12 U.S.C. § 3338 | Roster of State, certified, licensed, and…

(a)

In general

Each State with an appraiser certifying and licensing agency whose certifications and licenses comply with this chapter, shall—

(1)

transmit to the Appraisal Subcommittee, no less than annually, a roster listing individuals who have received a State certification or license in accordance with this chapter, and in the case of a State with a supervisory or trainee program, a roster listing individuals who have received a State trainee credential;

(2)

transmit reports on the issuance and renewal of licenses, certifications, credentials, sanctions, and disciplinary actions, including license, credential, and certification revocations, on a timely basis to the national registry of the Appraisal Subcommittee;

(3)

transmit reports on a timely basis of supervisory activities involving appraisal management companies or other third-party providers of appraisals and appraisal management services, including investigations initiated and disciplinary actions taken; and

(4)

collect—

(A)

from such individuals who perform or seek to perform appraisals in federally related transactions, an annual registry fee of not more than $40, such fees to be transmitted by the State agencies to the Council on an annual basis; and

(B)

from an appraisal management company that either has registered with a State appraiser certifying and licensing agency in accordance with this chapter or operates as a subsidiary of a federally regulated financial institution, an annual registry fee of—

(i)

in the case of such a company that has been in existence for more than a year, $25 multiplied by the number of appraisers working for or contracting with such company in such State during the previous year, but where such $25 amount may be adjusted, up to a maximum of $50, at the discretion of the Appraisal Subcommittee, if necessary to carry out the Subcommittee’s functions under this chapter; and

(ii)

in the case of such a company that has not been in existence for more than a year, $25 multiplied by an appropriate number to be determined by the Appraisal Subcommittee, and where such number will be used for determining the fee of all such companies that were not in existence for more than a year, but where such $25 amount may be adjusted, up to a maximum of $50, at the discretion of the Appraisal Subcommittee, if necessary to carry out the Subcommittee’s functions under this chapter.

Subject to the approval of the Council, the Appraisal Subcommittee may adjust the dollar amount of registry fees under paragraph (4)(A), up to a maximum of $80 per annum, as necessary to carry out its functions under this chapter. The Appraisal Subcommittee shall consider at least once every 5 years whether to adjust the dollar amount of the registry fees to account for inflation. In implementing any change in registry fees, the Appraisal Subcommittee shall provide flexibility to the States for multi-year certifications and licenses already in place, as well as a transition period to implement the changes in registry fees. In establishing the amount of the annual registry fee for an appraisal management company, the Appraisal Subcommittee shall have the discretion to impose a minimum annual registry fee for an appraisal management company to protect against the under reporting of the number of appraisers working for or contracted by the appraisal management company. Subject to the approval of the Council, the Appraisal Subcommittee may adjust fees established under clause (i) or (ii) to carry out its functions under this Act.

(b)

Use of amounts appropriated or collected

Amounts appropriated for or collected by the Appraisal Subcommittee under this section shall be used—

(1)

to maintain a registry of individuals who are qualified and eligible to perform appraisals in connection with federally related transactions;

(2)

to support its activities under this chapter;

(3)

August 9, 1989 to reimburse the general fund of the Treasury for amounts appropriated to and expended by the Appraisal Subcommittee during the 24-month startup period following ;

(4)

to make grants in such amounts as it deems appropriate to the Appraisal Foundation, to help defray those costs of the foundation relating to the activities of its Appraisal Standards and Appraiser Qualification Boards;

(5)

to make grants to State appraiser certifying and licensing agencies, in accordance with policies to be developed by the Appraisal Subcommittee, to support the efforts of such agencies to comply with this chapter, including—

(A)

the complaint process, complaint investigations, and appraiser enforcement activities of such agencies; and

(B)

the submission of data on State licensed and certified appraisers and appraisal management companies to the National appraisal registry, including information affirming that the appraiser or appraisal management company meets the required qualification criteria and formal and informal disciplinary actions;

(6)

to report to all State appraiser certifying and licensing agencies when a license or certification is surrendered, revoked, or suspended; and

(7)

to make grants to State appraiser certifying and licensing agencies and post-secondary institutions, including trade and polytechnic schools, to support the carrying out of education and training activities or other activities related to addressing appraiser industry workforce needs, including recruiting and retaining workforce talent, such as through scholarship assistance and career pipeline development, and such agencies shall report on the use of funds and outcomes.

