Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Notices 29117 

TABLE 1—ISSUED PERMITS AND PERMIT AMENDMENTS

Permit No. RTID Applicant Previous Federal Register 

notice Issuance date 

22187–03 ..... 0648–XB778 Heather E. Liwanag, Ph.D., 1 Grand Avenue, San Luis 

Obispo, CA 93407.

87 FR 6511; February 4, 

2022.

April 1, 2022. 

22260 ........... 0648–XB731 Allyson Hindle, Ph.D., University of Nevada Las Vegas, 

4505 S Maryland Parkway, Las Vegas, NV 89154.

87 FR 3976; January 26, 

2022.

April 29, 2022. 

25843 ........... 0648–XB837 Peggy Stap, Marine Life Studies, 6 Carlton Drive, Del Rey 

Oaks, CA 93940.

87 FR 10337; February 24, 

2022.

April 21, 2022. 

26245 ........... 0648–XB780 Zoological Society of San Diego, d/b/a San Diego Zoo Wildlife Alliance, P.O. Box 120551, San Diego, CA 92112 

(Responsible Party: Paul Baribault).

87 FR 7159; February 8, 

2022.

April 4, 2022. 

26269 ........... 0648–XB824 Changqun Zhang, Texas A&M University at Galveston, 200 

Seawolf Parkway, Galveston, TX 77553.

87 FR 10337; February 24, 

2022.

April 11, 2022. 

26285 ........... 0648–XB740 The Whale Museum, P.O. Box 924, Friday Harbor, WA 

98250 (Responsible Party: Jenny Atkinson).

87 FR 4226; January 27, 

2022.

April 21, 2022. 

26288 ........... 0648–XB864 Deborah Giles, Ph.D., Wild Orca, 6523 California Avenue 

SW #172 Seattle, WA 98136.

87 FR 13270; March 9, 2022 April 29, 2022. 

26345 ........... 0648–XB786 Sealight Pictures, 51A Seaview Street, Balgowlah, Sydney 

NSW 2093 Australia (Responsible Party: Adam Geiger).

87 FR 7155; February 8, 

2022.

April 21, 2022. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), a final 

determination has been made that the 

activities proposed are categorically 

excluded from the requirement to 

prepare an environmental assessment or 

environmental impact statement. 

As required by the ESA, as applicable, 

issuance of these permit was based on 

a finding that such permits: (1) Were 

applied for in good faith; (2) will not 

operate to the disadvantage of such 

endangered species; and (3) are 

consistent with the purposes and 

policies set forth in Section 2 of the 

ESA. 

Authority: The requested permits 

have been issued under the MMPA of 

1972, as amended (16 U.S.C. 1361 et 

seq.), the regulations governing the 

taking and importing of marine 

mammals (50 CFR part 216), the ESA of 

1973, as amended (16 U.S.C. 1531 et 

seq.), and the regulations governing the 

taking, importing, and exporting of 

endangered and threatened species (50 

CFR parts 222–226), as applicable. 

Dated: May 9, 2022. 

Amy Sloan, 

Acting Chief, Permits and Conservation 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–10210 Filed 5–11–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XC005] 

Pacific Fishery Management Council; 

Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: The Pacific Fishery 

Management Council’s (Pacific Council) 

Highly Migratory Species Advisory 

Subpanel (HMSAS) will hold a meeting, 

which is open to the public. 

DATES: The online meeting will be held 

Thursday, June 2, 2022, from 1 p.m. to 

4:30 p.m., Pacific Daylight Time or until 

business is completed. 

ADDRESSES: This meeting will be held 

online. Specific meeting information, 

including directions on how to join the 

meeting and system requirements will 

be provided in the meeting 

announcement on the Pacific Council’s 

website (see www.pcouncil.org). You 

may send an email to Mr. Kris 

Kleinschmidt (kris.kleinschmidt@

noaa.gov) or contact him at (503) 820– 

2412 for technical assistance. 

Council address: Pacific Fishery 

Management Council, 7700 NE 

Ambassador Place, Suite 101, Portland, 

OR 97220–1384. 

FOR FURTHER INFORMATION CONTACT: Kit 

Dahl, Staff Officer, Pacific Council; 

telephone: (503) 820–2422. 

SUPPLEMENTARY INFORMATION: The 

purpose of this meeting is for the 

HMSAS to familiarize its members with 

relevant topics to be taken up at the 

June 2022 Pacific Council meeting and 

begin considering the contents of 

reports the HMSAS may wish to submit 

to the Council. An agenda for the 

HMSAS meeting will be posted on the 

Council’s website one week prior to the 

meeting. 

Although non-emergency issues not 

contained in the meeting agenda may be 

discussed, those issues may not be the 

subject of formal action during this 

meeting. Action will be restricted to 

those issues specifically listed in this 

document and any issues arising after 

publication of this document that 

require emergency action under section 

305(c) of the Magnuson-Stevens Fishery 

Conservation and Management Act, 

provided the public has been notified of 

the intent to take final action to address 

the emergency. 

Special Accommodations 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Mr. Kris 

Kleinschmidt (kris.kleinschmidt@

noaa.gov; (503) 820–2412) at least 10 

days prior to the meeting date. 

(Authority: 16 U.S.C. 1801 et seq.) 

Dated: May 9, 2022. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–10167 Filed 5–11–22; 8:45 am] 

BILLING CODE 3510–22–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

Fair Lending Report of the Consumer 

Financial Protection Bureau, May 2022 

AGENCY: Bureau of Consumer Financial 

Protection. 


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29118 Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Notices 

1For additional information regarding the CFPB’s 

risk-based approach in prioritizing supervisory 

examinations, see Section 2.2.3, Risk-Based 

Approach to Examinations, Supervisory Highlights 

Summer 2013, available at https://files.consumer

finance.gov/f/201308_cfpb_supervisory-highlights_

august.pdf. 

ACTION: Fair Lending Report of the 

Consumer Financial Protection Bureau. 

SUMMARY: The Consumer Financial 

Protection Bureau (Bureau or CFPB) is 

issuing its tenth Fair Lending Report of 

the Consumer Financial Protection 

Bureau (Fair Lending Report) to 

Congress. The Bureau is committed to 

ensuring fair, equitable, and 

nondiscriminatory access to credit for 

both individuals and communities. This 

report describes our fair lending 

activities in supervision and 

enforcement; guidance and rulemaking; 

interagency coordination; and outreach 

and education for calendar year 2021. 

DATES: The Bureau released the 2021 

Fair Lending Report on its website on 

May 6, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Susan Grutza, Policy Counsel, Fair 

Lending, at 1–855–411–2372. If you 

require this document in an alternative 

electronic format, please contact CFPB_

Accessibility@cfpb.gov. 

SUPPLEMENTARY INFORMATION: 

1. Fair Lending Report of the Bureau of 

Consumer Financial Protection, May 

2022 

Message From the Fair Lending Director 

Starting and owning a small business 

is the foundation of dreams and 

aspirations. There is a certain dignity in 

knowing the security and love of a 

stable, safe home in community 

anchored by individuals and businesses 

invested in the community’s success. 

Both starting a successful small business 

and owning one’s home are key building 

blocks of individual and generational 

wealth. Yet, individuals and 

communities of color generally face 

barriers to financing their small 

businesses and homes that their white 

counterparts do not experience. These 

families and communities also own 

their homes at much lower rates than 

non-Hispanic whites, and people of 

color who do own their homes are more 

likely to be at risk of foreclosure. This 

is due, in part, to a legacy of structural 

discrimination which extends to 

mortgage, auto, student, and other credit 

markets. The mission of fair lending is 

to break these discriminatory patterns 

and practices and to promote access to 

credit to create fairer markets for all. 

This report covers the Consumer 

Financial Protection Bureau’s (CFPB’s) 

fair lending activities during 2021. 

Much of the CFPB’s 2021 work centered 

on Acting Director Uejio’s call for the 

CFPB to take bold and swift action to 

address issues of pervasive racial 

injustice and long-term economic 

impacts of the COVID–19 pandemic on 

individuals and communities. In 

addition, Director Chopra has 

prioritized the CFPB’s foundations of 

financial inclusion, racial and economic 

equity, and fair competition. As a result, 

we focused our fair lending work on 

issues especially pertinent to people 

and communities of color and those at 

risk of losing their housing or unable to 

access credit for their small businesses. 

This work took various forms, utilizing 

all of the CFPB’s available tools, and 

touched nearly every market within our 

purview. 

Notably, this year we brought an 

enforcement action against Trustmark 

National Bank (Trustmark) for redlining 

in the Memphis Metropolitan Statistical 

Area (MSA). Trustmark discouraged 

prospective applicants in Black and 

Hispanic neighborhoods, avoided 

locating branches or assigning loan 

officers to these communities, and failed 

to monitor its fair lending compliance. 

We continue to examine and investigate 

entities who are engaged in redlining, as 

well as mortgage pricing discrimination. 

Additionally, public reports of racist 

practices in the home appraisal industry 

led us to prioritize resources to ensure 

that the appraisals used to make lending 

decisions are accurate and free from 

bias. Redlining, pricing discrimination, 

and appraisal bias are significant 

barriers to fair competition in the 

mortgage market, impeding the ability of 

an individual borrower to get credit on 

fair terms, thus stifling growth in 

communities across the country. 

Home is not only the walls and beams 

of a house, but also the community that 

supports it. From the small businesses 

that anchor our neighborhoods, to the 

family farms that dot the countryside, 

these businesses are the drivers of 

opportunity in a community. In 2021, 

the CFPB took the significant step of 

issuing a notice of proposed rulemaking 

(NPRM) for section 1071 of the DoddFrank Wall Street Reform and Consumer 

Protection Act (Dodd-Frank Act), to 

collect certain data on applications for 

credit for women-owned, minorityowned, and small businesses. The need 

for this data was highlighted in 2020 

and in 2021, as small businesses were 

hit especially hard by the COVID–19 

pandemic, and as Black and Hispanic 

entrepreneurs faced headwinds in 

accessing small business credit 

compared to their white counterparts. 

The data collection intended with this 

proposed rule will allow the CFPB, 

advocates, industry, and other 

stakeholders to better monitor small 

business markets and community 

development needs to foster an 

inclusive and competitive small 

business lending market. 

Some bad actors target and exploit atrisk communities. In 2021, the CFPB 

sued Libre by Nexus (Libre) and JPay for 

engaging in unfair, deceptive, or abusive 

acts and practices. Libre targeted 

immigrants held in detention centers for 

a services scam that traps victims into 

paying expensive, long-term fees. JPay 

provided financial services to prisons 

and jails nationwide, charging unfair 

fees to their customers. In the United 

States, incarcerated individuals and 

individuals reentering society are 

overwhelmingly men of color. The 

CFPB will continue to fight 

discrimination that manifests as unfair, 

deceptive, or abusive acts and practices. 

I am encouraged by the possibility of 

utilizing vehicles like special purpose 

credit programs to expand access to 

credit, but skeptical of claims that 

advanced algorithms are the cure-all for 

bias in credit underwriting and pricing. 

Home is a place, home is a feeling, 

home shapes the people our children 

become. I am proud of what the CFPB 

achieved in 2021, our tenth year of 

existence, and I look forward to the 

future of fair lending and the next ten 

years, as we continue our work so that 

entrepreneurs have the pride of owning 

a successful small business and all 

individuals have the opportunity to 

know the comfort of a place worth 

calling home. 

Sincerely, 

Patrice Alexander Ficklin 

1. Fair Lending Supervision and 

Enforcement 

1.1 Risk-Based Prioritization 

Because Congress charged the CFPB 

with the responsibility of overseeing 

many lenders and products, the CFPB 

has long-used a risk-based approach to 

prioritizing supervisory examinations 

and enforcement activity. This approach 

helps ensure that the CFPB focuses on 

areas that present substantial risk of 

credit discrimination for consumers.1

As part of the prioritization process, 

the CFPB identifies emerging 

developments and trends by monitoring 

key consumer financial markets. If this 

field and market intelligence identifies 

fair lending risks in a particular market, 

that information is used to determine 

the type and extent of attention required 

to address those risks. 

The prioritization process 

incorporates a number of additional 


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2See 15 U.S.C. 1691e(h). 

3Consumer Fin. Prot. Bureau, Trustmark 

National Bank, (https://www.consumerfinance.gov/ 

enforcement/actions/trustmark-national-bank/). 

