Title 12 — Banks and Banking
Part B · Chapter 46 — Government Sponsored Enterprises
§ 4543. Public access to mortgage information
Statutory text
Availability
In general
The Director shall make available to the public, in forms useful to the public (including forms accessible by computers), the data submitted by the enterprises in the reports required under section 1723a(m) of this title or section 1456(e) of this title.
Census tract level reporting
Such data shall include the data elements required to be reported under the Home Mortgage Disclosure Act of 1975 [12 U.S.C. 2801 et seq.], at the census tract level.
Access
Proprietary data
Except as provided in paragraph (2), the Director may not make available to the public data that the Director determines pursuant to section 4546 of this title are proprietary information.
Exception
The Director shall not restrict access to the data provided in accordance with section 1723a(m)(1)(A) of this title or section 1456(e)(1)(A) of this title or with subsection (a)(2).
Fees
The Director may charge reasonable fees to cover the cost of making data available under this section to the public.
Timing
Data submitted under this section by an enterprise in connection with a provision referred to in subsection (a) shall be made publicly available in accordance with this section not later than September 30 of the year following the year to which the data relates.
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.
Federal Housing Enterprises Financial Safety and Soundness Act of 1992
Pub. L. 102–550 title XIII § 1323 · 106 Stat. 3672
Enacted · 12 U.S.C. § 4543
Pub. L. 102–550, title XIII, § 1323, Oct. 28, 1992, 106 Stat. 3954
Source evidence
Code source credit
Pub. L. 102–550, title XIII, § 1323, Oct. 28, 1992, 106 Stat. 3954Enacted provision · exact public law section
SEC. 1323. PUBLIC ACCESS TO MORTGAGE INFORMATION. (a) In general.— The Secretary shall make available to the public, in forms useful to the public (including forms accessible by computers), the data submitted by the enterprises in the reports required under section 309(m) of the Federal National Mortgage Association Charter Act or section 307(e) of the Federal Home Loan Mortgage Corporation Act. (b) Access.— (1) Proprietary data.— Except as provided in paragraph (2), the Secretary may not make available to the public data that the Secretary determines pursuant to section 1326 are proprietary information. (2) Exception.— The Secretary shall not restrict access to the data provided in accordance with section 309(m)(1)(A) of the Federal National Mortgage Association Charter Act or section 307(e)(1)(A) of the Federal Home Loan Mortgage Corporation Act. (c) Fees.— The Secretary may charge reasonable fees to cover the cost of making data available under this section to the public.Federal Housing Finance Regulatory Reform Act of 2008
Pub. L. 110–289 § 1122(a)(1) · 122 Stat. 2654
Substituted · 12 U.S.C. § 4543
Pub. L. 110–289, § 1122(a)(1), substituted “Director” for “Secretary” wherever appearing in subsecs. (a) to (c)
Source evidence
Code amendment note
Pub. L. 110–289, § 1122(a)(1), substituted “Director” for “Secretary” wherever appearing in subsecs. (a) to (c).Enacted provision · exact public law section
(1) by striking “Secretary” each place that term appears and inserting “Director” in each of 12 USC 4543, 4546–4548, 4566. sections 1323, 1326, 1327, 1328, and 1336; andFederal Housing Finance Regulatory Reform Act of 2008
Pub. L. 110–289 § 1126(1) · 122 Stat. 2654
Substituted · 12 U.S.C. § 4543(a)
Pub. L. 110–289, § 1126(1), substituted “Availability” for “In general” in subsec. heading
Inserted · 12 U.S.C. § 4543(a)
Pub. L. 110–289, § 1126(1), inserted par. (1) designation and heading
Added · 12 U.S.C. § 4543(a)
Pub. L. 110–289, § 1126(1), added par. (2). The amendment was executed to reflect the probable intent of Congress, notwithstanding an error in the directory language which did not take into consideration the prior amendment by Pub. L. 110–289, § 1122(a)(1). See above
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–289, § 1126(1), substituted “Availability” for “In general” in subsec. heading, inserted par. (1) designation and heading, and added par. (2). The amendment was executed to reflect the probable intent of Congress, notwithstanding an error in the directory language which did not take into consideration the prior amendment by Pub. L. 110–289, § 1122(a)(1). See above.Enacted provision · exact public law section
(1) in subsection (a)— (A) by striking “(a) In General.—The Secretary” and inserting the following: “(a) Availability.— “(1) In general.— The Director” ; and (B) by adding at the end the following new paragraph: “(2) Census tract level reporting.— Such data shall include the data elements required to be reported under the Home Mortgage Disclosure Act of 1975, at the census tract level.” ;Federal Housing Finance Regulatory Reform Act of 2008
Pub. L. 110–289 § 1126(2) · 122 Stat. 2654
Inserted · 12 U.S.C. § 4543(b)(2)
Pub. L. 110–289, § 1126(2), inserted “or with subsection (a)(2)” before period at end
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 110–289, § 1126(2), inserted “or with subsection (a)(2)” before period at end.Enacted provision · exact public law section
(2) in subsection (b)(2), by inserting before the period at the end the following: “or with subsection (a)(2)”; andFederal Housing Finance Regulatory Reform Act of 2008
Pub. L. 110–289 § 1126(3) · 122 Stat. 2654
Added · 12 U.S.C. § 4543(d)
Pub. L. 110–289, § 1126(3), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 110–289, § 1126(3), added subsec. (d).Enacted provision · exact public law section
(3) by adding at the end the following new subsection: “(d) Timing.— Data Deadline. submitted under this section by an enterprise in connection with a provision referred to in subsection (a) shall be made publicly available in accordance with this section not later than September 30 of the year following the year to which the data relates.” .
7 of 7 references resolved to an enrolled provision
Editorial Notes
References in Text
The Home Mortgage Disclosure Act of 1975, referred to in subsec. (a)(2), is title III of Pub. L. 94–200, , 89 Stat. 1125, which is classified principally to chapter 29 (§ 2801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2801 of this title and Tables.
Amendments
2008—Pub. L. 110–289, § 1122(a)(1), substituted “Director” for “Secretary” wherever appearing in subsecs. (a) to (c).
Subsec. (a). Pub. L. 110–289, § 1126(1), substituted “Availability” for “In general” in subsec. heading, inserted par. (1) designation and heading, and added par. (2). The amendment was executed to reflect the probable intent of Congress, notwithstanding an error in the directory language which did not take into consideration the prior amendment by Pub. L. 110–289, § 1122(a)(1). See above.
Subsec. (b)(2). Pub. L. 110–289, § 1126(2), inserted “or with subsection (a)(2)” before period at end.
Subsec. (d). Pub. L. 110–289, § 1126(3), added subsec. (d).
Credits
1992–2008 · 2 acts
- 1992Pub. L. 102–550, title XIII, § 1323, , 106 Stat. 3954
- 2008Pub. L. 110–289, div. A, title I, §§ 1122(a)(1), 1126, , 122 Stat. 2689, 2695.
Show as published
(Pub. L. 102–550, title XIII, § 1323, , 106 Stat. 3954; Pub. L. 110–289, div. A, title I, §§ 1122(a)(1), 1126, , 122 Stat. 2689, 2695.)