Pub. L. 101–73, title XI, § 1109Aug. 9, 1989103 Stat. 513 Pub. L. 111–203, title XIV, § 1473(g)July 21, 2010124 Stat. 2194 Pub. L. 119–101, title IV, § 403(b)July 11, 2026140 Stat. 900 (, , ; , (h)(1), (i), , , 2195; , (c)(2)(A), (d), , , 901.)

Editorial Notes

References in Text

Pub. L. 101–73This chapter, referred to in subsecs. (a) and (b)(5), was in the original “this title”, meaning title XI of , which is classified principally to this chapter. For complete classification of title XI to the Code, see Tables.

Pub. L. 101–73Aug. 9, 1989103 Stat. 183 section 1811 of this titleThis Act, referred to in subsec. (a), is , , , known as the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. For complete classification of this Act to the Code, see Short Title of 1989 Amendment note set out under and Tables.

Codification

Pub. L. 111–203, § 1473(i), which amended this section, also enacted provisions set out as a note below.

Amendments

Pub. L. 119–101, § 403(c)(2)(A)(i)2026—, substituted “, certified, licensed, and credentialed trainee” for “certified or licensed” in section catchline.

Pub. L. 119–101, § 403(b)Subsec. (a). , inserted at end of concluding provisions “Subject to the approval of the Council, the Appraisal Subcommittee may adjust fees established under clause (i) or (ii) to carry out its functions under this Act.”

Pub. L. 119–101, § 403(c)(2)(A)(ii)(I)Subsec. (a)(1). , inserted “, and in the case of a State with a supervisory or trainee program, a roster listing individuals who have received a State trainee credential” after “this chapter”.

Pub. L. 119–101, § 403(c)(2)(A)(ii)(II)Subsec. (a)(2). , added par. (2) and struck out former par. (2) which read as follows: “transmit reports on the issuance and renewal of licenses and certifications, sanctions, disciplinary actions, license and certification revocations, and license and certification suspensions on a timely basis to the national registry of the Appraisal Subcommittee;”.

Pub. L. 119–101, § 403(d)Subsec. (b)(7). , added par. (7).

Pub. L. 111–203, § 1473(h)(1)(B)2010—Subsec. (a). , amended concluding provisions generally. Prior to amendment, concluding provisions read as follows: “Subject to the approval of the Council, the Appraisal Subcommittee may adjust the dollar amount of registry fees, up to a maximum of $50 per annum, as necessary to carry out its functions under this chapter.”

Pub. L. 111–203, § 1473(g)(1)Subsec. (a)(2), (3). , (3), added pars. (2) and (3). Former par. (2) redesignated (4).

Pub. L. 111–203, § 1473(h)(1)(A)Subsec. (a)(4). , amended par. (4) generally. Prior to amendment, par. (4) read as follows: “collect from such individuals who perform or seek to perform appraisals in federally related transactions, an annual registry fee of not more than $25, such fees to be transmitted by the State agencies to the Council on an annual basis.”

Pub. L. 111–203, § 1473(g)(2), redesignated par. (2) as (4).

Pub. L. 111–203, § 1473(i)Subsec. (b)(5), (6). , added pars. (5) and (6).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–203 section 1400(c) of Pub. L. 111–203 section 1601 of Title 15Amendment by 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 , set out as a note under , Commerce and Trade.

Construction of 2026 Amendment

Pub. L. 119–101, title IV, § 403(c)(2)(B)July 11, 2026140 Stat. 900

12 U.S.C. 3350(12)“Nothing in the amendments made by subparagraph (A) [amending this section] shall require a State to establish or operate a program for State credentialed trainee appraisers, as defined in paragraph (12) of section 1121 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 [], as added by paragraph (4) of this subsection.”

, , , provided that:

Grants and Reports

Pub. L. 111–203, title XIV, § 1473(i)July 21, 2010124 Stat. 2195 , , , provided that:

[Introductory provisions and pars. (1) to (3) amended this section].

“Obligations authorized under this subsection [amending this section] may not exceed 75 percent of the fiscal year total of incremental increase in fees collected and deposited in the ‘Appraisal Subcommittee Account’ pursuant to subsection (h) [amending this section and enacting provisions set out as a note under this section].”

Incremental Revenues

Pub. L. 111–203, title XIV, § 1473(h)(2)July 21, 2010124 Stat. 2195

“Incremental revenues collected pursuant to the increases required by this subsection [amending this section] shall be placed in a separate account at the United States Treasury, entitled the ‘Appraisal Subcommittee Account’.”