Duty of depository institutions; nature and content of information
Itemization of loan data
Period of maintenance
Any information required to be compiled and made available under this section, other than loan application register information under subsection (j), shall be maintained and made available for a period of five years after the close of the first year during which such information is required to be maintained and made available.
Duration of disclosure requirements
Notwithstanding the provisions of subsection (a)(1), data required to be disclosed under this section for 1980 and thereafter shall be disclosed for each calendar year. Any depository institution which is required to make disclosures under this section but which has been making disclosures on some basis other than a calendar year basis shall make available a separate disclosure statement containing data for any period prior to calendar year 1980 which is not covered by the last full year report prior to the 1980 calendar year report.
Format for disclosures
Subject to subsection (h), the Bureau shall prescribe a standard format for the disclosures required under this section.
Data disclosure system; operation, etc.
section 2805(b) of this titleThe Federal Financial Institutions Examination Council, in consultation with the Secretary, shall implement a system to facilitate access to data required to be disclosed under this section. Such system shall include arrangements for a central depository of data in each primary metropolitan statistical area, metropolitan statistical area, or consolidated metropolitan statistical area that is not comprised of designated primary metropolitan statistical areas. Disclosure statements shall be made available to the public for inspection and copying at such central depository of data for all depository institutions which are required to disclose information under this section (or which are exempted pursuant to ) and which have a home office or branch office within such primary metropolitan statistical area, metropolitan statistical area, or consolidated metropolitan statistical area that is not comprised of designated primary metropolitan statistical areas.
Exceptions
Submission to agencies
In general
Other appropriate agencies
Rules for modifications under paragraph (1)
Application
Standards
The Bureau shall prescribe standards for any modification under paragraph (1)(E) to effectuate the purposes of this chapter, in light of the privacy interests of mortgage applicants or mortgagors. Where necessary to protect the privacy interests of mortgage applicants or mortgagors, the Bureau shall provide for the disclosure of information described in subparagraph (A) in aggregate or other reasonably modified form, in order to effectuate the purposes of this chapter.
Exemptions
Closed-end mortgage loans
With respect to an insured depository institution or insured credit union, the requirements of paragraphs (5) and (6) of subsection (b) shall not apply with respect to closed-end mortgage loans if the insured depository institution or insured credit union originated fewer than 500 closed-end mortgage loans in each of the 2 preceding calendar years.
Open-end lines of credit
With respect to an insured depository institution or insured credit union, the requirements of paragraphs (5) and (6) of subsection (b) shall not apply with respect to open-end lines of credit if the insured depository institution or insured credit union originated fewer than 500 open-end lines of credit in each of the 2 preceding calendar years.
22 So in original. Two pars. (3) have been enacted. Required compliance
section 2906(b)(2) of this titleNotwithstanding paragraphs (1) and (2), an insured depository institution shall comply with paragraphs (5) and (6) of subsection (b) if the insured depository institution has received a rating of “needs to improve record of meeting community credit needs” during each of its 2 most recent examinations or a rating of “substantial noncompliance in meeting community credit needs” on its most recent examination under .
2 Exemption from certain disclosure requirements
section 2802(3)(A) of this titleThe requirements of subsections (b)(4), (b)(5), and (b)(6) shall not apply with respect to any depository institution described in which has total assets, as of the most recent full fiscal year of such institution, of $30,000,000 or less.
Loan application register information
In general
In addition to the information required to be disclosed under subsections (a) and (b), any depository institution which is required to make disclosures under this section shall make available to the public, upon request, loan application register information (as defined by the Bureau by regulation) in the form required under regulations prescribed by the Bureau.
Format of disclosure
Unedited format
Subject to subparagraph (B), the loan application register information described in paragraph (1) may be disclosed by a depository institution without editing or compilation and in such formats as the Bureau may require.