4Consumer Fin. Prot. Bureau, LendUp Loans, 

LLC, (https://www.consumerfinance.gov/ 

enforcement/actions/lendup-loans-llc-2/). 

factors, including tips and leads from 

industry whistleblowers, advocacy 

groups, and government agencies; 

supervisory and enforcement history; 

consumer complaints; and results from 

analysis of Home Mortgage Disclosure 

Act (HMDA) and other data. 

As a result of its annual risk-based 

prioritization process for 2021, in 2021, 

the CFPB focused much of its fair 

lending enforcement and supervision 

efforts on advancing the CFPB’s 

priorities surrounding racial and 

economic equity and promoting 

economic recovery related to the 

COVID–19 pandemic. 

Additionally, the CFPB focused its 

fair lending supervision efforts on 

mortgage origination and pricing, small 

business lending, student loan 

origination work, policies and 

procedures regarding geographic and 

other exclusions in underwriting, and 

on the use of artificial intelligence (AI) 

and machine learning models. 

As in previous years, the CFPB’s 2021 

mortgage origination work continued to 

focus on redlining (and whether lenders 

intentionally discouraged prospective 

applicants living in, or seeking credit in 

minority neighborhoods from applying 

for credit); assessing whether there is 

discrimination in underwriting and 

pricing processes such as steering; and 

HMDA data integrity and validation 

reviews (both as standalone exams and 

in preparation for Equal Credit 

Opportunity Act (ECOA) exams that 

will follow). 

The CFPB’s small business lending 

work looked to assess whether there are 

disparities in application, underwriting, 

and pricing processes, redlining, and 

whether there are weaknesses in fair 

lending-related compliance 

management systems (CMS). 

Across multiple markets, the CFPB 

evaluated whether lenders maintain 

policies and procedures that exclude 

certain types of income or exclude 

property on the basis of geography in 

underwriting decisions. 

The CFPB’s student loan origination 

work included a focus on lenders’ 

policies and practices in underwriting 

or pricing for fair lending compliance. 

The CFPB also is expanding its 

evaluation of AI and machine learning 

models as used by institutions, 

including in evaluating applicants for 

credit. 

1.2 Fair Lending Enforcement 

Congress authorized the CFPB to 

bring actions to enforce the 

requirements of eighteen enumerated 

statutes, including ECOA, HMDA, and 

Unfair, Deceptive, or Abusive Acts or 

Practices (UDAAP). The CFPB engages 

in research, conducts investigations, 

files administrative complaints, holds 

hearings, and adjudicates claims 

through the CFPB’s administrative 

enforcement process. The CFPB also 

uses its independent litigation authority 

to file cases in Federal court alleging 

violations of fair lending laws under the 

CFPB’s jurisdiction. Like other Federal 

regulators, the CFPB is required to refer 

matters to the Department of Justice 

(DOJ) when it has reason to believe that 

a creditor has engaged in a pattern or 

practice of lending discrimination.2

1.2.1 Public Enforcement Actions 

In 2021, the CFPB announced four fair 

lending-related enforcement actions. 

These actions were brought under 

ECOA as well as other Federal 

consumer financial laws that protect 

consumers and ensure fair access to 

credit, including the Consumer 

Financial Protection Act of 2010 (CFPA) 

and the Electronic Fund Transfer Act 

(EFTA). These actions included 

Trustmark National Bank (Trustmark); 

LendUp Loans, LLC (LendUp); JPay, 

LLC (JPay); and Nexus Services, Inc. 

(Libre by Nexus). 

Trustmark 

On October 22, 2021, the CFPB, 

together with DOJ, filed a complaint and 

proposed consent order in the Federal 

district court for the Western District of 

Tennessee in settlement of claims 

against Trustmark, which is 

headquartered in Jackson, Mississippi.3

The joint complaint alleged that 

Trustmark engaged in unlawful 

discrimination against applicants and 

prospective applicants, including by 

redlining majority Black and Hispanic 

communities in the Memphis MSA and 

engaged in acts and practices that would 

discourage prospective applicants from 

applying for credit in violation of 

ECOA, Regulation B, and the CFPA. In 

the joint complaint, DOJ also alleged 

that Trustmark’s conduct violated the 

Fair Housing Act (FHA). 

The consent order, as entered by the 

court on October 27, 2021, requires 

Trustmark to invest $3.85 million in a 

loan subsidy program that will offer 

qualified applicants for credit secured 

by properties in majority Black and 

Hispanic neighborhoods in Memphis 

loans on a more affordable basis than 

otherwise available from Trustmark; 

open a new loan production office in a 

majority Black and Hispanic 

neighborhood in the Memphis MSA; 

fund targeted advertising to generate 

applications for credit from qualified 

consumers in majority Black and 

Hispanic neighborhoods in Memphis; 

and take other remedial steps to 

improve its fair lending compliance and 

serve the credit needs of majority Black 

and Hispanic neighborhoods in the 

Memphis MSA. The order also requires 

Trustmark to pay a civil money penalty 

of $5 million, $4 million of which 

would be remitted as a penalty paid to 

the Office of the Comptroller of the 

Currency (OCC) for FHA violations 

arising from the same conduct alleged in 

the complaint. 

LendUp Loans 

On September 8, 2021, the CFPB filed 

a lawsuit in the United States District 

Court for the Northern District of 

California against LendUp Loans, LLC. 

LendUp is an online lender offering 

single-payment and installment loans to 

consumers.4 In addition to other 

violations of consumer protection laws, 

the CFPB alleged that LendUp failed to 

timely issue required adverse-action 

notices and failed to provide accurate 

denial reasons on its adverse-action 

notices to thousands of loan applicants, 

in violation of ECOA and Regulation B, 

and that these violations also constitute 

violations of the CFPA. 

On December 21, 2021, the CFPB filed 

a proposed stipulated final judgment 

and order to settle the lawsuit, which 

the court entered on December 30, 2021. 

The order imposes an injunction, 

prohibiting LendUp from offering or 

providing consumer credit, or assisting 

others that are offering or providing 

consumer credit; from collecting on, 

selling, or assigning outstanding subject 

loans, or assisting others in doing so; 

from selling consumer information; and 

from making misrepresentations in the 

sale or collection of consumer debt, or 

assisting others in doing so. The order 

also imposes a $100,000 civil money 

penalty and requires the payment of 

$40.5 million in consumer redress, to be 

suspended upon payment of the civil 

money penalty based on LendUp’s 

demonstrated inability to pay. 

JPay 

On October 19, 2021, the CFPB 

ordered JPay to pay $4 million for 

consumer redress, prohibited JPay from 

engaging in the illegal conduct found by 

the CFPB, and required JPay to pay a $2 


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29120 Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Notices 

5Consumer Fin. Prot. Bureau, JPay, LLC, (https:// 

www.consumerfinance.gov/enforcement/actions/ 

jpay-llc/). 

6Consumer Fin. Prot. Bureau, Nexus Services 

Inc., et al., (https://www.consumerfinance.gov/ 

enforcement/actions/nexus-services-inc-et-al/). 

7 15 U.S.C. 1691e(g). 

8 Id. 

million civil money penalty.5 JPay, 

headquartered in Miramar, Florida, 

contracts with Federal, State and local 

Departments of Corrections around the 

country to provide financial products 

and services to incarcerated and 

formerly incarcerated individuals. JPay 

provided prepaid cards to formerly 

incarcerated individuals upon their 

release from prison or jail (JPay debit 

release card). The debit release cards 

contained the balance of funds owed to 

former inmates upon their release, 

including their commissary money, as 

well as any ‘‘gate money,’’ which are 

entitlements provided pursuant to State 

or local law, policy, or regulation to ease 

transition to society after release from 

prison or jail. The CFPB found that JPay 

violated EFTA and its implementing 

Regulation E by requiring consumers to 

establish an account with the particular 

financial institution that issued the JPay 

debit release card as a condition of 

receiving a government benefit, namely 

their gate money. JPay’s violations of 

EFTA and Regulation E also constituted 

violations of CFPA. The CFPB also 

found that JPay engaged in unfair and 

abusive acts and practices by causing 

fees to be imposed through its JPay debit 

release card on consumers who were 

required to get a JPay debit release card 

to access the money owed to them at the 

time of their release from prison or jail. 

In addition, the CFPB found that JPay 

violated the CFPA’s prohibition against 

unfair acts and practices by causing 

some consumers to be charged fees on 

their JPay debit release card that were 

not authorized by their cardholder 

agreements, and the CFPA’s prohibition 

against deceptive acts and practices by 

misrepresenting fees of some JPay debit 

release cards. 

Libre by Nexus 

On February 22, 2021, the CFPB filed 

a lawsuit against Libre by Nexus 

(Libre).6 The CFPB alleges that Libre 

and its owners operated a scheme 

through which Libre offers to pay the 

immigration bonds to secure the release 

of consumers held in Federal detention 

centers in exchange for large upfront 

fees and hefty monthly payments, while 

concealing or misrepresenting the true 

costs of its services. Specifically, the 

CFPB alleges that Libre and its owners 

engaged in deceptive and abusive acts 

or practices in violation of the CFPA. 

The CFPB filed its complaint jointly 

with the Attorneys General of Virginia, 

Massachusetts, and New York. The 

CFPB seeks an injunction, damages or 

restitution to consumers, disgorgement 

of ill-gotten gains, and the imposition of 

civil money penalties. 

1.2.2 ECOA Referrals to the 

Department of Justice 

The CFPB must refer to DOJ a matter 

when it has reason to believe that a 

creditor has engaged in a pattern or 

practice of lending discrimination in 

violation of ECOA.7 The CFPB may refer 

other potential ECOA violations to DOJ 

as well.8 In 2021, the CFPB referred two 

matters to DOJ about discrimination 

pursuant to section 706(g) of ECOA. The 

referrals involved discrimination in 

mortgage origination policies and 

mortgage origination pricing based on 

race and national origin. 

1.2.3 Implementing Enforcement 

Orders 

When an enforcement action is 

resolved through a public enforcement 

order, the CFPB (together with other 

government entities, when relevant) 

takes steps to ensure that the respondent 

or defendant complies with the 

requirements of the order. Depending on 

the specific requirements of individual 

public enforcement orders, the CFPB 

may take steps to ensure that borrowers 

who are eligible for compensation 

receive remuneration and that the 

defendant has complied with the 

injunctive provisions of the order, 

including implementing a 

comprehensive fair lending CMS. 

1.2.4 Pending Fair Lending 

Investigations 

In 2021, the CFPB had a number of 

ongoing and newly opened fair lending 

investigations of institutions. The CFPB 

investigated or is actively investigating 

potential discrimination in several 

markets, including student lending, 

payday lending, credit cards, small 

business lending, mortgage lending, 

including the unlawful practice of 

redlining, and discrimination in 

mortgage pricing exceptions. In 2021, 

the CFPB also investigated issues with 

HMDA reporting. The Bureau is looking 

into potential discriminatory conduct, 

including under ECOA and unfairness, 

as well as unlawful conduct targeted at 

vulnerable populations. 

1.3 Fair Lending Supervision 

The CFPB’s Supervision program 

assesses compliance with Federal fair 

lending consumer financial laws and 

regulations at banks and nonbanks over 

which the CFPB has supervisory 

authority. As a result of the CFPB’s 

efforts to fulfill its fair lending mission 

during 2021, the CFPB initiated 31 fair 

lending examinations or targeted 

reviews. 

For supervisory communications 

issued by Supervision during 2021, the 

most frequently identified issues related 

to the CFPB’s Prioritized Assessments. 

Through Prioritized Assessments, the 

CFPB continued to expand its 

supervisory approach to cover a greater 

number of institutions than its typical 

examination schedule allows, gain a 

greater understanding of industry 

responses to pandemic-related 

challenges, and help ensure that entities 

are attentive to practices that may result 

in consumer harm. Certain Prioritized 

Assessments evaluated fair lending risks 

in the small business lending market. 

In 2021, the CFPB issued several fair 

lending-related Matters Requiring 

Attention, directing entities to take 

corrective actions that will be monitored 

by the CFPB through follow-up 

supervisory events. Regarding 

Prioritized Assessment observations, 

examiners encouraged small business 

lenders to consider the fair lending risks 

associated with participation in the 

Paycheck Protection Program (PPP), 

further implementation of the PPP, and 

in any new lending program, and to 

evaluate and address any risks. 

During 2021, informed by the 

Director’s priority to advance equity 

using all the tools Congress gave the 

CFPB, Supervision continued to 

develop and dedicate resources to those 

priorities. As a result of this 

prioritization process, the CFPB focused 

additional fair lending supervision 

efforts on various product lines, 

especially mortgage origination and 

small business lending. 

