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Title 12 — Banks and Banking

Part A · Chapter 46 — Government Sponsored Enterprises

§ 4517. Examinations

Statutory text

(a)

Annual examination

The Director shall annually conduct an on-site examination under this section of each regulated entity to determine the condition of the regulated entity for the purpose of ensuring its financial safety and soundness.

(b)

Other examinations

In addition to annual examinations under subsection (a), the Director may conduct an examination under this section of a regulated entity whenever the Director determines that an examination is necessary or appropriate.

(c)

Examiners

The Director shall appoint examiners to conduct examinations under this section. The Director may contract with the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, or the Federal Deposit Insurance Corporation for the services of examiners to conduct examinations under this section. The Director shall reimburse such agencies for any costs of providing examiners from amounts available in the Federal Housing Enterprises Oversight Fund.

(d)

Inspector General

There shall be within the Agency an Inspector General, who shall be appointed in accordance with section 403(a) of title 5.

(e)

Law applicable to examiners

The Director and each examiner shall have the same authority and each examiner shall be subject to the same disclosures, prohibitions, obligations, and penalties as are applicable to examiners employed by the Federal Reserve banks.

(f)

Technical experts

The Director may obtain the services of any technical experts the Director considers appropriate to provide temporary technical assistance relating to examinations to the Director, officers, and employees of the Office. The Director shall describe, in the record of each examination, the nature and extent of any such temporary technical assistance.

(g)

Oaths, evidence, and subpoena powers

In connection with examinations under this section, the Director shall have the authority provided under section 4641 of this title.

(h)

Appointment of accountants, economists, and examiners

(1)

Applicability

This section shall apply with respect to any position of examiner, accountant, economist, and specialist in financial markets and in technology at the Agency, with respect to supervision and regulation of the regulated entities, that is in the competitive service.

(2)

Appointment authority

The Director may appoint candidates to any position described in paragraph (1)—

(A)

in accordance with the statutes, rules, and regulations governing appointments in the excepted service; and

(B)

notwithstanding any statutes, rules, and regulations governing appointments in the competitive service.

(i)

Ombudsman

The Director shall establish, by regulation, an Office of the Ombudsman within the Agency, which shall be responsible for considering complaints and appeals, from any regulated entity and any person that has a business relationship with a regulated entity, regarding any matter relating to the regulation and supervision of such regulated entity by the Agency. The regulation issued by the Director under this subsection shall specify the authority and duties of the Office of the Ombudsman.

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. Federal Housing Enterprises Financial Safety and Soundness Act of 1992

    Pub. L. 102–550 title XIII § 1317 · 106 Stat. 3672

    Enacted · 12 U.S.C. § 4517

    Pub. L. 102–550, title XIII, § 1317, Oct. 28, 1992, 106 Stat. 3949

    Source evidence

    Code source credit
    Pub. L. 102–550, title XIII, § 1317, Oct. 28, 1992, 106 Stat. 3949

    Enacted provision · exact public law section
    SEC. 1317. EXAMINATIONS. (a) Annual Examination.— The Director shall annually conduct an on-site examination under this section of each enterprise to determine the condition of the enterprise for the purpose of ensuring its financial safety and soundness. (b) Other Examinations.— In addition to annual examinations under subsection (a), the Director may conduct an examination under this section whenever the Director determines that an examination is necessary to determine the condition of an enterprise for the purpose of ensuring its financial safety and soundness. (c) Examiners.— The Director shall appoint examiners to con-duct examinations under this section. The Director may contract Contracts. with the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the Director of the Office of Thrift Supervision for the services of examiners. The Director shall reimburse such agencies for any costs of providing examiners from amounts available in the Federal Housing Enterprises Oversight Fund. (d) Law Applicable to Examiners.— The Director and each examiner shall have the same authority and each examiner shall be subject to the same disclosures, prohibitions, obligations, and penalties as are applicable to examiners employed by the Federal Reserve banks. (e) Technical Experts.— The Director may obtain the services of any technical experts the Director considers appropriate to provide temporary technical assistance relating to examinations to the Director, officers, and employees of the Office. The Director shall describe, in the record of each examination, the nature and extent of any such temporary technical assistance. (f) Oaths, Evidence, and Subpoena Powers.— In connection with examinations under this section, the Director shall have the authority provided under section 1379B.

