12 USC Ch. 46: Front Matter
From Title 12-BANKS AND BANKINGCHAPTER 46-GOVERNMENT SPONSORED ENTERPRISES
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CHAPTER 46-GOVERNMENT SPONSORED ENTERPRISES
Sec.
4501.
Congressional findings.
4502.
Definitions.
4503.
Protection of taxpayers against liability.
SUBCHAPTER I-SUPERVISION AND REGULATION OF ENTERPRISES
Part A-Financial Safety and Soundness Regulator
4511.
Establishment of Office of Federal Housing Enterprise Oversight.
4512.
Director.
(a)
Appointment.
(b)
Term.
(c)
Vacancy.
(d)
Service after end of term.
(e)
Deputy Director.
4513.
Duty and authority of Director.
(a)
Duty.
(b)
Authority exclusive of Secretary.
(c)
Authority subject to approval of Secretary.
(d)
Delegation of authority.
(e)
Independence in providing information to Congress.
4514.
Authority to require reports by enterprises.
(a)
Special reports and reports of financial condition.
(b)
Capital distributions.
4515.
Personnel.
(a)
Office personnel.
(b)
Comparability of compensation with Federal banking agencies.
(c)
Personnel of other Federal agencies.
(d)
Reimbursement of HUD.
(e)
Outside experts and consultants.
(f)
Equal opportunity report.
4516.
Funding.
(a)
Annual assessments.
(b)
Allocation of annual assessment to enterprises.
(c)
Deficiencies due to increased costs of regulation.
(d)
Surplus.
(e)
Initial special assessment.
(f)
Fund.
(g)
Budget and financial reports.
4517.
Examinations.
(a)
Annual examination.
(b)
Other examinations.
(c)
Examiners.
(d)
Law applicable to examiners.
(e)
Technical experts.
(f)
Oaths, evidence, and subpoena powers.
4518.
Prohibition of excessive compensation.
(a)
In general.
(b)
Prohibition of setting compensation.
4519.
Authority to provide for review of enterprises by rating organization.
4520.
Equal opportunity in solicitation of contracts.
(a)
In general.
(b)
Report.
4521.
Annual reports by Director.
(a)
General report.
(b)
Report on enforcement actions.
4522.
Public disclosure of final orders and agreements.
(a)
In general.
(b)
Hearings.
(c)
Delay of public disclosure under exceptional circumstances.
(d)
Documents filed under seal in public enforcement hearings.
(e)
Retention of documents.
(f)
Disclosures to Congress.
4523.
Limitation on subsequent employment.
4524.
Audits by GAO.
4525.
Information, records, and meetings.
4526.
Regulations and orders.
(a)
Authority.
(b)
Notice and comment.
(c)
Congressional review.
Part B-Authority of Secretary
subpart 1-general authority
4541.
Regulatory authority.
4542.
Prior approval authority for new programs.
(a)
Authority.
(b)
Standard for approval.
(c)
Procedure for approval.
4543.
Public access to mortgage information.
(a)
In general.
(b)
Access.
(c)
Fees.
4544.
Annual housing report.
(a)
In general.
(b)
Contents.
4545.
Fair housing.
4546.
Prohibition of public disclosure of proprietary information.
(a)
In general.
(b)
Protection of information on housing activities.
(c)
Nondisclosure pending consideration.
4547.
Authority to require reports by enterprises.
4548.
Reports by Secretary.
(a)
Annual report.
(b)
Views on budget and financial plans of enterprises.
subpart 2-housing goals
4561.
Establishment.
(a)
In general.
(b)
Consideration of units in multifamily housing.
(c)
Adjustment of housing goals.
4562.
Low- and moderate-income housing goal.
(a)
In general.
(b)
Factors to be applied.
(c)
Use of borrower and tenant income.
(d)
Transition.
4563.
Special affordable housing goal.
(a)
Establishment.
(b)
Full credit activities.
(c)
Use of borrower and tenant income.
(d)
Transition.
4564.
Central cities, rural areas, and other underserved areas housing goal.
(a)
In general.
(b)
Factors to be applied.
(c)
Location of properties.
(d)
Transition.
4565.
Other requirements.
(a)
In general.
(b)
Affordable housing goals.
4566.
Monitoring and enforcing compliance with housing goals.
(a)
In general.
(b)
Notice and determination of failure to meet goals.
(c)
Housing plans.
4567.
Reports during transition.
subpart 3-enforcement of housing goals
4581.
Cease-and-desist proceedings.
(a)
Grounds for issuance.
(b)
Procedure.
(c)
Effective date.
(d)
Transition period limitation.
4582.
Hearings.
(a)
Requirements.
(b)
Issuance of order.
4583.
Judicial review.
(a)
Commencement.
(b)
Filing of record.
(c)
Jurisdiction.
(d)
Review.
(e)
Order to pay penalty.
(f)
No automatic stay.
4584.
Enforcement and jurisdiction.
(a)
Enforcement.
(b)
Limitation on jurisdiction.
4585.
Civil money penalties.
(a)
Authority.
(b)
Amount of penalty.
(c)
Procedures.
(d)
Action to collect penalty.
(e)
Settlement by Secretary.
(f)
Transition period limitation.