2. Rulemaking and Guidance 

2.1 Rulemaking 

As the CFPB focused on racial and 

economic equity and responding to the 

COVID–19 pandemic, the CFPB was 

active in rulemaking activities which 

are particularly critical for communities 

and individuals of color, women, and 

those who struggled to pay their 

mortgages or access small business 

loans as a result of the impacts of the 

COVID–19 pandemic. In 2021, the CFPB 

also issued an NPRM on section 1071 of 

the Dodd-Frank Act (section 1071) to 

collect small business lending data; 

participated in interagency rulemaking 

to improve quality control standards for 

automated valuation models (AVM); 

and issued a final rule to establish 

safeguards for mortgage borrowers 


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9The proposal was published in the Federal 

Register on Oct. 8, 2021. See 86 FR 56356. 

10Additional activity has occurred regarding this 

issue since the end of this reporting period: The 

comment period for this proposed rule closed on 

January 6, 2022. 

11Additional activity has occurred regarding this 

issue since the end of this reporting period: On 

February 23, 2022, the CFPB published the Outline 

of Proposals and Alternatives Under Consideration 

for the Small Business Advisory Review Panel for 

Automated Valuation Model Rulemaking. More 

information is available at: https://www.consumer

finance.gov/about-us/newsroom/cfpb-outlinesoptions-to-prevent-algorithmic-bias-in-homevaluations/. 

12Consumer Fin. Prot. Bureau, Protections for 

Borrowers Affected by the COVID–19 Emergency 

Under the Real Estate Settlement Procedures Act 

(RESPA), Regulation X (June 28, 2021), https://

files.consumerfinance.gov/f/documents/cfpb_covidmortgage-servicing_final-rule_2021-06.pdf. 

13Consumer Fin. Prot. Bureau, Equal Credit 

Opportunity (Regulation B), Discrimination on the 

Bases of Sexual Orientation and Gender Identity 

(Mar. 9, 2021), https://files.consumerfinance.gov/f/ 

documents/cfpb_ecoa-interpretive-rule_2021- 

03.pdf. 

coming out of COVID–19 related 

forbearances. 

The CFPB publishes an agenda of its 

planned rulemaking activity biannually, 

which is available at: https://

www.consumerfinance.gov/rules-policy/ 

regulatory-agenda. 

2.1.1 Small Business Lending and Data 

Collection Rulemaking 

In the Dodd-Frank Act, Congress 

directed the CFPB to adopt regulations 

governing the collection of small 

business lending data. Section 1071 

amended ECOA to require financial 

institutions to compile, maintain, and 

submit to the CFPB certain data on 

applications for credit for womenowned, minority-owned, and small 

businesses. 

Congress enacted section 1071 for the 

purpose of facilitating enforcement of 

fair lending laws and enabling 

communities, governmental entities, 

and creditors to identify business and 

community development needs and 

opportunities for women-owned, 

minority-owned, and small businesses. 

On September 1, 2021, the CFPB 

issued a proposed rule amending 

Regulation B to implement changes to 

ECOA made by section 1071.9

Consistent with section 1071, the CFPB 

proposed to require covered financial 

institutions to collect and to report to 

the CFPB data on applications for credit 

for small businesses, including those 

that are owned by women or minorities. 

The proposal also addresses the CFPB’s 

approach to privacy interests and the 

publication of section 1071 data; 

shielding certain demographic data from 

underwriters and other persons; 

recordkeeping requirements; 

enforcement provisions; and the 

proposed rule’s effective and 

compliance dates.10

More information is available at: 

https://www.consumerfinance.gov/1071- 

rule/, a page compiling key materials 

related to the section 1071 rulemaking. 

2.1.1 Automated Valuation Models 

Rulemaking 

The CFPB is participating in 

interagency rulemaking processes with 

the Federal Reserve Board (FRB), OCC, 

Federal Deposit Insurance Corporation 

(FDIC), National Credit Union 

Administration (NCUA), and Federal 

Housing Finance Agency (FHFA) 

(collectively, the Agencies) to develop 

regulations to implement the 

amendments made by the Dodd-Frank 

Act to the Financial Institutions Reform, 

Recovery, and Enforcement Act of 1989 

(FIRREA) concerning automated 

valuation models. The FIRREA 

amendments require implementing 

regulations for quality control standards 

for AVMs. These standards are designed 

to ensure a high level of confidence in 

the estimates produced by the valuation 

models, protect against the 

manipulation of data, seek to avoid 

conflicts of interest, require random 

sample testing and reviews, and account 

for any other such factor that the 

Agencies determine to be appropriate. 

In 2021, under the process established 

by Congress in the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA), the CFPB began 

preparing the SBREFA process to 

consult with representatives of small 

entities likely to be affected directly by 

the regulations the CFPB is considering 

proposing. To address potential fair 

lending risk in models, the CFPB is 

considering proposing a requirement 

that covered institutions establish 

policies, practices, procedures, and 

control systems to ensure that their 

AVMs comply with applicable 

nondiscrimination laws. The Agencies 

will continue to work to develop a 

proposed rule to implement the DoddFrank Act’s AVM amendments to 

FIRREA.11

2.1.3 2021 Mortgage Servicing COVID– 

19 Rule 

On June 28, 2021, the CFPB issued a 

final rule amending certain provisions 

in Regulation X to reinforce equitable 

economic recovery as the Federal 

foreclosure moratoria were phased out, 

to help protect borrowers from 

unwelcome surprises as they exited 

forbearance, to prevent unnecessary 

foreclosures, and to support the housing 

market’s smooth and orderly transition 

to post-pandemic operation.12 The rule 

established temporary special 

safeguards (which expired on January 1, 

2022) to help ensure that borrowers 

were evaluated for all options, including 

loan modifications and selling their 

homes. Other temporary protections in 

the rule, such as a provision permitting 

mortgage servicers to offer certain 

COVID–19-related streamlined loan 

modifications based on the evaluation of 

an incomplete application, remain in 

effect. The rule covers loans on 

principal residences and generally 

excludes small servicers. The rule took 

effect on August 31, 2021. 

2.2 Guidance 

The CFPB issues guidance to its 

various stakeholders in many forms, 

including interpretive rules, advisory 

opinions, statements, bulletins, 

publications such as Supervisory 

Highlights, and other resources to aid in 

compliance. 

In 2021, the CFPB released an 

interpretive rule confirming that 

ECOA’s prohibitions on sex 

discrimination extend to sexual 

orientation and gender identity; a 

statement on how to best serve those 

who are limited English proficient; and 

a bulletin pertaining to supervision and 

enforcement priorities related to 

housing insecurity. The CFPB also 

published three issues of Supervisory 

Highlights and a suite of resources 

pertaining to HMDA reporting and 

filing. 

2.2.1 Interpretive Rule Regarding 

Sexual Orientation and Gender Identity 

On March 9, 2021, the CFPB issued an 

interpretive rule stating that the 

prohibition against sex discrimination 

under ECOA and Regulation B includes 

sexual orientation discrimination and 

gender identity discrimination.13 This 

prohibition also covers discrimination 

based on actual or perceived 

nonconformity with traditional sex- or 

gender-based stereotypes, and 

discrimination based on an applicant’s 

associations. This interpretive rule 

explains that lenders cannot 

discriminate based on sexual orientation 

or gender identity, and is consistent 

with the Supreme Court’s 2020 decision 

in Bostock v. Clayton County, Georgia, 

where the Court ruled that the 

prohibition against sex discrimination 

in Title VII of the Civil Rights Act of 

1964 (Title VII) encompasses sexual 

orientation discrimination and gender 

identity discrimination. 


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14Consumer Fin. Prot. Bureau, Statement 

Regarding the Provision of Financial Products and 

Services to Consumers with Limited English 

Proficiency (Jan. 13, 2021), https://files.consumer

finance.gov/f/documents/cfpb_lep-statement_2021- 

01.pdf. 

15Consumer Fin. Prot. Bureau, Bulletin 2021–02: 

Supervision and Enforcement Priorities Regarding 

Housing Insecurity (Apr. 1, 2021), https://

files.consumerfinance.gov/f/documents/cfpb_

bulletin-2021-02_supervision-and-enforcementpriorities-regarding-housing_WHcae8E.pdf. 

16 Issue 23, COVID–19 Prioritized Assessments 

Special Edition; Issue 24, Summer 2021; Issue 25, 

Fall 2021. 

17Consumer Fin. Prot. Bureau, Issue 23, COVID– 

19 Prioritized Assessments Special Edition (Jan. 

2021), https://files.consumerfinance.gov/f/ 

documents/cfpb_supervisory-highlights_issue-23_

2021-01.pdf. 

18Examiners did not, however, conduct a full 

analysis of any institution’s overlay, and did not 

make any determination about whether an 

institution’s use of the overlay complies with ECOA 

or Regulation B. Examiners encouraged the small 

business lenders to consider the fair lending risks 

associated with participation in the PPP, in further 

implementation of the PPP, and in any new lending 

program and to evaluate and address any risks. 

19Consumer Fin. Prot. Bureau, Issue 25, Fall 2021 

(Dec. 8, 2021), https://www.consumerfinance.gov/ 

data-research/research-reports/supervisoryhighlights-issue-24-summer-2021/. 

20Consumer Fin. Prot. Bureau, Issue 25, Fall 2021 

(Dec. 8, 2021), https://www.consumerfinance.gov/ 

documents/10279/cfpb_supervisory-highlights_

issue-25_2021-12.pdf. 

21Consumer Fin. Prot. Bureau, Executive 

Summary of the 2020 Home Mortgage Disclosure 

Act (Regulation C) Final Rule (Apr. 16, 2020), 

https://files.consumerfinance.gov/f/documents/ 

cfpb_hmda_executive-summary_2020-04.pdf. 

22Consumer Fin. Prot. Bureau, Home Mortgage 

Disclosure (Regulation C) Small Entity Compliance 

2.2.2 Statement Regarding the 

Provision of Financial Products and 

Services to Consumers With Limited 

English Proficiency 

On January 13, 2021, the CFPB issued 

the Statement Regarding the Provision 

of Financial Products and Services to 

Consumers with Limited English 

Proficiency (the Statement).14 In 

recognition of the unique challenges 

faced by consumers with limited 

English proficiency (LEP) in consumer 

financial markets, the Statement 

encourages financial institutions to 

better serve all consumers, regardless of 

LEP status. The Statement provides 

principles and guidelines to assist 

financial institutions in complying with 

the Dodd-Frank Act, ECOA, and other 

applicable laws. 

2.2.3 Bulletin on Supervision and 

Enforcement Priorities Regarding 

Housing Insecurity 

On April 1, 2021, the CFPB issued a 

compliance bulletin warning mortgage 

servicers to take all necessary steps to 

prevent a wave of avoidable 

foreclosures.15 The Coronavirus Aid, 

Relief, and Economic Security (CARES) 

Act provided borrowers with federallybacked mortgages with access to 

forbearance, and private lenders have 

also provided similar assistance. Much 

of this aid expired in the fall. In light 

of these heightened risks to consumers 

in need of loss mitigation assistance, the 

CFPB focused on how mortgage 

servicers respond to borrower requests 

for loss mitigation assistance and 

process loss mitigation applications. 

The CFPB urged servicers to dedicate 

sufficient resources and staff to ensure 

they can communicate clearly with 

borrowers (including LEP and other 

vulnerable borrowers), effectively 

manage borrower requests for 

assistance, promote loss mitigation, and 

ultimately reduce avoidable foreclosures 

and foreclosure-related costs. 

2.2.4 Supervisory Highlights 

The CFPB’s Supervisory Highlights 

reports provide guidance and general 

information about the CFPB’s 

supervisory activities at banks and 

nonbanks without identifying specific 

entities. These reports communicate the 

CFPB’s key examination findings and 

operational changes to the CFPB’s 

supervision program. Supervisory 

Highlights is also a convenient and 

easily accessible resource for 

information on the CFPB’s recent 

guidance documents. In 2021, the CFPB 

published three issues of Supervisory 

Highlights.16

Issue 23, COVID–19 Prioritized 

Assessments Special Edition was 

released on January 19, 2021.17 This 

special edition sought to inform the 

public of observations in the CFPB’s 

Prioritized Assessment supervisory 

work conducted in 2020 after the 

sudden onset of the COVID–19 

pandemic. The Prioritized Assessments 

focused on evaluating risks to 

consumers resulting from the pandemic. 

