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12 U.S.C. § 2803 — Maintenance of records and public disclo-

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12 U.S.C. § 2803 — Maintenance of records and public disclo-

§ 2803. Maintenance of records and public disclo- sure (a) Duty of depository institutions; nature and content of information (1) Each depository institution which has a home office or branch office located within a primary metropolitan statistical area, metro- politan statistical area, or consolidated metro- politan statistical area that is not comprised of designated primary metropolitan statistical areas, as defined by the Department of Com- merce shall compile and make available, in ac- cordance with regulations of the Bureau, to the public for inspection and copying at the home office, and at least one branch office within each primary metropolitan statistical area, metro- politan statistical area, or consolidated metro- politan statistical area that is not comprised of designated primary metropolitan statistical areas in which the depository institution has an office the number and total dollar amount of mortgage loans which were (A) originated (or for which the institution received completed appli- cations), or (B) purchased by that institution during each fiscal year (beginning with the last full fiscal year of that institution which imme- diately preceded the effective date of this chap- ter). (2) The information required to be maintained and made available under paragraph (1) shall also be itemized in order to clearly and con- spicuously disclose the following: (A) The number and dollar amount for each item referred to in paragraph (1), by census tracts for mortgage loans secured by property located within any county with a population of more than 30,000, within that primary met- ropolitan statistical area, metropolitan statis- tical area, or consolidated metropolitan sta- tistical area that is not comprised of des- ignated pri

