§ 2804. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC2804]
TITLE 12--BANKS AND BANKING
CHAPTER 29--HOME MORTGAGE DISCLOSURE
Sec. 2804. Enforcement
(a) Regulations
The Board shall prescribe such regulations as may be necessary to
carry out the purposes of this chapter. These regulations may contain
such classifications, differentiations, or other provisions, and may
provide for such adjustments and exceptions for any class of
transactions, as in the judgment of the Board are necessary and proper
to effectuate the purposes of this chapter, and prevent circumvention or
evasion thereof, or to facilitate compliance therewith.
(b) Powers of certain other agencies
Compliance with the requirements imposed under this chapter shall be
enforced under--
(1) section 1818 of this title, in the case of--
(A) national banks, and Federal branches and Federal
agencies of foreign banks, by the Office of the Comptroller of
the Currency;
(B) member banks of the Federal Reserve System (other than
national banks), branches and agencies of foreign banks (other
than Federal branches, Federal agencies, and insured State
branches of foreign banks), commercial lending companies owned
or controlled by foreign banks, and organizations operating
under section 25 or 25(a) \1\ of the Federal Reserve Act [12
U.S.C. 601 et seq., 611 et seq.], by the Board; and
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\1\ See References in Text note below.
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(C) banks insured by the Federal Deposit Insurance
Corporation (other than members of the Federal Reserve System),
mutual savings banks as defined in section 1813(f) of this
title, insured State branches of foreign banks, and any other
depository institution not referred to in this paragraph or
paragraph (2) or (3) of this subsection, by the Board of
Directors of the Federal Deposit Insurance Corporation;
(2) section 1818 of this title, by the Director of the Office of
Thrift Supervision, in the case of a savings association the
deposits of which are insured by the Federal Deposit Insurance
Corporation;
(3) the Federal Credit Union Act [12 U.S.C. 1751 et seq.], by
the Administrator of the National Credit Union Administration with
respect to any credit union; and
(4) other lending institutions, by the Secretary of Housing and
Urban Development.
The terms used in paragraph (1) that are not defined in this chapter or
otherwise defined in section 1813(s) of this title shall have the
meaning given to them in section 3101 of this title.
(c) Violations of this chapter deemed violations of certain other
provisions
For the purpose of the exercise by any agency referred to in
subsection (b) of this section of its powers under any Act referred to
in that subsection, a violation of any requirement imposed under this
chapter shall be deemed to be a violation of a requirement imposed under
that Act. In addition to its powers under any provision of law
specifically referred to in subsection (b) of this section, each of the
agencies referred to in that subsection may exercise, for the purpose of
enforcing compliance with any requirement imposed under this chapter,
any other authority conferred on it by law.
(Pub. L. 94-200, title III, Sec. 305, Dec. 31, 1975, 89 Stat. 1126; Pub.
L. 101-73, title VII, Sec. 744(p)(1), title XII, Sec. 1211(g), Aug. 9,
1989, 103 Stat. 440, 526; Pub. L. 102-242, title II, Sec. 212(a)(2),
Dec. 19, 1991, 105 Stat. 2299.)
References in Text
Section 25 of the Federal Reserve Act, referred to in subsec.
(b)(1)(B), is classified to subchapter I (Sec. 601 et seq.) of chapter 6
of this title. Section 25(a) of the Federal Reserve Act, which is
classified to subchapter II (Sec. 611 et seq.) of chapter 6 of this
title, was renumbered section 25A of that act by Pub. L. 102-242, title
I, Sec. 142(e)(2), Dec. 19, 1991, 105 Stat. 2281.
The Federal Credit Union Act, referred to in subsec. (b)(3), is act
June 26, 1934, ch. 750, 48 Stat. 1216, as amended, which is classified
generally to chapter 14 (Sec. 1751 et seq.) of this title. For complete
classification of this Act to the Code, see section 1751 of this title
and Tables.
Amendments
1991--Subsec. (b). Pub. L. 102-242, Sec. 212(a)(2)(B), inserted at
end ``The terms used in paragraph (1) that are not defined in this
chapter or otherwise defined in section 1813(s) of this title shall have
the meaning given to them in section 3101 of this title.''
Subsec. (b)(1). Pub. L. 102-242, Sec. 212(a)(2)(A), added par. (1)
and struck out former par. (1) which read as follows: ``section 1818 of
this title, in the case of--
``(A) national banks, by the Comptroller of the Currency;
``(B) member banks of the Federal Reserve System, other than
national banks, by the Board;
``(C) banks insured by the Federal Deposit Insurance Corporation
(other than members of the Federal Reserve System) and mutual
savings banks as defined in section 1813(f) of this title and any
other depository institution not referred to in this paragraph or
paragraph (2) or (3) of this subsection, by the Board of Directors
of the Federal Deposit Insurance Corporation;''.
1989--Subsec. (b)(2). Pub. L. 101-73, Sec. 744(p)(1), amended par.
(2) generally. Prior to amendment, par. (2) read as follows: ``section
1464(d) of this title, section 1730 of this title, and sections 1426(i)
and 1437 of this title, by the Federal Home Loan Bank Board (acting
directly or through the Federal Savings and Loan Insurance Corporation)
in the case of any institution subject to any of those provisions;
and''.
Subsec. (b)(4). Pub. L. 101-73, Sec. 1211(g), added par. (4).
Effective Date of 1989 Amendment
Amendment by section 1211(g) of Pub. L. 101-73 applicable to each
calendar year beginning after Dec. 31, 1989, see section 1211(k) of Pub.
L. 101-73, set out as a note under section 2802 of this title.