Examiners identified several issues in 

small business lending that may pose 

fair lending risk. These findings 

included policies that limited eligibility 

for PPP loans to existing customers of 

the institution, and thereby restricted 

access to PPP loans beyond the 

eligibility requirements of the CARES 

Act and orders issued by the Small 

Business Administration (SBA). 

Examiners found that these additional 

requirements or limitations, commonly 

known as ‘‘overlays,’’ may have had a 

disproportionate impact on a prohibited 

basis and presented heightened fair 

lending risk.18

On June 29, 2021, the CFPB released 

the 24th edition of Supervisory 

Highlights.19 The findings included in 

this report cover examinations 

completed between January 1, 2020 to 

December 31, 2020. In one or more 

institutions, examiners uncovered errors 

in reporting of HMDA data, often tied to 

deficient CMS. Offending institutions 

were required to review, correct, and 

resubmit their data, as well as enhance 

their monitoring practices and make 

improvements to their CMS. Examiners 

also uncovered an institution engaging 

in the unlawful practice of redlining. 

The CFPB referred the matter to DOJ 

and is considering additional actions. 

The lender plans to undertake remedial 

and corrective actions regarding this 

violation, which are under review by 

the CFPB. 

The CFPB released the 25th edition of 

Supervisory Highlights on December 8, 

2021, covering examinations completed 

between January 2021 and June 2021.20

The findings included observations that 

mortgage lenders violated ECOA and 

Regulation B by discriminating against 

African American and female borrowers 

in the granting of pricing exceptions. In 

response to these findings, lenders plan 

to undertake remedial and corrective 

actions regarding these violations, 

which are under review by the CFPB. 

Examiners also found that lenders 

violated ECOA and Regulation B by 

improperly inquiring about small 

business applicants’ religion and by 

considering an applicant’s religion in 

the credit decision. For religious 

institutions applying for small business 

loans, lenders utilized a questionnaire 

which contained explicit inquiries 

about the applicant’s religion. 

Examiners determined that lenders also 

denied credit to an applicant identified 

as a religious institution because the 

applicant did not respond to the 

questionnaire. In response to these 

findings, lenders updated the 

questionnaire to ensure compliance 

with ECOA and Regulation B. In 

addition, lenders also identified affected 

applicants and provided an offer for 

each identified applicant to reapply for 

a small business loan. 

All issues of Supervisory Highlights 

are available at: https://www.consumer

finance.gov/compliance/supervisoryhighlights/. 

2.2.5 HMDA Guidance and Resources 

Given the importance of accurately 

reported HMDA data to the CFPB’s fair 

lending mission, the CFPB maintains a 

comprehensive suite of resources on its 

public website to help filers fulfill their 

reporting requirements under HMDA 

and Regulation C and to allow others to 

evaluate and study mortgage lending. 

These resources include: An Executive 

Summary of HMDA rule changes; 21

Small Entity Compliance Guide; 22 Key 


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Guide (May 2020), https://files.consumer

finance.gov/f/documents/cfpb_hmda_small-entitycompliance-guide.pdf. 

23Consumer Fin. Prot. Bureau, HMDA Rule Key 

Dates Timeline, January 1, 2020 to December 31, 

2022, https://files.consumerfinance.gov/f/ 

documents/cfpb_hmda-key-dates-timeline-2020- 

2022.pdf. 

24Consumer Fin. Prot. Bureau, HMDA 

Institutional Coverage Chart, https://www.consumer

finance.gov/documents/9568/cfpb_2020-hmdainstitutional-coverage_03-2021.pdf; Consumer Fin. 

Prot. Bureau, HMDA Transactional Coverage Chart, 

https://www.consumerfinance.gov/documents/ 

8724/cfpb_2020-hmda-transactional-coverage.pdf. 

25Consumer Fin. Prot. Bureau, Reportable HMDA 

Data: A Regulatory and Reporting Overview 

Reference Chart for HMDA Data Collected in 2021, 

https://files.consumerfinance.gov/f/documents/ 

cfpb_2021-reportable-hmda-data.pdf. 

26Consumer Fin. Prot. Bureau, Sample Data 

Collection Form, https://files.consumerfinance.gov/ 

f/documents/201708_cfpb_hmda-sample-datacollection-form.pdf. 

27Consumer Fin. Prot. Bureau, Home Mortgage 

Disclosure Act FAQs, https://www.consumer

finance.gov/compliance/compliance-resources/ 

mortgage-resources/hmda-reporting-requirements/ 

home-mortgage-disclosure-act-faqs/. 

28Consumer Fin. Prot. Bureau, HMDA Webinars, 

https://www.consumerfinance.gov/compliance/ 

compliance-resources/mortgage-resources/hmdareporting-requirements/webinars/. 

29See, Interactive Bureau Regulations, Regulation 

C, https://www.consumerfinance.gov/rules-policy/ 

regulations/1003/. 

30Collectively, the Board of Governors of the 

Federal Reserve System (FRB), the Federal Deposit 

Insurance Corporation (FDIC), the National Credit 

Union Administration (NCUA), the Office of the 

Comptroller of the Currency (OCC), and the CFPB 

comprise the Federal Financial Institutions 

Examination Council (FFIEC). The State Liaison 

Committee was added to FFIEC in 2006 as a voting 

member. Federal Fin. Instit. Examination Council, 

http://www.ffiec.gov (last visited Mar. 11, 2022). 

31Consumer Fin. Prot. Bureau, Filing instructions 

guide for HMDA data collected in 2022 (Oct. 2021), 

https://s3.amazonaws.com/cfpb-hmda-public/prod/ 

help/2022-hmda-fig.pdf. 

32Consumer Fin. Prot. Bureau, Supplemental 

Guide for Quarterly Filers for 2022 (Sep. 2021), 

https://s3.amazonaws.com/cfpb-hmda-public/prod/ 

help/supplemental-guide-for-quarterly-filers-for2022.pdf. 

33Federal Fin. Instit. Examination Council, A 

Guide to HMDA Reporting, Getting it Right! (Mar. 

22, 2021), https://www.ffiec.gov/hmda/pdf/ 

2021Guide.pdf. 

34 Kathleen L. Kraninger, Bureau takes additional 

steps to foster an inclusive financial system (Jan. 13, 

2021), https://www.consumerfinance.gov/about-us/ 

blog/bureau-takes-additional-steps-to-foster-aninclusive-financial-system/. 

35 Dave Uejio, Innovation and collaboration: Tech 

sprints support improvements in consumer 

notifications and data collection and processing 

(Apr. 26, 2021), https://www.consumerfinance.gov/ 

about-us/blog/innovation-and-collaboration-techsprints-support-improvements-consumernotifications-data-collection-processing/. 

36Patrice Alexander Ficklin, Frank VespaPapaleo, Protecting consumers through a pandemic: 

2020 Fair Lending Report to Congress (Apr. 14, 

2021), https://www.consumerfinance.gov/about-us/ 

blog/2020-fair-lending-report-to-congress/. 

37 Dave Uejio, Addressing racial inequities in 

consumer finance markets (June 2, 2021), https://

www.consumerfinance.gov/about-us/blog/ 

addressing-racial-inequities-consumer-financemarkets/. 

38Feng Liu and Alex Rodrigue, HMDA Threshold 

Report Blog (June 14, 2021), https://www.consumer

finance.gov/about-us/blog/hmda-threshold-reportblog/. 

39Alexandra Dobre and Young Jo, Challenging 

the Model Minority Myth: A closer look at Asian 

American and Pacific Islanders in the mortgage 

market (July 1, 2021), https://www.consumer

finance.gov/about-us/blog/challenging-modelminority-myth-asian-american-pacific-islandersmortgage-market/. 

40Patrice Alexander Ficklin, CFPB Prioritizing 

Resources Against Racial Bias in Home Appraisals 

(July 2, 2021), https://www.consumerfinance.gov/ 

about-us/blog/cfpb-prioritizing-resources-againstracial-bias-home-appraisals/. 

41Consumer Fin. Prot. Bureau, New rule ensures 

mortgage servicers provide options to potentially 

vulnerable borrowers exiting forbearance (Sep. 30, 

2021), https://www.consumerfinance.gov/about-us/ 

blog/new-rule-ensures-mortgage-servicers-provideoptions-potentially-vulnerable-borrowers-exitingforbearance/. 

42Erie Meyer, CFPB calls tech workers to action 

(Dec. 15, 2021), CFPB calls tech workers to action 

| Consumer Financial Protection Bureau 

(consumerfinance.gov). 

43Seth Frotman, CFPB is standing up for civil 

rights protections (Dec. 17, 2021), https://

www.consumerfinance.gov/about-us/blog/cfpbstanding-up-civil-rights-protections/. 

Dates Timeline; 23 Institutional and 

Transactional Coverage Charts; 24

Reportable HMDA Data Chart; 25 sample 

data collection form; 26 FAQs; 27 and 

downloadable webinars,28 which 

provide an overview of the HMDA rule. 

The CFPB also provides on its website 

an interactive version of Regulation C 

that is easier to access and navigate than 

the printed version of Regulation C.29

Together with the Federal Financial 

Institutions Examination Council 

(FFIEC),30 the CFPB also routinely 

updates its HMDA resources throughout 

the year to ensure HMDA reporters have 

the most up-to-date information. For 

example, in October 2021, the CFPB 

released the 2022 Filing Instructions 

Guide 31 and the 2021 Supplemental 

Guide for Quarterly Filers.32 Together 

with the FFIEC, in March 2021, the 

CFPB also published the 2021 edition of 

the HMDA Getting it Right Guide.33 The 

CFPB also works with the FFIEC to 

publish data submission resources for 

HMDA filers and vendors on its 

Resources for HMDA Filers website, 

https://ffiec.cfpb.gov. 

In addition, HMDA reporters can ask 

questions about HMDA and Regulation 

C, including how to submit HMDA data, 

by emailing the CFPB’s HMDA Help at 

HMDAHelp@cfpb.gov. The CFPB also 

offers financial institutions, service 

providers, and others, informal staff 

guidance on specific questions about the 

statutes and rules the CFPB implements, 

including ECOA and Regulation B and 

HMDA and Regulation C, through its 

Regulation Inquiries platform at 

www.reginquiries.consumerfinance.gov. 

3. Stakeholder Engagement 

The CFPB robustly engages with 

external stakeholders including 

consumer advocates, civil rights 

organizations, industry, academia, and 

other government agencies. This 

engagement comes in varied forms, 

including broadcasting the CFPB’s work 

and policy priorities through CFPB 

channels like blogs, videos, press 

releases, or speeches; reaching out 

directly to advocates and consumers 

through website updates, issuing 

Requests for Information (RFIs), hosting 

tech sprints, and ordering entities to 

engage with the CFPB. The CFPB also 

regularly issues numerous reports 

analyzing data and market conditions. 

To further an all-of-government 

approach to fair lending enforcement, 

the CFPB also participates in 

interagency groups. All of these 

engagements are critical to informing 

the CFPB’s work and broadcasting the 

CFPB’s priorities and recent work to its 

stakeholders. 

3.1 Promoting and Broadcasting the 

Fair Lending and Access to Credit 

Mission 

3.1.1 CFPB Blog Posts, Press Releases, 

Videos, and Other Communications 

The CFPB regularly uses blog posts, 

statements, press releases, videos, 

guides, brochures, social media, and 

other tools to timely and effectively 

communicate with stakeholders. These 

tools are targeted to individuals, 

advocates, civil rights organizations, 

government agencies, small business 

owners, financial institutions, and other 

stakeholders to promote and broadcast 

news and information about emerging 

fair lending issues, areas of concern, 

CFPB initiatives, and more. 

In 2021, the CFPB published 10 blog 

posts related to fair lending topics 

including: The publication of the LEP 

statement; 34 team presentations from 

the CFPB’s tech sprints; 35 the 

publication of the 2020 Fair Lending 

Annual Report; 36 the CFPB’s 

commitment to racial and economic 

equity; 37 a report analyzing differences 

in lending patterns for lenders below 

and above the 100-loan closed-end 

threshold set by the 2020 HMDA rule; 38

a report on Asian American and Pacific 

Islanders in the Mortgage Market; 39 the 

CFPB’s prioritization of resources to 

focus on the role of racial bias in home 

appraisals; 40 mortgage servicers’ 

communication capabilities and 

outreach efforts for borrowers; 41

updates to the whistleblower page; 42

and the CFPB’s Amicus brief in Fralish 

v. Bank of America.43


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44Consumer Fin. Prot. Bureau, Consumer 

Financial Protection Bureau and Virginia, 

Massachusetts, and New York Attorneys General 

Sue Libre for Predatory Immigrant-Services Scam 

(Feb. 22, 2021), https://www.consumerfinance.gov/ 

about-us/newsroom/consumer-financial-protectionbureau-and-virginia-massachusetts-and-new-yorkattorneys-general-sue-libre-for-predatoryimmigrant-services-scam/. 