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Page 1463 TITLE 12—BANKS AND BANKING § 2803 1 So in original. Probably should be ‘‘paragraph (5)’’. § 2802. Definitions For purposes of this chapter— (1) the term ‘‘Bureau’’ means the Bureau of Consumer Financial Protection; (2) the term ‘‘mortgage loan’’ means a loan which is secured by residential real property or a home improvement loan; (3) the term ‘‘depository institution’’— (A) means— (i) any bank (as defined in section 1813(a)(1) of this title); (ii) any savings association (as defined in section 1813(b)(1) of this title); and (iii) any credit union, which makes federally related mortgage loans as determined by the Board; and (B) includes any other lending institution (as defined in paragraph (4) 1) other than any institution described in subparagraph (A); (4) the term ‘‘completed application’’ means an application in which the creditor has re- ceived the information that is regularly ob- tained in evaluating applications for the amount and type of credit requested; (5) the term ‘‘other lending institutions’’ means any person engaged for profit in the business of mortgage lending; (6) the term ‘‘Board’’ means the Board of Governors of the Federal Reserve System; and (7) the term ‘‘Secretary’’ means the Sec- retary of Housing and Urban Development. (Pub. L. 94–200, title III, § 303, Dec. 31, 1975, 89 Stat. 1125; Pub. L. 100–242, title V, § 565(a)(1), Feb. 5, 1988, 101 Stat. 1945; Pub. L. 101–73, title XII, § 1211(d), (e), Aug. 9, 1989, 103 Stat. 525; Pub. L. 111–203, title X, § 1094(2), July 21, 2010, 124 Stat. 2097.) Editorial Notes AMENDMENTS 2010—Pub. L. 111–203 added par. (1) and redesignated former pars. (1) to (6) as (2) to (7), respectively. 1989—Par. (2). Pub. L. 101–73, § 1211(d), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘the term ‘depository institution’ means any commercial bank, savings bank, savings and loan asso- ciation, building and loan association, homestead asso- ciation (including cooperative banks) or credit union which makes federally related mortgage loans as deter- mined by the Board, mortgage banking subsidiary of a bank holding company or savings and loan holding company, or savings and loan service corporation that originates or purchases mortgage loans;’’. Pars. (3) to (6). Pub. L. 101–73, § 1211(e), added pars. (3) and (4) and redesignated former pars. (3) and (4) as (5) and (6), respectively. 1988—Par. (2). Pub. L. 100–242 struck out ‘‘or’’ before ‘‘homestead association’’ and inserted before semicolon at end ‘‘, mortgage banking subsidiary of a bank hold- ing company or savings and loan holding company, or savings and loan service corporation that originates or purchases mortgage loans’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the des- ignated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–73, title XII, § 1211(k), Aug. 9, 1989, 103 Stat. 526, provided that: ‘‘The amendments made by this section [amending this section and sections 2803, 2804, 2807, and 2810 of this title] shall apply to each cal- endar year beginning after December 31, 1989.’’ EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–242, title V, § 565(a)(4), Feb. 5, 1988, 101 Stat. 1945, as amended by Pub. L. 100–628, title X, § 1087(a), Nov. 7, 1988, 102 Stat. 3280, provided that: ‘‘The amendments made by this subsection [amending sec- tions 2802, 2803, and 2810 of this title] shall be applicable to the portion of calendar year 1988 that begins August 19, 1988, and to each calendar year beginning after De- cember 31, 1988.’’ § 2803. Maintenance of records and public disclo- sure (a) Duty of depository institutions; nature and content of information (1) Each depository institution which has a home office or branch office located within a primary metropolitan statistical area, metro- politan statistical area, or consolidated metro- politan statistical area that is not comprised of designated primary metropolitan statistical areas, as defined by the Department of Com- merce shall compile and make available, in ac- cordance with regulations of the Bureau, to the public for inspection and copying at the home office, and at least one branch office within each primary metropolitan statistical area, metro- politan statistical area, or consolidated metro- politan statistical area that is not comprised of designated primary metropolitan statistical areas in which the depository institution has an office the number and total dollar amount of mortgage loans which were (A) originated (or for which the institution received completed appli- cations), or (B) purchased by that institution during each fiscal year (beginning with the last full fiscal year of that institution which imme- diately preceded the effective date of this chap- ter). (2) The information required to be maintained and made available under paragraph (1) shall also be itemized in order to clearly and con- spicuously disclose the following: (A) The number and dollar amount for each item referred to in paragraph (1), by census tracts for mortgage loans secured by property located within any county with a population of more than 30,000, within that primary met- ropolitan statistical area, metropolitan statis- tical area, or consolidated metropolitan sta- tistical area that is not comprised of des- ignated primary metropolitan statistical areas, otherwise, by county, for mortgage loans secured by property located within any other county within that primary metropoli- tan statistical area, metropolitan statistical area, or consolidated metropolitan statistical area that is not comprised of designated pri- mary metropolitan statistical areas. (B) The number and dollar amount for each item referred to in paragraph (1) for all such mortgage loans which are secured by property located outside that primary metropolitan statistical area, metropolitan statistical area, or consolidated metropolitan statistical area Page 1464 TITLE 12—BANKS AND BANKING § 2803 that is not comprised of designated primary metropolitan statistical areas. For the purpose of this paragraph, a depository institution which maintains offices in more than one primary metropolitan statistical area, metropolitan statistical area, or consolidated metropolitan statistical area that is not com- prised of designated primary metropolitan sta- tistical areas shall be required to make the in- formation required by this paragraph available at any such office only to the extent that such information relates to mortgage loans which were originated or purchased (or for which com- pleted applications were received) by an office of that depository institution located in the pri- mary metropolitan statistical area, metropoli- tan statistical area, or consolidated metropoli- tan statistical area that is not comprised of des- ignated primary metropolitan statistical areas in which the office making such information available is located. For purposes of this para- graph, other lending institutions shall be deemed to have a home office or branch office within a primary metropolitan statistical area, metropolitan statistical area, or consolidated metropolitan statistical area that is not com- prised of designated primary metropolitan sta- tistical areas if such institutions have origi- nated or purchased or received completed appli- cations for at least 5 mortgage loans in such area in the preceding calendar year. (b) Itemization of loan data Any item of information relating to mortgage loans required to be maintained under sub- section (a) shall be further itemized in order to disclose for each such item— (1) the number and dollar amount of mort- gage loans which are insured under title II of the National Housing Act [12 U.S.C. 1707 et seq.] or under title V of the Housing Act of 1949 [42 U.S.C. 1471 et seq.] or which are guar- anteed under chapter 37 of title 38; (2) the number and dollar amount of mort- gage loans made to mortgagors who did not, at the time of execution of the mortgage, intend to reside in the property securing the mort- gage loan; (3) the number and dollar amount of home improvement loans; (4) the number and dollar amount of mort- gage loans and completed applications involv- ing mortgagors or mortgage applicants grouped according to census tract, income level, racial characteristics, age, and gender; (5) the number and dollar amount of mort- gage loans grouped according to measure- ments of— (A) the total points and fees payable at origination in connection with the mortgage as determined by the Bureau, taking into ac- count 15 U.S.C. 1602(aa)(4); (B) the difference between the annual per- centage rate associated with the loan and a benchmark rate or rates for all