§ 4567. Affordable housing allocations

Statutory text

Set aside and allocation of amounts by enterprises

Subject to subsection (b), in each fiscal year—

the Federal Home Loan Mortgage Corporation shall—

set aside an amount equal to 4.2 basis points for each dollar of the unpaid principal balance of its total new business purchases; and

allocate or otherwise transfer—

65 percent of such amounts to the Secretary of Housing and Urban Development to fund the Housing Trust Fund established under section 4568 of this title; and

35 percent of such amounts to fund the Capital Magnet Fund established pursuant to section 4569 of this title; and

the Federal National Mortgage Association shall—

set aside an amount equal to 4.2 basis points for each dollar of unpaid principal balance of its total new business purchases; and

allocate or otherwise transfer—

65 percent of such amounts to the Secretary of Housing and Urban Development to fund the Housing Trust Fund established under section 4568 of this title; and

35 percent of such amounts to fund the Capital Magnet Fund established pursuant to section 4569 of this title.

Suspension of contributions

The Director shall temporarily suspend allocations under subsection (a) by an enterprise upon a finding by the Director that such allocations—

are contributing, or would contribute, to the financial instability of the enterprise;

are causing, or would cause, the enterprise to be classified as undercapitalized; or

are preventing, or would prevent, the enterprise from successfully completing a capital restoration plan under section 4622 of this title.

Prohibition of pass-through of cost of allocations

The Director shall, by regulation, prohibit each enterprise from redirecting the costs of any allocation required under this section, through increased charges or fees, or decreased premiums, or in any other manner, to the originators of mortgages purchased or securitized by the enterprise.

Enforcement of requirements on enterprise

Compliance by the enterprises with the requirements under this section shall be enforceable under subpart 3. Any reference in such subpart to this part or to an order, rule, or regulation under this part specifically includes this section and any order, rule, or regulation under this section.

Required amount for HOPE reserve fund

Of the aggregate amount allocated under subsection (a), 25 percent shall be deposited into a fund established in the Treasury of the United States by the Secretary of the Treasury for such purpose.

Limitation

No funds under this chapter may be used in conjunction with property taken by eminent domain, unless eminent domain is employed only for a public use, except that, for purposes of this section, public use shall not be construed to include economic development that primarily benefits any private entity.

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.

2008
Federal Housing Enterprises Financial Safety and Soundness Act of 1992
Pub. L. 102–550 title XIII § 1337 · 106 Stat. 3672
Enacted · 12 U.S.C. § 4567
(Pub. L. 102–550, title XIII, § 1337, as added Pub. L. 110–289, div. A, title I, § 1131(b), July 30, 2008, 122 Stat. 2711.)
Source evidence
Code source credit
(Pub. L. 102–550, title XIII, § 1337, as added Pub. L. 110–289, div. A, title I, § 1131(b), July 30, 2008, 122 Stat. 2711.)
Enacted provision · exact public law section
SEC. 1337. REPORTS DURING TRANSITION. Each enterprise shall submit to the Secretary, the Committee on Banking, Finance and Urban Affairs of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate, a report for each transitional housing goal for the enterprise under section 1332(d), 1333(d), or 1334(d), describing the actions the enterprise plans to take to meet such goal. Each such report shall be submitted within 45 days after the establishment of the goal for which the report is submitted.

1 of 1 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in subsec. (f), was in the original “this title”, meaning title XIII of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3941, which is classified principally to this chapter. For complete classification of title XIII to the Code, see Short Title note set out under section 4501 of this title and Tables.

Prior Provisions

A prior section 4567, Pub. L. 102–550, title XIII, § 1337, Oct. 28, 1992, 106 Stat. 3964, related to reports during transition, prior to repeal by Pub. L. 110–289, div. A, title I, § 1131(a), July 30, 2008, 122 Stat. 2711.

Credits

(Pub. L. 102–550, title XIII, § 1337, as added Pub. L. 110–289, div. A, title I, § 1131(b), July 30, 2008, 122 Stat. 2711.)