12 U.S.C. § 2808 — Effective date

Page 1471 TITLE 12—BANKS AND BANKING § 2808 1 See References in Text note below. Editorial Notes PRIOR PROVISIONS A prior section 2806, Pub. L. 94–200, title III, § 307, Dec. 31, 1975, 89 Stat. 1127; Pub. L. 100–628, title X, § 1087(c), Nov. 7, 1988, 102 Stat. 3280; Pub. L. 101–73, title VII, § 744(p)(3), Aug. 9, 1989, 103 Stat. 440, which related to re- search and improved methods; authorization of appro- priations; recommendations to congressional commit- tees, was repealed by Pub. L. 111–203, title X, § 1094(6), July 21, 2010, 124 Stat. 2101. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as an Effective Date of 2010 Amendment note under section 552a of Title 5, Government Organization and Employees. § 2807. Report The Bureau, in consultation with the Sec- retary of Housing and Urban Development, shall report annually to the Congress on the utility of the requirements of section 2803(b)(4) of this title. (Pub. L. 94–200, title III, § 308, Dec. 31, 1975, 89 Stat. 1128; Pub. L. 98–181, title I [title VII, § 701(b)], Nov. 30, 1983, 97 Stat. 1266; Pub. L. 101–73, title XII, § 1211(h), Aug. 9, 1989, 103 Stat. 526; Pub. L. 111–203, title X, § 1094(1), July 21, 2010, 124 Stat. 2097.) Editorial Notes AMENDMENTS 2010—Pub. L. 111–203 substituted ‘‘Bureau’’ for ‘‘Board’’. 1989—Pub. L. 101–73 amended section generally. Prior to amendment, section read as follows: ‘‘(a) The Board, in consultation with the Secretary of Housing and Urban Development, is authorized and di- rected to carry out a study to determine the feasibility and usefulness of requiring depository institutions lo- cated outside primary metropolitan statistical areas, metropolitan statistical areas, or consolidated metro- politan statistical areas that are not comprised of des- ignated primary metropolitan statistical areas, as de- fined by the Office of Management and Budget, to make disclosures comparable to those required by this chap- ter. ‘‘(b) A report on the study under this section shall be transmitted to the Congress not later than three years after December 31, 1975.’’ 1983—Subsec. (a). Pub. L. 98–181 substituted ‘‘primary metropolitan statistical areas, metropolitan statistical areas, or consolidated metropolitan statistical areas that are not comprised of designated primary metro- politan statistical areas’’ for ‘‘standard metropolitan statistical areas’’. 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 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. § 2808. Effective date (a) In general This chapter shall take effect on the one hun- dred and eightieth day beginning after Decem- ber 31, 1975. Any institution specified in section 2802(2)(A) 1 of this title which has total assets as of its last full fiscal year of $10,000,000 or less is exempt from the provisions of this chapter. The Bureau, in consultation with the Secretary, may exempt institutions described in section 2802(2)(B) 1 of this title that are comparable within their respective industries to institutions that are exempt under the preceding sentence (as determined without regard to the adjust- ment made by subsection (b)). (b) CPI adjustments (1) In general Subject to paragraph (2), the dollar amount applicable with respect to institutions de- scribed in section 2802(2)(A) 1 of this title under the 2d sentence of subsection (a) shall be ad- justed annually after December 31, 1996, by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Cler- ical Workers published by the Bureau of Labor Statistics. (2) 1-time adjustment for prior inflation The first adjustment made under paragraph (1) after September 30, 1996, shall be the per- centage by which— (A) the Consumer Price Index described in such paragraph for the calendar year 1996, exceeds (B) such Consumer Price Index for the cal- endar year 1975. (3) Rounding The dollar amount applicable under para- graph (1) for any calendar year shall be the amount determined in accordance with sub- paragraphs (A) and (B) of paragraph (2) and rounded to the nearest multiple of $1,000,000. (Pub. L. 94–200, title III, § 309, Dec. 31, 1975, 89 Stat. 1128; Pub. L. 102–242, title II, § 224(a), Dec. 19, 1991, 105 Stat. 2307; Pub. L. 102–550, title XVI, § 1604(a)(15), Oct. 28, 1992, 106 Stat. 4083; Pub. L. 104–208, div. A, title II, § 2225(a), Sept. 30, 1996, 110 Stat. 3009–415; Pub. L. 111–203, title X, § 1094(1), July 21, 2010, 124 Stat. 2097.) Editorial Notes REFERENCES IN TEXT Section 2802(2) of this title, referred to in subsecs. (a) and (b)(1), was redesignated section 2802(3) of this title by Pub. L. 111–203, title X, § 1094(2)(A), July 21, 2010, 124 Stat. 2097. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–203 substituted ‘‘Bu- reau’’ for ‘‘Board’’. 1996—Pub. L. 104–208 designated existing provisions as subsec. (a), inserted heading, inserted ‘‘(as determined without regard to the adjustment made by subsection (b))’’ before period at end, and added subsec. (b). 