(g)
Deposit of penalties.
4586.
Public disclosure of final orders and agreements.
(a)
In general.
(b)
Hearings.
(c)
Delay of public disclosure under exceptional circumstances.
(d)
Documents filed under seal in public enforcement hearings.
(e)
Retention of documents.
(f)
Disclosures to Congress.
4587.
Notice of service.
4588.
Subpoena authority.
(a)
In general.
(b)
Witnesses and documents.
(c)
Enforcement.
(d)
Fees and expenses.
4589.
Regulations.
Part C-Miscellaneous Provisions
4601.
Review of underwriting guidelines.
(a)
Study.
(b)
Report.
4602.
Studies of effects of privatization of FNMA and FHLMC.
(a)
In general.
(b)
Requirements.
(c)
Information.
(d)
Views of FNMA and FHLMC.
4603.
Transition.
SUBCHAPTER II-REQUIRED CAPITAL LEVELS FOR ENTERPRISES AND SPECIAL ENFORCEMENT POWERS
4611.
Risk-based capital levels.
(a)
Risk-based capital test.
(b)
Considerations.
(c)
Risk-based capital level.
(d)
Definitions.
(e)
Regulations.
(f)
Availability of model.
4612.
Minimum capital levels.
(a)
In general.
(b)
Transition.
4613.
Critical capital levels.
4614.
Capital classifications.
(a)
In general.
(b)
Discretionary classification.
(c)
Quarterly determination.
(d)
Implementation.
4615.
Supervisory actions applicable to undercapitalized enterprises.
(a)
Mandatory actions.
(b)
Discretionary reclassification from undercapitalized to significantly undercapitalized.
(c)
Effective date.
4616.
Supervisory actions applicable to significantly undercapitalized enterprises.
(a)
Mandatory supervisory actions.
(b)
Discretionary supervisory actions.
(c)
Effective date.
4617.
Appointment of conservators for critically undercapitalized enterprises.
(a)
Appointment.
(b)
Authority.
(c)
Approval of activities.
(d)
Effective date.
4618.
Notice of classification and enforcement action.
(a)
Notice.
(b)
Applicability.
(c)
Response period.
(d)
Consideration of information and determination.
(e)
Effective date of actions.
4619.
Appointment of conservators.
(a)
Appointment.
(b)
Judicial review.
(c)
Replacement.
(d)
Examinations.
(e)
Termination.
4620.
Powers of conservators.
(a)
General powers.
(b)
Additional power.
(c)
Limitations by Director.
(d)
Enforcement of contracts.
(e)
Stays.
(f)
Payment of creditors.
(g)
Compensation of conservator and employees.
(h)
Expenses.
(i)
Conflicts of interest and financial disclosure.
4621.
Liability protection for conservators.
(a)
Federal agencies and employees.
(b)
Other conservators.
(c)
Indemnification.
4622.
Capital restoration plans.
(a)
Contents.
(b)
Deadlines for submission.
(c)
Approval.
(d)
Resubmission.
4623.
Judicial review of Director action.
(a)
Jurisdiction.
(b)
Scope of review.
(c)
Unavailability of stay.
(d)
Limitation on jurisdiction.
SUBCHAPTER III-ENFORCEMENT PROVISIONS
4631.
Cease-and-desist proceedings.
(a)
Grounds for issuance against adequately capitalized enterprises.
(b)
Grounds for issuance against undercapitalized, significantly undercapitalized, and critically undercapitalized enterprises.
(c)
Procedure.
(d)
Affirmative action to correct conditions resulting from violations or activities.
(e)
Authority to limit activities.
(f)
Effective date.
4632.
Temporary cease-and-desist orders.
(a)
Grounds for issuance and scope.
(b)
Effective date.
(c)
Incomplete or inaccurate records.
(d)
Judicial review.
(e)
Enforcement by Attorney General.
4633.
Hearings.
(a)
Requirements.
(b)
Issuance of order.
4634.
Judicial review.
(a)
Commencement.
(b)
Filing of record.
(c)
Jurisdiction.
(d)
Review.
(e)
Order to pay penalty.
(f)
No automatic stay.
4635.
Enforcement and jurisdiction.
(a)
Enforcement.
(b)
Limitation on jurisdiction.
4636.
Civil money penalties.
(a)
In general.
(b)
Amount of penalty.
(c)
Procedures.
(d)
Action to collect penalty.
(e)
Settlement by Director.
(f)
Availability of other remedies.
(g)
Prohibition of reimbursement or indemnification.
(h)
Deposit of penalties.
(i)
Applicability.
4637.
Notice after separation from service.
4638.
Private rights of action.
4639.
Public disclosure of final orders and agreements.
(a)
In general.
(b)
Hearings.
(c)
Delay of public disclosure under exceptional circumstances.
(d)
Documents filed under seal in public enforcement hearings.
(e)
Retention of documents.
(f)
Disclosures to Congress.
4640.
Notice of service.
4641.
Subpoena authority.
(a)
In general.
(b)
Witnesses and documents.
(c)
Enforcement.
(d)
Fees and expenses.
Chapter Referred to in Other Sections
This chapter is referred to in sections 1422b, 1426 of this title.