Protection of applicant’s privacy interest
Census tract format encouraged
It is the sense of the Congress that a depository institution should provide loan register information under this section in a format based on the census tract in which the property is located.
Change of form not required
3
Reasonable charge for information
Any depository institution which provides information under this subsection may impose a reasonable fee for any cost incurred in reproducing such information.
Time of disclosure
Retention of information
Notwithstanding subsection (c), the loan application register information described in paragraph (1) for any year shall be maintained and made available, upon request, for 3 years after the close of the 1st year during which such information is required to be maintained and made available.
Minimizing compliance costs
In prescribing regulations under this subsection, the Bureau shall make every effort to minimize the costs incurred by a depository institution in complying with this subsection and such regulations.
Disclosure of statements by depository institutions
In general
Notice that data is subject to correction after final review
Any disclosure statement provided pursuant to paragraph (1) shall be accompanied by a clear and conspicuous notice that the statement is subject to final review and revision, if necessary.
Reasonable charge for information
Any depository institution which provides a disclosure statement pursuant to paragraph (1) may impose a reasonable fee for any cost incurred in providing or reproducing such statement.
Prompt disclosures
In general
section 2809 of this titleAny disclosure of information pursuant to this section or shall be made as promptly as possible.
Maximum disclosure period
6- and 9-month maximum periods
Shorter periods encouraged after 1994
Improved procedure
The Federal Financial Institutions Examination Council shall make such changes in the system established pursuant to subsection (f) as may be necessary to carry out the requirements of this subsection.
Opportunity to reduce compliance burden
In general
Satisfaction of public availability requirements
A depository institution shall be deemed to have satisfied the public availability requirements of subsection (a) if the institution compiles the information required under that subsection at the home office of the institution and provides notice at the branch locations specified in subsection (a) that such information is available from the home office of the institution upon written request.
Provision of information upon request
Not later than 15 days after the receipt of a written request for any information required to be compiled under subsection (a), the home office of the depository institution receiving the request shall provide the information pertinent to the location of the branch in question to the person requesting the information.
Form of information
In complying with paragraph (1), a depository institution shall provide the person requesting the information with a copy of the information requested in such formats as the Bureau may require.
Timing of certain disclosures
The data required to be disclosed under subsection (b) shall be submitted to the Bureau or to the appropriate agency for any institution reporting under this chapter, in accordance with regulations prescribed by the Bureau. Institutions shall not be required to report new data under paragraph (5) or (6) of subsection (b) before the first January 1 that occurs after the end of the 9-month period beginning on the date on which regulations are issued by the Bureau in final form with respect to such disclosures.
Definitions
Pub. L. 94–200, title III, § 30489 Stat. 1125Pub. L. 96–399, title III, § 340(a)94 Stat. 1657Pub. L. 98–181, title I97 Stat. 1266Pub. L. 100–242, title V101 Stat. 1945Pub. L. 101–73, title XII, § 1211(a)103 Stat. 524–526Pub. L. 102–242, title II, § 212(a)(1)105 Stat. 2299Pub. L. 102–550, title IX, § 932(a)106 Stat. 3889Pub. L. 104–208, div. A, title II, § 2225(b)110 Stat. 3009–416Pub. L. 111–203, title X, § 1094(1)124 Stat. 2097Pub. L. 115–174, title I, § 104(a)132 Stat. 1300(, , ; , , ; [title VII, § 701(a)], , ; , §§ 565(a)(2), 570(h), , , 1950; –(c)(2)(C), (f), (i), (j), , ; , , ; , (b), , , 3891; , , ; , (3), , ; , (c), , , 1301.)
