12 U.S.C. § 4544 — Annual housing report

Page 1664 TITLE 12—BANKS AND BANKING § 4542 § 4542. Housing Price Index The Director shall establish and maintain a method of assessing the national average 1-fam- ily house price for use for adjusting the con- forming loan limitations of the enterprises. In establishing such method, the Director shall take into consideration the monthly survey of all major lenders conducted by the Federal Housing Finance Agency to determine the na- tional average 1-family house price, the House Price Index maintained by the Office of Federal Housing Enterprise Oversight of the Department of Housing and Urban Development before the effective date of the Federal Housing Finance Regulatory Reform Act of 2008, any appropriate house price indexes of the Bureau of the Census of the Department of Commerce, and any other indexes or measures that the Director considers appropriate. (Pub. L. 102–550, title XIII, § 1322, as added Pub. L. 110–289, div. A, title I, § 1124(d), July 30, 2008, 122 Stat. 2693.) Editorial Notes REFERENCES IN TEXT The effective date of the Federal Housing Finance Regulatory Reform Act of 2008, referred to in text, probably means the date of enactment of div. A of Pub. L. 110–289, which was approved July 30, 2008. PRIOR PROVISIONS A prior section 4542, Pub. L. 102–550, title XIII, § 1322, Oct. 28, 1992, 106 Stat. 3953, related to the Secretary of Housing and Urban Development’s prior approval au- thority for new programs, prior to repeal by Pub. L. 110–289, div. A, title I, § 1121(2), July 30, 2008, 122 Stat. 2689. § 4543. 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 sub- mitted by the enterprises in the reports re- quired under section 1723a(m) of this title or section 1456(e) of this title. (2) Census tract level reporting Such data shall include the data elements required to be reported under the Home Mort- gage Disclosure Act of 1975 [12 U.S.C. 2801 et seq.], at the census tract level. (b) Access (1) Proprietary data Except as provided in paragraph (2), the Di- rector may not make available to the public data that the Director determines pursuant to section 4546 of this title are proprietary infor- mation. (2) Exception The Director shall not restrict access to the data provided in accordance with section 1723a(m)(1)(A) of this title or section 1456(e)(1)(A) of this title 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 enter- prise in connection with a provision referred to in subsection (a) shall be made publicly avail- able in accordance with this section not later than September 30 of the year following the year to which the data relates. (Pub. L. 102–550, title XIII, § 1323, Oct. 28, 1992, 106 Stat. 3954; Pub. L. 110–289, div. A, title I, §§ 1122(a)(1), 1126, July 30, 2008, 122 Stat. 2689, 2695.) Editorial Notes REFERENCES IN TEXT The Home Mortgage Disclosure Act of 1975, referred to in subsec. (a)(2), is title III of Pub. L. 94–200, Dec. 31, 1975, 89 Stat. 1125, which is classified principally to chapter 29 (§ 2801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2801 of this title and Tables. AMENDMENTS 2008—Pub. L. 110–289, § 1122(a)(1), substituted ‘‘Direc- tor’’ for ‘‘Secretary’’ wherever appearing in subsecs. (a) to (c). Subsec. (a). Pub. L. 110–289, § 1126(1), substituted ‘‘Availability’’ for ‘‘In general’’ in subsec. heading, in- serted par. (1) designation and heading, and added par. (2). The amendment was executed to reflect the prob- able intent of Congress, notwithstanding an error in the directory language which did not take into consid- eration the prior amendment by Pub. L. 110–289, § 1122(a)(1). See above. Subsec. (b)(2). Pub. L. 110–289, § 1126(2), inserted ‘‘or with subsection (a)(2)’’ before period at end. Subsec. (d). Pub. L. 110–289, § 1126(3), added subsec. (d). § 4544. Annual housing report (a) In general After reviewing and analyzing the reports sub- mitted under section 1723a(n) of this title and section 1456(f) of this title, the Director shall submit a report, not later than October 30 of each year, to the Committee on Banking, Hous- ing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, on the activities of each en- terprise. (b) Contents The report required under subsection (a) shall— (1) discuss— (A) the extent to and manner in which— (i) each enterprise is achieving the an- nual housing goals established under sub- part 2; (ii) each enterprise is complying with its duty to serve underserved markets, as es- tablished under section 4565 of this title; (iii) each enterprise is complying with section 4567 of this title; (iv) each enterprise received credit to- wards achieving each of its goals resulting from a transaction or activity pursuant to section 4561(b)(2) of this title; and (v) each enterprise is achieving the pur- poses of the enterprise established by law; and (B) the actions that each enterprise could undertake to promote and expand the pur- poses of the enterprise; Page 1665 TITLE 12—BANKS AND BANKING § 4545 (2) aggregate and analyze relevant data on income to assess