45Consumer Fin. Prot. Bureau, CFPB Clarifies 

That Discrimination by Lenders on the Basis of 

Sexual Orientation and Gender Identity Is Illegal 

(Mar. 9, 2021), https://www.consumerfinance.gov/ 

about-us/newsroom/cfpb-clarifies-discriminationby-lenders-on-basis-of-sexual-orientation-andgender-identity-is-illegal/. 46Consumer Fin. Prot. Bureau, Agencies Seek 

Wide Range of Views on Financial Institutions’ Use 

of Artificial Intelligence (Mar. 29, 2021), https://

www.consumerfinance.gov/about-us/newsroom/ 

agencies-seek-wide-range-of-views-on-financialinstitutions-use-of-artificial-intelligence/. 

47Consumer Fin. Prot. Bureau, 2020 HMDA Data 

on Mortgage Lending Now Available (Mar. 31, 

2021), https://www.consumerfinance.gov/about-us/ 

newsroom/2020-hmda-data-on-mortgage-lendingnow-available/. 

48Consumer Fin. Prot. Bureau, Agencies Extend 

Comment Period on Request for Information on 

Artificial Intelligence (May 17, 2021), https://

www.consumerfinance.gov/about-us/newsroom/ 

agencies-extend-comment-period-on-request-forinformation-on-artificial-intelligence/. 

49Consumer Fin. Prot. Bureau, CFPB Proposes 

Rule to Shine New Light on Small Businesses’ 

Access to Credit (Sep. 1, 2021), https://

www.consumerfinance.gov/about-us/newsroom/ 

cfpb-proposes-rule-to-shine-new-light-on-smallbusinesses-access-to-credit/. 

50Consumer Fin. Prot. Bureau, CFPB Sues 

LendUp Loans for Violating 2016 Consent Order 

and Deceiving Borrowers (Sep. 8, 2021), https://

www.consumerfinance.gov/about-us/newsroom/ 

cfpb-sues-lendup-loans-for-violating-2016-consentorder-and-deceiving-borrowers/; Consumer Fin. 

Prot. Bureau, CFPB Shutters Lending by VC-Backed 

Fintech for Violating Agency Order (Dec. 21, 2021), 

https://www.consumerfinance.gov/about-us/ 

newsroom/cfpb-shutters-lending-by-vc-backedfintech-for-violating-agency-order/. 

51Consumer Fin. Prot. Bureau, CFPB Penalizes 

JPay for Siphoning Taxpayer-Funded Benefits 

Intended to Help People Re-enter Society After 

Incarceration (Oct. 19, 2021), https://

www.consumerfinance.gov/about-us/newsroom/ 

cfpb-penalizes-jpay-for-siphoning-taxpayer-fundedbenefits-intended-to-help-people-re-enter-societyafter-incarceration/. 

52Consumer Fin. Prot. Bureau, CFPB Orders Tech 

Giants to Turn Over Information on their Payment 

System Plans (Oct. 21, 2021), https://

www.consumerfinance.gov/about-us/newsroom/ 

cfpb-orders-tech-giants-to-turn-over-information-ontheir-payment-system-plans/. 

53Consumer Fin. Prot. Bureau, CFPB, DOJ and 

OCC Take Action Against Trustmark National Bank 

for Deliberate Discrimination Against Black and 

Hispanic Families (Oct. 22, 2021), https://

www.consumerfinance.gov/about-us/newsroom/ 

cfpb-doj-and-occ-take-action-against-trustmarknational-bank-for-deliberate-discriminationagainst-black-and-hispanic-families/. 

54Consumer Fin. Prot. Bureau, CFPB Seeks Input 

on Detecting Discrimination in Mortgage Lending 

(Nov. 16, 2021), https://www.consumerfinance.gov/ 

about-us/newsroom/cfpb-seeks-input-on-detectingdiscrimination-in-mortgage-lending/. 

55Consumer Fin. Prot. Bureau, Director’s 

Message: Addressing financial discrimination & 

racial equity (June 3, 2021), https://

www.youtube.com/watch?app=desktop&v=tFVyvq

VCr1A&feature=youtu.be. 

56Consumer Fin. Prot. Bureau, Share your small 

business story (Sep. 1, 2021), https://

www.youtube.com/watch?app=desktop&v=rVti779

N8wE&feature=youtu.be. 

57Consumer Fin. Prot. Bureau, Focus on Reentry: 

Criminal Justice Guide (July 2021), https://

files.consumerfinance.gov/f/documents/cfpb_ymyg_

reentry_supplement.pdf. 

58Consumer Fin. Prot. Bureau, What protections 

do I have against credit discrimination? https://

www.consumerfinance.gov/fair-lending/. 

59A recording of the event can be accessed at: 

https://www.consumerfinance.gov/about-us/events/ 

archive-past-events/virtual-home-appraisal-biasevent/. 

In 2021, the CFPB also issued 12 press 

releases related to fair lending and 

access to credit issues, including: The 

Libre by Nexus enforcement action; 44

the sexual orientation and gender 

identity interpretive rule; 45 the 

Interagency RFI on Artificial 

Intelligence (AI); 46 the availability of 

the 2020 HMDA Data; 47 the extension of 

the comment period for the AI RFI; 48

the proposed small business lending 

rule; 49 two press releases related to the 

LendUp enforcement action; 50 the JPay 

enforcement action; 51 the CFPB’s orders 

to tech giants to turn over information 

on their payment system plans; 52 the 

Trustmark enforcement matter; 53 and 

the RFI to seek input on detecting 

discrimination in mortgage lending.54

In addition, the CFPB produced two 

fair lending-related videos in 2021, one 

by Acting Director Uejio on racial 

inequities in consumer finance 

markets,55 and one by Fair Lending 

Director Patrice Ficklin promoting the 

small business tell your story portal.56

On August 17, 2021, the CFPB 

published a revised Focus on Reentry: 

Criminal Justice Guide as a part of the 

CFPB’s Your Money, Your Goals 

financial empowerment resources.57

The Guide is designed to help frontline 

staff address the unique challenges of 

individuals involved in the criminal 

justice system. 

Also, in 2021, the CFPB updated two 

brochures 58 on credit discrimination, 

titled Know Your Rights, Credit 

Discrimination is Illegal and Helping 

Consumers Spot Credit Discrimination. 

The brochures target consumers as well 

as those who work with consumers. The 

brochures are available in English, 

Spanish, Chinese, Vietnamese, Korean, 

Tagalog, Russian, Haitian Creole, and 

Arabic. 

3.1.2 CFPB Engagements With 

Stakeholders 

The CFPB often engages directly with 

stakeholders to inform the CFPB’s 

policy decisions and message the 

CFPB’s priorities and recent work. In 

2021, CFPB staff participated in 236 

stakeholder engagements related to fair 

lending and access to credit issues. 

Through speeches, presentations, 

podcasts, roundtables, webinars, and 

other smaller discussions on fair 

lending topics, the CFPB strives to keep 

abreast of economic and market realities 

that impact the lives of individuals and 

communities the CFPB is charged with 

protecting. 

For example, on June 15, 2021, the 

CFPB hosted a public roundtable to look 

closer at the role of racial bias in home 

appraisals.59 At the roundtable, the 

CFPB heard from civil rights activists, 

consumer advocates, and local leaders 

who see the impacts of these biases in 

their communities. The roundtable also 

included partner agencies, including the 

NCUA, the OCC, and the Department of 

Housing and Urban Development 

(HUD). Additionally, Director Chopra 

hosted other roundtables in 2021 with 

consumer groups that pertained to fair 

lending-related issues. 

Throughout 2021, numerous other 

engagements centered around racial and 

economic equity issues; COVID–19 

impacts on consumers; traditional and 

digital redlining, to include algorithmic 

bias issues; special purpose credit 

programs; the section 1071 rulemaking 

governing small business lending data 

collection and reporting; HMDA; 

agricultural and rural lending; student 

lending; and credit reporting. 

3.1.3 Website Updates 

On September 1, 2021, the CFPB 

launched a new landing page for small 

business owners and entrepreneurs. 

Titled, ‘‘Shining a light on small 

business lending,’’ the landing page 

highlights statistics about small 

businesses and provides numerous 

resources on how to start and grow a 

small business for small business 

owners and entrepreneurs. The landing 

page also has information about lending 

discrimination and how ECOA protects 

small businesses, including minorityowned and women-owned businesses, 

against discrimination. The page also 

provides a way for small business 

owners and entrepreneurs to 

communicate directly with the CFPB 

with a ‘‘Share your small business 

story’’ portal. This portal allows small 

business owners to share their 

experiences with trying to get a small 

business loan. In conjunction with 

broader small business lending data 

collection rulemaking efforts (see 

section 2.1.1), this information will help 

inform the CFPB’s work to protect small 

business owners and create a fairer 

marketplace. The web page is available 

at: consumerfinance.gov/about-us/ 

small-business-lending. 

In a call to action targeted at tech 

workers such as engineers, data 


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60Consumer Fin. Prot. Bureau, Request for 

Information and Comment on Financial 

Institutions’ Use of Artificial Intelligence, including 

Machine Learning (May 17, 2021), https://

files.consumerfinance.gov/f/documents/cfpb_ai-rfi_

frn_2021-03.pdf. 

61Consumer Fin. Prot. Bureau, Request for 

Information Regarding the HMDA Rule Assessment 

(Nov. 16, 2021), https://files.consumerfinance.gov/ 

f/documents/cfpb_hmda-rule-assessment_rfi_2021- 

11.pdf. 

62Consumer Fin. Prot. Bureau, Order To File 

Information On Payments Products (Oct. 21, 2021), 

https://www.consumerfinance.gov/about-us/ 

newsroom/cfpb-orders-tech-giants-to-turn-overinformation-on-their-payment-system-plans/. 

63Consumer Fin. Prot. Bureau, 2020 HMDA Data 

on Mortgage Lending Now Available (Mar. 31, 

2021), https://www.consumerfinance.gov/about-us/ 

newsroom/2020-hmda-data-on-mortgage-lendingnow-available/. 

64Consumer Fin. Prot. Bureau, FFIEC Announces 

Availability of 2020 Data on Mortgage Lending 

(June 17, 2021), https://www.consumerfinance.gov/ 

about-us/newsroom/ffiec-announces-availability-of2020-data-on-mortgage-lending/. 

65Consumer Fin. Prot. Bureau, A Brief Note on 

General Lending Patterns of Small to Medium Size 

Closed-end HMDA Reporters (June 14, 2021), 

https://files.consumerfinance.gov/f/documents/ 

cfpb_general-lending-patterns-hmda-reporters_

report_2021-06.pdf. 

66The analysis in this report is necessarily 

limited and preliminary and is not an assessment 

by the CFPB as to the effectiveness of the thresholds 

Continued 

scientists, and others having detailed 

knowledge of algorithms and 

technologies used by industry, on 

December 15, 2021, the CFPB 

announced that the whistleblower web 

page was redesigned. This redesign 

better supports the CFPB’s mission in a 

rapidly evolving consumer financial 

market, which ensures that all credible 

tips, including those that involve 

technology or implicate fair lending, 

receive appropriate analysis and 

investigation. The web page is available 

at: https://www.consumerfinance.gov/ 

enforcement/information-industrywhistleblowers/. 

In May of 2021, the CFPB launched a 

new racial equity landing page as a 

resource and repository of racial equity 

content. The page includes information 

about the pandemic’s effects on 

underserved communities, housing 

insecurity issues, as well as the CFPB’s 

responsive work in these areas. This 

web page is a resource for individuals, 

advocates, and others. The web page is 

available at: https://www.consumer

finance.gov/about-us/racial-equity. 

Throughout 2021, the CFPB 

continued to manage an interagency 

housing portal which serves as a 

repository of resources for homeowners, 

renters, and landlords, available in 

seven languages. The portal includes a 

rental assistance finder, which helps 

renters locate and contact organizations 

that may be able to provide support for 

COVID–19 related rent shortfalls, past 

due utility bills, and moving expenses. 

