§1456 — Title 12 Banks and Banking | U.S. Code

Summary

The Corporation’s legal rights over mortgages and other things it owns are protected from being weakened by any law or government action that starts after the Corporation bought the property, unless Congress clearly says otherwise. The Corporation can do business without following state “qualification” rules that might otherwise limit it. The Government Accountability Office (GAO) may audit the Corporation’s programs, money, and records. GAO staff can see all books and papers needed for the audit and verify bank balances. The Corporation must pay the GAO for the full cost of those audits. The Corporation must also give GAO access to any records used by outside auditors. The Corporation must send regular financial reports to the Director of the Federal Housing Finance Agency (FHFA). Reports must follow the forms and schedules the Director requires. Annual reports must include GAAP financial statements, any extra information the Director asks for, and a signed evaluation by the CEO and chief financial officer about the company’s internal controls and compliance with safety and soundness rules. An officer must declare each report is true and correct. The Corporation must get an annual independent audit by a public accountant and have that auditor say whether the statements are fair and meet required disclosures. The Corporation must collect and give the FHFA data about its mortgage purchases. For 1–4 unit homes, this includes borrower income, location, race, gender, loan-to-value at origination, whether the loan is new or seasoned, unit count and owner-occupancy, and other helpful details. For larger properties, it must collect location, tenant income info (when practicable), rents, loan and borrower types, use of funds, originator type, and other relevant data. These rules apply to mortgages bought after December 31, 1992, and to some older loans when the data are available. The Corporation must report to certain House and Senate committees and to the FHFA about its work under the housing goals law. The report must summarize mortgage volumes and numbers by category, families served (including income, race, gender), use of subsidies, first-time buyer activity, securitization versus portfolio, underwriting and lending practices that affect low- and moderate-income borrowers or may have different effects by race, multifamily market trends, delinquency and default trends, seller and servicer networks (including minority- and women-owned lenders), work with nonprofits and governments, and other items the Director wants. These reports must be available to the public at the Corporation’s main and regional offices, but the Corporation may omit information the Director deems proprietary. Within four months after October 28, 1992, the Corporation must set up an Affordable Housing Advisory Council with 15 members. The council will advise on ways to promote affordable housing for low- and moderate-income families and must include people from community groups, nonprofit and for-profit organizations, and state and local housing agencies.

Title 12, §1456

Banks and Banking — Source: USLM XML via OLRC

(a)All rights and remedies of the Corporation, including without limitation on the generality of the foregoing any rights and remedies of the Corporation on, under, or with respect to any mortgage or any obligation secured thereby, shall be immune from impairment, limitation, or restriction by or under (1) any law (except laws enacted by the Congress expressly in limitation of this sentence) which becomes effective after the acquisition by the Corporation of the subject or property on, under, or with respect to which such right or remedy arises or exists or would so arise or exist in the absence of such law, or (2) any administrative or other action which becomes effective after such acquisition. The Corporation is authorized to conduct its business without regard to any qualification or similar statute in any State.

(b)(1)The programs, activities, receipts, expenditures, and financial transactions of the Corporation shall be subject to audit by the Comptroller General of the United States under such rules and regulations as may be prescribed by the Comptroller General. The representatives of the Government Accountability Office shall have access to all books, accounts, financial records, reports, files and all other papers, things, or property belonging to or in use by the Corporation and necessary to facilitate the audit, and they shall be afforded full facilities for verifying transactions with the balances or securities held by depositaries, fiscal agents, and custodians. A report on each such audit shall be made by the Comptroller General to the Congress. The Corporation shall reimburse the Government Accountability Office for the full cost of any such audit as billed therefor by the Comptroller General.

(2)To carry out this subsection, the representatives of the Government Accountability Office shall have access, upon request to the Corporation or any auditor for an audit of the Corporation under subsection (d), to any books, accounts, financial records, reports, files, or other papers, things, or property belonging to or in use by the Corporation and used in any such audit and to any papers, records, files, and reports of the auditor used in such an audit.

(c)(1)The Corporation shall submit to the Director of the Federal Housing Finance Agency annual and quarterly reports of the financial condition and operations of the Corporation which shall be in such form, contain such information, and be submitted on such dates as the Director shall require.

(2)Each such annual report shall include—

(A)financial statements prepared in accordance with generally accepted accounting principles;

(B)any supplemental information or alternative presentation that the Director may require; and

(C)an assessment (as of the end of the Corporation’s most recent fiscal year), signed by the chief executive officer and chief accounting or financial officer of the Corporation, of—

(i)the effectiveness of the internal control structure and procedures of the Corporation; and

(ii)the compliance of the Corporation with designated safety and soundness laws.