Editorial Notes
References in Text
section 2808 of this titleFor the effective date of this chapter, referred to in subsec. (a)(1), see .
act June 27, 1934, ch. 84748 Stat. 1246section 1701 of this titleThe National Housing Act, referred to in subsecs. (b)(1) and (g)(2), is , . Titles I and II of the National Housing Act are classified generally to subchapters I (§ 1702 et seq.) and II (§ 1707 et seq.), respectively, of chapter 13 of this title. For complete classification of this Act to the Code, see and Tables.
act July 15, 1949, ch. 33863 Stat. 413section 1441 of Title 42The Housing Act of 1949, referred to in subsec. (b)(1), is , . Title V of the Housing Act of 1949 is classified generally to subchapter III (§ 1471 et seq.) of chapter 8A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Section 2802(2)(A) of this titlesection 2802(3)(A) of this titlePub. L. 111–203, title X, § 1094(2)(A)124 Stat. 2097, referred to in subsec. (h)(2)(B), was redesignated by , , .
Amendments
Pub. L. 115–174, § 104(a)(2)2018—Subsec. (i). , added subsec. (i), consisting of pars. (1) to (3), before par. (3) relating to exemption from certain disclosure requirements, which was formerly designated subsec. (i).
Pub. L. 115–174, § 104(a)(1)Subsec. (i)(3). , (c), redesignated subsec. (i) as par. (3) relating to exemption from certain disclosure requirements, realigned margins, and substituted “2802(3)(A) of this title” for “2802(2)(A) of this title”.
oPub. L. 115–174, § 104(a)(3)oSubsec. (). , added subsec. ().
Pub. L. 111–203, § 1094(1)Subsec. (a)(1). , substituted “Bureau” for “Board”.
Pub. L. 111–203, § 1094(3)(A)(i)Subsec. (b)(4). , inserted “age,” before “and gender”.
Pub. L. 111–203, § 1094(3)(A)(ii)Subsec. (b)(5), (6). –(iv), added pars. (5) and (6).
Pub. L. 111–203, § 1094(1)Subsec. (e). , substituted “Bureau” for “Board”.
Pub. L. 111–203, § 1094(3)(B)Subsec. (h). , added subsec. (h) and struck out former subsec. (h) which related to submission to agencies.
Pub. L. 111–203, § 1094(3)(C)Subsec. (i). , substituted “subsections (b)(4), (b)(5), and (b)(6)” for “subsection (b)(4)”.
Pub. L. 111–203, § 1094(1)Subsec. (j)(1). , substituted “Bureau” for “Board” in two places.
Pub. L. 111–203, § 1094(3)(D)(ii)Subsec. (j)(2)(A). , substituted “in such formats as the Bureau may require” for “in the format in which such information is maintained by the institution”.
Pub. L. 111–203, § 1094(1)Subsec. (j)(2)(B). , substituted “Bureau” for “Board” in two places.
Pub. L. 111–203, § 1094(3)(D)(i)Subsec. (j)(3). , added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “A depository institution meets the disclosure requirement of paragraph (1) if the institution provides the information required under such paragraph in the form in which the institution maintains such information.”
lPub. L. 111–203, § 1094(1)Subsecs. (j)(7), (k)(1), ()(2)(A). , substituted “Bureau” for “Board” wherever appearing.
Pub. L. 111–203, § 1094(3)(E)Subsec. (m)(2). , added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “In complying with paragraph (1), a depository institution shall, in the sole discretion of the institution, provide the person requesting the information with—
“(A) a paper copy of the information requested; or
“(B) if acceptable to the person, the information through a form of electronic medium, such as a computer disk.”
Pub. L. 111–203, § 1094(3)(F)Subsec. (n). , added subsec. (n).
Pub. L. 104–2081996—Subsec. (m). added subsec. (m).
Pub. L. 102–550, § 932(b)1992—Subsec. (c). , inserted “, other than loan application register information under subsection (j),” after “under this section”.
lPub. L. 102–550, § 932(a)lSubsecs. (j) to (). , added subsecs. (j) to ().
Pub. L. 102–242, § 212(a)(1)(A)1991—Subsec. (h)(1). , added par. (1) and struck out former par. (1) which read as follows: “the Comptroller of the Currency for national banks;”.