  2. Federal Housing Finance Regulatory Reform Act of 2008

    Pub. L. 110–289 § 1105(a)(1) · 122 Stat. 2654

    Substituted · 12 U.S.C. § 4517(a)

    Pub. L. 110–289, § 1105(a)(1), substituted “regulated entity” for “enterprise” in two places

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–289, § 1105(a)(1), substituted “regulated entity” for “enterprise” in two places.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “enterprise” each place that term appears and inserting “regulated entity”;

  3. Federal Housing Finance Regulatory Reform Act of 2008

    Pub. L. 110–289 § 1105(a)(2) · 122 Stat. 2654

    1. Inserted · 12 U.S.C. § 4517(b)

      Pub. L. 110–289, § 1105(a)(2), inserted “of a regulated entity” after “under this section”

    2. Substituted · 12 U.S.C. § 4517(b)

      Pub. L. 110–289, § 1105(a)(2), substituted “or appropriate” for “to determine the condition of an enterprise for the purpose of ensuring its financial safety and soundness”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–289, § 1105(a)(2), inserted “of a regulated entity” after “under this section” and substituted “or appropriate” for “to determine the condition of an enterprise for the purpose of ensuring its financial safety and soundness”.

    Enacted provision · exact public law section
    (2) in subsection (b)— (A) by inserting “of a regulated entity” after “under this section”; and (B) by striking “to determine the condition of an enterprise for the purpose of ensuring its financial safety and soundness” and inserting “or appropriate”;

  4. Federal Housing Finance Regulatory Reform Act of 2008

    Pub. L. 110–289 § 1105(a)(3) · 122 Stat. 2654

    Inserted · 12 U.S.C. § 4517(c)

    Pub. L. 110–289, § 1105(a)(3), inserted “to conduct examinations under this section” after “services of examiners”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 110–289, § 1105(a)(3), inserted “to conduct examinations under this section” after “services of examiners”.

    Enacted provision · exact public law section
    (3) in subsection (c), in the second sentence, by inserting before the period “to conduct examinations under this section”;

  5. Federal Housing Finance Regulatory Reform Act of 2008

    Pub. L. 110–289 § 1105(a)(4) · 122 Stat. 2654

    1. Added · 12 U.S.C. § 4517(d)(f)

      Pub. L. 110–289, § 1105(a)(4), (5), added subsec. (d)

    2. Redesignated · 12 U.S.C. § 4517(d)(f)

      Pub. L. 110–289, § 1105(a)(4), (5), redesignated former subsecs. (d) and (e) as (e) and (f), respectively. Former subsec. (f) redesignated (g)

    Source evidence

    Code amendment note
    Subsecs. (d) to (f). Pub. L. 110–289, § 1105(a)(4), (5), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. Former subsec. (f) redesignated (g).

    Enacted provision · exact public law section
    (4) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and

  6. Federal Housing Finance Regulatory Reform Act of 2008

    Pub. L. 110–289 § 1153(b)(1)(A) · 122 Stat. 2654

    Redesignated · 12 U.S.C. § 4517(g)

    Pub. L. 110–289, § 1153(b)(1)(A), which directed technical amendment in subsec. (f) to reference in original act which appears in text as reference to section 4641 of this title, was executed by making the amendment in subsec. (g), to reflect the probable intent of Congress and the redesignation of subsec. (f) as (g) by Pub. L. 110–289, § 1105(a)(4). See below

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 110–289, § 1153(b)(1)(A), which directed technical amendment in subsec. (f) to reference in original act which appears in text as reference to section 4641 of this title, was executed by making the amendment in subsec. (g), to reflect the probable intent of Congress and the redesignation of subsec. (f) as (g) by Pub. L. 110–289, § 1105(a)(4). See below.

    Enacted provision · exact public law section
    (A) in section 1317(f), 12 USC 4517. by striking “section 1379B” and inserting “section 1379D”;

  7. Federal Housing Finance Regulatory Reform Act of 2008

    Pub. L. 110–289 § 1105(a)(4) · 122 Stat. 2654

    Redesignated · 12 U.S.C. § 4517(g)

    Pub. L. 110–289, § 1105(a)(4), redesignated subsec. (f) as (g)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–289, § 1105(a)(4), redesignated subsec. (f) as (g).

    Enacted provision · exact public law section
    (4) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and

  8. Federal Housing Finance Regulatory Reform Act of 2008

    Pub. L. 110–289 § 1105(b) · 122 Stat. 2654

    Added · 12 U.S.C. § 4517(h)

    Pub. L. 110–289, § 1105(b), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 110–289, § 1105(b), added subsec. (h).

    Enacted provision · exact public law section
    (b) Direct Hire Authority To Hire Accountants, Economists, and Examiners.— Section 1317 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4517) is amended by adding at the end the following: “(h) Appointment of Accountants, Economists, and Examiners.— “(1) Applicability.— This section shall apply with respect to any position of examiner, accountant, economist, and specialist in financial markets and in technology at the Agency, with respect to supervision and regulation of the regulated entities, that is in the competitive service. “(2) Appointment authority.— The Director may appoint candidates to any position described in paragraph (1)— “(A) in accordance with the statutes, rules, and regulations governing appointments in the excepted service; and “(B) notwithstanding any statutes, rules, and regulations governing appointments in the competitive service.” .

