Pub. 1 2020 Issue 4

www.cbak.com 14 In Touch DOCUMENTING PANDEMIC RESPONSES FOR CRA CREDIT BY WILLIAM J. SHOWALTER, CRCM, CRP SENIOR CONSULTANT, YOUNG & ASSOCIATES, INC. T he Federal Deposit Insurance Corporation (FDIC), Federal Reserve Board (FRB), and Office of the Comptroller of the Currency (OCC) issued a “Joint Statement on CRA Consideration for Activities in Response to COVID-19” on March 9, 2020. The agencies state that they recognize the potential for the coronavirus disease, COVID-19, to adversely affect the customers and operations of financial institutions. The OCC also issued separate pronouncements about financial institutions documenting their participation in the Small Business Administration’s (SBA) Paycheck Protection Program (PPP). Joint CRA policy statement Consistent with the Joint Statement on CRA Consideration for Activities in Response to COVID-19, the agencies: • Encourage financial institutions to work with affected customers and communities, particularly those that are low- and moderate-income (LMI), and • Clarify that they will provide favorable consideration under the Community Reinvestment Act (CRA) for certain retail banking services, retail lending activities, and community development activities related to this national emergency Banks and thrifts have come up with many ways to continue to serve the financial needs of their communities while dealing with state stay-at-home regimes, as well as implementing prudent measures to deal with health-related concerns. Among the efforts to navigate these difficult times are: • Closing public lobbies, while promoting use of drive-through facilities, ATMs, online banking, mobile applications, and limited lobby access by appointment • Reducing fees and penalties related to customer deposit accounts • Working with borrowers experiencing pandemic-related financial difficulties by modifying or extending their loans or deferring payments • Participating in the SBA’s PPP loan program In order to receive appropriate CRA “credit” for pandemic-related activities to assist their customers and communities, banks and thrifts should be sure to track and document what they have done, who it benefitted, and other relevant information. Extensive narratives are not necessary, but a written record that gives a good picture of what has been done should be kept. The agencies said that the joint statement will be effective through the six-month period after the national emergency declaration is lifted, unless extended by the agencies. The FDIC’s Financial Institution Letter (FIL), with the Joint Statement attached, is available at https://www.fdic.gov/news/ news/financial/2020/fil20019.html. OCC on PPP participation The OCC issued two bulletins in late April regarding loans made by national banks and federal savings associations under the SBA’s Paycheck Protection Program (PPP). OCC Bulletin 2020- 45 rescinded and replaced 2020-44 two days later, and clarified the voluntary nature of documenting bank involvement. The OCC states that the PPP loan program is an important part of the federal COVID-19 response program for small business and may qualify for credit on behalf of banks and thrifts under the CRA. This bulletin is directed to national banks and federal savings associations, but the information may be of interest to, and could benefit, any bank or thrift, regardless of which supervisory agency examines them. While not requiring banks to obtain or maintain information beyond what is generated or exists in the ordinary course of business, the OCC is encouraging banks providing loans under the SBA PPP to: • Prudently document their implementation and lending decisions, and • Identify and track the PPP loans made to small business bor- rowers that have annual revenues of $1 million or less and are located in low- to moderate-income (LMI) areas CBA Associate Member