§ 2804. Enforcement

Footnotes

1. 1 So in original. The comma probably should not appear.
2. 2 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Pub. L. 94–200 title III § 305 · 89 Stat. 1124

   Enacted · 12 U.S.C. § 2804

   Pub. L. 94–200, title III, § 305, Dec. 31, 1975, 89 Stat. 1126

   Source evidence

   Code source credit
   Pub. L. 94–200, title III, § 305, Dec. 31, 1975, 89 Stat. 1126

   Enacted provision · exact public law section
   Sec. 305. enforcement (a) The Board shall prescribe such regulations as may be necessary to carry out the purposes of this title. These regulations may contain such classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for any class of transactions, as in the judgment of the Board are necessary and proper to effectuate the purposes of this title, and prevent circumvention or evasion thereof, or to facilitate compliance therewith. (b) Compliance with the requirements imposed under this title shall be enforced under— (1) section 8 of the Federal Deposit Insurance Act, in the case of— (A) national banks, by the Comptroller of the Currency; (B) member banks of the Federal Reserve System, other than national banks, by the Board; (C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and mutual savings banks as defined in section 3(f) of the Federal Deposit Insurance Act (12 U.S.C. 1813(f)) and any other depository institution not referred to in this paragraph or paragraph (2) or (3) of this subsection, by the Board of Directors of the Federal Deposit Insurance Corporation; (2) section 5(d) of the Home Owners’ Loan Act of 1933, section 12 USC 1464. 12 USC 1730. 12 USC 1426, 1437. 407 of the National Housing Act, and sections 6(i) and 17 of the Federal Home Loan Bank Act, by the Federal Home Loan Bank Board (acting directly or through the Federal Savings and Loan Insurance Corporation), in the case of any institution subject to any of those provisions; and (3) the Federal Credit Union Act, by the Administrator of 12 USC 1751. the National Credit Union Administration with respect to any credit union. (c) For the purpose of the exercise by any agency referred to in Violation. subsection (b) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this title shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (b), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this title, any other authority conferred on it by law.

2. 1989

   Financial Institutions Reform, Recovery, and Enforcement Act of 1989

   Pub. L. 101–73 § 744(p)(1) · 103 Stat. 183

   Amended · 12 U.S.C. § 2804(b)(2)

   Pub. L. 101–73, § 744(p)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “section 1464(d) of this title, section 1730 of this title, and sections 1426(i) and 1437 of this title, by the Federal Home Loan Bank Board (acting directly or through the Federal Savings and Loan Insurance Corporation) in the case of any institution subject to any of those provisions; and”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 101–73, § 744(p)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “section 1464(d) of this title, section 1730 of this title, and sections 1426(i) and 1437 of this title, by the Federal Home Loan Bank Board (acting directly or through the Federal Savings and Loan Insurance Corporation) in the case of any institution subject to any of those provisions; and”.

   Enacted provision · exact public law section
   (1) Section 305.— Section 305(b)(2) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2804(b)(2)) is amended to read as follows: “(2) section 8 of the Federal Deposit Insurance Act, by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation; and”.

3. 1989

   Financial Institutions Reform, Recovery, and Enforcement Act of 1989

   Pub. L. 101–73 § 1211(g) · 103 Stat. 183

   Added · 12 U.S.C. § 2804(b)(4)

   Pub. L. 101–73, § 1211(g), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 101–73, § 1211(g), added par. (4).

   Enacted provision · exact public law section
   (g) Amendment to Enforcement Provisions.— Section 305(b) of the Home Mortgage Disclosure Act of 197 5 (12 U.S.C. 2804(b)) is amended— (1) by striking out “and” at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof “; and”; and (3) by adding at the end the following new paragraph: “(4) other lending institutions, by the Secretary of Housing and Urban Development.”.

4. 1991

   Foreign Bank Supervision Enhancement Act of 1991

   Pub. L. 102–242 § 212(a)(2)(B) · 105 Stat. 2236

   Inserted · 12 U.S.C. § 2804(b)

   Pub. L. 102–242, § 212(a)(2)(B), inserted at end “The terms used in paragraph (1) that are not defined in this chapter or otherwise defined in section 1813(s) of this title shall have the meaning given to them in section 3101 of this title.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–242, § 212(a)(2)(B), inserted at end “The terms used in paragraph (1) that are not defined in this chapter or otherwise defined in section 1813(s) of this title shall have the meaning given to them in section 3101 of this title.”

   Enacted provision · exact public law section
   (B) by adding at the end the following: “The terms used in paragraph (1) that are not defined in this title or otherwise defined in section 3(s) of the Federal Deposit Insurance Act (12 U.S.C. 1813(s)) shall have the meaning given to them in section 1(b) of the International Banking Act of 1978 (12 U.S.C. 3101).”.

