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 comprised of designated primary metropolitan statistical areas shall be required to make the information 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 completed applications were received) by an office of that depository institution located in the 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 office making such information available is located. 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 statistical area that is not comprised of designated primary metropolitan statistical areas if such institutions have originated or purchased or received completed applications for at least 5 mortgage loans in such area in the preceding calendar year.
Any item of information relating to mortgage loans required to be maintained under subsection (a) shall be further itemized in order to disclose for each such item-
Any information required to be compiled and made available under this section, other than loan application register information under subsection (j), shall be maintained and made available 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.
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 institution which is required to make disclosures under this section but which has been making disclosures 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.
Subject to subsection (h), the Bureau shall prescribe a standard format for the disclosures required under this section.
The Federal Financial Institutions Examination Council, in consultation with the Secretary, shall implement a system to facilitate access to data required to be disclosed under this section. Such system shall include arrangements for a central depository of data in each primary metropolitan statistical area, metropolitan statistical area, or consolidated metropolitan statistical area that is not comprised of designated primary metropolitan statistical areas. Disclosure statements shall be made available to the public for inspection and copying at such central depository of data for all depository institutions which are required to disclose information under this section (or which are exempted pursuant to section 2805(b) of this title) and which have a home office or branch office within such primary metropolitan statistical area, metropolitan statistical area, or consolidated metropolitan statistical area that is not comprised of designated primary metropolitan statistical areas.
The requirements of subsections (a) and (b) shall not apply with respect to mortgage loans that are-
The data required to be disclosed under subsection (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. Notwithstanding the requirement of subsection (a)(2)(A) for disclosure by census tract, the Bureau, in consultation with other appropriate agencies described in paragraph (2) and, after notice and comment, shall develop regulations that-
The appropriate agencies described in this paragraph are-
A modification under paragraph (1)(E) shall apply to information concerning-
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 described in subparagraph (A) in aggregate or other reasonably modified form, in order to effectuate the purposes of this chapter.
With respect to an insured depository institution or insured credit union, the requirements of paragraphs (5) and (6) of subsection (b) shall not apply with respect to closed-end mortgage loans if the insured depository institution or insured credit union originated fewer than 500 closed-end mortgage loans in each of the 2 preceding calendar years.
With respect to an insured depository institution or insured credit union, the requirements of paragraphs (5) and (6) of subsection (b) shall not apply with respect to open-end lines of credit if the insured depository institution or insured credit union originated fewer than 500 open-end lines of credit in each of the 2 preceding calendar years.
Notwithstanding paragraphs (1) and (2), an insured depository institution shall comply with paragraphs (5) and (6) of subsection (b) if the insured depository institution has received a rating of "needs to improve record of meeting community credit needs" during each of its 2 most recent examinations or a rating of "substantial noncompliance in meeting community credit needs" on its most recent examination under section 2906(b)(2) of this title.
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.
In addition to the information required to be disclosed under subsections (a) and (b), any depository institution which is required to make disclosures under this section shall make available to the public, upon request, loan application register information (as defined by the Bureau by regulation) in the form required under regulations prescribed by the Bureau.
Subject to subparagraph (B), the loan application register information described in paragraph (1) may be disclosed by a depository institution without editing or compilation and in such formats as the Bureau may require.
The Bureau shall require, by regulation, such deletions as the Bureau may determine to be appropriate to protect-
It is the sense of the Congress that a depository institution should provide loan register information under this section in a format based on the census tract in which the property is located.
A depository institution meets the disclosure requirement of paragraph (1) if the institution provides the information required under such paragraph in such formats as the Bureau may require 3
Any depository institution which provides information under this subsection may impose a reasonable fee for any cost incurred in reproducing such information.
The disclosure of the loan application register information described in paragraph (1) for any year pursuant to a request under paragraph (1) shall be made-
Notwithstanding subsection (c), the loan application 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.
In prescribing regulations under this subsection, the Bureau shall make every effort to minimize the costs incurred by a depository institution in complying with this subsection and such regulations.
In accordance with procedures established by the Bureau pursuant to this section, any depository institution required to make disclosures under this section-
Any disclosure statement provided pursuant to paragraph (1) shall be accompanied by a clear and conspicuous notice that the statement is subject to final review and revision, if necessary.
