. Under the FRB final rule, certain 
    national banks and their majority-owned mortgage banking subsidiaries 
    must maintain individual loan application registers and forward them 
    annually to the appropriate OCC office.
        In response to FIRREA and the FRB final rule, the Office of Thrift 
    Supervision (OTS) and the Federal Deposit Insurance Corporation (FDIC) 
    amended their regulations concerning home loan activity to make them 
    similar to Regulation C.
    
    OCC Proposed Rule
    
        On May 10, 1993, the OCC issued a notice of proposed rulemaking, 
    pursuant to 12 U.S.C. 93a, to amend the FHHLDS. See 58 FR 27484. In its 
    proposed rule, the OCC recognized that national banks subject to the 
    recordkeeping requirements of both the FHHLDS and the HMDA were 
    required to maintain duplicative information on home loan activity. The 
    OCC proposal sought to relieve the duplicative recordkeeping burden on 
    these banks without affecting banks that are not subject to the HMDA, 
    but currently are subject to the monthly recordkeeping requirement in 
    the FHHLDS.
        In its proposed rule, the OCC sought to amend the FHHLDS to relieve 
    the duplicative recordkeeping requirement for banks subject to both 
    FHHLDS and HMDA by replacing the recordkeeping requirement on monthly 
    home loan activity, currently located at Sec. 27.3(a), with the 
    existing requirement in the HMDA and Regulation C. Regulation C 
    generally requires that national banks (and their majority-owned 
    mortgage banking subsidiaries) with an office or branch located in a 
    metropolitan statistical area (MSA) or primary MSA, as defined by the 
    Office of Management and Budget (OMB), and with total assets greater 
    than $10 million as of December 31 of the preceding calendar year, 
    maintain information on home loan activity.
        Under the proposal, national banks subject to the HMDA would 
    maintain the information in a format similar to that prescribed under 
    Regulation C (Loan/Application Register or LAR), except that (1) if a 
    loan is denied, the reason(s) for denial are required to be entered on 
    the Loan/Application Register; and (2) all the required information is 
    entered on the Loan/Application Register within 30 calendar days after 
    final disposition of the loan application.
        The OCC proposal retained the existing monthly recordkeeping 
    requirements in the FHHLDS for national banks that are not subject to 
    the HMDA and Regulation C. The OCC proposal also retained the remaining 
    provisions of the FHHLDS, which authorize the Comptroller to use his or 
    her discretion in requiring national banks to maintain a Fair Housing 
    Inquiry/Application Log or to complete Home Loan Data Submission Forms 
    if the Comptroller has reason to believe that a national bank is 
    engaging in discriminatory practices. Also, several clarifying 
    amendments to Sec. 27.7 were proposed. These changes made Sec. 27.7 
    conform with the proposed amendments to the recordkeeping requirements 
    in Sec. 27.3(a). The proposal also stated that the OCC is studying the 
    FHHLDS to determine what data are most effective in identifying 
    discrimination in home lending, to identify the most effective and 
    least burdensome method for collecting home loan data, and to develop 
    an improved statistical model that will enhance its ability to analyze 
    home loan data.
        The OCC invited public comment on any aspect of the proposed rule 
    for a 60 day period ending on July 9, 1993. The OCC specifically sought 
    comment on the issue of whether the recordkeeping burden imposed by the 
    proposal was minimal. The OCC received 44 comment letters from banks, 
    bank holding companies, trade groups and the OMB. Forty-one commenters 
    expressed general support for the proposed rule; however, several of 
    these same commenters objected to specific provisions of the proposal. 
    Two commenters made recommendations without expressing support for or 
    opposition to the proposed rule. The OMB did not express support for or 
    opposition to the proposed rule.
        Pursuant to 12 U.S.C. 93a, this final rule revises the proposed 
    rule based on the 44 comment letters and makes other changes to clarify 
    the requirements in the proposed rule.
    
    Review of Comments
    
        The following is a discussion of the issues raised by the 
    commenters, the OCC's responses to those issues, and a summary of 
    changes made to the proposed rule.
    