The portal also provides resources for 

those who may have lost their housing. 

The web page is available at: https://

www.consumerfinance.gov/coronavirus/ 

mortgage-and-housing-assistance/. 

3.2 Seeking Information 

3.2.1 Requests for Information 

On March 29, 2021, the CFPB, the 

OCC, the FRB, the FDIC, and the NCUA 

published an RFI seeking information 

from the public on how financial 

institutions use AI in their activities, 

including fraud prevention, 

personalization of customer services, 

credit underwriting, and other 

operations. More specifically, the RFI 

sought comments to better understand 

the use of AI, including machine 

learning, by financial institutions; 

appropriate governance, risk 

management, and controls over AI; and 

challenges in developing, adopting, and 

managing AI. On May 17, 2021, the 

agencies announced that they extended 

the comment period on the RFI.60 The 

comment period closed on July 1, 2021. 

On November 16, 2021, the CFPB 

issued an RFI seeking input on rules 

implementing HMDA in order to 

conduct an assessment of the 2015 

HMDA Rule and related amendments.61

The CFPB requested public comment on 

its plans for the assessment as well as 

certain recommendations and 

information that may be useful in 

conducting the planned assessment. The 

RFI specifically sought information on 

institutional and transactional coverage; 

data points; benefits of the new data and 

disclosure requirements; and 

operational and compliance costs. 

3.2.2 HMDA Tech Sprint: Improving 

HMDA Data Submissions and 

Publishing 

On March 22–26, 2021, the CFPB held 

its second tech sprint which focused on 

improvements to submitting and 

publishing HMDA data. Participants in 

this tech sprint were invited to help 

create additional tools for users on the 

HMDA Platform and to develop and 

document HMDA Platform Applicant 

Programming Interfaces, known as the 

‘‘Publications Track.’’ Alternatively, 

participants were able to develop 

additional enhancements to HMDA data 

products and services, or new ways to 

interact with existing products, data 

analysis capabilities, or interfaces to 

other datasets, known as the 

‘‘Submissions Track.’’ Seventeen teams 

participated during the tech sprint, 

which concluded with a demonstration 

day where each team presented their 

resulting innovations to a panel of 

experts who reviewed them on 

creativity and innovation; effectiveness 

and impact; and market readiness. 

Recordings of the team presentations 

are available at: https://www.consumer

finance.gov/rules-policy/innovation/ 

cfpb-tech-sprints/home-mortgagedisclosure-act-tech-sprint/. 

3.2.3 Big Tech Orders 

On October 21, 2021, the CFPB issued 

a series of orders pursuant to section 

1022(c)(4) of the CFPA to large 

technology companies (Big Tech) 

operating payments systems to collect 

information on their business 

practices.62 This information will help 

the CFPB better understand how these 

firms use personal payments data and 

manage data access to users so the CFPB 

can ensure adequate consumer 

protection. Specifically, the orders 

sought information on data harvesting 

and monetization, access restriction and 

user choice, and other consumer 

protections. 

3.3 Data and Reports 

3.3.1 Availability of 2020 HMDA Data 

The HMDA data are the most 

comprehensive publicly available 

information on mortgage market 

activity. The data are used by consumer 

groups, regulators, industry, and others 

to assess potential fair lending risks and 

for other purposes. 

On March 31, 2021, the CFPB 

announced the availability of the 2020 

HMDA modified loan application 

register data on the FFIEC’s HMDA 

Platform for approximately 4,400 

HMDA filers.63 These published data 

contain loan-level information filed by 

financial institutions, modified to 

protect privacy. 

On June 17, 2021, the FFIEC 

announced the availability of additional 

data on 2020 mortgage lending 

transactions at 4,475 financial 

institutions reported under HMDA.64

This data included a total of 48 data 

points providing information about the 

applicants, the property securing the 

loan or proposed to secure the loan in 

the case of non-originated applications, 

the transaction, and identifiers. 

3.3.2 A Brief Note on General Lending 

Patterns of Small to Medium Size 

Closed-End HMDA Reporters 

The CFPB released a report analyzing 

differences in lending patterns for 

lenders below and above the 100-loan 

closed-end threshold set by the 2020 

HMDA rule.65 Released on June 14, 

2021, the report, though preliminary,66


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change in meeting HMDA’s objectives. Additional 

analysis is needed to better understand these 

findings and to explore the impact of the threshold 

changes on data available for specific markets. 

67Consumer Fin. Prot. Bureau, Data Point: Asian 

American and Pacific Islanders in the Mortgage 

Market (July 1, 2021), https://www.consumer

finance.gov/documents/9852/cfpb_aapi-mortgagemarket_report_2021-07.pdf. 

68Consumer Fin. Prot. Bureau, Data Point: 2020 

Mortgage Market Activity and Trends (Aug. 19, 

2021), https://www.consumerfinance.gov/ 

documents/10009/cfpb_2020-mortgage-marketactivity-trends_report_2021-08.pdf. 

69Consumer Fin. Prot. Bureau, Manufactured 

Housing Finance: New Insights from the Home 

Mortgage Disclosure Act Data (Aug. 19, 2021), 

https://www.consumerfinance.gov/documents/ 

9806/cfpb_manufactured-housing-finance-newinsights-hmda_report_2021-05.pdf. 

70Consumer Fin. Prot. Bureau, Housing insecurity 

and the COVID–19 pandemic (Mar. 1, 2021), 

https://www.consumerfinance.gov/documents/ 

9512/cfpb_Housing_insecurity_and_the_COVID-19_

pandemic.pdf. 

71Consumer Fin. Prot. Bureau, Characteristics of 

Mortgage Borrowers During the COVID–19 

Pandemic (May 4, 2021), https://www.consumer

finance.gov/documents/9695/cfpb_characteristicsmortgage-borrowers-during-covid-19-pandemic_

report_2021-05.pdf. 

found some differences in lending 

patterns for lenders above and below the 

threshold. In general, those lenders 

newly exempted under the 2020 HMDA 

Rule (i.e., with annual origination 

volumes that exceed the 25-loan 

threshold but fall below the 100-loan 

threshold) do not appear to be more or 

less likely to lend to Black and nonwhite Hispanic borrowers than larger 

volume lenders. There is some evidence 

that these lenders might be more likely 

to lend to non-natural persons, i.e., 

trusts, corporations or partnerships. The 

analysis also suggests that a higher 

percentage of their loans are secured by 

properties in low-to-moderate income 

census tracts, properties in rural areas, 

second liens, and investment properties. 

Their borrowers also appear to have 

higher incomes than larger lenders’ 

borrowers as well. 

Data Point: Asian Americans and Pacific 

Islanders in the Market 

On July 1, 2021, the CFPB released a 

report examining the differences in 

mortgage characteristics within the 

Asian American and Pacific Islanders 

(AAPI) population.67 The ‘‘Model 

Minority myth’’ characterizes this 

expansive demographic group as a 

monolithic group, with uniform high 

achievement and high income, 

relatively untouched by racial and 

ethnic discrimination. Using the 2020 

HMDA data, the report found that 

borrowers who identified their AAPI 

subgroup as Asian Indian or Chinese 

paid lower interest rates than nonHispanic white borrowers. In contrast, 

Hawaiian or Pacific Islanders (HoPIs), as 

a group, paid higher interest rates and 

loan costs when compared to other 

Asian borrowers, with considerable 

variation within subgroups of HoPIs. 

Denial rates varied across AAPI 

subgroups, with some subgroups and 

HoPIs being denied at rates similar to 

denial rates for Black and Hispanic 

white borrowers, further challenging the 

myth that the AAPI population does not 

experience racial and ethnic 

discrimination in the mortgage market. 

Even though AAPIs, on average, had 

lower interest rates, homeownership 

rates generally lag those of non-Hispanic 

whites. This lag in homeownership, as 

well as the variability in denial rates 

and loan costs, could have implications 

for the ability of AAPI communities to 

build wealth and stability. 

Data Point: 2020 Mortgage Market 

Activity and Trends 

On August 19, 2021, the CFPB 

released a report on residential mortgage 

lending trends.68 The report found that 

the total number of closed-end 

originations as well as applications 

increased substantially between 2019 

and 2020. Most of the increase was 

driven by the refinance boom observed 

in 2020. The report also notes that, 

while the number of financial 

institutions reporting 2020 HMDA data 

declined compared to 2019, the number 

of closed-end records in 2020 increased 

compared to the previous year. While 

mortgage activity generally increased, 

year over year, significant differences 

between demographic groups persisted, 

including higher interest rates and 

denials among Black and Hispanic 

consumers in the mortgage market. 

Manufactured Housing Finance: New 

Insights From HMDA Data Report 

On May 27, 2021, the CFPB released 

a report examining the differences 

between mortgage loans for site-built 

homes, mortgage loans for manufactured 

homes (referred to as ‘‘MH mortgages’’), 

and chattel loans for manufactured 

homes.69 Comparison of these three 

financing types finds that borrowers 

with chattel loans face higher denial 

rates when applying for financing than 

manufactured housing mortgage and 

site-built borrowers. When they do get 

a loan, these borrowers pay higher 

interest rates than their MH mortgage 

and site-built counterparts and are also 

less likely to refinance. Analysis shows 

that Black, Hispanic, and American 

Indian and Alaska Native borrowers are 

more likely to get chattel loans than 

their non-Hispanic white counterparts, 

even when controlling for land 

ownership. Additionally, the market for 

MH lending—and chattel in particular— 

is more concentrated among relatively 

few lenders than the market for 

mortgages on site-built homes. 

Updated Data From National Survey of 

Mortgage Originations 

On July 29, 2021, the CFPB and the 

FHFA published updated loan-level 

data for public use collected through the 

National Survey of Mortgage 

Originations. The data provide insights 

into borrowers’ experiences obtaining 

residential mortgages. 

COVID–19 Special Issue Briefs 

As a result of the COVID–19 

pandemic’s uneven impacts among 

individuals and markets, the CFPB 

released numerous COVID–19 Special 

Issue Briefs analyzing different 

consumer and market segments. Two 

such reports explored and summarized 

the impacts on the renters and 

homeowners: Housing insecurity and 

the COVID–19 pandemic and 

Characteristics of Mortgage Borrowers 

During the COVID–19 Pandemic. Issued 

March 1, 2021, Housing insecurity and 

the COVID–19 pandemic summarized 

some of the relevant data and research 

on the impact of the pandemic on the 

rental and mortgage market, and 

particularly its impact on low income 

and minority households.70 This report 

found that as of December 2020, 11 

million renter and homeowner 

households were significantly overdue 

on their regular housing payments, 

placing them at heightened risk of 

losing their homes to foreclosure or 

eviction. Black and Hispanic 

households were more than twice as 

likely to report being behind on their 

payments than white households. 

Another Special Issue Brief, 

Characteristics of Mortgage Borrowers 

During the COVID–19 Pandemic, was 

released on May 4, 2021.71 This report 

explored the characteristics, including 

demographics, of mortgage borrowers in 

forbearance or delinquent during the 

COVID–19 pandemic. The report used 

data from the National Mortgage 

Database, which is a random 1-in-20 

sample of closed-end first-lien 

mortgages in the United States, as 

reported through March 2021. The data 

showed that a significant share of these 

borrowers were minorities, lived in 

majority-minority tracts, and lived in 

relatively lower-income areas. Many of 

these borrowers also may be singleincome households, making it more 

difficult for them to recover from 

income shocks. A significant share of 


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72 During the reporting period, the Bureau served 

as vice chair of the ASC. 

73The Appraisal Subcommittee includes the 

FFIEC agencies, HUD, and the FHFA. 

74Additional activity has occurred regarding this 

issue since the end of this reporting period: On 

March 23, 2022, the PAVE taskforce released its 

final report. The report is available at: https://

pave.hud.gov/sites/pave.hud.gov/files/documents/ 

PAVEActionPlan.pdf. 75 15 U.S.C. 1691f. 

borrowers also showed distress in terms 

of non-mortgage products. 

3.4 Interagency Engagement 

Seeking to address current and 

emerging fair lending risks, the CFPB 

regularly coordinates with other 

Federal, State, tribal, county, municipal, 

and international government entities, 

policymakers, and the organizations that 

represent them. Through numerous 

interagency organizations and 

taskforces, the CFPB coordinated its 

2021 fair lending regulatory, 

supervisory, and enforcement activities 

to promote consistent, efficient, and 

effective enforcement of Federal fair 

lending laws. 