loans; (C) the term in months of any prepayment penalty or other fee or charge payable on re- payment of some portion of principal or the entire principal in advance of scheduled pay- ments; and (D) such other information as the Bureau may require; and (6) the number and dollar amount of mort- gage loans and completed applications grouped according to measurements of— (A) the value of the real property pledged or proposed to be pledged as collateral; (B) the actual or proposed term in months of any introductory period after which the rate of interest may change; (C) the presence of contractual terms or proposed contractual terms that would allow the mortgagor or applicant to make pay- ments other than fully amortizing payments during any portion of the loan term; (D) the actual or proposed term in months of the mortgage loan; (E) the channel through which application was made, including retail, broker, and other relevant categories; (F) as the Bureau may determine to be ap- propriate, a unique identifier that identifies the loan originator as set forth in section 5102 of this title; (G) as the Bureau may determine to be ap- propriate, a universal loan identifier; (H) as the Bureau may determine to be ap- propriate, the parcel number that cor- responds to the real property pledged or pro- posed to be pledged as collateral; (I) the credit score of mortgage applicants and mortgagors, in such form as the Bureau may prescribe; and (J) such other information as the Bureau may require. (c) Period of maintenance Any information required to be compiled and made available under this section, other than loan application register information under sub- section (j), shall be maintained and made avail- able for a period of five years after the close of the first year during which such information is required to be maintained and made available. (d) Duration of disclosure requirements Notwithstanding the provisions of subsection (a)(1), data required to be disclosed under this section for 1980 and thereafter shall be disclosed for each calendar year. Any depository institu- tion which is required to make disclosures under this section but which has been making disclo- sures on some basis other than a calendar year basis shall make available a separate disclosure statement containing data for any period prior to calendar year 1980 which is not covered by the last full year report prior to the 1980 calendar year report. (e) Format for disclosures Subject to subsection (h), the Bureau shall prescribe a standard format for the disclosures required under this section. (f) Data disclosure system; operation, etc. The Federal Financial Institutions Examina- tion Council, in consultation with the Sec- retary, shall implement a system to facilitate access to data required to be disclosed under this section. Such system shall include arrange- ments for a central depository of data in each primary metropolitan statistical area, metro- politan statistical area, or consolidated metro- politan statistical area that is not comprised of Page 1465 TITLE 12—BANKS AND BANKING § 2803 1 See References in Text note below. 2 So in original. Two pars. (3) have been enacted. designated primary metropolitan statistical areas. Disclosure statements shall be made available to the public for inspection and copy- ing at such central depository of data for all de- pository institutions which are required to dis- close information under this section (or which are exempted pursuant to section 2805(b) of this title) and which have a home office or branch of- fice within such primary metropolitan statis- tical area, metropolitan statistical area, or con- solidated metropolitan statistical area that is not comprised of designated primary metropoli- tan statistical areas. (g) Exceptions The requirements of subsections (a) and (b) shall not apply with respect to mortgage loans that are— (1) made (or for which completed applica- tions are received) by any mortgage banking subsidiary of a bank holding company or sav- ings and loan holding company or by any sav- ings and loan service corporation that origi- nates or purchases mortgage loans; and (2) approved (or for which completed applica- tions are received) by the Secretary for insur- ance under title I or II of the National Housing Act [12 U.S.C. 1702 et seq., 1707 et seq.]. (h) Submission to agencies (1) In general The data required to be disclosed under sub- section (b) shall be submitted to the Bureau or to the appropriate agency for the institution reporting under this chapter, in accordance with rules prescribed by the Bureau. Notwith- standing the requirement of subsection (a)(2)(A) for disclosure by census tract, the Bu- reau, in consultation with other appropriate agencies described in paragraph (2) and, after notice and comment, shall develop regulations that— (A) prescribe the format for such disclo- sures, the method for submission of the data to the appropriate agency, and the proce- dures for disclosing the information to the public; (B) require the collection of data required to be disclosed under subsection (b) with re- spect to loans sold by each institution re- porting under this chapter; (C) require disclosure of the class of the purchaser of such loans; (D) permit any reporting institution to submit in writing to the Bureau or to the ap- propriate agency such additional data or ex- planations as it deems relevant to the deci- sion to originate or purchase mortgage loans; and (E) modify or require modification of itemized information, for the purpose of pro- tecting the privacy interests of the mort- gage applicants or mortgagors, that is or will be available to the public. (2) Other appropriate agencies The appropriate agencies described in this paragraph are— (A) the appropriate Federal banking agen- cies, as defined in section 1813(q) of this title, with respect to the entities that are subject to the jurisdiction of each such agen- cy, respectively; (B) the Federal Deposit Insurance Corpora- tion for banks insured by the Federal De- posit Insurance Corporation (other than members of the Federal Reserve System), mutual savings banks, insured State branches of foreign banks, and any other de- pository institution described in section 2802(2)(A) 1 of this title which is not other- wise referred to in this paragraph; (C) the National Credit Union Administra- tion Board with respect to credit unions; and (D) the Secretary of Housing and Urban Development with respect to other lending institutions not regulated by the agencies referred to in subparagraph (A) or (B). (3) Rules for modifications under paragraph (1) (A) Application A modification under paragraph (1)(E) shall apply to information concerning— (i) credit score data described in sub- section (b)(6)(I), in a manner that is con- sistent with the purpose described in para- graph (1)(E); and (ii) age or any other category of data de- scribed in paragraph (5) or (6) of subsection (b), as the Bureau determines to be nec- essary to satisfy the purpose described in paragraph (1)(E), and in a manner con- sistent with that purpose. (B) Standards The Bureau shall prescribe standards for any modification under paragraph (1)(E) to effectuate the purposes of this chapter, in light of the privacy interests of mortgage applicants or mortgagors. Where necessary to protect the privacy interests of mortgage applicants or mortgagors, the Bureau shall provide for the disclosure of information de- scribed in subparagraph (A) in aggregate or other reasonably modified form, in order to effectuate the purposes of this chapter. (i) Exemptions (1) Closed-end mortgage loans With respect to an insured depository insti- tution or insured credit union, the require- ments of paragraphs (5) and (6) of subsection (b) shall not apply with respect to closed-end mortgage loans if the insured depository insti- tution or insured credit union originated fewer than 500 closed-end mortgage loans in each of the 2 preceding calendar years. (2) Open-end lines of credit With respect to an insured depository insti- tution or insured credit union, the require- ments of paragraphs (5) and (6) of subsection (b) shall not apply with respect to open-end lines of credit if the insured depository insti- tution or insured credit union originated fewer than 500 open-end lines of credit in each of the 2 preceding calendar years. (3) 2 Required compliance Notwithstanding paragraphs (1) and (2), an insured depository institution shall comply Page 1466 TITLE 12—BANKS AND BANKING § 2803 3 So in original. Probably should be followed by a period. with paragraphs (5) and (6) of subsection (b) if the insured depository institution has received a rating of ‘‘needs to improve record of meet- ing community credit needs’’ during each of its 2 most recent examinations or a rating of ‘‘substantial noncompliance in meeting com- munity credit needs’’ on its most recent exam- ination under section 2906(b)(2) of this title. (3) 2 Exemption from certain disclosure re- quirements The requirements of subsections (b)(4), (b)(5), and (b)(6) shall not apply with respect to any depository institution described in section 2802(3)(A) of this title which has total assets, as of the most recent full fiscal year of such institution, of $30,000,000 or less. (j) Loan application register information (1) In general In addition to the information required to be disclosed under subsections (a) and (b), any de- pository institution which is required to make disclosures under this section shall make available to the public, upon request, loan ap- plication register information (as defined by the Bureau by regulation) in the form required under regulations prescribed by the Bureau. (2) Format of disclosure (A) Unedited format Subject to subparagraph (B), the loan ap- plication register information described in paragraph (1) may be disclosed by a deposi- tory institution without editing or compila- tion and in such formats as the Bureau may require. (B) Protection of applicant’s privacy interest The Bureau shall require, by regulation, such deletions as the Bureau may determine to be appropriate to protect— (i) any privacy interest of any applicant, including the deletion of the applicant’s name and identification number, the date of the application, and the date of any de- termination by the institution with re- spect to such application; and (ii) a depository institution from liabil- ity under any Federal or State privacy law. (C) Census tract format encouraged It is the sense of the Congress that a de- pository institution should provide loan reg- ister information under this section in a for- mat based on the census tract in which the property is located. (3) Change of form not required A depository institution meets the disclo- sure requirement of paragraph (1) if the insti- tution provides the information required under such paragraph in such formats as the Bureau may require 3 (4) Reasonable charge for information Any depository institution which provides information under this subsection may impose a reasonable fee for any cost incurred in repro- ducing such information. (5) Time of disclosure The disclosure of the loan application reg- ister information described in paragraph (1) for any year pursuant to a request under para- graph (1) shall be made— (A) in the case of a request made on or be- fore March 1 of the succeeding year, before April 1 of the succeeding year; and (B) in the case of a request made after March 1 of the succeeding year, before the end of the 30-day period beginning on the date the request is made. (6) Retention of information Notwithstanding subsection (c), the loan ap- plication register information described in paragraph (1) for any year shall be maintained and made available, upon request, for 3 years after the close of the 1st year during which such information is required to be maintained and made available. (7) Minimizing compliance costs In prescribing regulations under this sub- section, the Bureau shall make every effort to minimize the costs incurred by a depository institution in complying with this subsection and such regulations. (k) Disclosure of statements by depository insti- tutions (1) In general In accordance with procedures established by the Bureau pursuant to this section, any depository institution required to make dis- closures under this section— (A) shall make a disclosure statement available, upon request, to the public no later than 3 business days after the institu- tion receives the statement from the Federal Financial Institutions Examination Council; and (B) may make such statement available on a floppy disc which may be used with a per- sonal computer or in any other media which is not prohibited under regulations pre- scribed by the Bureau. (2) Notice that data is subject to correction after final review Any disclosure statement provided pursuant to paragraph (1) shall be accompanied by a clear and conspicuous notice that the state- ment is subject to final review and revision, if necessary. (3) Reasonable charge for information Any depository institution which provides a disclosure statement pursuant to paragraph (1) may impose a reasonable fee for any cost in- curred in providing or reproducing such state- ment. (l) Prompt disclosures (1) In general Any disclosure of information pursuant to this section or section 2809 of this title shall be made as promptly as possible. (2) Maximum disclosure period (A) 6- and 9-month maximum periods Except as provided in subsections (j)(5) and (k)(1) and regulations prescribed by the Bu- Page 1467 TITLE 12—BANKS AND BANKING § 2803 reau and subject to subparagraph (B), any information required to be disclosed for any year beginning after December 31, 1992, under— (i) this section shall be made available to the public before September 1 of the suc- ceeding year; and (ii) section 2809 of this title shall be made available to the public before De- cember 1 of the succeeding year. (B) Shorter periods encouraged after 1994 With respect to disclosures of information under this section or section 2809 of this title for any year beginning after December 31, 1993, every effort shall be made— (i) to make information disclosed under this section available to the public before July 1 of the succeeding year; and (ii) to make information required to be disclosed under section 2809 of this title available to the public before September 1 of the succeeding year. (3) Improved procedure The Federal Financial Institutions Exam- ination Council shall make such changes in the system established pursuant to subsection (f) as may be necessary to carry out the re- quirements of this subsection. (m) Opportunity to reduce compliance burden (1) In general (A) Satisfaction of public availability require- ments A depository institution shall be deemed to have satisfied the public availability re- quirements of subsection (a) if the institu- tion compiles the information required under that subsection at the home office of the institution and provides notice at the branch locations specified in subsection (a) that such information is available from the home office of the institution upon written request. (B) Provision of information upon request Not later than 15 days after the receipt of a written request for any information re- quired to be compiled under subsection (a), the home office of the depository institution receiving the request shall provide the infor- mation pertinent to the location of the branch in question to the person requesting the information. (2) Form of information In complying with paragraph (1), a deposi- tory institution shall provide the person re- questing the information with a copy of the information requested in such formats as the Bureau may require. (n) Timing of certain disclosures The data required to be disclosed under sub- section (b) shall be submitted to the Bureau or to the appropriate agency for any institution re- porting under this chapter, in accordance with regulations prescribed by the Bureau. Institu- tions shall not be required to report new data under paragraph (5) or (6) of subsection (b) be- fore the first January 1 that occurs after the end of the 9-month period beginning on the date on which regulations are issued by the Bureau in final form with respect to such disclosures. (o) Definitions In this section— (1) the term ‘‘insured credit union’’ has the meaning given the term in section 1752 of this title; and (2) the term ‘‘insured depository institution’’ has the meaning given the term in section 1813 of this title. (Pub. L. 94–200, title III, § 304, Dec. 31, 1975, 89 Stat. 1125; Pub. L. 96–399, title III, § 340(a), Oct. 8, 1980, 94 Stat. 1657; Pub. L. 98–181, title I [title VII, § 701(a)], Nov. 30, 1983, 97 Stat. 1266; Pub. L. 100–242, title V, §§ 565(a)(2), 570(h), Feb. 5, 1988, 101 Stat. 1945, 1950; Pub. L. 101–73, title XII, § 1211(a)–(c)(2)(C), (f), (i), (j), Aug. 9, 1989, 103 Stat. 524–526; Pub. L. 102–242, title II, § 212(a)(1), Dec. 19, 1991, 105 Stat. 2299; Pub. L. 102–550, title IX, § 932(a), (b), Oct. 28, 1992, 106 Stat. 3889, 3891; Pub. L. 104–208, div. A, title II, § 2225(b), Sept. 30, 1996, 110 Stat. 3009–416; Pub. L. 111–203, title X, § 1094(1), (3), July 21, 2010, 124 Stat. 2097; Pub. L. 115–174, title I, § 104(a), (c), May 24, 2018, 132 Stat. 1300, 1301.) Editorial Notes REFERENCES IN TEXT For the effective