    A. Update Requirement
    
        The proposed rule stated that a national bank subject to the HMDA 
    was required to record all information on the HMDA-LAR within 30 
    calendar days after the final disposition of the loan application 
    (i.e., the application is denied, withdrawn, or the loan closes).
        Commenters in favor of the 30-day update requirement included both 
    small and large national banks. Generally, these banks indicated that 
    they were already updating their LARs within the 30-day time period. 
    One comment letter from a bank trade association agreed and stated that 
    the 30-day update requirement would not impose a significant additional 
    burden on banks.
        Commenters opposed to the 30-day update requirement also included 
    small and large national banks. These commenters suggested that the OCC 
    extend the 30-day period to various lengths of time, including: 45 
    days, 60 days, and quarterly. These commenters stated that they would 
    have to change their current recordkeeping procedures in order to 
    comply with the 30-day update requirement, resulting in an increase in 
    recordkeeping burden. Some of the specific problems or concerns cited 
    by these commenters include the following:
         Banks with many branches generally submit home loan data 
    monthly to a central location for entry onto the bank's central LAR. In 
    order to meet the 30-day requirement, branches would have to submit the 
    information bi-weekly.
         Some banks do not input the geo-coding information (i.e., 
    state, county, MSA and census tract codes) because it is time consuming 
    and can be managed better by automated systems operated by third-party 
    specialists. Because this process is expensive, it is done on a 
    quarterly basis. These banks also stated that it would be very 
    expensive to bring this process in-house.
         Banks will have a problem assuring data accuracy on a 30 
    day, loan-by-loan basis. A longer updating time frame will allow more 
    time for editing and correcting the data.
         A group of commenters recommended that the OCC consider 
    the impact the 30-day update requirement may have on small national 
    banks that do not have automated reporting systems.
        In response to these comments and in the interest of minimizing 
    recordkeeping burden on national banks, the OCC replaced the 30-day 
    update requirement with a quarterly update requirement in the final 
    rule. The final rule states that a national bank subject to the HMDA is 
    required to record all information on the HMDA-LAR within 30 calendar 
    days after the end of each calendar quarter.
        The OCC also changed the update requirement for non-HMDA banks that 
    are required to maintain the FHHLDS's monthly home loan activity 
    report. Under the proposed rule, non-HMDA banks that receive 50 or more 
    home loan applications a year were required to maintain home loan data 
    in a report that was updated monthly, within 10 working days after the 
    close of the month, in a format consistent with the bank's 
    recordkeeping procedures. Under this final rule, that report is updated 
    quarterly, within 30 calendar days after the end of each calendar 
    quarter, in a format consistent with the bank's recordkeeping 
    procedures. This change will make both HMDA banks and non-HMDA banks 
    subject to the same updating requirement.
    
    B. Reasons for Denial
    
        Under the proposed rule, a national bank subject to the HMDA was 
    required to maintain the reason(s) for denying a loan application.
        The commenters in favor of the reasons for denial requirements 
    generally stated that they were already voluntarily providing the 
    reason(s) for denial. Several commenters also stated that it was a good 
    idea to require the reasons for denial in order to better monitor the 
    bank's lending activity and compliance with fair housing statutes.
        The commenters opposed to the reason(s) for denial requirement 
    provided various reasons for their opposition. One commenter stated 
    that the nine HMDA codes are too limited to fully explain the reason(s) 
    for the denial and that the true reason(s) for the denial can be found 
    by examiners in the loan file. Another commenter stated that the FDIC 
    does not require the reason(s) for denial in its regulation. Finally, 
    another commenter preferred the treatment under Regulation C, which 
    states that providing the reason(s) for denial is optional. See 12 CFR 
    203.4(c).
        After considering these comments, the OCC determined that the final 
    rule will retain the requirement that national banks maintain the 
    reason(s) for denying a loan application for the following reasons. The 
    OCC believes that requiring the reason(s) for denial will improve both 
    the OCC's and national banks' monitoring of lending activity and 
    compliance with fair housing statutes. The OCC notes that the OTS also 
    requires the reason(s) for denial in its regulation, codified at 12 CFR 
    528.6(d)(2)(viii).
        Several commenters suggested that the OCC include provisions in the 
    final rule requiring national banks to use the nine HMDA codes when 
    entering the reason(s) for denial. Another commenter suggested that the 
    OCC devise a key of various reason(s) for denial based upon a list used 
    in adverse action notices under the Equal Credit Opportunity Act. Based 
    on these comments, the OCC determined that HMDA codes are needed for 
    consistency. The final rule requires national banks to use the nine 
    HMDA codes provided in Regulation C.
    