the compliance of each enter- prise with the housing goals established under subpart 2; (3) aggregate and analyze data on income, race, and gender by census tract and other rel- evant classifications, and compare such data with larger demographic, housing, and eco- nomic trends; (4) identify the extent to which each enter- prise is involved in mortgage purchases and secondary market activities involving subprime and nontraditional loans; (5) compare the characteristics of subprime and nontraditional loans both purchased and securitized by each enterprise to other loans purchased and securitized by each enterprise; and (6) compare the characteristics of high-cost loans purchased and securitized, where such securities are not held on portfolio to loans purchased and securitized, where such securi- ties are either retained on portfolio or repur- chased by the enterprise, including such char- acteristics as— (A) the purchase price of the property that secures the mortgage; (B) the loan-to-value ratio of the mort- gage, which shall reflect any secondary liens on the relevant property; (C) the terms of the mortgage; (D) the creditworthiness of the borrower; and (E) any other relevant data, as determined by the Director. (c) Data collection and reporting (1) In general To assist the Director in analyzing the mat- ters described in subsection (b), the Director shall conduct, on a monthly basis, a survey of mortgage markets in accordance with this subsection. (2) Data points Each monthly survey conducted by the Di- rector under paragraph (1) shall collect data on— (A) the characteristics of individual mort- gages that are eligible for purchase by the enterprises and the characteristics of indi- vidual mortgages that are not eligible for purchase by the enterprises including, in both cases, information concerning— (i) the price of the house that secures the mortgage; (ii) the loan-to-value ratio of the mort- gage, which shall reflect any secondary liens on the relevant property; (iii) the terms of the mortgage; (iv) the creditworthiness of the borrower or borrowers; and (v) whether the mortgage, in the case of a conforming mortgage, was purchased by an enterprise; (B) the characteristics of individual subprime and nontraditional mortgages that are eligible for purchase by the enterprises and the characteristics of borrowers under such mortgages, including the creditworthi- ness of such borrowers and determination whether such borrowers would qualify for prime lending; and (C) such other matters as the Director de- termines to be appropriate. (3) Public availability The Director shall make any data collected by the Director in connection with the con- duct of a monthly survey available to the pub- lic in a timely manner, provided that the Di- rector may modify the data released to the public to ensure that the data— (A) is not released in an identifiable form; and (B) is not otherwise obtainable from other publicly available data sets. (4) Definition For purposes of this subsection, the term ‘‘identifiable form’’ means any representation of information that permits the identity of a borrower to which the information relates to be reasonably inferred by either direct or indi- rect means. (Pub. L. 102–550, title XIII, § 1324, as added Pub. L. 110–289, div. A, title I, § 1125(b), July 30, 2008, 122 Stat. 2693.) Editorial Notes PRIOR PROVISIONS A prior section 4544, Pub. L. 102–550, title XIII, § 1324, Oct. 28, 1992, 106 Stat. 3954, related to annual housing report, prior to repeal by Pub. L. 110–289, div. A, title I, § 1125(a), July 30, 2008, 122 Stat. 2693. § 4545. Fair housing The Secretary of Housing and Urban Develop- ment shall— (1) by regulation, prohibit each enterprise from discriminating in any manner in the pur- chase of any mortgage because of race, color, religion, sex, handicap, familial status, age, or national origin, including any consideration of the age or location of the dwelling or the age of the neighborhood or census tract where the dwelling is located in a manner that has a dis- criminatory effect; (2) by regulation, require each enterprise to submit data to the Secretary to assist the Sec- retary in investigating whether a mortgage lender with which the enterprise does business has failed to comply with the Fair Housing Act [42 U.S.C. 3601 et seq.]; (3) by regulation, require each enterprise to submit data to the Secretary to assist in in- vestigating whether a mortgage lender with which the enterprise does business has failed to comply with the Equal Credit Opportunity Act [15 U.S.C. 1691 et seq.], and shall submit any such information received to the appro- priate Federal agencies, as provided in section 704 of the Equal Credit Opportunity Act [15 U.S.C. 1691c], for appropriate action; (4) obtain information from other regulatory and enforcement agencies of the Federal Gov- ernment and State and local governments re- garding violations by lenders of the Fair Hous- ing Act and the Equal Credit Opportunity Act and make such information available to the enterprises;