(3)The Corporation shall also submit to the Director any other reports required by the Director pursuant to section 1314 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 [12 U.S.C. 4514].

(4)Each report of financial condition shall contain a declaration by the president, vice president, treasurer, or any other officer designated by the Board of Directors of the Corporation to make such declaration, that the report is true and correct to the best of such officer’s knowledge and belief.

(d)(1)The Corporation shall have an annual independent audit made of its financial statements by an independent public accountant in accordance with generally accepted auditing standards.

(2)In conducting an audit under this subsection, the independent public accountant shall determine and report on whether the financial statements of the Corporation (A) are presented fairly in accordance with generally accepted accounting principles, and (B) to the extent determined necessary by the Director, comply with any disclosure requirements imposed under subsection (c)(2)(B).

(e)(1)The Corporation shall collect, maintain, and provide to the Director of the Federal Housing Finance Agency, in a form determined by the Director, data relating to its mortgages on housing consisting of 1 to 4 dwelling units. Such data shall include—

(A)the income, census tract location, race, and gender of mortgagors under such mortgages;

(B)the loan-to-value ratios of purchased mortgages at the time of origination;

(C)whether a particular mortgage purchased is newly originated or seasoned;

(D)the number of units in the housing subject to the mortgage and whether the units are owner-occupied; and

(E)any other characteristics that the Secretary considers appropriate, to the extent practicable.

(2)The Corporation shall collect, maintain, and provide to the Director of the Federal Housing Finance Agency, in a form determined by the Director, data relating to its mortgages on housing consisting of more than 4 dwelling units. Such data shall include—

(A)census tract location of the housing;

(B)income levels and characteristics of tenants of the housing (to the extent practicable);

(C)rent levels for units in the housing;

(D)mortgage characteristics (such as the number of units financed per mortgage and the amount of loans);

(E)mortgagor characteristics (such as nonprofit, for-profit, limited equity cooperatives);

(F)use of funds (such as new construction, rehabilitation, refinancing);

(G)type of originating institution; and

(H)any other information that the Secretary considers appropriate, to the extent practicable.

(3)(A)Except as provided in subparagraph (B), this subsection shall apply only to mortgages purchased by the Corporation after December 31, 1992.

(B)This subsection shall apply to any mortgage purchased by the Corporation after the date determined under subparagraph (A) if the mortgage was originated before such date, but only to the extent that the data referred in paragraph (1) or (2), as applicable, is available to the Corporation.

(f)(1)The Corporation shall submit to the Committee on Banking, Finance and Urban Affairs of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Director of the Federal Housing Finance Agency a report on its activities under subpart B of part 2 of subtitle A of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 [12 U.S.C. 4561 et seq.].

(2)The report under this subsection shall—

(A)include, in aggregate form and by appropriate category, statements of the dollar volume and number of mortgages on owner-occupied and rental properties purchased which relate to each of the annual housing goals established under such subpart;

(B)include, in aggregate form and by appropriate category, statements of the number of families served by the Corporation, the income class, race, and gender of homebuyers served, the income class of tenants of rental housing (to the extent such information is available), the characteristics of the census tracts, and the geographic distribution of the housing financed;

(C)include a statement of the extent to which the mortgages purchased by the Corporation have been used in conjunction with public subsidy programs under Federal law;

(D)include statements of the proportion of mortgages on housing consisting of 1 to 4 dwelling units purchased by the Corporation that have been made to first-time homebuyers, as soon as providing such data is practicable, and identifying any special programs (or revisions to conventional practices) facilitating homeownership opportunities for first-time homebuyers;

(E)include, in aggregate form and by appropriate category, the data provided to the Director of the Federal Housing Finance Agency under subsection (e)(1)(B);

(F)compare the level of securitization versus portfolio activity;

(G)assess underwriting standards, business practices, repurchase requirements, pricing, fees, and procedures, that affect the purchase of mortgages for low- and moderate-income families, or that may yield disparate results based on the race of the borrower, including revisions thereto to promote affordable housing or fair lending;

(H)describe trends in both the primary and secondary multifamily housing mortgage markets, including a description of the progress made, and any factors impeding progress, toward standardization and securitization of mortgage products for multifamily housing;

(I)describe trends in the delinquency and default rates of mortgages secured by housing for low- and moderate-income families that have been purchased by the Corporation, including a comparison of such trends with delinquency and default information for mortgage products serving households with incomes above the median level that have been purchased by the Corporation, and evaluate the impact of such trends on the standards and levels of risk of mortgage products serving low- and moderate-income families;

(J)describe in the aggregate the seller and servicer network of the Corporation, including the volume of mortgages purchased from minority-owned, women-owned, and community-oriented lenders, and any efforts to facilitate relationships with such lenders;

(K)describe the activities undertaken by the Corporation with nonprofit and for-profit organizations and with State and local governments and housing finance agencies, including how the Corporation’s activities support the objectives of comprehensive housing affordability strategies under section 12705 of title 42; and

(L)include any other information that the Director of the Federal Housing Finance Agency considers appropriate.

