124 STAT. 2057 PUBLIC LAW 111–203—JULY 21, 2010 by electronic mail or other form of electronic transmission, or by any other means, and whether or not such application is in response to a solicitation by the financial institution; and ‘‘(2) maintain a record of the responses to such inquiry, separate from the application and accompanying information. ‘‘(c) RIGHT TO REFUSE.—Any applicant for credit may refuse to provide any information requested pursuant to subsection (b) in connection with any application for credit. ‘‘(d) NO ACCESS BY UNDERWRITERS.— ‘‘(1) LIMITATION.—Where feasible, no loan underwriter or other officer or employee of a financial institution, or any affil- iate of a financial institution, involved in making any deter- mination concerning an application for credit shall have access to any information provided by the applicant pursuant to a request under subsection (b) in connection with such applica- tion. ‘‘(2) LIMITED ACCESS.—If a financial institution determines that a loan underwriter or other officer or employee of a finan- cial institution, or any affiliate of a financial institution, involved in making any determination concerning an applica- tion for credit should have access to any information provided by the applicant pursuant to a request under subsection (b), the financial institution shall provide notice to the applicant of the access of the underwriter to such information, along with notice that the financial institution may not discriminate on the basis of such information. ‘‘(e) FORM AND MANNER OF INFORMATION.— ‘‘(1) IN GENERAL.—Each financial institution shall compile and maintain, in accordance with regulations of the Bureau, a record of the information provided by any loan applicant pursuant to a request under subsection (b). ‘‘(2) ITEMIZATION.—Information compiled and maintained under paragraph (1) shall be itemized in order to clearly and conspicuously disclose— ‘‘(A) the number of the application and the date on which the application was received; ‘‘(B) the type and purpose of the loan or other credit being applied for; ‘‘(C) the amount of the credit or credit limit applied for, and the amount of the credit transaction or the credit limit approved for such applicant; ‘‘(D) the type of action taken with respect to such application, and the date of such action; ‘‘(E) the census tract in which is located the principal place of business of the women-owned, minority-owned, or small business loan applicant; ‘‘(F) the gross annual revenue of the business in the last fiscal year of the women-owned, minority-owned, or small business loan applicant preceding the date of the application; ‘‘(G) the race, sex, and ethnicity of the principal owners of the business; and ‘‘(H) any additional data that the Bureau determines would aid in fulfilling the purposes of this section. ‘‘(3) NO PERSONALLY IDENTIFIABLE INFORMATION.—In com- piling and maintaining any record of information under this Records. Determination. Notice. Records.
