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12 U.S.C. § 2801 — Congressional findings and declaration of purpose

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 2801 — Congressional findings and declaration of purpose

**(a) Findings of Congress** The Congress finds that some depository institutions have sometimes contributed to the decline of certain geographic areas by their failure pursuant to their chartering responsibilities to provide adequate home financing to qualified applicants on reasonable terms and conditions. **(b) Purpose of chapter** The purpose of this chapter is to provide the citizens and public officials of the United States with sufficient information to enable them to determine whether depository institutions are filling their obligations to serve the housing needs of the communities and neighborhoods in which they are located and to assist public officials in their determination of the distribution of public sector investments in a manner designed to improve the private investment environment. **(c) Construction of chapter** Nothing in this chapter is intended to, nor shall it be construed to, encourage unsound lending practices or the allocation of credit.

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Stable record: federal_law:legal_authorities:record_usc_3ea12edc59f4f092b797b48f
Source file: Laws/federal/codes/united-states-code/title-12/section-2801-congressional-findings-and-declaration-of-purpose--3351d0e144.md
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Source location: Title 12, Chapter 29, § 2801; chapter-029-home-mortgage-disclosure.md

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**(a) Findings of Congress** The Congress finds that some depository institutions have sometimes contributed to the decline of certain geographic areas by their failure pursuant to their chartering responsibilities to provide adequate home financing to qualified applicants on reasonable terms and conditions. **(b) Purpose of chapter** The purpose of this chapter is to provide the citizens and public officials of the United States with sufficient information to enable them to determine whether depository institutions are filling their obligations to serve the housing needs of the communities and neighborhoods in which they are located and to assist public officials in their determination of the distribution of public sector investments in a manner designed to improve the private investment environment. **(c) Construction of chapter** Nothing in this chapter is intended to, nor shall it be construed to, encourage unsound lending practices or the allocation of credit.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1430 — Advances to members

**(a) In general** (1) **All advances** — Each Federal Home Loan Bank is authorized to make secured advances to its members upon collateral sufficient, in the judgment of the Bank, to fully secure advances obtained from the Bank under this section or [section 1431(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1431/g&num=0&edition=prelim). (2) **Purposes of advances** — A long-term advance may only be made for the purposes of— (A) providing funds to any member for residential housing finance; and (B) providing funds to any community financial institution for small businesses, small farms, small agri-businesses, and community development activities. (3) **Collateral** — A Bank, at the time of origination or renewal of a loan or advance, shall obtain and maintain a security interest in collateral eligible pursuant to one or more of the following categories: (A) Fully disbursed, whole first mortgages on improved residential property (not more than 90 days delinquent), or securities representing a whole interest in such mortgages. (B) Securities issued, insured, or guaranteed by the United States Government or any agency thereof (including without limitation, mortgage-backed securities issued or guaranteed by the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Corporation, and the Government National Mortgage Association). (C) Cash or deposits of a Federal Home Loan Bank. (D) Other real estate related collateral acceptable to the Bank if such collateral has a readily ascertainable value and the Bank can perfect its interest in the collateral. (E) Secured loans for small business, agriculture, or community development activities or securities representing a whole interest in such sec

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 3305 — Functions of Council

**(a) Establishment of principles and standards** The Council shall establish uniform principles and standards and report forms for the examination of financial institutions which shall be applied by the Federal financial institutions regulatory agencies. **(b) Making recommendations regarding supervisory matters and adequacy of supervisory tools** (1) The Council shall make recommendations for uniformity in other supervisory matters, such as, but not limited to, classifying loans subject to country risk, identifying financial institutions in need of special supervisory attention, and evaluating the soundness of large loans that are shared by two or more financial institutions. In addition, the Council shall make recommendations regarding the adequacy of supervisory tools for determining the impact of holding company operations on the financial institutions within the holding company and shall consider the ability of supervisory agencies to discover possible fraud or questionable and illegal payments and practices which might occur in the operation of financial institutions or their holding companies. (2) When a recommendation of the Council is found unacceptable by one or more of the applicable Federal financial institutions regulatory agencies, the agency or agencies shall submit to the Council, within a time period specified by the Council, a written statement of the reasons the recommendation is unacceptable. **(c) Development of uniform reporting system** The Council shall develop uniform reporting systems for federally supervised financial institutions, their holding companies, and nonfinancial institution subsidiaries of such institutions or holding companies. The authority to develop uniform reporting systems shall not restrict or amend the requirements of s

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4546 — Public access to mortgage information