    C. Recordkeeping Burden Comments
    
        In the proposed rule, the OCC specifically requested comments on 
    the issue of whether the recordkeeping burden imposed by the proposal 
    was minimal. Commenters stating that burden would be increased under 
    the proposal were substantially outnumbered by commenters stating that 
    burden would be decreased.
        Many commenters stated generally that the proposal would reduce 
    recordkeeping burden. Several commenters referred to the reduction in 
    staff hours and resources used in recording home loan information. 
    Another commenter stated that those resources could be used in other 
    areas if the proposal was adopted.
        Commenters stating that burden would be increased generally focused 
    on the 30-day update requirement and the burden associated with 
    changing procedures to meet the proposed time period. The OCC changed 
    the 30-day update requirement in the proposed rule to a quarterly 
    update requirement in the final rule to alleviate the potential burden 
    increase identified by these commenters.
    
    D. Accuracy of the Data
    
        While the proposed rule was silent on the issue of data accuracy, 
    several commenters were concerned about this issue. One commenter 
    stated that currently the bank employed procedures to check the 
    accuracy of the data annually, just before the bank must report its 
    HMDA data. The commenter stated that the 30-day update requirement 
    would require a significant change in the bank's procedures in order to 
    ensure that the data are accurate. Another commenter suggested that a 
    bank should only be held to a standard of reasonable diligence and good 
    faith as to the accuracy of the data prior to the annual filing.
        The OCC believes that updating quarterly rather than monthly will 
    reduce the burden of ensuring the accuracy of the data entered onto the 
    LAR. The OCC notes that Regulation C already contains a provision 
    relating to data accuracy. Regulation C provides that an error in 
    compiling or recording loan data is not a violation of the HMDA or 
    Regulation C if it was unintentional and occurred despite the 
    maintenance of procedures reasonably adapted to avoid such errors. See 
    12 CFR 203.6(b). The OCC believes that this standard is adequate and 
    does not need to be restated. National banks subject to the HMDA that 
    do not have this type of procedure in place should develop a procedure 
    to meet this standard.
    
    E. Compliance Alternatives
    
        Under the proposed rule, national banks subject to the HMDA could 
    not comply with the monthly recordkeeping requirement by completing the 
    monthly home loan activity report in Sec. 27.3(a)(2). Similarly, non-
    HMDA national banks could not comply with the monthly recordkeeping 
    requirement by maintaining a HMDA-LAR in accordance with the 
    requirements in Sec. 27.3(a)(1).
        One commenter suggested that all banks be given an alternative to 
    comply with the FHHLDS monthly recordkeeping requirement by using 
    either the HMDA-LAR or the monthly home loan activity report. Two other 
    commenters suggested that non-HMDA banks be allowed to record their 
    monthly home loan activity in the HMDA-LAR format in order to take 
    advantage of available on-line automated systems for LAR preparation 
    rather than requiring them to maintain a handwritten monthly home loan 
    activity report.
        The OCC believes that not all banks should be given a compliance 
    alternative, particularly in light of the change to a quarterly update 
    requirement in the final rule. However, the OCC believes that national 
    banks not subject to HMDA should be allowed to comply with the 
    quarterly recordkeeping requirement by maintaining either the monthly 
    home loan activity report or the HMDA-LAR, in accordance with this 
    final rule. This alternative will allow non-HMDA national banks that 
    are subject to the FHHLDS to take advantage of available on-line 
    automated systems for LAR preparation. The final rule reflects this 
    change.
    
    F. Frequency of Reporting
    
        The proposed rule addressed only maintenance of home loan data and 
    did not include provisions on the filing or reporting of the data. One 
    bank was concerned that, while not stated as a purpose of the proposal, 
    the increased processing and editing of the LAR could be the foundation 
    for increasing the frequency of filing the HMDA data from the current 
    annual requirement. According to the commenter, increased filing ran 
    the risk of presenting an unrealistic snapshot of the bank's lending 
    performance.
        The quarterly recordkeeping requirement in Sec. 27.3(a) is a 
    records maintenance requirement and not a reporting requirement. The 
    reporting requirement for the HMDA is located in Regulation C at 12 CFR 
    203.5(a). Changes in the frequency of reporting or filing HMDA data, if 
    any, would be made to Regulation C, a FRB regulation.
    
