Appendix B to Part 1003 - Form and Instructions for Data Collection on Ethnicity, Race, and Sex
12:8.0.2.1.4.0.1.11.8 : Appendix B
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 § 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.
[80 FR
66314, Oct. 28, 2015, as amended at 82 FR 43133, Sept. 13, 2017]