1992—Pub. L. 102–550, § 1604(a)(15), amended directory language of Pub. L. 102–242, § 224(a). See 1991 Amend- ment note below. Page 1472 TITLE 12—BANKS AND BANKING § 2809 1991—Pub. L. 102–242, § 224(a), as amended by Pub. L. 102–550, § 1604(a)(15), struck out ‘‘depository’’ before ‘‘in- stitution’’, inserted ‘‘specified in section 2802(2)(A) of this title’’ after ‘‘institution’’, and inserted at end: ‘‘The Board, in consultation with the Secretary, may exempt institutions described in section 2802(2)(B) of this title that are comparable within their respective industries to institutions that are exempt under the preceding sentence.’’ 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 Amendment by Pub. L. 102–550 effective as if included in the Federal Deposit Insurance Corporation Improve- ment Act of 1991, Pub. L. 102–242, as of Dec. 19, 1991, see section 1609(a) of Pub. L. 102–550, set out as a note under section 191 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–242, title II, § 224(b), Dec. 19, 1991, 105 Stat. 2307, provided that: ‘‘This section [amending this sec- tion] shall become effective on January 1, 1992.’’ § 2809. Compilation of aggregate data (a) Commencement; scope of data and tables Beginning with data for calendar year 1980, the Federal Financial Institutions Examination Council shall compile each year, for each 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, aggregate data by census tract for all depository institutions which are required to disclose data under section 2803 of this title or which are ex- empt pursuant to section 2805(b) of this title. The Council shall also produce tables indicating, for each primary metropolitan statistical area, metropolitan statistical area, or consolidated metropolitan statistical area that is not com- prised of designated primary metropolitan sta- tistical areas, aggregate lending patterns for various categories of census tracts grouped ac- cording to location, age of housing stock, in- come level, and racial characteristics. (b) Staff and data processing resources The Bureau shall provide staff and data proc- essing resources to the Council to enable it to carry out the provisions of subsection (a). (c) Availability to public The data and tables required pursuant to sub- section (a) shall be made available to the public by no later than December 31 of the year fol- lowing the calendar year on which the data is based. (Pub. L. 94–200, title III, § 310, as added Pub. L. 96–399, title III, § 340(c), Oct. 8, 1980, 94 Stat. 1658; amended Pub. L. 98–181, title I [title VII, § 701(a)], Nov. 30, 1983, 97 Stat. 1266; Pub. L. 111–203, title X, § 1094(1), July 21, 2010, 124 Stat. 2097.) Editorial Notes PRIOR PROVISIONS A prior section 2809, Pub. L. 94–200, title III, § 310, Dec. 31, 1975, 89 Stat. 1128, provided for termination of au- thority granted by this chapter, prior to repeal by sec- tion 340(b) of Pub. L. 96–399. See section 2811 of this title. AMENDMENTS 2010—Subsec. (b). Pub. L. 111–203 substituted ‘‘Bu- reau’’ for ‘‘Board’’. 1983—Subsec. (a). Pub. L. 98–181 substituted ‘‘primary metropolitan statistical area, metropolitan statistical area, or consolidated metropolitan statistical area that is not comprised of designated primary metropolitan statistical areas’’ for ‘‘standard metropolitan statis- tical areas’’ in two places. 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. § 2810. Disclosure by Secretary; commencement, scope, etc. Beginning with data for calendar year 1980, the Secretary shall make publicly available data in the Secretary’s possession for each mortgagee which is not otherwise subject to the require- ments of this chapter and which is not exempt pursuant to section 2805(b) of this title (and for each mortgagee making mortgage loans exempt- ed under section 2803(g) of this title), with re- spect to mortgage loans approved (or for which completed applications are received) by the Sec- retary for insurance under title I or II of the Na- tional Housing Act [12 U.S.C. 1702 et seq., 1707 et seq.]. Such data to be disclosed shall consist of data comparable to the data which would be dis- closed if such mortgagee were subject to the re- quirements of section 2803 of this title. Disclo- sure statements containing data for each such mortgagee for a 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 shall, at a minimum, be publicly available at the central depository of data established pursuant to section 2803(f) of this title for 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. The Secretary shall also compile and make publicly available aggregate data for such mortgagees by census tract, and tables indicating aggregate lending patterns, in a manner comparable to the information re- quired to be made publicly available in accord- ance with section 2809 of this title. (Pub. L. 94–200, title III, § 311, as added Pub. L. 96–399, title III, § 340(c), Oct. 8, 1980, 94 Stat. 1658; amended Pub. L. 98–181, title I [title VII, § 701(a)], Nov. 30, 1983, 97 Stat. 1266; Pub. L. 100–242, title V, § 565(a)(3), Feb. 5, 1988, 101 Stat. 1945; Pub. L. 101–73, title XII, § 1211(c)(2)(D), Aug. 9, 1989, 103 Stat. 525.) Editorial Notes REFERENCES IN TEXT The National Housing Act, referred to in text, is act June 27, 1934, ch. 847, 48 Stat. 1246. Titles I and II of the