    G. Retroactivity
    
        One commenter recommended that the final rule be promulgated on a 
    retroactive basis, effective January 1, 1993. The OCC declines to 
    accept the commenter's recommendation. While the OCC believes that the 
    final rule reduces recordkeeping burden, certain national banks must be 
    given time to change their procedures to comply with these 
    requirements. Therefore, the final rule will become effective June 20, 
    1994.
    
    H. Differences Between the FHHLDS and HMDA
    
        Five commenters pointed out differences between the FHHLDS and the 
    HMDA. One commenter submitted two exhibits detailing differences in 
    coverage and information requirements. Another commenter suggested that 
    the two systems should be subject to the same reporting standards. A 
    third commenter suggested that the definition of ``home loan'' be the 
    same for both regulations. Another commenter suggested that the loans 
    covered in 12 CFR 202.13(a) should be used as a guide for the FHHLDS. 
    Finally, one commenter pointed out that the FHHLDS does not have a 
    mechanism to deal with cases where a mail or telephone applicant for a 
    loan declines to provide information regarding race or sex. The 
    commenter pointed out that Regulation C has this type of mechanism.
        As noted in the proposed rule, the OCC is studying the FHHLDS to 
    determine what data are most effective in identifying discrimination in 
    home lending, to identify the most effective and least burdensome 
    method for collecting home loan data, and to develop an improved 
    statistical model that will enhance our ability to analyze home loan 
    data. The OCC is considering, but chose not to implement these 
    commenters' suggestions into this final rule because of the necessity 
    and importance of enhancing the HMDA data and reducing regulatory 
    burden as soon as possible. However, the issues raised by the 
    commenters will be considered further in the context of the OCC's 
    ongoing study of the FHHLDS. After the study is complete, the OCC 
    expects to publish in the Federal Register a notice of proposed 
    rulemaking to explain any further proposed changes to the FHHLDS.
    
    I. The OMB Comment
    
        In an official comment, the OMB stated that ``the OCC should revise 
    12 CFR 27.3(b)(1)(xx) and 12 CFR 27.4(c)(5) so that the race and ethnic 
    categories in its regulations are consistent with OMB Statistical 
    Policy Directive No. 15, `Race and Ethnic Standards for Federal 
    Statistics and Administrative Reporting.''' The effect of the suggested 
    revisions is to change the way the regulation refers to various racial 
    and ethnic groups. The OCC determined that the suggested technical 
    revisions are in keeping with the intent of the proposal. Therefore, 
    the OCC has adopted OMB's suggested revisions of Secs. 27.3(b)(1)(xx) 
    and 27.4(c)(5) and has made conforming changes to Appendices II, III, 
    and IV.
    
    Paperwork Reduction Act
    
        The collection of information contained in this final rule has been 
    submitted to the Office of Management and Budget (OMB) under control 
    number 1557-0159 in accordance with the Paperwork Reduction Act of 1980 
    (44 U.S.C. 3504(h)).
        For those banks required to submit Home Loan Data Submission Forms, 
    pursuant to Sec. 27.7, the reporting burden for the estimated 13 banks 
    filing reports will average approximately 100 hours annually, varying 
    by the size and activity of the bank. The recordkeeping burden for the 
    estimated 3,750 banks maintaining records will average approximately 
    1.3 hours annually.
        Comments concerning the accuracy of these burden estimates and 
    suggestions for reducing burden should be directed to the Office of the 
    Comptroller of the Currency, Legislative, Regulatory, and International 
    Activities, Attention: 1557-0159, 250 E Street SW., Washington, DC 
    20219, and the Office of Management and Budget, Paperwork Reduction 
    Project (1557-0159), Washington, DC 20503.
    
    Regulatory Flexibility Act
    
        It is hereby certified that this regulation will not have a 
    significant economic impact on a substantial number of small entities. 
    Accordingly, a regulatory flexibility analysis is not required. This 
    regulation relieves an unnecessary duplicative recordkeeping burden on 
    banks that are subject to the recordkeeping requirements of both the 
    FHHLDS and the HMDA.
    