date of this chapter, referred to in subsec. (a)(1), see section 2808 of this title. The National Housing Act, referred to in subsecs. (b)(1) and (g)(2), is act June 27, 1934, ch. 847, 48 Stat. 1246. Titles I and II of the National Housing Act are classified generally to subchapters I (§ 1702 et seq.) and II (§ 1707 et seq.), respectively, of chapter 13 of this title. For complete classification of this Act to the Code, see section 1701 of this title and Tables. The Housing Act of 1949, referred to in subsec. (b)(1), is act July 15, 1949, ch. 338, 63 Stat. 413. Title V of the Housing Act of 1949 is classified generally to subchapter III (§ 1471 et seq.) of chapter 8A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1441 of Title 42 and Tables. Section 2802(2)(A) of this title, referred to in subsec. (h)(2)(B), was redesignated section 2802(3)(A) of this title by Pub. L. 111–203, title X, § 1094(2)(A), July 21, 2010, 124 Stat. 2097. AMENDMENTS 2018—Subsec. (i). Pub. L. 115–174, § 104(a)(2), added sub- sec. (i), consisting of pars. (1) to (3), before par. (3) re- lating to exemption from certain disclosure require- ments, which was formerly designated subsec. (i). Subsec. (i)(3). Pub. L. 115–174, § 104(a)(1), (c), redesig- nated subsec. (i) as par. (3) relating to exemption from certain disclosure requirements, realigned margins, and substituted ‘‘2802(3)(A) of this title’’ for ‘‘2802(2)(A) of this title’’. Subsec. (o). Pub. L. 115–174, § 104(a)(3), added subsec. (o). Subsec. (a)(1). Pub. L. 111–203, § 1094(1), substituted ‘‘Bureau’’ for ‘‘Board’’. Subsec. (b)(4). Pub. L. 111–203, § 1094(3)(A)(i), inserted ‘‘age,’’ before ‘‘and gender’’. Subsec. (b)(5), (6). Pub. L. 111–203, § 1094(3)(A)(ii)–(iv), added pars. (5) and (6). Subsec. (e). Pub. L. 111–203, § 1094(1), substituted ‘‘Bu- reau’’ for ‘‘Board’’. Subsec. (h). Pub. L. 111–203, § 1094(3)(B), added subsec. (h) and struck out former subsec. (h) which related to submission to agencies. Subsec. (i). Pub. L. 111–203, § 1094(3)(C), substituted ‘‘subsections (b)(4), (b)(5), and (b)(6)’’ for ‘‘subsection (b)(4)’’. Page 1468 TITLE 12—BANKS AND BANKING § 2804 Subsec. (j)(1). Pub. L. 111–203, § 1094(1), substituted ‘‘Bureau’’ for ‘‘Board’’ in two places. Subsec. (j)(2)(A). Pub. L. 111–203, § 1094(3)(D)(ii), sub- stituted ‘‘in such formats as the Bureau may require’’ for ‘‘in the format in which such information is main- tained by the institution’’. Subsec. (j)(2)(B). Pub. L. 111–203, § 1094(1), substituted ‘‘Bureau’’ for ‘‘Board’’ in two places. Subsec. (j)(3). Pub. L. 111–203, § 1094(3)(D)(i), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘A depository institution meets the disclosure requirement of paragraph (1) if the insti- tution provides the information required under such paragraph in the form in which the institution main- tains such information.’’ Subsecs. (j)(7), (k)(1), (l)(2)(A). Pub. L. 111–203, § 1094(1), substituted ‘‘Bureau’’ for ‘‘Board’’ wherever appearing. Subsec. (m)(2). Pub. L. 111–203, § 1094(3)(E), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: ‘‘In complying with paragraph (1), a depository institution shall, in the sole discretion of the institution, provide the person requesting the infor- mation with— ‘‘(A) a paper copy of the information requested; or ‘‘(B) if acceptable to the person, the information through a form of electronic medium, such as a com- puter disk.’’ Subsec. (n). Pub. L. 111–203, § 1094(3)(F), added subsec. (n). 1996—Subsec. (m). Pub. L. 104–208 added subsec. (m). 1992—Subsec. (c). Pub. L. 102–550, § 932(b), inserted ‘‘, other than loan application register information under subsection (j),’’ after ‘‘under this section’’. Subsecs. (j) to (l). Pub. L. 102–550, § 932(a), added sub- secs. (j) to (l). 1991—Subsec. (h)(1). Pub. L. 102–242, § 212(a)(1)(A), added par. (1) and struck out former par. (1) which read as follows: ‘‘the Comptroller of the Currency for na- tional banks;’’. Subsec. (h)(3). Pub. L. 102–242, § 212(a)(1)(B), added par. (3) and struck out former par. (3) which read as follows: ‘‘the Federal Deposit Insurance Corporation for banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), mutual savings banks, and any other depository insti- tution described in section 2802(2)(A) of this title which is not otherwise referred to in this paragraph;’’. 1989—Subsec. (a)(1). Pub. L. 101–73, § 1211(c)(1), in- serted ‘‘(or for which the institution received com- pleted applications)’’ after ‘‘originated’’. Subsec. (a)(2). Pub. L. 101–73, § 1211(c)(2)(A), inserted ‘‘(or for which completed applications were received)’’ after ‘‘originated or purchased’’ in last sentence. Pub. L. 101–73, § 1211(f), inserted at end ‘‘For purposes of this paragraph, other lending institutions shall be deemed to have a home office or branch office within a primary metropolitan statistical area, metropolitan statistical area, or consolidated metropolitan statis- tical area that is not comprised of designated primary metropolitan statistical areas if such institutions have originated or purchased or received completed applica- tions for at least 5 mortgage loans in such area in the preceding calendar year.’’ Subsec. (b)(4). Pub. L. 101–73, § 1211(a), added par. (4). Subsec. (e). Pub. L. 101–73, § 1211(i), substituted ‘‘Sub- ject to subsection (h), the Board’’ for ‘‘The Board’’. Subsec. (g)(1). Pub. L. 101–73, § 1211(c)(2)(B), inserted ‘‘(or for which completed applications are received)’’ after ‘‘made’’. Subsec. (g)(2). Pub. L. 101–73, § 1211(c)(2)(C), inserted ‘‘(or for which completed applications are received)’’ after ‘‘approved’’. Subsec. (h). Pub. L. 101–73, § 1211(b), added subsec. (h). Subsec. (i). Pub. L. 101–73, § 1211(j), added subsec. (i). 1988—Subsec. (a)(1). Pub. L. 100–242, § 570(h), sub- stituted ‘‘at least one branch’’ for ‘‘at at least one branch’’. Subsec. (g). Pub. L. 100–242, § 565(a)(2), added subsec. (g). 1983—Subsecs. (a), (f). Pub. L. 98–181 substituted ‘‘pri- mary metropolitan statistical area, metropolitan sta- tistical area, or consolidated metropolitan statistical area that is not comprised of designated primary met- ropolitan statistical areas’’ for ‘‘standard metropolitan statistical area’’ wherever appearing. 1980—Subsec. (a)(1). Pub. L. 96–399, § 340(a)(1), sub- stituted ‘‘Department of Commerce’’ for ‘‘Office of Management and Budget’’. Subsec. (a)(2)(A). Pub. L. 96–399, § 340(a)(2), revised ap- plicable factors so as to include mortgage loans in a census tract, or by a county, and exclude readily avail- able and reasonably costing census tracts, or by ZIP code. Subsecs. (d) to (f). Pub. L. 96–399, § 340(a)(3), added subsecs. (d) to (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the des- ignated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–550, title IX, § 932(c), Oct. 28, 1992, 106 Stat. 3891, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section] shall apply with respect to information disclosed under section 304 of the Home Mortgage Disclosure Act of 1975 [this sec- tion] for any year which ends after the date of the en- actment of this Act [Oct. 28, 1992].’’ EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–73 applicable to each cal- endar year beginning after Dec. 31, 1989, see section 1211(k) of Pub. L. 101–73, set out as a note under section 2802 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 565(a)(2) of Pub. L. 100–242 ap- plicable to the portion of calendar year 1988 that begins Aug. 19, 1988, and to each calendar year beginning after Dec. 31, 1988, see section 565(a)(4) of Pub. L. 100–242, set out as a note under section 2802 of this title. EVALUATION AND REPORT ON FEASIBILITY AND DESIR- ABILITY OF ESTABLISHING A UNIFIED SYSTEM FOR EN- FORCING FAIR LENDING LAWS AND REGULATIONS Evaluation of status and effectiveness of data collec- tion and analysis systems involving fair lending, etc., and report thereof, see section 340(e) of Pub. L. 96–399, set out as a note under section 3305 of this title. § 2804. Enforcement (a) Regulations The Bureau shall prescribe such regulations as may be necessary to carry out the purposes of this chapter. These regulations may contain such classifications, differentiations, or other provisions, and may provide for such adjust- ments and exceptions for any class of trans- actions, as in the judgment of the Bureau are necessary and proper to effectuate the purposes of this chapter, and prevent circumvention or evasion thereof, or to facilitate compliance therewith. (b) Powers of certain other agencies (1) In general Subject to subtitle B of the Consumer Fi- nancial Protection Act of 2010 [12 U.S.C. 5511 et seq.], compliance with the requirements of this chapter shall be enforced—

