By Leslie Callaway, CRCM, CAFP and Terry Hollinger, CRCM
Q/ Must a bank post its Community Reinvestment Act public file on its website?
A/ As of March 2026, an ABA member bank is not required to post its CRA public file on its website. Banks remain governed by the 1995 CRA regulatory framework because the U.S. District Court for the Northern District of Texas enjoined the 2023 CRA Rule. The injunction applies to all aspects of the 2023 Rule, including the proposed public file web posting requirement.
The Fifth Circuit subsequently stayed the CRA litigation in April 2025 after the banking agencies announced their intention to rescind the 2023 Rule and return to the 1995 regulatory framework. If finalized as proposed, the rescission would eliminate the web posting requirement. In the meantime, the injunction remains in effect, and banks are not required to post their CRA public files on their websites while the agencies work to finalize a rule reverting to the legacy CRA framework. (Response provided April 2026.)
Q/ Do banks have an obligation to search both electronic and paper records pursuant to a Section 314(a) request?
A/ In general, yes, but the obligations may not be identical. A bank’s obligation to respond to requests made pursuant to Section 314(a) of the USA PATRIOT Act depends on the type of record and how it is maintained. Under 31 C.F.R. § 1010.520, a bank must expeditiously search its records to determine whether it maintains or has maintained any account for, or has engaged in any transaction with, each individual, entity or organization named in FinCEN’s 314(a) request.
For accounts, banks must search for current accounts and any account maintained during the prior 12 months, regardless of whether the relevant account records are maintained electronically or in paper form.
For transactions, banks are required to search for only those transactions in the six month transaction look back that are:
- Required by law or regulation to be recorded (for example, certain wire transfers or monetary instrument purchases)
- Or recorded and maintained electronically by the institution
Importantly, paper only transaction records that the bank is not required by law or rule to record are not required to be searched for purposes of a 314(a) request. If a bank exceeds those mandatory requirements and voluntarily chooses to retain certain transaction information solely in paper form, it does not fall within the scope of the mandatory 314(a) search obligation.
That said, banks should familiarize themselves with FinCEN’s 314(a) FAQs, and follow prescribed procedures to contact FinCEN, or the initiator of the 314(a) request, as appropriate, if they have any questions. Bear in mind the strict confidentiality provisions that apply to 314(a) requests, as well as the strict limitations on banks’ permitted uses of information provided by FinCEN under Section 314(a). Section 314(a) subject lists cannot be shared with any foreign office, branch or affiliate, unless the request specifically states otherwise. Although banks are not required by rule to maintain records related to Section 314(a) requests, FinCEN’s 314(a) FAQs recommend banks maintain records to demonstrate that all required searches have been performed, and positive matches that meet the regulatory criteria are reported. Banks may also choose to keep a manual log of Section 314(a) information requests received and of any positive matches identified and reported to FinCEN. If a bank chooses to maintain such records, the bank must maintain the information in a secure and confidential manner. (Response provided April 2026.)
Answers are provided by ABA Regulatory Policy and Compliance team members Leslie Callway, CRCM, CAFP, senior director, compliance outreach and development, and Terry Hollinger, CRCM, senior analyst. Answers do not provide, nor are they substitutions for, professional legal services.