    Executive Order 12866
    
        The OCC has determined that this regulation is not a significant 
    regulatory action.
    
    List of Subjects in 12 CFR Part 27
    
        Civil rights, Credit, Fair housing, Mortgages, National banks, 
    Reporting and recordkeeping requirements.
    
    Authority and Issuance
    
        For the reasons set out in the preamble, part 27 of chapter I of 
    title 12 of the Code of Federal Regulations is amended as set forth 
    below:
    
    PART 27--FAIR HOUSING HOME LOAN DATA SYSTEM
    
        1. The authority citation for part 27 is revised to read as 
    follows:
    
        Authority: 5 U.S.C. 301; 12 U.S.C. 1 et seq., 93a, 161, 481, and 
    1818; 15 U.S.C. 1691 et seq.; 42 U.S.C. 3601 et seq.; 12 CFR part 
    202.
    
        2. In Sec. 27.3, paragraphs (a) and (b)(1)(xx) are revised to read 
    as follows:
    
    
    Sec. 27.3  Recordkeeping requirements.
    
        (a) Quarterly recordkeeping requirement. (1) A bank that is 
    required to collect data on home loans under part 203 of this title 
    shall present the data on Federal Reserve Form FR HMDA-LAR or in an 
    automated format in accordance with the instructions, except that:
        (i) A bank shall maintain the reason(s) it denied a loan 
    application, using the codes provided in part 203 of this title; and
        (ii) A bank shall record all information required by this paragraph 
    and part 203 of this title within 30 calendar days after the end of 
    each calendar quarter.
        (2) A bank that receives 50 or more home loan applications a year, 
    as measured by the previous calendar year, and that is not required to 
    collect data under paragraph (a)(1) of this section, shall record and 
    maintain for each decision center the following information on home 
    loan activity:
        (i) Number of applications received for each of the following: 
    Purchase; construction-permanent; refinance.
        (ii) Number of loans closed for each of the following: Purchase; 
    construction-permanent; refinance.
        (iii) Number of loans denied for each of the following: Purchase; 
    construction-permanent; refinance.
        (iv) Number of loans withdrawn by applicant, for each of the 
    following: Purchase; construction-permanent; refinance.
        (3) The information required to be maintained under paragraph 
    (a)(2) of this section shall be updated quarterly, within 30 calendar 
    days after the end of each calendar quarter, in a format consistent 
    with the bank's recordkeeping procedures.
        (4) A bank exempted under paragraph (a)(2) of this section shall be 
    covered by that requirement beginning the month following any quarter 
    in which their average monthly volume of home loan applications exceeds 
    four applications per month. Banks which are subject to this paragraph 
    may discontinue keeping this information beginning the month following 
    two consecutive quarters in which their average monthly volume of home 
    loan applications drops to four or fewer applications per month. A bank 
    which is otherwise exempted under this paragraph may be required upon 
    notification received from the Comptroller, to record and maintain such 
    information where there is cause to believe that the bank is not in 
    compliance with the fair housing laws based on prior examinations and/
    or has substantive consumer complaints, among other factors.
        (5) A bank required to maintain information under paragraph (a)(2) 
    or (a)(4) of this section may choose to comply with the quarterly 
    recordkeeping requirement by maintaining information in accordance with 
    paragraph (a)(1) of this section.
        (b) * * *
        (1) * * *
        (xx) Race/national origin of applicant(s) using the categories: 
    American Indian or Alaskan Native; Asian or Pacific Islander; Black, 
    not of Hispanic origin; White, not of Hispanic origin; Hispanic; Other.
    * * * * *
        3. In Sec. 27.4, paragraph (c)(5) is revised to read as follows:
    
    
    Sec. 27.4  Inquiry/Application Log.
    