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12 U.S.C. § 1702 — Short title

This chapter may be cited as the “National Housing Act.”

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12 U.S.C. § 1702 — Administrative provisions

§ 1702. Administrative provisions The powers conferred by this chapter shall be exercised by the Secretary of Housing and Urban Development (hereinafter referred to as the ‘‘Secretary’’). In order to carry out the provi- sions of this subchapter and subchapters II, III, V, VI, VII, VIII, IX–B, and X, the Secretary may establish such agencies, accept and utilize such voluntary and uncompensated services, utilize such Federal officers and employees, and, with the consent of the State, such State and local officers and employees, and appoint such other officers and employees as he may find necessary, and may prescribe their authorities, duties, re- sponsibilities, and tenure and fix their com- pensation. The Secretary may delegate any of the functions and powers conferred upon him under this subchapter and subchapters II, III, V, VI, VII, VIII, IX–B, and X to such officers, agents, and employees as he may designate or appoint, and may make such expenditures (in- cluding expenditures for personal services and rent at the seat of government and elsewhere, for law books and books of reference, and for paper, printing, and binding) as are necessary to carry out the provisions of this subchapter and subchapters II, III, V, VI, VII, VIII, IX–B, and X, without regard to any other provisions of law Page 518 TITLE 12—BANKS AND BANKING § 1702 governing the expenditure of public funds. All such compensation, expenses, and allowances shall be paid out of funds made available by this chapter: Provided, That notwithstanding any other provisions of law except provisions of law hereafter enacted expressly in limitation hereof, all expenses of the Department of Housing and Urban Development in connection with the ex- amination and insurance of loans or inve