**(a) Availability** (1) **In general** — The Director shall make available to the public, in forms useful to the public (including forms accessible by computers), the data submitted by the enterprises in the reports required under [section 1723a(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1723a/m&num=0&edition=prelim) or [section 1456(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1456/e&num=0&edition=prelim). (2) **Census tract level reporting** — Such data shall include the data elements required to be reported under the Home Mortgage Disclosure Act of 1975 [[12 U.S.C. 2801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2801&num=0&edition=prelim) et seq.], at the census tract level. **(b) Access** (1) **Proprietary data** — Except as provided in paragraph (2), the Director may not make available to the public data that the Director determines pursuant to [section 4546 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4546&num=0&edition=prelim) are proprietary information. (2) **Exception** — The Director shall not restrict access to the data provided in accordance with [section 1723a(m)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1723a/m/1/A&num=0&edition=prelim) or [section 1456(e)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1456/e/1/A&num=0&edition=prelim) or with subsection (a)(2). **(c) Fees** The Director may charge reasonable fees to cover the cost of making data available under this section to the public. **(d) Timing** Data submitted under this section by an enterprise in connection

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4561 — Prohibition of public disclosure of proprietary information

**(a) In general** Subject to subsection (d), the Director may, by regulation or order, provide that certain information shall be treated as proprietary information and not subject to disclosure under [section 4543 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4543&num=0&edition=prelim), [section 1723a(n)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1723a/n/3&num=0&edition=prelim), or [section 1456(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1456/f/3&num=0&edition=prelim). **(b) Protection of information on housing activities** The Director shall not provide public access to, or disclose to the public, any information required to be submitted by an enterprise under [section 1723a(n) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1723a/n&num=0&edition=prelim) or [section 1456(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1456/f&num=0&edition=prelim) that the Director determines is proprietary. **(c) Nondisclosure pending consideration** This section may not be construed to authorize the disclosure of information to, or examination of data by, the public or a representative of any person or agency pending the issuance of a final decision under this section. **(d) Mortgage information** Subject to privacy considerations, as described in section 304(j) of the Home Mortgage Disclosure Act of 1975 ([12 U.S.C. 2803(j)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2803/j&num=0&edition=prelim)), the Director shall, by regulation or order, provide that certain information relating to single family mortgage data

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4565 — Single-family housing goals

**(a) In general** The Director shall, by regulation, establish annual goals for the purchase by each enterprise of the following types of mortgages for the following categories of families: (1) **Purchase-money mortgages** — A goal for purchase of conventional, conforming, single-family, purchase money mortgages financing owner-occupied housing for each of the following categories of families: (A) Low-income families. (B) Families that reside in low-income areas. (C) Very low-income families. (2) **Refinancing mortgages** — A goal for purchase of conventional, conforming mortgages on owner-occupied, single-family housing for low-income families that are given to pay off or prepay an existing loan secured by the same property. **(b) Goals as a percentage of total mortgage purchases** The goals established under paragraphs (1) and (2) of subsection (a) shall be established as a percentage of the total number of conventional, conforming, single-family, owner-occupied, purchase money mortgages purchased by the enterprise, or as percentage of the total number of conventional, single-family, owner-occupied refinance mortgages purchased by the enterprise, as applicable, that are mortgages for the types of families specified in paragraphs (1) and (2) of subsection (a). **(c) Single-family, owner-occupied rental housing units** The Director shall require each enterprise to report the number of rental housing units affordable to low-income families each year which are contained in mortgages purchased by the enterprise financing 2- to 4-unit single-family, owner-occupied properties and may, by regulation, establish additional requirements relating to such units. **(d) Determination of compliance** (1) **In general** — The Director shall determine, for each year tha

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5494 — Definitions

Except as otherwise provided in this title,11 See References in Text note below. for purposes of this title,1 the following definitions shall apply: (1) **Affiliate** — The term “affiliate” means any person that controls, is controlled by, or is under common control with another person. (2) **Bureau** — The term “Bureau” means the Bureau of Consumer Financial Protection. (3) **Business of insurance** — The term “business of insurance” means the writing of insurance or the reinsuring of risks by an insurer, including all acts necessary to such writing or reinsuring and the activities relating to the writing of insurance or the reinsuring of risks conducted by persons who act as, or are, officers, directors, agents, or employees of insurers or who are other persons authorized to act on behalf of such persons. (4) **Consumer** — The term “consumer” means an individual or an agent, trustee, or representative acting on behalf of an individual. (5) **Consumer financial product or service** — The term “consumer financial product or service” means any financial product or service that is described in one or more categories under— (A) paragraph (15) and is offered or provided for use by consumers primarily for personal, family, or household purposes; or (B) clause (i), (iii), (ix), or (x) of paragraph (15)(A), and is delivered, offered, or provided in connection with a consumer financial product or service referred to in subparagraph (A). (6) **Covered person** — The term “covered person” means— (A) any person that engages in offering or providing a consumer financial product or service; and (B) any affiliate of a person described in subparagraph (A) if such affiliate acts as a service provider to such person. (7) **Credit** — The term “credit” means the right