Any depository institution which provides a disclosure statement pursuant to paragraph (1) may impose a reasonable fee for any cost incurred in providing or reproducing such statement.
Any disclosure of information pursuant to this section or section 2809 of this title shall be made as promptly as possible.
Except as provided in subsections (j)(5) and (k)(1) and regulations prescribed by the Bureau and subject to subparagraph (B), any information required to be disclosed for any year beginning after December 31, 1992, under-
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-
The Federal Financial Institutions Examination Council shall make such changes in the system established pursuant to subsection (f) as may be necessary to carry out the requirements of this subsection.
A depository institution shall be deemed to have satisfied the public availability requirements of subsection (a) if the institution 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.
Not later than 15 days after the receipt of a written request for any information required to be compiled under subsection (a), the home office of the depository institution receiving the request shall provide the information pertinent to the location of the branch in question to the person requesting the information.
In complying with paragraph (1), a depository institution shall provide the person requesting the information with a copy of the information requested in such formats as the Bureau may require.
The data required to be disclosed under subsection (b) shall be submitted to the Bureau or to the appropriate agency for any institution reporting under this chapter, in accordance with regulations prescribed by the Bureau. Institutions shall not be required to report new data under paragraph (5) or (6) of subsection (b) before 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.
In this section-
1 See References in Text note below.
2 So in original. Two pars. (3) have been enacted.
3 So in original. Probably should be followed by a period.
12 U.S.C. § 2803
EDITORIAL NOTES
REFERENCES IN TEXTFor 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 section 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.
AMENDMENTS2018-Subsec. (i). Pub. L. 115-174, §104(a)(2), added subsec. (i), consisting of pars. (1) to (3), before par. (3) relating to exemption from certain disclosure requirements, which was formerly designated subsec. (i). Subsec. (i)(3). Pub. L. 115-174, §104(a)(1), (c), redesignated 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 "Bureau" 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)".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), substituted "in such formats as the Bureau may require" for "in the format in which such information is maintained 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 institution provides the information required under such paragraph in the form in which the institution maintains 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 information 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 computer 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 subsecs. (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 national 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 institution 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), inserted "(or for which the institution received completed 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 statistical area that is not comprised of designated primary metropolitan statistical areas if such institutions have originated or purchased or received completed applications 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 "Subject 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), substituted "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 "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 statistical area" wherever appearing. 1980-Subsec. (a)(1). Pub. L. 96-399, §340(a)(1), substituted "Department of Commerce" for "Office of Management and Budget".Subsec. (a)(2)(A). Pub. L. 96-399, §340(a)(2), revised applicable factors so as to include mortgage loans in a census tract, or by a county, and exclude readily available 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 designated 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 subsections (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 section] for any year which ends after the date of the enactment of this Act [Oct. 28, 1992]."
EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-73 applicable to each calendar 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 applicable 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 DESIRABILITY OF ESTABLISHING A UNIFIED SYSTEM FOR ENFORCING FAIR LENDING LAWS AND REGULATIONSEvaluation of status and effectiveness of data collection 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.
- State
- The term "State" means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, or the United States Virgin Islands or any federally recognized Indian tribe, as defined by the Secretary of the Interior under section 5131(a) of title 25.
- credit
- The term "credit" means the right granted by a person to a consumer to defer payment of a debt, incur debt and defer its payment, or purchase property or services and defer payment for such purchase.
- designated transfer date
- The term "designated transfer date" means the date established under section 5582 of this title.
- fair lending
- The term "fair lending" means fair, equitable, and nondiscriminatory access to credit for consumers.
- person
- The term "person" means an individual, partnership, company, corporation, association (incorporated or unincorporated), trust, estate, cooperative organization, or other entity.
- Board
- the term "Board" means the Board of Governors of the Federal Reserve System; and
- Bureau
- the term "Bureau" means the Bureau of Consumer Financial Protection;
- Secretary
- the term "Secretary" means the Secretary of Housing and Urban Development.1 So in original. Probably should be "paragraph (5)".
- mortgage loan
- the term "mortgage loan" means a loan which is secured by residential real property or a home improvement loan;
- other lending institutions
- the term "other lending institutions" means any person engaged for profit in the business of mortgage lending;