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Title 12 — Banks and Banking

Chapter 29 — Home Mortgage Disclosure

§ 2808. Effective date

Statutory text

(a)

In general

This chapter shall take effect on the one hundred and eightieth day beginning after . 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 adjustment made by subsection (b)).

(b)

CPI adjustments

(1)

In general

Subject to paragraph (2), the dollar amount applicable with respect to institutions described in section 2802(2)(A) 1 of this title under the 2d sentence of subsection (a) shall be adjusted annually after , by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the Bureau of Labor Statistics.

(2)

1-time adjustment for prior inflation

The first adjustment made under paragraph (1) after , shall be the percentage by which—

(A)

the Consumer Price Index described in such paragraph for the calendar year 1996, exceeds

(B)

such Consumer Price Index for the calendar year 1975.

(3)

Rounding

The dollar amount applicable under paragraph (1) for any calendar year shall be the amount determined in accordance with subparagraphs (A) and (B) of paragraph (2) and rounded to the nearest multiple of $1,000,000.

Footnotes

  1. 1 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. Pub. L. 94–200 title III § 309 · 89 Stat. 1124

    Enacted · 12 U.S.C. § 2808

    Pub. L. 94–200, title III, § 309, Dec. 31, 1975, 89 Stat. 1128

    Source evidence

    Code source credit
    Pub. L. 94–200, title III, § 309, Dec. 31, 1975, 89 Stat. 1128

    Enacted provision · exact public law section
    Sec. 309. effective date This title shall take effect on the one hundred and eightieth day beginning after the date of its enactment. Any depository institution which has total assets as of its last full fiscal year of $10,000,000 or less is exempt from the provisions of this title.

  2. Federal Deposit Insurance Corporation Improvement Act of 1991

    Pub. L. 102–242 § 224(a) · 105 Stat. 2236

    1. Amended · 12 U.S.C. § 2808

      Pub. L. 102–242, § 224(a), as amended by Pub. L. 102–550, § 1604(a)(15)

    2. Struck · 12 U.S.C. § 2808

      Pub. L. 102–242, § 224(a), as struck out “depository” before “institution”

    3. Inserted · 12 U.S.C. § 2808

      Pub. L. 102–242, § 224(a), as inserted “specified in section 2802(2)(A) of this title” after “institution”

    4. Inserted · 12 U.S.C. § 2808

      Pub. L. 102–242, § 224(a), as 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.”

    Source evidence

    Code amendment note
    Pub. L. 102–242, § 224(a), as amended by Pub. L. 102–550, § 1604(a)(15), struck out “depository” before “institution”, 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.”

    Enacted provision · exact public law section
    (a) In General.— Section 309 of the Home Mortgage Disclosure Act (12 U.S.C. 2808) is amended— (1) by striking “depository” before “institution”; (2) by inserting “specified in section 303(2)(A)” after “institution”; and (3) by adding at the end the following: “The Board, in consultation with the Secretary, may exempt institutions described in section 303(2)(B) that are comparable within their respective industries to institutions that are exempt under the preceding sentence.”.

  3. Housing and Community Development Act of 1992

    Pub. L. 102–550 § 1604(a)(15) · 106 Stat. 3672

    Amended · 12 U.S.C. § 2808

    Pub. L. 102–550, § 1604(a)(15), amended directory language of Pub. L. 102–242, § 224(a). See 1991 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 102–550, § 1604(a)(15), amended directory language of Pub. L. 102–242, § 224(a). See 1991 Amendment note below.

    Enacted provision · exact public law section
    (15) Section 224 of the Federal Deposit Insurance Corporation Improvement Act of 1991 is amended by inserting “of 1975” 12 USC 2808. after “Disclosure Act”.

  4. Department of Commerce and Related Agencies Appropriations Act, 1997

    Pub. L. 104–208 div. A title II § 2225(a) · 110 Stat. 3009

    1. Amended · 12 U.S.C. § 2808

      Pub. L. 104–208 designated existing provisions as subsec. (a)

    2. Inserted · 12 U.S.C. § 2808

      Pub. L. 104–208 inserted heading

    3. Inserted · 12 U.S.C. § 2808

      Pub. L. 104–208 inserted “(as determined without regard to the adjustment made by subsection (b))” before period at end

    4. Added · 12 U.S.C. § 2808

      Pub. L. 104–208 added subsec. (b)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (a) In General.— Section 309 of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2808) is amended— (1) by striking “This title” and inserting “(a) In General.— This title”; (2) in the 3d sentence, by inserting “(as determined without regard to the adjustment made by subsection (b))” before the period; and (3) by adding at the end the following new subsection: “(b) CPI Adjustments.— “(1) In general.— Subject to paragraph (2), the dollar amount applicable with respect to institutions described in section 303(2)(A) under the 2d sentence of subsection (a) shall be adjusted annually after December 31, 1996, by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the Bureau of Labor Statistics. “(2) 1-time adjustment for prior inflation.— The first adjustment made under paragraph (1) after the date of the enactment of the Economic Growth and Regulatory Paperwork Reduction Act of 1996 shall be the percentage by which— “(A) the Consumer Price Index described in such paragraph for the calendar year 1996, exceeds “(B) such Consumer Price Index for the calendar year 1975. “(3) Rounding.— The dollar amount applicable under paragraph (1) for any calendar year shall be the amount determined in accordance with subparagraphs (A) and (B) of paragraph (2) and rounded to the nearest multiple of $1,000,000.”.

  5. Consumer Financial Protection Act of 2010

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

    Substituted · 12 U.S.C. § 2808(a)

    Pub. L. 111–203 substituted “Bureau” for “Board”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 111–203 substituted “Bureau” for “Board”.

    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.

11 of 11 references resolved to an enrolled provision

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), , 124 Stat. 2097.

Amendments1991–2010 · 4 rounds

2010

Subsec. (a). Pub. L. 111–203 substituted “Bureau” 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 Amendment note below.

1991

Pub. L. 102–242, § 224(a), as amended by Pub. L. 102–550, § 1604(a)(15), struck out “depository” before “institution”, 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 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

Amendment by Pub. L. 102–550 effective as if included in the Federal Deposit Insurance Corporation Improvement Act of 1991, Pub. L. 102–242, as of , 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), , 105 Stat. 2307, provided that: “This section [amending this section] shall become effective on .”

Credits

1975–2010 · 5 acts
  1. 1975Pub. L. 94–200, title III, § 309, , 89 Stat. 1128
  2. 1991Pub. L. 102–242, title II, § 224(a), , 105 Stat. 2307
  3. 1992Pub. L. 102–550, title XVI, § 1604(a)(15), , 106 Stat. 4083
  4. 1996Pub. L. 104–208, div. A, title II, § 2225(a), , 110 Stat. 3009–415
  5. 2010Pub. L. 111–203, title X, § 1094(1), , 124 Stat. 2097.
Show as published

(Pub. L. 94–200, title III, § 309, , 89 Stat. 1128; Pub. L. 102–242, title II, § 224(a), , 105 Stat. 2307; Pub. L. 102–550, title XVI, § 1604(a)(15), , 106 Stat. 4083; Pub. L. 104–208, div. A, title II, § 2225(a), , 110 Stat. 3009–415; Pub. L. 111–203, title X, § 1094(1), , 124 Stat. 2097.)

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