(3)(A)The Corporation shall make each report under this subsection available to the public at the principal and regional offices of the Corporation.

(B)Before making a report under this subsection available to the public, the Corporation may exclude from the report information that the Director of the Federal Housing Finance Agency has determined is proprietary information under section 1326 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 [12 U.S.C. 4546].

(g)(1)Not later than 4 months after October 28, 1992, the Corporation shall appoint an Affordable Housing Advisory Council to advise the Corporation regarding possible methods for promoting affordable housing for low- and moderate-income families.

(2)The Affordable Housing Advisory Council shall consist of 15 individuals, who shall include representatives of community-based and other nonprofit and for-profit organizations and State and local government agencies actively engaged in the promotion, development, or financing of housing for low- and moderate-income families.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Housing Enterprises Financial Safety and Soundness Act of 1992, referred to in subsec. (f)(1), is title XIII of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3941. Subpart B of part 2 of subtitle A of the Act is classified generally to subpart 2 (§ 4561 et seq.) of part B of subchapter I of chapter 46 of this title. For complete classification of this Act to the Code, see

Short Title

note under section 4501 of this title and Tables.

Amendments

2008—Subsec. (c)(1). Pub. L. 110–289, § 1161(c)(1), substituted “Director of the Federal Housing Finance Agency” for “Director of the Office of Federal Housing Enterprise Oversight of the Department of Housing and Urban Development”. Subsec. (e)(1), (2). Pub. L. 110–289, § 1161(c)(3)(A), substituted “to the Director of the Federal Housing Finance Agency, in a form determined by the Director” for “to the Secretary, in a form determined by the Secretary” in introductory provisions. Subsec. (f)(1). Pub. L. 110–289, § 1161(c)(3)(B)(i), substituted “and the Director of the Federal Housing Finance Agency” for “and the Secretary”. Subsec. (f)(2)(E), (L). Pub. L. 110–289, § 1161(c)(3)(B)(ii), substituted “the Director of the Federal Housing Finance Agency” for “the Secretary”. Subsec. (f)(3)(B). Pub. L. 110–289, § 1161(c)(3)(B)(iii), substituted “Director of the Federal Housing Finance Agency” for “Secretary”. 2004—Subsec. (b). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” wherever appearing. 1992—Subsec. (b). Pub. L. 102–550, § 1382(o), designated existing provisions as par. (1), substituted “The programs, activities, receipts, expenditures, and financial transactions of the Corporation shall be subject to audit by the Comptroller General of the United States under such

Rules and Regulations

as may be prescribed by the Comptroller General.” for “The financial transactions of the Corporation shall be subject to audit by the General Accounting Office in accordance with the principles and procedures applicable to commercial corporate transactions under such

Rules and Regulations

as may be prescribed by the Comptroller General of the United States.”, and added par. (2). Subsecs. (c) to (g). Pub. L. 102–550, § 1382(p)–(t), added subsecs. (c) to (g). 1989—Subsec. (a). Pub. L. 101–73 substituted “The Corporation is authorized to conduct its business without regard to any qualification or similar statute in any State.” for “The Corporation shall be entitled to all immunities and priorities, including without limitation on the generality of the foregoing all immunities and priorities under any such law or action, to which it would be entitled if it were the United States or if it were an unincorporated agency of the United States.”

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Committee on Banking and Financial Services of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Effective Date

of 1989 Amendment Pub. L. 101–73, title VII, § 731(j)(2), Aug. 9, 1989, 103 Stat. 435, provided that: “The amendment made by this subsection [amending this section] shall not apply to any assertion of priority by the Federal Home Loan Mortgage Corporation with respect to any cause of action or claim filed before the date of the enactment of this Act [Aug. 9, 1989].” Termination of Advisory CouncilsAdvisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by Congress, its duration is otherwise provided by law. See section 1001(2) and 1013 of Title 5, Government Organization and Employees.

§1456 Immunity of Corporation; audits and reporting requirements; data collection; Housing Advisory Council

Summary

Title 12, §1456

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Rules and Regulations

Rules and Regulations

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Citations & Metadata