    * * * * *
        (c) * * *
        (5) Race/national origin of the inquirer(s) or applicant(s) using 
    the categories: American Indian or Alaskan Native; Asian or Pacific 
    Islander; Black, not of Hispanic origin; White, not of Hispanic origin; 
    Hispanic; Other. In the case of inquiries, this item shall be noted on 
    the basis of visual observation or surname(s) only. In the case of 
    applications, the information shall be obtained pursuant to 
    Sec. 27.3(b)(2).
    * * * * *
        4. In Sec. 27.7, paragraph (b), the introductory text for paragraph 
    (c), and paragraph (d) are revised to read as follows:
    
    
    Sec. 27.7  Availability, submission and use of data.
    
    * * * * *
        (b) Prior to a scheduled bank examination, the Comptroller may 
    request the information maintained under Sec. 27.3(a). A bank required 
    to maintain information under Sec. 27.3(a)(2) shall submit the 
    information to the Comptroller on the form prescribed in appendix I of 
    this part. A bank which is exempt from maintaining the information 
    required under Sec. 27.3(a) shall notify the Comptroller of this fact 
    in writing within 30 calendar days of its receipt of the Comptroller's 
    request.
        (c) If, upon review of the information maintained under 
    Sec. 27.3(a), the Comptroller determines that statistical analysis 
    prior to examination is warranted, the bank will be notified.
    * * * * *
        (d) If there is cause to believe that a bank is in noncompliance 
    with fair housing laws, the Comptroller may require submission of 
    additional Home Loan Data Submission Forms. The Comptroller may also 
    require submission of the information maintained under Sec. 27.3(a) and 
    Home Loan Data Submission Forms at more frequent intervals than 
    specified in paragraphs (b) and (c) of this section.
    
        5. A heading is added preceding Appendix I to read as follows:
    
    Appendixes to Part 27
    
        6. Appendix II is revised to read as follows:
    
    Appendix II--Information for Government Monitoring Purposes
    
        The following language is approved by the Comptroller of the 
    Currency and will satisfy the requirements of 12 CFR part 27. It may be 
    inserted to complete the ``Information for Government Monitoring 
    Purposes'' section of the Residential Loan Application Form (FHLMC Form 
    65/FNMA 1003) or may be used separately. This information may also be 
    provided orally by the applicant.
        The following information is requested by the Federal Government if 
    this loan is related to a dwelling, in order to monitor the lender's 
    compliance with equal credit opportunity and fair housing laws. You are 
    not required to furnish this information, but are encourage to do so. 
    The law provides that a lender may neither discriminate on the basis of 
    this information, nor on whether you choose to furnish it. However, if 
    you choose not to furnish it, under Federal regulations this lender is 
    required to note race and sex on the basis of visual observation or 
    surname. If you do not wish to furnish the above information, please 
    initial below.
    
    Borrower
    
        I do not wish to furnish this information (initial)________.
    
    Race/National Origin
    
        {time}  American Indian or Alaskan Native
        {time}  Asian or Pacific Islander
        {time}  Black, not of Hispanic origin
        {time}  Hispanic
        {time}  White, not of Hispanic origin
        {time}  Other (specify)________
    
    Sex
    
        {time}  Female
        {time}  Male
    
    Co-borrower
    
        I do not wish to furnish this information (initial)________.
    
    Race/National Origin
    
        {time}  American Indian or Alaskan Native
        {time}  Asian or Pacific Islander
        {time}  Black, not of Hispanic origin
        {time}  Hispanic
        {time}  White, not of Hispanic origin
        {time}  Other (specify)________
    
    Sex
    
        {time}  Female
        {time}  Male
    
    BILLING CODE 4810-33-P
        6. Appendix III is revised to read as follows:
    
    TR20MY94.003
    
    
    BILLING CODE 4810-33-C
        7. Appendix IV is revised to read as follows:
    
    TR20MY94.004
    
    
    TR20MY94.005
    
    BILLING CODE 4810-33-C
        Dated: May 16, 1994.
    Eugene A. Ludwig,
    Comptroller of the Currency.
    [FR Doc. 94-12270 Filed 5-19-94; 8:45 am]
    BILLING CODE 4810-33-P
    
    
    

Document Information

Published:
05/20/1994
Department:
Comptroller of the Currency
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-12270
Dates:
June 20, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: May 20, 1994, Docket No. 94-09
RINs:
1557-AB33
CFR: (5)
12 CFR 27.3(a)
12 CFR 27.3(b)(2)
12 CFR 27.3
12 CFR 27.4
12 CFR 27.7