Pub. L. 102–242, § 212(a)(1)(B)section 2802(2)(A) of this titleSubsec. (h)(3). , added par. (3) and struck out former par. (3) which read as follows: “the Federal Deposit Insurance Corporation for banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), mutual savings banks, and any other depository institution described in which is not otherwise referred to in this paragraph;”.
Pub. L. 101–73, § 1211(c)(1)1989—Subsec. (a)(1). , inserted “(or for which the institution received completed applications)” after “originated”.
Pub. L. 101–73, § 1211(c)(2)(A)Subsec. (a)(2). , inserted “(or for which completed applications were received)” after “originated or purchased” in last sentence.
Pub. L. 101–73, § 1211(f), inserted at end “For purposes of this paragraph, other lending institutions shall be deemed to have a home office or branch office within a primary metropolitan statistical area, metropolitan statistical area, or consolidated metropolitan statistical area that is not comprised of designated primary metropolitan statistical areas if such institutions have originated or purchased or received completed applications for at least 5 mortgage loans in such area in the preceding calendar year.”
Pub. L. 101–73, § 1211(a)Subsec. (b)(4). , added par. (4).
Pub. L. 101–73, § 1211(i)Subsec. (e). , substituted “Subject to subsection (h), the Board” for “The Board”.
Pub. L. 101–73, § 1211(c)(2)(B)Subsec. (g)(1). , inserted “(or for which completed applications are received)” after “made”.
Pub. L. 101–73, § 1211(c)(2)(C)Subsec. (g)(2). , inserted “(or for which completed applications are received)” after “approved”.
Pub. L. 101–73, § 1211(b)Subsec. (h). , added subsec. (h).
Pub. L. 101–73, § 1211(j)Subsec. (i). , added subsec. (i).
Pub. L. 100–242, § 570(h)1988—Subsec. (a)(1). , substituted “at least one branch” for “at at least one branch”.
Pub. L. 100–242, § 565(a)(2)Subsec. (g). , added subsec. (g).
Pub. L. 98–1811983—Subsecs. (a), (f). substituted “primary metropolitan statistical area, metropolitan statistical area, or consolidated metropolitan statistical area that is not comprised of designated primary metropolitan statistical areas” for “standard metropolitan statistical area” wherever appearing.
Pub. L. 96–399, § 340(a)(1)1980—Subsec. (a)(1). , substituted “Department of Commerce” for “Office of Management and Budget”.
Pub. L. 96–399, § 340(a)(2)Subsec. (a)(2)(A). , revised applicable factors so as to include mortgage loans in a census tract, or by a county, and exclude readily available and reasonably costing census tracts, or by ZIP code.
Pub. L. 96–399, § 340(a)(3)Subsecs. (d) to (f). , added subsecs. (d) to (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Pub. L. 111–203section 1100H of Pub. L. 111–203section 552a of Title 5Amendment by effective on the designated transfer date, see , set out as a note under , Government Organization and Employees.
Effective Date of 1992 Amendment
Pub. L. 102–550, title IX, § 932(c)106 Stat. 3891
Effective Date of 1989 Amendment
Pub. L. 101–73section 1211(k) of Pub. L. 101–73section 2802 of this titleAmendment by applicable to each calendar year beginning after , see , set out as a note under .
Effective Date of 1988 Amendment
section 565(a)(2) of Pub. L. 100–242section 565(a)(4) of Pub. L. 100–242section 2802 of this titleAmendment by applicable to the portion of calendar year 1988 that begins , and to each calendar year beginning after , see , set out as a note under .
Evaluation and Report on Feasibility and Desirability of Establishing a Unified System for Enforcing Fair Lending Laws and Regulations
section 340(e) of Pub. L. 96–399section 3305 of this titleEvaluation of status and effectiveness of data collection and analysis systems involving fair lending, etc., and report thereof, see , set out as a note under .