The CFPB, along with the Federal 

Trade Commission (FTC), HUD, FDIC, 

FRB, NCUA, OCC, DOJ, and FHFA, 

constitute the Interagency Task Force on 

Fair Lending. This Task Force meets 

regularly to discuss fair lending 

enforcement efforts, share current 

methods of conducting supervisory and 

enforcement fair lending activities, and 

coordinate fair lending policies. The 

FDIC is currently the Chair of this Task 

Force. 

Through the FFIEC the CFPB has 

robust engagements with other partner 

agencies that focus on fair lending 

issues. For example, throughout the 

reporting period, the CFPB has chaired 

the HMDA/Community Reinvestment 

Act (CRA) Data Collection 

Subcommittee, a subcommittee of the 

FFIEC Task Force on Consumer 

Compliance. This subcommittee 

oversees FFIEC projects and programs 

involving HMDA data collection and 

dissemination, the preparation of the 

annual FFIEC budget for processing 

services, and the development and 

implementation of other related HMDA 

processing projects as directed by this 

Task Force. 

The CFPB also participates in the 

Interagency Working Group on Fair 

Lending Enforcement, a standing 

working group of Federal agencies— 

with the DOJ, HUD, and FTC—that 

meets regularly to discuss issues 

relating to fair lending enforcement. The 

agencies use these meetings to also 

discuss fair lending developments and 

trends, methodologies for evaluating fair 

lending risks and violations, and 

coordination of fair lending enforcement 

efforts. 

The CFPB is also a member of the 

FFIEC’s Appraisal Subcommittee (ASC) 

that provides Federal oversight of State 

appraiser and appraisal management 

company regulatory programs, and a 

monitoring framework for The 

Appraisal Foundation and the Federal 

Financial Institutions Regulatory 

Agencies in their roles to protect 

Federal financial and public policy 

interests in real estate appraisals 

utilized in federally related 

transactions.72 The ASC responsibilities 

include promoting fairness and equity 

in valuations.73

The CFPB engaged with other 

agencies on issues of bias in home 

appraisals through the Property 

Appraisal and Valuation Equity (PAVE) 

Taskforce.74 The PAVE Task Force is 

chaired by HUD Secretary Marcia Fudge 

and Assistant to the President for 

Domestic Policy and Director of the 

Domestic Policy Council, Ambassador 

Susan Rice. This Task Force also 

includes cabinet-level leaders from 

executive departments and additional 

members from independent agencies, 

including the CFPB. 

In addition to these established 

interagency organizations, CFPB 

personnel meet regularly with agency 

personnel, including with DOJ, HUD, 

FTC, FHFA, State Attorneys General, 

and the prudential regulators to 

coordinate and discuss the CFPB’s fair 

lending work. 

4. Amicus Program and Other 

Litigation 

The CFPB files amicus, or ‘‘friend-ofthe-court,’’ briefs in significant court 

cases concerning Federal consumer 

financial protection laws, including 

cases involving ECOA. These briefs 

provide courts with the CFPB’s views 

and help ensure that consumer financial 

protection statutes are correctly and 

consistently interpreted. 

In 2021, the CFPB and the DOJ, FRB, 

and FTC filed an amicus brief in Fralish 

v. Bank of America, a case in which an 

individual consumer sued his bank for 

closing his credit card account without 

providing an explanation mandated by 

ECOA. In its defense, Bank of America 

argued that ECOA only applies when 

people are applying for credit. The 

CFPB’s jointly filed brief explains that 

Bank of America’s argument is wrong, 

contradicted by the language and 

history of the law. ECOA’s crucial 

protections against credit discrimination 

do not disappear the moment that credit 

is extended. Instead, ECOA shields 

existing borrowers from discrimination 

in all aspects of a credit arrangement 

and gives consumers the right to an 

explanation when their application for 

credit is denied, or when an existing 

account is terminated, or its terms are 

unfavorably changed. These ‘‘adverse 

action notices’’ discourage 

discrimination and help educate 

consumers about the reasons for a 

creditor’s decision. Like ECOA’s core 

ban on discrimination, this requirement 

applies to current borrowers as well as 

those seeking credit. Information 

regarding the CFPB’s amicus program, 

including a description of previously 

filed amicus briefs, is available on the 

CFPB’s website, at www.consumer

finance.gov/policy-compliance/amicus/. 

In August 2020, the CFPB was sued in 

the U.S. District Court for the District of 

Columbia by the National Community 

Reinvestment Coalition, et al., over the 

CFPB’s final rule amending Regulation 

C to raise the loan-volume coverage 

thresholds for financial institutions 

reporting data under HMDA (the 2020 

HMDA rule). The Plaintiffs argue that 

the 2020 HMDA rule violates the 

Administrative Procedure Act. This 

litigation is ongoing. 

In 2019, the CFPB was sued in the 

U.S. District Court for the Northern 

District of California by the California 

Reinvestment Coalition, et al., regarding 

the CFPB’s obligation to issue rules 

implementing section 1071. In February 

2020, the court approved a stipulated 

settlement agreement. Among other 

things, the settlement agreement also 

provides a process for setting 

appropriate deadlines for the issuance 

of a proposed and final rule 

implementing section 1071. The CFPB 

has made significant progress with this 

rulemaking, including timely issuing a 

notice of proposed rulemaking. For a 

comprehensive update on 1071 activity, 

see section 2.1.1 of this report. 

5. Interagency Reporting on ECOA and 

HMDA 

The CFPB is statutorily required to 

file a report to Congress annually 

describing the administration of its 

functions under ECOA, summarizing 

public enforcement actions taken by 

other agencies with administrative 

enforcement responsibilities under 

ECOA, and providing an assessment of 

the extent to which compliance with 

ECOA has been achieved.75 In addition, 

the CFPB’s annual HMDA reporting 

requirement calls for the CFPB, in 

consultation with HUD, to report 

annually on the utility of HMDA’s 


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76 12 U.S.C. 2807. 77Collectively, the Board of Governors of the 

Federal Reserve System (FRB), the Federal Deposit 

Insurance Corporation (FDIC), the National Credit 

Union Administration (NCUA), the Office of the 

Comptroller of the Currency (OCC), and the Bureau 

of Consumer Financial Protection (Bureau) 

comprise the Federal Financial Institutions 

Examination Council (FFIEC). The State Liaison 

Committee was added to FFIEC in 2006 as a voting 

member. Federal Financial Institutions Examination 

Council, http://www.ffiec.gov (last visited Mar. 30, 

2021). 

78The Grain Inspection, Packers and Stockyards 

Administration (GIPSA) was eliminated as a standalone agency within USDA in 2017. The functions 

previously performed by GIPSA have been 

incorporated into the Agricultural Marketing 

Service (AMS), and ECOA reporting comes from the 

Packers and Stockyards Division, Fair Trade 

Practices Program, AMS. 

79 15 U.S.C. 1691c. 

requirement that covered lenders 

itemize certain mortgage loan data.76

5.1 Reporting on ECOA Enforcement 

The enforcement and compliance 

efforts and assessments made by the 

eleven agencies assigned enforcement 

authority under section 704 of ECOA are 

discussed in this section, as reported by 

the agencies. 

BILLING CODE 4810–AM–P 


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TABLE 1: FFIEC AGENCIES WITH ADMINISTRATIVE ENFORCEMENT OF ECOA77 

Bureau of 

Consumer 

Financial 

Protection 

(CFPB) 

Federal 

Deposit 

Insurance 

Corporation 

(FDIC) 

Federal 

Reserve 

Board (FRB) 

National Office of the 

Credit Union Comptroller 

Administrati of the 

on (NCUA) Currency 

(OCC) 

TABLE 2: NON-FFIEC AGENCIES WITH ADMINISTRATIVE ENFORCEMENT OF ECOA 

Agricultural Marketing Service 

(AMS) of the U.S. Department 

of Agriculture (USDA)78 

Federal Trade Commission 

(FTC) 

Department of 

Transportation 

(DOT) 

Securities and 

Exchange 

Commission 

(SEC) 

Farm Credit Administration 

(FCA) 

Small Business 

Administration (SBA)79 
Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Notices 29129 

80At the same time, pursuant to the FHA, the 

OCC issued a consent order with Trustmark, which 

imposed a $4 million civil money penalty for failing 

to provide equal access to residents seeking 

mortgage loans in majority minority census tracts 

and high minority census tracts in the Memphis 

MSA during the period 2014–2016. 

81 12 CFR 1002.4(a). 

82 12 CFR 1002.7 (d)(1). 

83 12 CFR 1002.7 (d)(1). 

84 12 CFR 1002.4(a). 

85 12 CFR 1002.5(b)–(d). 

86 12 CFR 1002.5(b). 

87 12CFR 1002.6(b)(8). 

88 12 CFR 1002.6(b)(9). 

89 12 CFR 1002.9(a)(2); 1002.9(b)(2). 

90 12 CFR 1002.9(a)(2); 1002.9(b)(2); 1002.9(c). 

91 12 CFR 1002.9(a)(1)(i); 1002.9(b)(1); 

1002.9(b)(2). 

92 12 CFR 1002.9(a)(1)(i); (a)(2). 

93 12 CFR 1002.9(a)(1);1002.9(b). 

BILLING CODE 4810–AM–C 

5.1.1 Public Enforcement Actions 

In 2021, of the Federal agencies with 

ECOA enforcement authority, only the 

CFPB, together with DOJ, brought public 

enforcement actions for violations of 

ECOA. 

In October of 2021, the CFPB, together 

with DOJ, brought a public enforcement 

action in Federal district court in the 

Western District of Tennessee against 

Trustmark, headquartered in Jackson, 

Mississippi. The joint complaint alleged 

that Trustmark engaged in unlawful 

discrimination against applicants and 

prospective applicants, including by 

redlining majority Black and Hispanic 

communities, and engaged in acts and 

practices directed at prospective 

applicants that would discourage 

prospective applicants from applying 

for credit in violation of ECOA and 

Regulation B.80

Additionally, on September 8, 2021, 

the CFPB brought a public enforcement 

action in Northern District of California 

against LendUp Loans, LLC. In addition 

to other violations of consumer 

protection laws, the CFPB alleged that 

LendUp failed to timely issue required 

adverse-action notices and failed to 

provide accurate denial reasons on its 

adverse-action notices to thousands of 

loan applicants, in violation of ECOA 

and Regulation B. 

Both the Trustmark and LendUp 

actions are described further in section 

1.2.1 of this report. 

5.1.2 Number of Institutions Cited for 

ECOA/Reg B Violations 

In 2021, the FFIEC agencies reported 

citing 198 institutions with violations of 

ECOA and/or Regulation B. 

5.1.3 Violations Cited During ECOA 

Examinations 

Among institutions examined for 

compliance with ECOA and Regulation 

B, the FFIEC agencies reported that the 

most frequently cited violations were as 

follows: 

TABLE 3—REGULATION B VIOLATIONS CITED BY FFIEC AGENCIES, 2021 

Regulation B violations: 2021 FFIEC agencies reporting 

12 CFR 1002.4(a), 1002.7(d)(1): Discrimination .............................................................................

Discrimination on a prohibited basis in a credit transaction; improperly requiring the signature of 

the applicant’s spouse or other person. 

NCUA,81 FRB,82 OCC,83 CFPB.84

12 CFR 1002.5(b), 12 CFR 1002.5(c), 12 CFR 1002.5(d): Inquiring about protected class ..........

Inquiring about the race, color, religion, national origin, or sex of an applicant or any other person in connection with a credit transaction, except as permitted in §§ 1002.5(b)(1) and (b)(2), 

or 1002.8 in the case of a special purpose credit program; requesting any information concerning an applicant’s spouse or former spouse, except as permitted in § 1002.5(c)(2); requesting the marital status of a person applying for individual, unsecured credit, except as 

permitted in § 1002.5(d)(1) (for credit other than individual, unsecured, a creditor may inquire 

about the applicant’s marital status, but must only use the terms ‘‘married,’’ ‘‘unmarried,’’ and 

‘‘separated’’); inquiring as to whether income stated in an application is derived from alimony, 

child support, or separate maintenance payments, except as permitted in § 1002.5(d)(2); or 

requesting information about birth control practices, intentions concerning the bearing or 

rearing of children, or capability to bear children, except as permitted in § 1002.5(d)(3). 