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12 U.S.C. § 1707 — Omitted

### Statutory Notes #### Codification Section, which placed restrictions on loans, was from the Independent Offices Appropriation Act, 1953, act July 5, 1952, ch. 578, title III, § 301, 66 Stat. 415, and was not repeated in subsequent appropriation acts. #### Similar Provisions Similar provisions were contained in Aug. 31, 1951, ch. 376, title IV, § 401, 65 Stat. 287.

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12 U.S.C. § 1707 — Definitions

§ 1707. Definitions As used in section 1709 of this title— (a) The term ‘‘mortgage’’ means (A) a first mortgage on real estate, in fee simple, (B) a first mortgage on a leasehold on real estate (i) under a lease for not less than ninety-nine years which is renewable, or (ii) under a lease having a pe- riod of not less than ten years to run beyond the maturity date of the mortgage, or (C) a first mortgage given to secure the unpaid purchase price of a fee interest in, or long-term leasehold interest in, real estate consisting of a one-fam- ily unit in a multifamily project, including a project in which the dwelling units are attached, or are manufactured housing units, semi-de- tached, or detached, and an undivided interest in the common areas and facilities which serve the project; and the term ‘‘first mortgage’’ means such classes of first liens as are com- monly given to secure advances on, or the un- paid purchase price of, real estate, under the laws of the State, in which the real estate is lo- cated, together with the credit instruments, if any, secured thereby. (b) The term ‘‘mortgagee’’ includes the origi- nal lender under a mortgage, and his successors and assigns approved by the Secretary; and the term ‘‘mortgagor’’ includes the original bor- rower under a mortgage and his successors and assigns. (c) The term ‘‘maturity date’’ means the date on which the mortgage indebtedness would be extinguished if paid in accordance with periodic payments provided for in the mortgage. (d) The term ‘‘State’’ includes the several States, and Puerto Rico, the District of Colum- bia, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Vir- gin Islands. (e) The term ‘‘family member’’ means, with re- spect to a mortgagor un

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12 U.S.C. § 2803 — Maintenance of records and public disclosure

**(a) Duty of depository institutions; nature and content of information** (1) Each depository institution which has a home office or branch office located within a primary metropolitan statistical area, metropolitan statistical area, or consolidated metropolitan statistical area that is not comprised of designated primary metropolitan statistical areas, as defined by the Department of Commerce shall compile and make available, in accordance with regulations of the Bureau, to the public for inspection and copying at the home office, and at least one branch office within each primary metropolitan statistical area, metropolitan statistical area, or consolidated metropolitan statistical area that is not comprised of designated primary metropolitan statistical areas in which the depository institution has an office the number and total dollar amount of mortgage loans which were (A) originated (or for which the institution received completed applications), or (B) purchased by that institution during each fiscal year (beginning with the last full fiscal year of that institution which immediately preceded the effective date of this chapter). (2) The information required to be maintained and made available under paragraph (1) shall also be itemized in order to clearly and conspicuously disclose the following: (A) The number and dollar amount for each item referred to in paragraph (1), by census tracts for mortgage loans secured by property located within any county with a population of more than 30,000, within that primary metropolitan statistical area, metropolitan statistical area, or consolidated metropolitan statistical area that is not comprised of designated primary metropolitan statistical areas, otherwise, by county, for mortgage loans secured by property located w

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12 U.S.C. § 5511 — GAO study of financial regulations

**(a) Study** Not later than the end of the 180-day period beginning on the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall conduct a study of financial services regulations, including activities of the Bureau. Such study shall include an analysis of— (1) the impact of regulation on the financial marketplace, including the effects on the safety and soundness of regulated entities, cost and availability of credit, savings realized by consumers, reductions in consumer paperwork burden, changes in personal and small business bankruptcy filings, and costs of compliance with rules, including whether relevant Federal agencies are applying sound cost-benefit analysis in promulgating rules; (2) efforts to avoid duplicative or conflicting rulemakings, including an evaluation of the consultative process under subparagraphs (B) and (C) of [section 5512(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5512/b/2&num=0&edition=prelim), information requests, and examinations; and (3) other matters related to the operations of financial services regulations deemed by the Comptroller General to be appropriate. **(b) Report** Not later than the end of the 30-day period following the completion of a study conducted pursuant to subsection (a), the Comptroller General shall issue a report to the Congress containing a detailed description of all findings and conclusions made by the Comptroller General in carrying out such study, together with such recommendations for legislative or administrative action as the Comptroller General may determine to be appropriate.