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5496a — Administration

**(a) Personnel** (1) **Appointment** (A) *In general* — The Director may fix the number of, and appoint and direct, all employees of the Bureau, in accordance with the applicable provisions of title 5. (B) *Employees of the Bureau* — The Director is authorized to employ attorneys, compliance examiners, compliance supervision analysts, economists, statisticians, and other employees as may be deemed necessary to conduct the business of the Bureau. Unless otherwise provided expressly by law, any individual appointed under this section shall be an employee as defined in [section 2105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim) and subject to the provisions of such title and other laws generally applicable to the employees of an Executive agency. (C) *Waiver authority* (i) *In general* — In making any appointment under subparagraph (A), the Director may waive the requirements of chapter 33 of title 5, and the regulations implementing such chapter, to the extent necessary to appoint employees on terms and conditions that are consistent with those set forth in section 11(1) of the Federal Reserve Act ([12 U.S.C. 248(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section248/1&num=0&edition=prelim)),11 See References in Text note below. while providing for— (I) fair, credible, and transparent methods of establishing qualification requirements for, recruitment for, and appointments to positions; (II) fair and open competition and equitable treatment in the consideration and selection of individuals to positions; (III) fair, credible, and transparent methods of assigning, reassigning, detailing, transferring, and promoting employees. (ii) *Veter

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3608 — Administration

**(a) Authority and responsibility** The authority and responsibility for administering this Act shall be in the Secretary of Housing and Urban Development. **(b) Assistant Secretary** The Department of Housing and Urban Development shall be provided an additional Assistant Secretary. **(c) Delegation of authority; appointment of administrative law judges; location of conciliation meetings; administrative review** The Secretary may delegate any of his functions, duties, and powers to employees of the Department of Housing and Urban Development or to boards of such employees, including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this subchapter. The person to whom such delegations are made with respect to hearing functions, duties, and powers shall be appointed and shall serve in the Department of Housing and Urban Development in compliance with sections 3105, 3344, 5372, and 7521 of title 5. Insofar as possible, conciliation meetings shall be held in the cities or other localities where the discriminatory housing practices allegedly occurred. The Secretary shall by rule prescribe such rights of appeal from the decisions of his administrative law judges to other administrative law judges or to other officers in the Department, to boards of officers or to himself, as shall be appropriate and in accordance with law. **(d) Cooperation of Secretary and executive departments and agencies in administration of housing and urban development programs and activities to further fair housing purposes** All executive departments and agencies shall administer their programs and activities relating to housing and urban development (inclu

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3616a — Fair housing initiatives program

**(a) In general** The Secretary of Housing and Urban Development (in this section referred to as the “Secretary”) may make grants to, or (to the extent of amounts provided in appropriation Acts) enter into contracts or cooperative agreements with, State or local governments or their agencies, public or private nonprofit organizations or institutions, or other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices, to develop, implement, carry out, or coordinate— (1) programs or activities designed to obtain enforcement of the rights granted by title VIII of the Act of April 11, 1968 [[42 U.S.C. 3601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3601&num=0&edition=prelim) et seq.] (commonly referred to as the Civil Rights Act of 1968), or by State or local laws that provide rights and remedies for alleged discriminatory housing practices that are substantially equivalent to the rights and remedies provided in such title VIII, through such appropriate judicial or administrative proceedings (including informal methods of conference, conciliation, and persuasion) as are available therefor; and (2) education and outreach programs designed to inform the public concerning rights and obligations under the laws referred to in paragraph (1). **(b) Private enforcement initiatives** (1) **In general** — The Secretary shall use funds made available under this subsection to conduct, through contracts with private nonprofit fair housing enforcement organizations, investigations of violations of the rights granted under title VIII of the Civil Rights Act of 1968 [[42 U.S.C. 3601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3601&num=0&edition=pre

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 2801 — Congressional findings and declaration of

Page 1462 TITLE 12—BANKS AND BANKING §§ 2709, 2710 this title shall not exceed $500,000,000. Any amounts so appropriated shall remain available until expended.’’ 1976—Subsec. (b). Pub. L. 94–375 substituted ‘‘Sep- tember 30, 1977’’ for ‘‘June 30, 1976’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the date on which final regulations implementing that amend- ment take effect, or on the date that is 18 months after the designated transfer date if such regulations have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as a note under section 1601 of Title 15, Commerce and Trade. §§ 2709, 2710. Repealed. Pub. L. 111–203, title XIV, § 1496(b)(7), July 21, 2010, 124 Stat. 2209 Section 2709, Pub. L. 94–50, title I, § 110, July 2, 1975, 89 Stat. 253; Pub. L. 94–375, § 13(b), Aug. 3, 1976, 90 Stat. 1075; Pub. L. 98–479, title II, § 204(m)(2), Oct. 17, 1984, 98 Stat. 2234; Pub. L. 111–203, title III, § 361, July 21, 2010, 124 Stat. 1549, related to waiver and relaxation by insti- tutions and approved mortgagees of limitations with respect to mortgage delinquencies; notification to Fed- eral supervisory agency prior to foreclosure pro- ceedings. Section 2710, Pub. L. 94–50, title I, § 111, July 2, 1975, 89 Stat. 253; Pub. L. 94–375, § 13(c), Aug. 3, 1976, 90 Stat. 1075, related to reports to Congress; time; contents. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on the date on which final regula- tions implementing such repeal take effect, or on the date that is 18 months after the designated transfer date if such regulations have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as an Effective

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