FDIC,85 CFPB.86

12 CFR 1002.6(b)(8), (b)(9): Specific rules concerning use of information ....................................

Failure to evaluate married and unmarried applicants by the same standards; in evaluating joint 

applicants, a creditor shall not treat applicants differently based on the existence, absence, or 

likelihood of a marital relationship between the parties; a creditor shall not consider race, 

color, religion, national origin, sex (or an applicant’s or other person’s decision not to provide 

the information) in any aspect of a credit transaction. 

NCUA,87 CFPB.88

12 CFR 1002.9(a)(1)(i), (a)(2), (b)(1); (b)(2); (c): Adverse Action ...................................................

Failure to provide notice to the applicant 30 days after receiving a completed application concerning the creditor’s approval of, counteroffer to, or adverse action on the application; failure 

to provide appropriate notice to the applicant 30 days after taking adverse action on an incomplete application; failure to provide sufficient information in an adverse action notification, 

including the specific reasons for the action taken. 

FDIC,89 NCUA,90 OCC,91 FRB,92 CFPB.93

12 CFR 1002.13(a)(1): Information for Monitoring Purposes ..........................................................

Failure to request as part of an application for credit for purchase or refinancing of a dwelling 

occupied or to be occupied by the applicant as a principal residence, where the extension of 

credit will be secured by the dwelling the following information regarding the applicant(s): Ethnicity and race; sex; marital status; and age. 

CFPB. 

12 CFR 1002.14 (a)(1), (a)(2), (a)(3), (a)(4): Appraisals and Valuations .......................................

Failure to provide appraisals and other valuations. 

OCC,94 FDIC.95

Among institutions examined for 

compliance with ECOA and Regulation 

B, the Non-FFIEC agencies reported that 

the most frequently cited violations 

were as follows: 


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29130 Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Notices 

94 12 CFR 1002.14(a)(1); 1002.14(a)(2). 

95 12 CFR 1002.14(a)(1–4). 

96 15 U.S.C. 1691e(g). 

97 Id. 

98 12 U.S.C. 2807. 

TABLE 4—REGULATION B VIOLATIONS CITED BY NON–FFIEC AGENCIES ENFORCING ECOA, 2021 

Regulation B violations: 2021 Non-FFIEC agencies reporting 

12 CFR 1002.9(a)(1)(i): Adverse Action ..........................................................................................

Failure to provide notice to the applicant 30 days after receiving a completed application concerning the creditor’s approval of, counteroffer or adverse action on the application; failure to 

provide sufficient information in an adverse action notification, including the specific reasons 

for the action taken; failure to provide ECOA notice. 

FCA. 

12 CFR 1002.13: Information for monitoring purposes ...................................................................

Failure to obtain information for monitoring purposes. 

FCA. 

The AMS and the SBA reported that 

they received no complaints based on 

ECOA or Regulation B in 2021. The SEC 

had nothing to report. The FTC is an 

enforcement agency and does not 

conduct compliance examinations. 

5.1.4 Referrals to the Department of 

Justice 

The agencies assigned enforcement 

authority under section 704 of ECOA 

must refer a matter to DOJ when there 

is reason to believe that a creditor has 

engaged in a pattern or practice of 

lending discrimination in violation of 

ECOA.96 They also may refer other 

potential ECOA violations to DOJ.97 In 

2021, 3 agencies (FDIC, NCUA, and 

CFPB) made 6 such referrals to DOJ 

involving discrimination in violation of 

ECOA. A brief description of those 

matters follows. 

In 2021, the FDIC referred two fair 

lending matters to DOJ. The first matter 

involved illegal credit discrimination in 

the underwriting of private student 

loans on the prohibited basis of the 

applicant’s race. The second matter 

involved illegal credit discrimination on 

the prohibited basis of race by redlining 

majority Black communities in the 

origination of residential mortgage 

loans. 

NCUA referred two ECOA matters to 

DOJ, both involving discrimination on 

the basis of age. DOJ declined to open 

an independent investigation and 

deferred to NCUA for administrative 

enforcement on both referrals. 

As reported in section 1.2.2 above, in 

2021, the CFPB referred two matters to 

DOJ. The referrals involved 

discrimination in mortgage origination 

policies and mortgage origination 

pricing based on race and national 

origin. 

5.2 Reporting on HMDA 

The CFPB’s annual HMDA reporting 

requirement calls for the CFPB, in 

consultation with HUD, to report 

annually on the utility of HMDA’s 

requirement that covered lenders 

itemize loan data in order to disclose 

the number and dollar amount of certain 

mortgage loans and applications, 

grouped according to various 

characteristics.98 The CFPB, in 

consultation with HUD, finds that 

itemization and tabulation of these data 

furthers the purposes of HMDA. 

6. Conclusion 

Throughout 2021, the CFPB worked to 

ensure that individuals and 

communities had fair, equitable, and 

nondiscriminatory access to credit, in 

accordance with its Congressional 

mandate through supervision and 

enforcement actions, research and 

market monitoring activities, 

rulemaking and guidance, amicus 

activity, and consumer education. 

The CFPB is looking ahead to the 

future of financial services markets, 

which will be increasingly shaped by 

predictive analytics, algorithms, and 

machine learning. While technology 

holds great promise, it can also reinforce 

historical biases that have excluded too 

many Americans from opportunities. 

In particular, the CFPB will be 

sharpening its focus on digital redlining 

and algorithmic bias. As more 

technology platforms, including Big 

Tech firms, influence the financial 

services marketplace, the CFPB will be 

working to identify emerging risks and 

to develop appropriate policy responses. 

The CFPB is committed to protecting 

individuals, small businesses, and 

communities from discrimination, 

holding institutional and individual bad 

actors accountable, and ensuring robust 

and comprehensive ameliorative 

remedies for violations of the laws 

under our jurisdiction. 

APPENDIX A—DEFINED TERMS

AAPI .............................................................. Asian American and Pacific Islanders. 

AMS ............................................................... Agricultural Marketing Service of the U.S. Department of Agriculture. 

AI ................................................................... Artificial Intelligence. 

ASC ............................................................... FFIEC’s Appraisal Subcommittee. 

AVM ............................................................... Automated Valuation Models. 

CARES Act .................................................... Coronavirus Aid, Relief, and Economic Security Act. 

CFPA ............................................................. Consumer Financial Protection Act of 2010. 

CFPB ............................................................. Consumer Financial Protection Bureau. 

CMS ............................................................... Compliance Management System. 

COVID–19 ..................................................... Coronavirus Disease/Pandemic 2019. 

CRA ............................................................... Community Reinvestment Act. 

Dodd-Frank Act ............................................. Dodd-Frank Wall Street Reform and Consumer Protection Act. 

DOJ ............................................................... U.S. Department of Justice. 

DOT ............................................................... U.S. Department of Transportation. 

ECOA ............................................................ Equal Credit Opportunity Act. 

EFTA ............................................................. Electronic Fund Transfer Act. 

FCA ............................................................... Farm Credit Administration. 

FDIC .............................................................. Federal Deposit Insurance Corporation. 

FHA ............................................................... Fair Housing Act. 

FHFA ............................................................. Federal Housing Finance Agency. 


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Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Notices 29131 

APPENDIX A—DEFINED TERMS—Continued 

Federal Reserve Board or FRB .................... Board of Governors of the Federal Reserve System. 

FFIEC ............................................................ Federal Financial Institutions Examination Council—the FFIEC member agencies are the Board of 

Governors of the Federal Reserve System (FRB), the Federal Deposit Insurance Corporation 

(FDIC), the National Credit Union Administration (NCUA), the Office of the Comptroller of the 

Currency (OCC), and the Consumer Financial Protection Bureau (CFPB). The State Liaison 

Committee was added to FFIEC in 2006 as a voting member. 

FIRREA ......................................................... Financial Institutions Reform, Recovery, and Enforcement Act of 1989. 

FTC ................................................................ Federal Trade Commission. 

GIPSA ............................................................ Grain Inspection, Packers and Stockyards Administration of the U.S. Department of Agriculture. 

HMDA ............................................................ Home Mortgage Disclosure Act. 

HoPI ............................................................... Hawaiian or Pacific Islander. 

HUD ............................................................... U.S. Department of Housing and Urban Development. 

LEP ................................................................ Limited English Proficient. 

MH ................................................................. Manufactured Home. 

MSA ............................................................... Metropolitan Statistical Area. 

NCUA ............................................................ National Credit Union Administration. 

NPRM ............................................................ Notice of Proposed Rulemaking. 

OCC ............................................................... Office of the Comptroller of the Currency. 

PAVE ............................................................. Property Appraisal and Valuation Equity. 

PPP ............................................................... Paycheck Protection Program (CARES Act). 

RFI ................................................................. Request for Information. 

SBA ............................................................... Small Business Administration. 

SBREFA ........................................................ Small Business Regulatory Enforcement Fairness Act of 1996. 

SEC ............................................................... Securities and Exchange Commission. 

UDAAP .......................................................... Unfair, Deceptive, or Abusive Acts or Practices. 

USDA ............................................................. U.S. Department of Agriculture. 

Signing Authority 

The Director of the Bureau, Rohit 

Chopra, having reviewed and approved 

this document, is delegating the 

authority to electronically sign this 

document to Laura Galban, a Bureau 

Federal Register Liaison, for purposes of 

publication in the Federal Register. 

Laura Galban, 

Federal Register Liaison, Consumer Financial 

Protection Bureau. 

[FR Doc. 2022–10133 Filed 5–11–22; 8:45 am] 

BILLING CODE 4810–AM–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meeting Notice 

TIME AND DATE: Wednesday, May 11, 

2022, 10:00–11:00 a.m. 

PLACE: This meeting will be held 

remotely. 

STATUS: Commission Meeting—Open to 

the Public. 

MATTERS TO BE CONSIDERED: Briefing 

Matter: FY 2022 Mid-Year Review. 

All attendees should pre-register for 

the Commission meeting using the 

following link and password: https://

cpsc.webex.com/cpsc/onstage/g.php?

MTID=e6ebbcd99bd6215929ac3e

5eb1ca20240. 

Password: 0511. 

After registering you will receive a 

confirmation email containing 

information about joining the meeting. 

CONTACT PERSON FOR MORE INFORMATION: 

Alberta E. Mills, Office of the Secretary, 

U.S. Consumer Product Safety 

Commission, 4330 East-West Highway, 

Bethesda, MD 20814, 301–504–7479 

(Office) or 240–863–8938 (Cell). 

Dated: May 4, 2022. 

Alberta E. Mills, 

Commission Secretary. 

[FR Doc. 2022–09968 Filed 5–5–22; 11:15 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Department of the Air Force 

[Docket ID: USAF–2022–HQ–0003] 

Submission for OMB Review; 

Comment Request 

AGENCY: Department of the Air Force, 

Department of Defense (DoD). 

ACTION: Emergency 5-day information 

collection notice. 

SUMMARY: Consistent with the 

Paperwork Reduction Act of 1995 and 

its implementing regulations, this 

document provides notice that DoD is 

submitting an Information Collection 

Request to the Office of Management 

and Budget (OMB) to develop a 

leadership curriculum that will help 

U.S. Air Force Academy (USAFA) 

produce leaders of character who will 

contribute to a culture of civility as they 

become officers in the USAF. DoD 

requests emergency processing and 

OMB authorization to collect the 

information after publication of this 

notice for a period of six months. 

DATES: Comments must be received by 

May 17, 2022. 

ADDRESSES: The Department has 

requested emergency processing from 

OMB for this information collection 

request by 5 days after publication of 

this notice. Interested parties can access 

the supporting materials and collection 

instrument as well as submit comments 

and recommendations to OMB at 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

5-day Review—Open for Public 

Comments’’ or by using the search 

function. Comments submitted in 

response to this notice will be 

summarized and included in the request 

for OMB approval of this information 

collection. They will also become a 

matter of public record. 

FOR FURTHER INFORMATION CONTACT: 

Angela Duncan, 571–372–7574, or 

whs.mc-alex.esd.mbx.dd-dodinformation-collections@mail.mil. 

SUPPLEMENTARY INFORMATION: This study 

supports the Sexual Assault Prevention 

and Response Office’s (SAPRO) mission 

(and that of the larger U.S. Air Force) to 

work toward an Air Force culture that 

is free of sexual violence. This effort 

will also support completion of USAFA 

SAPRO’s DoD Junior Leader Working 

Groups plan of action and milestones. 

Ultimately, the implementation of the 

adapted curriculum may result in a 

reduced number of sexual assaults and 

enhanced psychological health and 

well-being among Airmen, allowing 

them to remain fit for duty. 


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