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12 U.S.C. § 5511 — Purpose, objectives, and functions

§ 5511. Purpose, objectives, and functions (a) Purpose The Bureau shall seek to implement and, where applicable, enforce Federal consumer fi- nancial law consistently for the purpose of en- suring that all consumers have access to mar- kets for consumer financial products and serv- ices and that markets for consumer financial products and services are fair, transparent, and competitive. (b) Objectives The Bureau is authorized to exercise its au- thorities under Federal consumer financial law for the purposes of ensuring that, with respect to consumer financial products and services— (1) consumers are provided with timely and understandable information to make respon- sible decisions about financial transactions; (2) consumers are protected from unfair, de- ceptive, or abusive acts and practices and from discrimination; (3) outdated, unnecessary, or unduly burden- some regulations are regularly identified and addressed in order to reduce unwarranted reg- ulatory burdens; (4) Federal consumer financial law is en- forced consistently, without regard to the sta- tus of a person as a depository institution, in order to promote fair competition; and (5) markets for consumer financial products and services operate transparently and effi- ciently to facilitate access and innovation. (c) Functions The primary functions of the Bureau are— (1) conducting financial education programs; (2) collecting, investigating, and responding to consumer complaints; (3) collecting, researching, monitoring, and publishing information relevant to the func- tioning of markets for consumer financial products and services to identify risks to con- sumers and the proper functioning of such markets; (4) subject to sections 5514 through 5516 of this title, supervising cover

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15 U.S.C. § 1602 — Definitions and rules of construction

**(a)** The definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. **(b) Bureau.—** The term “Bureau” means the Bureau of Consumer Financial Protection. **(c)** The term “Board” refers to the Board of Governors of the Federal Reserve System. **(d)** The term “organization” means a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. **(e)** The term “person” means a natural person or an organization. **(f)** The term “credit” means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment. **(g)** The term “creditor” refers only to a person who both (1) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and (2) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637(a)(5), 1637(a)(6), 1637(a)(7), 1637(b)(1), 1637(b)(2), 1637(b)(3), 1637(b)(8), and 1637(b)(10) of this title, the term “creditor” shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge

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15 U.S.C. § 1602 — Definitions and rules of construction

§ 1602. Definitions and rules of construction (a) The definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. (b) BUREAU.—The term ‘‘Bureau’’ means the Bureau of Consumer Financial Protection. (c) The term ‘‘Board’’ refers to the Board of Governors of the Federal Reserve System. (d) The term ‘‘organization’’ means a corpora- tion, government or governmental subdivision or agency, trust, estate, partnership, coopera- tive, or association. (e) The term ‘‘person’’ means a natural person or an organization. (f) The term ‘‘credit’’ means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment. Page 1456 TITLE 15—COMMERCE AND TRADE § 1602 (g) The term ‘‘creditor’’ refers only to a person who both (1) regularly extends, whether in con- nection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and (2) is the person to whom the debt arising from the consumer credit trans- action is initially payable on the face of the evi- dence of indebtedness or, if there is no such evi- dence of indebtedness, by agreement. Notwith- standing the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a fi- nance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637(a)(5), 1637(a)(6), 1637(a)(7), 1637(b)(1), 1637(b)(2), 1637(b)(3), 1637(b)(8), and 1637(b)(10) of this title, the term ‘‘creditor’’ shall also include card issuers

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42 U.S.C. § 1471 — Financial assistance by Secretary of Agriculture

**(a) Authorization and purposes of assistance** The Secretary of Agriculture (hereinafter referred to as the “Secretary”) is authorized, subject to the terms and conditions of this subchapter, to extend financial assistance, through the Farmers Home Administration, (1) to owners of farms in the United States and in the Territories of Alaska and Hawaii and in the Commonwealth of Puerto Rico, the Virgin Islands, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands, to enable them to construct, improve, alter, repair, or replace dwellings and other farm buildings on their farms, and to purchase buildings and land constituting a minimum adequate site, in order to provide them, their tenants, lessees, sharecroppers, and laborers with decent, safe, and sanitary living conditions and adequate farm buildings as specified in this subchapter, and (2) to owners of other real estate in rural areas for the construction, improvement, alteration, or repair of dwellings, related facilities, and farm buildings and to rural residents, including persons who reside in reservations or villages of Indian tribes, for such purposes and for the purchase of buildings and the purchase of land constituting a minimum adequate site, in order to enable them to provide dwellings and related facilities for their own use and buildings adequate for their farming operations, and (3) to elderly or handicapped persons or families who are or will be the owners of land in rural areas for the construction, improvement, alteration, or repair of dwellings and related facilities, the purchase of dwellings and related facilities and the purchase of land constituting a minimum adequate site, in order to provide them with adequate dwellings and related facilities for

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