§ 3345. Certification and licensing requirements

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. 1989

   Financial Institutions Reform, Recovery, and Enforcement Act of 1989

   Pub. L. 101–73 title XI § 1116 · 103 Stat. 183

   Enacted · 12 U.S.C. § 3345

   Pub. L. 101–73, title XI, § 1116, Aug. 9, 1989, 103 Stat. 515

   Source evidence

   Code source credit
   Pub. L. 101–73, title XI, § 1116, Aug. 9, 1989, 103 Stat. 515

   Enacted provision · exact public law section
   SEC. 1116. CERTIFICATION AND LICENSING REQUIREMENTS. (a) In General.— For purposes of this title, the term “State certified real estate appraiser” means any individual who has satisfied the requirements for State certification in a State or territory whose criteria for certification as a real estate appraiser currently meets the minimum criteria for certification issued by the Appraiser Qualification Board of the Appraisal Foundation. (b) Restriction.— No individual shall be a State certified real estate appraiser under this section unless such individual has achieved a passing grade upon a suitable examination administered by a State or territory that is consistent with and equivalent to the Uniform State Certification Examination issued or endorsed by the Appraiser Qualification Board of the Appraisal Foundation. (c) Definition.— As used in this section, the term “State licensed appraiser” means an individual who has satisfied the requirements for State licensing in a State or territory. (d) Additional Qualification Criteria.— Nothing in this title shall be construed to prevent any Federal agency or instrumentality under this title from establishing such additional qualification criteria as may be necessary or appropriate to carry out the statutory responsibilities of such department, agency, or instrumentality.

2. 1991

   Pub. L. 102–233 § 701(a) · 105 Stat. 1792

   Repealed · 12 U.S.C. § 3345(e)

   Pub. L. 102–233, § 701(a), which added subsec. (e) prohibiting Appraisal Subcommittee from setting qualifications or experience requirements, was repealed by Pub. L. 102–550, § 1617(a). See Construction of 1991 Amendment note below

   Unresolved: Pub. L. 102–233 was not found in the local Statutes at Large index.

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–233, § 701(a), which added subsec. (e) prohibiting Appraisal Subcommittee from setting qualifications or experience requirements, was repealed by Pub. L. 102–550, § 1617(a). See Construction of 1991 Amendment note below.

3. 1991

   Federal Deposit Insurance Corporation Improvement Act of 1991

   Pub. L. 102–242 title IV § 472(a) · 105 Stat. 2236

   Added · 12 U.S.C. § 3345(e)

   Pub. L. 102–242 added subsec. (e) prohibiting Appraisal Subcommittee from setting qualifications or experience requirements, including a de minimis standard

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 102–242 added subsec. (e) prohibiting Appraisal Subcommittee from setting qualifications or experience requirements, including a de minimis standard.

   Enacted provision · exact public law section
   (a) Certification and Licensing Requirements.— Section 1116 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3345) is amended by adding at the end the following new subsection: “(e) Authority of the Appraisal Subcommittee.— The Appraisal Subcommittee shall not set qualifications or experience requirements for the States in licensing real estate appraisers, including a de minimus standard. Recommendations of the Subcommittee shall be nonbinding on the States.”.

4. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 1617(a) · 106 Stat. 3672

   Repealed · 12 U.S.C. § 3345(e)

   Pub. L. 102–550, § 1617(a), repealed Pub. L. 102–233, § 701(a). See 1991 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 102–550, § 1617(a), repealed Pub. L. 102–233, § 701(a). See 1991 Amendment note below.

   Enacted provision · exact public law section
   (a) In General.— Title VII of the Resolution Trust Corporation 12 USC 3345, 3348. Refinancing, Restructuring, and Improvement Act of 1991 is hereby repealed.

5. 2010

   Mortgage Reform and Anti-Predatory Lending Act

   Pub. L. 111–203 § 1473(j)(1) · 124 Stat. 1376

   Inserted · 12 U.S.C. § 3345(c)

   Pub. L. 111–203, § 1473(j)(1), inserted “whose criteria for the licensing of a real estate appraiser currently meet or exceed the minimum criteria issued by the Appraisal Qualifications Board of The Appraisal Foundation for the licensing of real estate appraisers” before the period at end

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 111–203, § 1473(j)(1), inserted “whose criteria for the licensing of a real estate appraiser currently meet or exceed the minimum criteria issued by the Appraisal Qualifications Board of The Appraisal Foundation for the licensing of real estate appraisers” before the period at end.

   Enacted provision · exact public law section
   (1) in subsection (c), by inserting “whose criteria for the licensing of a real estate appraiser currently meet or exceed the minimum criteria issued by the Appraisal Qualifications Board of The Appraisal Foundation for the licensing of real estate appraisers” before the period at the end; and

   Effective date note
   Amendment by Pub. L. 111–203 effective on the date on which final regulations implementing that amendment take effect, or on the date that is 18 months after the designated transfer date if such regulations have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as a note under section 1601 of Title 15, Commerce and Trade.

6. 2010

   Mortgage Reform and Anti-Predatory Lending Act

   Pub. L. 111–203 § 1473(j)(2) · 124 Stat. 1376

   1. Added · 12 U.S.C. § 3345(e)

      Pub. L. 111–203, § 1473(j)(2), added subsec. (e)

   2. Struck · 12 U.S.C. § 3345(e)

      Pub. L. 111–203, § 1473(j)(2), struck out former subsec. (e). Prior to amendment, text read as follows: “The Appraisal Subcommittee shall not set qualifications or experience requirements for the States in licensing real estate appraisers, including a de minimus standard. Recommendations of the Subcommittee shall be nonbinding on the States.”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 111–203, § 1473(j)(2), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “The Appraisal Subcommittee shall not set qualifications or experience requirements for the States in licensing real estate appraisers, including a de minimus standard. Recommendations of the Subcommittee shall be nonbinding on the States.”

   Enacted provision · exact public law section
   (2) by striking subsection (e) and inserting the following new subsection: “(e) Minimum Qualification Requirements.— Any requirements established for individuals in the position of ‘Trainee Appraiser’ and ‘Supervisory Appraiser’ shall meet or exceed the minimum qualification requirements of the Appraiser Qualifications Board of The Appraisal Foundation. The Appraisal Subcommittee shall have the authority to enforce these requirements.” .

   Effective date note
   Amendment by Pub. L. 111–203 effective on the date on which final regulations implementing that amendment take effect, or on the date that is 18 months after the designated transfer date if such regulations have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as a note under section 1601 of Title 15, Commerce and Trade.

6 of 7 references resolved to an enrolled provision · 1 unresolved