5. 1991

   Foreign Bank Supervision Enhancement Act of 1991

   Pub. L. 102–242 § 212(a)(2)(A) · 105 Stat. 2236

   1. Added · 12 U.S.C. § 2804(b)(1)

      Pub. L. 102–242, § 212(a)(2)(A), added par. (1)

   2. Struck · 12 U.S.C. § 2804(b)(1)

      Pub. L. 102–242, § 212(a)(2)(A), struck out former par. (1) which read as follows: “section 1818 of this title, in the case of—

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 102–242, § 212(a)(2)(A), added par. (1) and struck out former par. (1) which read as follows: “section 1818 of this title, in the case of—

   “(A) national banks, by the Comptroller of the Currency; “(B) member banks of the Federal Reserve System, other than national banks, by the Board; “(C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and mutual savings banks as defined in section 1813(f) of this title and any other depository institution not referred to in this paragraph or paragraph (2) or (3) of this subsection, by the Board of Directors of the Federal Deposit Insurance Corporation;”.

   Enacted provision · exact public law section
   (A) by striking paragraph (1) and inserting the following new paragraph: “(1) section 8 of the Federal Deposit Insurance Act, in the case of— “(A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency; “(B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25(a) of the Federal Reserve Act, by the Board; and “(C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), mutual savings banks as defined in section 3(f) of the Federal Deposit Insurance Act (12 U.S.C. 1813(0), insured State branches of foreign banks, and any other depository institution not referred to in this paragraph or paragraph (2) or (3) of this subsection, by the Board of Directors of the Federal Deposit Insurance Corporation;”; and

6. 2010

   Consumer Financial Protection Act of 2010

   Pub. L. 111–203 § 1094(1) · 124 Stat. 1376

   Substituted · 12 U.S.C. § 2804(a)

   Pub. L. 111–203, § 1094(1), substituted “Bureau” for “Board” in two places

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–203, § 1094(1), substituted “Bureau” for “Board” in two places.

   Enacted provision · exact public law section
   (1) by 12 USC 2803 et seq. striking “Board” each place that term appears, other than in sections 303, 304(h), 305(b) (as amended by this section), and 307(a) (as amended by this section) and inserting “Bureau”.

   Effective date note
   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.

7. 2010

   Consumer Financial Protection Act of 2010

   Pub. L. 111–203 § 1094(4)(A) · 124 Stat. 1376

   1. Added · 12 U.S.C. § 2804(b)

      Pub. L. 111–203, § 1094(4)(A), added subsec. (b)

   2. Struck · 12 U.S.C. § 2804(b)

      Pub. L. 111–203, § 1094(4)(A), struck out former subsec. (b) which related to powers of certain other agencies

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 111–203, § 1094(4)(A), added subsec. (b) and struck out former subsec. (b) which related to powers of certain other agencies.

   Enacted provision · exact public law section
   (A) by striking subsection (b) and inserting the following: “(b) Powers of Certain Other Agencies.— “(1) In general.— Subject to subtitle B of the Consumer Financial Protection Act of 2010, compliance with the requirements of this title shall be enforced— “(A) under section 8 of the Federal Deposit Insurance Act, the appropriate Federal banking agency, as defined in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)), with respect to— “(i) any national bank or Federal savings association, and any Federal branch or Federal agency of a foreign bank; “(ii) any member bank of the Federal Reserve System (other than a national bank), branch or agency of a foreign bank (other than a Federal branch, Federal agency, and insured State branch of a foreign bank), commercial lending company owned or controlled by a foreign bank, and any organization operating under section 25 or 25A of the Federal Reserve Act; and “(iii) any bank or State savings association insured by the Federal Deposit Insurance Corporation (other than a member of the Federal Reserve System), any mutual savings bank as, defined in section 3(f) of the Federal Deposit Insurance Act (12 U.S.C. 1813(f)), any insured State branch of a foreign bank, and any other depository institution not referred to in this paragraph or subparagraph (B) or (C); “(B) under subtitle E of the Consumer Financial Protection Act of 2010, by the Bureau, with respect to any person subject to this subtitle; “(C) under the Federal Credit Union Act, by the Administrator of the National Credit Union Administration with respect to any insured credit union; and “(D) with respect to other lending institutions, by the Secretary of Housing and Urban Development. “(2) Incorporated definitions.— The terms used in paragraph (1) that are not defined in this title or otherwise defined in section 3(s) of the Federal Deposit Insurance Act (12 U.S.C. 1813(s)) shall have the same meanings as in section 1(b) of the International Banking Act of 1978 (12 U.S.C. 3101).” ; and

   Effective date note
   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.

8. 2010

   Consumer Financial Protection Act of 2010

   Pub. L. 111–203 § 1094(4)(B) · 124 Stat. 1376

   Added · 12 U.S.C. § 2804(d)

   Pub. L. 111–203, § 1094(4)(B), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 111–203, § 1094(4)(B), added subsec. (d).

   Enacted provision · exact public law section
   (B) by adding at the end the following: “(d) Overall Enforcement Authority of the Bureau of Consumer Financial Protection.— Subject to subtitle B of the Consumer Financial Protection Act of 2010, enforcement of the requirements imposed under this title is committed to each of the agencies under subsection (b). To facilitate research, examinations, and enforcement, all data collected pursuant to section 304 shall be available to the entities listed under subsection (b). The Bureau may exercise its authorities under the Consumer Financial Protection Act of 2010 to exercise principal authority to examine and enforce compliance by any person with the requirements of this title.” ;

   Effective date note
   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.

10 of 10 references resolved to an enrolled provision