§ 2805. Relation to State laws

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 § 306 · 89 Stat. 1124

   Enacted · 12 U.S.C. § 2805

   Pub. L. 94–200, title III, § 306, Dec. 31, 1975, 89 Stat. 1127

   Source evidence

   Code source credit
   Pub. L. 94–200, title III, § 306, Dec. 31, 1975, 89 Stat. 1127

   Enacted provision · exact public law section
   Sec. 306. relation to state laws (a) This title does not annul, alter, or affect, or exempt 12 USC 2805. any State chartered depository institution subject to the provisions of this title from complying with the laws of any State or subdivision thereof with respect to public disclosure and recordkeeping by depository institutions, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. The Board is authorized to determine whether such inconsistencies exist. The Board may not determine that any such law is inconsistent with any provision of this title if the Board determines that such law requires the maintenance of records with greater geographic or other detail than is required under this title, or that such law otherwise provides greater disclosure than is required under this title. (b) The Board may by regulation exempt from the requirements of this title any State chartered depository institution within any State or subdivision thereof if it determines that, under the law of such State or subdivision, that institution is subject to requirements substantially similar to those imposed under this title, and that such law contains adequate provisions for enforcement. Notwithstanding any other provision of this subsection, compliance with the requirements imposed under this subsection shall be enforced under— (1) Section 8 of the Federal Deposit Insurance Act in the 12 USC 1818 case of national banks, by the Comptroller of the Currency; and (2) Section 5(d) of the Home Owners’ Loan Act of 1933 in 12 USC 1464. the case of any institution subject to that provision, by the Federal Home Loan Bank Board.

2. 1988

   Stewart B. McKinney Homeless Assistance Amendments Act of 1988

   Pub. L. 100–628 title X § 1087(b) · 102 Stat. 3224

   Substituted · 12 U.S.C. § 2805(b)(1); 12 U.S.C. § 2805(b)(2)

   Pub. L. 100–628 substituted “section” for “Section”

   Source evidence

   Code amendment note
   Subsec. (b)(1), (2). Pub. L. 100–628 substituted “section” for “Section”.

   Enacted provision · exact public law section
   (b) Correction of Typographical Error.— Paragraphs (1) and (2) of section 306(b) of the Home Mortgage Disclosure Act (12 U.S.C. 2805) are each amended by striking “Section” and inserting “section”.

3. 1989

   Financial Institutions Reform, Recovery, and Enforcement Act of 1989

   Pub. L. 101–73 title VII § 744(p)(2) · 103 Stat. 183

   Amended · 12 U.S.C. § 2805(b)(2)

   Pub. L. 101–73 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “section 1464(d) of this title in the case of any institution subject to that provision, by the Federal Home Loan Bank Board.”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 101–73 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “section 1464(d) of this title in the case of any institution subject to that provision, by the Federal Home Loan Bank Board.”

   Enacted provision · exact public law section
   (2) Section 306.— Section 306(b)(2) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2805(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.”.

4. 2010

   Consumer Financial Protection Act of 2010

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

   Substituted · 12 U.S.C. § 2805

   Pub. L. 111–203, § 1094(1), substituted “Bureau” for “Board” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 111–203, § 1094(1), substituted “Bureau” for “Board” wherever appearing.

   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.

5. 2010

   Consumer Financial Protection Act of 2010

   Pub. L. 111–203 § 1094(5) · 124 Stat. 1376

   1. Added · 12 U.S.C. § 2805(b)

      Pub. L. 111–203, § 1094(5), added subsec. (b)

   2. Struck · 12 U.S.C. § 2805(b)

      Pub. L. 111–203, § 1094(5), struck out former subsec. (b) which read as follows: “The Bureau may by regulation exempt from the requirements of this chapter any State chartered depository institution within any State or subdivision thereof if it determines that, under the law of such State or subdivision, that institution is subject to requirements substantially similar to those imposed under this chapter, and that such law contains adequate provisions for enforcement. Notwithstanding any other provision of this subsection, compliance with the requirements imposed under this subsection shall be enforced under—

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 111–203, § 1094(5), added subsec. (b) and struck out former subsec. (b) which read as follows: “The Bureau may by regulation exempt from the requirements of this chapter any State chartered depository institution within any State or subdivision thereof if it determines that, under the law of such State or subdivision, that institution is subject to requirements substantially similar to those imposed under this chapter, and that such law contains adequate provisions for enforcement. Notwithstanding any other provision of this subsection, compliance with the requirements imposed under this subsection shall be enforced under—

   “(1) section 1818 of this title in the case of national banks, by the Comptroller of the Currency; and “(2) section 1818 of this title, 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.”

   Enacted provision · exact public law section
   (5) in section 306 (12 U.S.C. 2805(b)), by striking subsection (b) and inserting the following: “(b) Exemption Authority.— The Bureau may, by regulation, exempt from the requirements of this title any State-chartered depository institution within any State or subdivision thereof, if the agency determines that, under the law of such State or subdivision, that institution is subject to requirements that are substantially similar to those imposed under this title, and that such law contains adequate provisions for enforcement. Notwithstanding any other provision of this subsection, compliance with the requirements imposed under this subsection shall be enforced by the Office of the Comptroller of the Currency under section 8 of the Federal Deposit Insurance Act, in the case of national banks and Federal savings associations, the deposits of which are insured by the Federal Deposit Insurance Corporation.” ; 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.

6 of 6 references resolved to an enrolled provision