  9. Federal Housing Finance Regulatory Reform Act of 2008

    Pub. L. 110–289 § 1105(e) · 122 Stat. 2654

    Added · 12 U.S.C. § 4517(i)

    Pub. L. 110–289, § 1105(e), added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 110–289, § 1105(e), added subsec. (i).

    Enacted provision · exact public law section
    (e) Office of the Ombudsman.— Section 1317 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4517) is amended by adding at the end the following: “(i) Ombudsman.— The Establishment. Regulations. Director shall establish, by regulation, an Office of the Ombudsman within the Agency, which shall be responsible for considering complaints and appeals, from any regulated entity and any person that has a business relationship with a regulated entity, regarding any matter relating to the regulation and supervision of such regulated entity by the Agency. The regulation issued by the Director under this subsection shall specify the authority and duties of the Office of the Ombudsman.” .

  10. Enhancing Financial Institution Safety and Soundness Act of 2010

    Pub. L. 111–203 title III § 365(2) · 124 Stat. 1376

    Substituted · 12 U.S.C. § 4517(c)

    Pub. L. 111–203 substituted “or the Federal Deposit Insurance Corporation” for “the Federal Deposit Insurance Corporation, or the Director of the Office of Thrift Supervision”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 111–203 substituted “or the Federal Deposit Insurance Corporation” for “the Federal Deposit Insurance Corporation, or the Director of the Office of Thrift Supervision”.

    Enacted provision · exact public law section
    (2) in section 1317(c) (12 U.S.C. 4517(c)), by striking “the Federal Deposit Insurance Corporation, or the Director of the Office of Thrift Supervision” and inserting “or the Federal Deposit Insurance Corporation”.

    Effective date note
    Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

  11. Pub. L. 117–286 § 4(b)(34) · 136 Stat. 4196

    Substituted · 12 U.S.C. § 4517(d)

    Pub. L. 117–286 substituted “section 403(a) of title 5.” for “section 3(a) of the Inspector General Act of 1978.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 117–286 substituted “section 403(a) of title 5.” for “section 3(a) of the Inspector General Act of 1978.”

    Enacted provision · exact public law section
    (34) Section 1317(d) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4517(d)) is amended by striking “section 3(a) of the Inspector General Act of 1978.” and inserting “section 403(a) of title 5, United States Code.”.

13 of 13 references resolved to an enrolled provision

Editorial Notes

Amendments2008–2022 · 3 rounds

2022

Subsec. (d). Pub. L. 117–286 substituted “section 403(a) of title 5.” for “section 3(a) of the Inspector General Act of 1978.”

2010

Subsec. (c). Pub. L. 111–203 substituted “or the Federal Deposit Insurance Corporation” for “the Federal Deposit Insurance Corporation, or the Director of the Office of Thrift Supervision”.

2008

Subsec. (a). Pub. L. 110–289, § 1105(a)(1), substituted “regulated entity” for “enterprise” in two places.

Subsec. (b). Pub. L. 110–289, § 1105(a)(2), inserted “of a regulated entity” after “under this section” and substituted “or appropriate” for “to determine the condition of an enterprise for the purpose of ensuring its financial safety and soundness”.

Subsec. (c). Pub. L. 110–289, § 1105(a)(3), inserted “to conduct examinations under this section” after “services of examiners”.

Subsecs. (d) to (f). Pub. L. 110–289, § 1105(a)(4), (5), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 110–289, § 1153(b)(1)(A), which directed technical amendment in subsec. (f) to reference in original act which appears in text as reference to section 4641 of this title, was executed by making the amendment in subsec. (g), to reflect the probable intent of Congress and the redesignation of subsec. (f) as (g) by Pub. L. 110–289, § 1105(a)(4). See below.

Pub. L. 110–289, § 1105(a)(4), redesignated subsec. (f) as (g).

Subsec. (h). Pub. L. 110–289, § 1105(b), added subsec. (h).

Subsec. (i). Pub. L. 110–289, § 1105(e), added subsec. (i).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

Credits

1992–2022 · 4 acts
  1. 1992Pub. L. 102–550, title XIII, § 1317, , 106 Stat. 3949
  2. 2008Pub. L. 110–289, div. A, title I, §§ 1105(a), (b), (e), 1153(b)(1)(A), , 122 Stat. 2667, 2668, 2774
  3. 2010Pub. L. 111–203, title III, § 365(2), , 124 Stat. 1555
  4. 2022Pub. L. 117–286, § 4(b)(34), , 136 Stat. 4347.
Show as published

(Pub. L. 102–550, title XIII, § 1317, , 106 Stat. 3949; Pub. L. 110–289, div. A, title I, §§ 1105(a), (b), (e), 1153(b)(1)(A), , 122 Stat. 2667, 2668, 2774; Pub. L. 111–203, title III, § 365(2), , 124 Stat. 1555; Pub. L. 117–286, § 4(b)(34), , 136 Stat. 4347.)

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